NDPS Cases
Bail, trial and appeals under the narcotics law.
What is NDPS cases practice?
NDPS cases are prosecutions under the Narcotic Drugs and Psychotropic Substances Act, 1985, where punishment and bail depend on whether the quantity seized is small, intermediate or commercial. Atreya Legal handles bail, challenges to search, seizure and sampling, trial before Special Courts, and appeals.
- Practice group
- Criminal law
- Principal statute
- Narcotic Drugs and Psychotropic Substances Act, 1985
- Heard before
- Special Courts under the NDPS Act, High Courts, Supreme Court of India
- Advocate
- Adv. Bhawani Shanker Atrey
What the practice covers
Bail under Section 37
Bail in commercial quantity cases, where the court must apply the two statutory conditions.
Default bail
Applications where the charge sheet is not filed within the period allowed by Section 36A(4).
Search and seizure challenges
Compliance with Sections 42, 50 and 52A on recording information, personal search and sampling.
Trial defence
Cross-examination on recovery, chain of custody and forensic reports before the Special Court.
Release of vehicles and property
Interim custody of seized vehicles and challenges to forfeiture.
Appeals and suspension of sentence
Appeals against conviction before the High Court.
Statutes and courts
Governing statutes
- Narcotic Drugs and Psychotropic Substances Act, 1985
- Bharatiya Nagarik Suraksha Sanhita, 2023
- Bharatiya Sakshya Adhiniyam, 2023
Courts and authorities
- Special Courts under the NDPS Act
- High Courts
- Supreme Court of India
Common questions on NDPS matters
What is a commercial quantity under the NDPS Act?
The Central Government notifies a small and a commercial quantity for each substance. For ganja the small quantity is 1 kg and the commercial quantity 20 kg. For heroin they are 5 grams and 250 grams, and for charas 100 grams and 1 kg.
Is a statement made to an NDPS officer a valid confession?
No. In Tofan Singh v. State of Tamil Nadu (2020) the Supreme Court held that officers under the NDPS Act are police officers, so a confessional statement recorded under Section 67 cannot be used as a confession against the accused.
Related practices
Discuss a NDPS matter with the firm.
Write or call with a short account of the facts and the papers you hold. The firm will tell you whether it can act and what the first step is.