NDPS/NCB Lawyer in Delhi / India

The Narcotics Drugs and Psychotropic Substances Act, 1985 has been enacted to implement stringent laws to prohibit the production, manufacturing, cultivation, possession, sale, transportation, purchasing and consuming any Narcotic Drugs and Psychotropic Substances within the territory of India.

The Act distinguishes between the small quantity and commercial quantity of drugs and psychotropic substances. The Table under Section 2 (viia) and (xxiiia) of the Act lists out the details of small quantity and commercial quantity of more than 238 types of drugs and psychotropic substances which are prohibited under the Act.

The NDPS Act is a special Act which lays down a different procedure for cases which are registered under this Act. The Narcotics Control Bureau (NCB) is a special police force which has been instituted to handle all cases which fall within the Act. A Sessions Court in every District Court is empowered with the responsibility of dealing with all cases under the NDPS Act, making it a special court, which implies that only the Special Court of Sessions has the first jurisdiction to deal with all cases under the NDPS Act.

In NDPS cases, the trial is divided into two main parts. The first part being the institution of the case wherein the NCB plays the major role starting from receiving the first information to filing the final report to the Special Court/Sessions Court. The NCB has the power and duty to investigate the case from receiving the first information to arresting the accused and co-accused, seizing the drugs/substances and preparing the Police Report/Complaint to file before the Special Court of Sessions Judge. The procedure for conducting pre-trial investigation is categorically mentioned in the NDPS Act and any default of part of the prosecution/NCB can fall in favor of the accused at the time of bail and discharging/acquittal of the accused from the case.

The NCB is under mandate to prepare the police report/complaint within 180 days (or any period extended by the court) for offences involving Section 19, 24, 27A or for offences involving commercial quantity and 60 days in other cases. The submission/filing of the police report/complaint before the Sessions Court marks the beginning of the trial before the Court which is the Second Part.

It is pertinent to note that when the accused has information that a case under NDPS Act has been registered against him/her, the accused has the legal remedy to approach the Special Court of Sessions, in the jurisdiction where the case is pending, and apply for anticipatory bail before arrest. If the Sessions Court is not inclined to grant anticipatory bail then the accused can approach the High Court and thereafter the Supreme Court and file appeal of anticipatory bail application on behalf of the accused.

On the contrary, if the accused has been arrested by the NCB and is in police custody/judicial custody then the accused has the legal remedy to approach the Special Court of Sessions, in the jurisdiction where the case is pending, and apply for regular bail. If the Sessions Court is not inclined to grant regular bail then the accused can approach the High Court and thereafter the Supreme Court and file appeal of regular bail application on behalf of the accused. We practice NCPS law before various courts across Delhi and our firm is considered as best NDPS lawyer in Delhi and best NCB lawyer in Delhi.

It is important to note that the embargo under section 37 of the NDPS Act, makes it difficult for the accused to get bail under the Act but if the accused has sufficient evidence and is prima facie innocent then the bail can also be granted by the Sessions Court itself.

Embargo of section 37 does not apply of the quantity recovered in not of commercial quantity. Government of India has notified a table as per the same, recovered quantity is decided whether it falls under commercial quantity or small quantity.

Notification Specifying Small Quantity and Commercial Quantity