Advocate Sushila
BAIL UNDER NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 TO BE GRANTED BY THE COURT OF SESSIONS
Advocate Sushila Ram 10 Oct 2021

BAIL UNDER NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 TO BE GRANTED BY THE COURT OF SESSIONS


Recently, the Narcotic Drugs and Psychotropic Substances Act, 1985 (the ‘#NDPS Act’) has been in the news and under much discussion due to some #highprofile #arrests for possession of #contraband #drugs.


The NDPS Act prohibits any individual from engaging in any activity consisting of production, cultivation, sale, purchase, transport, storage, and/or consumption of any narcotic drug or psychotropic substance. The provisions regulate and prohibit the operations and usage relating to narcotics drugs and psychotropic substances. It lays down that no person shall produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import, inter-State, export-inter-State, import into India, export from India or trans-ship any narcotic drug or psychotropic substance, except for medical or scientific purpose and to the extent provided by the provisions of the NDPS Act.


The Act further provides punishment for several offences under Sections 15–32 (Offences and Penalties). Moreover, bail under the NDPS Act cannot be given to accused that are charged under Sections 19, 24 or 27A and offences relating to commercial quantities of drugs under Section 37 of the NDPS Act.

On 03-10-2021, the Bollywood superstar Shah Rukh Khan's son Aryan Khan along with 7 other co-accused were arrested in relation to possession of prohibited drugs on a cruise ship off the Mumbai coast by the Narcotics Control Bureau (‘NCB’), which is the nodal agency on the matter relating to drug law enforcement in India. The NCB detained the 8 Accused including Aryan Khan in a raid on the Cordelia Cruise Ship and charged the said Accused for committing offences under the provisions of the NDPS Act. They have been charged under Section 8 (Prohibition of certain operations) read with Section 20b (Punishment for contravention in relation to cannabis plant and cannabis), Section 27 (Punishment for consumption of any narcotic drug or psychotropic substance), Section 28 (Punishment for attempts to commit offences), Section 29 (Punishment for abetment and criminal conspiracy) and Section 35 (Presumption of culpable mental state) of the NDPS Act.

In this case, a total of 8 persons were arrested for possession of cocaine, MD (Mephedrone), Charas, MDMA (Ecstasy) and a large sum of money at the International Cruise Terminal, Mumbai. Under the NDPS Act, it is presumed that once an article is found in possession of an accused, he was in conscious possession of the article. However, the term possession carries different meanings in different contexts and circumstances therefore the same has to be decided with reference to the statutes applicable to the case.

On 04-10-2021, the said persons arrested in relation to the Cordelia Cruise Ship drug case were presented before the Magistrate Court, Mumbai. The Mumbai Court ordered and remanded the Accused in NCB Custody for detailed investigation till 07-10-2021.


To read more, please visit the link below:


https://theindianlawyer.in/bail-under-narcotic-drugs-and-psychotropic-substances-act-1985-to-be-granted-by-the-court-of-sessions/


#bail #drugs #court #arrests #aryankhan

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