The Mandatory Safeguard of Section 50 (Right to be Searched)The Mandatory Safeguard of Section 50 (Right to be Searched)
RVK Law Associates: Best Law Firm in Hyderabad for Drug Law Defence and Liberty
The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, imposes arguably the most stringent conditions for bail in India, especially for offences involving a Commercial Quantity of contraband. Under Section 37, the normal principle of “Bail is the Rule, Jail is the Exception” is reversed. Securing liberty requires the exceptional expertise of a Top Criminal Lawyer in Hyderabad capable of satisfying the court’s strict “Twin Test.”
Governing Law and Bail Requirements
Section 37 CrPC drastically limits the court’s power to grant bail in serious NDPS cases:
Twin Test: The court must be satisfied of two conditions in addition to the usual bail factors:
There are reasonable grounds for believing that the accused is not guilty of such offence.
The accused is not likely to commit any offence while on bail.
Commercial Quantity: Offences involving a quantity above the threshold notified by the government for a specific substance automatically attract the rigour of Section 37, making the risk of a long, minimum 10-year sentence real and immediate.
Reverse Burden of Proof: For the purpose of bail, the practical burden is shifted to the accused to show prima facie innocence, often by pointing out fatal flaws in the prosecution’s case.
RVK Law Associates: Strategic Legal Intervention
Our Best Lawyers in Hyderabad focus on dismantling the prosecution’s case at the bail stage:
Challenging the ‘Reasonable Grounds’: We focus the bail argument on proving that the prosecution’s case is weak or tenuous due to gross procedural lapses (e.g., non-compliance with Sections 42 or 50) or insufficient evidence (e.g., lack of independent witnesses).
Disputing Possession: We argue the absence of “conscious possession”—demonstrating that the accused was merely a driver, passenger, or employee unaware of the contents of a package.
Quantifying the Substance: We challenge the prosecution’s claim on the quantity, often by arguing that the total weight includes neutral material and that the actual pure drug content should be considered, potentially bringing the case down to the “Intermediate” or “Small” quantity bracket, thereby lifting the Section 37 bar.
Proving Stability: We provide strong documentary evidence (family ties, permanent residence, employment records) to satisfy the court that the accused is not a flight risk and is “not likely to commit any offence while on bail.”
Conclusion
NDPS cases demand immediate and hyper-specialized legal intervention. RVK Law Associates offers the most robust Legal Services in Hyderabad dedicated to breaking the stringent legal barriers of Section 37 and securing the liberty of our clients.
