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Mar 11, 2022
5 things you didn’t know about getting bail for drug-related crimes
The Bombay High Court has granted bail to Rhea Chakraborty, who was arrested on the 8th of September for drug-related crimes. In its order, the Court stated that the actress is not part of a chain of drug dealers, and has not forwarded drugs to other people in order to get monetary or other benefits.
- Which law regulates bail for drug-related crimes?
In India, narcotic drugs like charas (hemp), ganja, opium etc., and psychotropic substances, are regulated by the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Act punishes the manufacture, possession, sale and use of these drugs.
- Punishment for drug-related offences
Punishments under the NDPS Act are based on what drug is involved and the quantity of the drug (these quantities are specified in the law). A commercial quantity is the largest quantity of a drug for which the punishment will be the most severe. For example, the punishment for being found with a small quantity of cocaine (2 gms) is imprisonment for up to one year, but the punishment for having a commercial quantity of cocaine (100 gms) is imprisonment of 10 to 20 years and a fine of Rs. 1-2 lakh.
- Getting bail for drug-related offences
Section 37 of the NDPS Act says that drug-related offences are cognizable and non-bailable. In its order, the High Court stated that all offences under the NDPS Act are non-bailable. This means that if you have been arrested under this Act, you can only get bail if you apply for it in court and it is granted by the court. Further, the court imposes strict conditions before granting bail for a drug-related offence, especially if you are accused of an offence that involves commercial quantities of a drug.
- Conditions for getting bail for a drug-related crime
If you apply for bail under the NDPS Act, the court will first give the government lawyer an opportunity to oppose your application.
If the government lawyer opposes your bail application, the court will consider several facts and conditions before deciding if you can get bail. In order to grant bail for a drug-related crime, the court should be satisfied about two conditions:
- i) The court should be convinced that there is a reasonable chance that you did not commit the crime. The court will look into the facts of the case and consider the probability of whether you have actually committed the crime.
- ii) The court also needs to be sure that you will not commit any other crime if you are released on bail.
- The Bombay High Court’s bail conditions
The Court granted bail to Rhea Chakraborty and permitted her release, but also attached several conditions to the same. The Court stated that she should not interfere with the evidence or investigation of the case.
The actress has to deposit her passport with the investigating agency, and cannot leave the country without getting permission from the court. She also has to inform the Investigating Officer before travelling out of Mumbai. Rhea will have to report to the investigating agency office every month, and attend all required court proceedings.