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Mar 4, 2022

Can you get bail for drug-related offences?

The Delhi High Court has said that drug abuse is on the rise in the country, resulting in adverse economic and social consequences. The Court stated that the aim of restricting drug menace should be kept in mind while considering whether to grant bail for drug-related offences. 

 

Which law regulates bail for drug-related crimes?

In India, narcotic drugs like charas (hemp), ganja, opium etc., and psychotropic substances, are regulated by the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Act punishes the manufacture, possession, sale and use of these drugs.

 

What is the punishment for drug-related offences?

Punishments under the NDPS Act are based on what drug is involved and the quantity of the drug (these quantities are specified in the law). A commercial quantity is the largest quantity of a drug for which the punishment will be the most severe. 

 

For example, the punishment for being found with a small quantity of cocaine (2 gms) is imprisonment for up to one year, but the punishment for having a commercial quantity of cocaine (100 gms) is imprisonment of 10 to 20 years and a fine of Rs. 1-2 lakh.

 

Can you get bail for drug-related offences?

Section 37 of the NDPS Act says that drug-related offences are cognizable and non-bailable. This means that if you have been arrested under this Act, you can get bail only if you apply for it in court and it is granted by the court. Further, the court imposes strict conditions before granting bail for a drug-related offence, especially if you are accused of an offence that involves commercial quantities of a drug.

 

What are the conditions for getting bail for a drug-related crime?

If you apply for bail under the NDPS Act, the court will first give the government lawyer an opportunity to oppose your application.

 

If the government lawyer opposes your bail application, the court will consider several facts and conditions before deciding if you can get bail. In order to grant bail for a drug-related crime, the court should be satisfied about two conditions:

 

  1. i) The court should be convinced that there is a reasonable chance that you did not commit the crime. The court will look into the facts of the case and consider the probability of whether you have actually committed the crime.

 

  1. ii) The court also needs to be sure that you will not commit any other crime if you are released on bail.

To know more, read here.

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