September 6, 2020

Chances of immediate bail very slim: Experts | Bengaluru News

Chances of immediate bail very slim: Experts | Bengaluru News


BENGALURU: Under the Narcotic Drugs and Psychotropic Substances Act, 1985, chances of an accused getting immediate bail are very limited as the offences are nonbailable. According to legal experts, most of these offences carry stringent punishment as opposed to many enumerated under the Indian Penal Code (IPC).
“This is a special enactment. Even if the accused is a woman, there’s no guarantee she would get bail,” said NS Sampangiramaiah, who was state public prosecutor for many years. He added an accused can harbour any hopes of getting bail only after the chargesheet is filed.
Regarding arrest, Sampangiramaiah said a person can be taken into custody once FIR is registered. Prior to that, police can summon a person for questioning. Abetment is also a serious offence.
P Prasanna Kumar, special public prosecutor, CBI and NIA, said even abetment and criminal conspiracy are treated on a par with other offences under Section 29 of the NDPS Act. He pointed out that even possession of drugs in small quantities can result in imprisonment for six months and in case of commercial quantity, the jail term can range from 10 to 20 years with fine. “Under Section 27A, financing illicit traffic of drugs and harbouring offenders will result in at least 10 years of punishment. Section 27B prescribes punishment for consumption of narcotic substances. Statement of an accused recorded by an officer under Section 67 of NDPS Act is admissible in law,” he added.
Earlier, statutory control over narcotic drugs was being exercised through Opium Act, 1857, Opium Act, 1878 and Dangerous Drugs Act, 1930. But all these laws prescribed a maximum punishment of only 3-4 years. However, with passage of time and developments in the field of illicit drug traffic and drug abuse, a need for bringing in a special enactment was felt. NDPS Act was introduced as a bill and came into force from November 14, 1985.



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