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Narcotic Drugs

Criminal Law Litigation

Bails in NDPS Cases

NDPS or Narcotic Drugs and Psychotropic Substances are a significant criminal offences in India. The provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 are inasmuch stringent that they make the entire process of seeking bail quite cumbersome and many a times difficult. In fact, the penalties that drug crimes carry are very severe in India resulting in high level of imprisonment. The conviction rate of NDPS Offences in India are also quite high due to the ambitious program of the Government to eradicate the drug menace making getting bails in NDPS cases often a complicates task.

 

In this scenario, it is important to speak to a specialist NDPS Counsel. We at Lexel are specialists in the field of NDPS having won many cases for our client’s right from the grass root level at Trial Court to the Appellate Court at High Court. We have been successful in even getting acquittal from a death punishment in the year 1997 to our client. Thus it’s vital to talk with a Legal professional who knows the technicalities of NDPS law to secure your acquittal from the charges and further guarantee your release on bail. We are experts and equipped with in-depth knowledge on this subject and fully prepared to deal with this tough drug crime law.

 

In NDPS, the least charges are also very strict. Drug charges vary according to the character of offense. Hence, there are penalties for possession, sale, manufacture, distribution, transit of drugs. However, However, at Lexel, we have a long history of effectively dealing in NDPS matter by taking advantage of various technicalities of law and lacunas in the investigation process thereby securing bails for our clients in less time as well earning acquittals for them at the Trial or Appellate Court. We provide the following services in cases pertaining to NDPS:-

 

  • Anticipatory Bail
  • Regular Bail during Trial
  • Advice on taking up of Defence during Trial
  • Providing Strategy for acquittal in the Trial Court
  • Filing of Appeal before High Court in the event of conviction
  • Quashing of Charges / FIR in totality
  • Staying the recovery of fine
  • Suspension of sentence during the pendency of Appeal
  • Final arguments for acquittal before High Court

 

The quantum of punishment under the NDPS Act is based on the quantity of drugs found which may be classified into 3 categories: small, less than commercial and commercial quantity. As a result, the punishment may be as low as rigorous imprisonment for one year if the drugs found are in small quantity and as high as 20 years imprisonment for a large quantity of drugs. The amount of small and commercial quantity for some common drugs is as follows:

NAME SMALL QUANTITY COMMERCIAL QUANTITY
Cocaine 2 grams 100 grams
Codeine 10 grams 1 Kg
Ganja 1 Kg 20 Kgs
Heroin 5 grams 250 grams
Morphine 5 grams 250 grams
Poppy Straw 1 Kg 50 Kgs
Opium 25 grams 2.5 Kgs

If an individual is caught carrying more than commercial quantity then the imprisonment is minimum of 10 years which can go upto a maximum of 20 years. The Act also imposes a far stricter punishment on repeat offenders. Broadly speaking, the punishment for repeat offences can be up to one and half times the quantum of punishment for the first offence. As a result, the punishment would vary from 1.5 years of rigorous imprisonment to 30 years of rigorous imprisonment depending on the gravity of the offence.

 

We at Lexel play a significant role in setting your acquittal and getting your freedom from jail through bail.

 

Whether it is a licensed chemist or persons in transit, we have a proven track record and have dealt with various high profile matters as well intricately complicated NDPS matters successfully. Take this opportunity to get in touch with the best NDPS lawyer at Lexel to get proper legal advice for your on-going matters.

Do you need assistance of an expert criminal lawyer in your narcotic drug matter?

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