NDPS Matters

Cases under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) are among the most serious criminal cases in India. The law is very strict. Even getting bail in an NDPS case is very difficult because there is a special provision in the law (Section 37 NDPS Act) that makes it harder to get bail compared to normal cases.

Advocate Arvind Kumar has experience in handling NDPS bail applications and NDPS defence cases. He knows the exact legal provisions needed to argue successfully in court for bail in drug-related cases.

Why NDPS Cases Are Different

In most criminal cases, bail is easier to get. But in NDPS cases, the court can only grant bail if it is satisfied that the accused is not guilty AND that the accused will not commit any similar offence while on bail. This is called the ‘twin test’ under Section 37 of the NDPS Act. It requires a much stronger bail argument.

Situations We Handle

  • NDPS bail applications in Sessions Court, Patna High Court, and Supreme Court
  • Cases where small quantity of drugs was recovered (less serious offence)
  • Cases where the accused was falsely planted with drugs by police
  • Cases where proper procedure was not followed during recovery and seizure
  • Challenges to laboratory reports and quantity calculation
  • NDPS defence at trial stage

Key Defence Arguments in NDPS Cases

  • Recovery was not done in front of witnesses as required by law (Section 50 NDPS)
  • Seal was broken or tampered before the lab test
  • The accused was not the owner of the recovered substance
  • Quantity was small and falls under less serious category
  • False implication by police or informer

If someone in your family is arrested in an NDPS case, contact us immediately. The first 24-48 hours are very important in such cases.

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