Скачать или смотреть Section 27A NDPS Regular Bail HighCourt Chandigarh

Regular bail for an offense under Section 27A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act is subject to the stringent, mandatory twin conditions specified in Section 37 of the Act. This makes securing bail significantly more difficult than for ordinary offenses. [1, 2]
Understanding Section 27A and Bail Section 27A of the NDPS Act addresses financing illicit drug trafficking or harboring offenders, carrying a penalty of at least ten years' rigorous imprisonment and a substantial fine. Offenses under this section are non-bailable and fall under the strict rules of Section 37. [1, 3, 4]
The Strict Conditions for Bail (Section 37) When bail is opposed in a Section 27A case, Section 37 requires the court to be satisfied of two conditions before granting bail:

1. There must be "reasonable grounds for believing that he is not guilty of such offence".
2. The court must be satisfied that the accused is "not likely to commit any offence while on bail".These "twin conditions" are mandatory, and without satisfying them, bail is generally not granted. [5, 7]

Key Legal Arguments for Regular Bail Despite the strictness, bail can be sought by arguing against the prosecution's case. Arguments may include pointing to a lack of evidence linking the accused to financing or harboring activities. Courts have suggested that "financing illicit traffic" implies continuous involvement, not just a single transaction. Statements made by a co-accused to the police are often inadmissible, and if the case relies primarily on such statements without other evidence, it can be a basis for bail. Concerns have also been raised by courts about the potential misuse of Section 27A by police to trigger the Section 37 conditions without concrete evidence. [1, 4, 8, 9, 10]
Important Considerations Anticipatory bail is generally not granted in serious NDPS cases like those under Section 27A. The burden of proof at the bail stage effectively shifts to the accused to demonstrate their innocence, which differs from the usual presumption of innocence. Successfully navigating a Section 27A bail application requires experienced legal representation to challenge the evidence and argue against the Section 37 restrictions. [1, 2, 5, 11]

AI responses may include mistakes.

[1] https://supremetoday.ai/issue/Dischar...
[2] https://sdcsupremecourtlawyers.com/su...
[3] https://indiankanoon.org/doc/935721/
[4] https://www.tribuneindia.com/news/amr...
[5] https://24law.in/story/bail-granted-u...
[6] https://www.advocateinchandigarh.com/...
[7] https://www.livelaw.in/high-court/him...
[8] https://www.livelaw.in/high-court/pun...
[9] https://indiankanoon.org/search/?form...
[10] https://www.livelaw.in/high-court/mad...
[11]    • Anticipatory Bail Is Never Granted In NDPS...