NDPS Case में Recovery Quantity का क्या मतलब होता है? क्या Recovery Bail लेने में बाधा डालती है?
Автор: BAIL LAWS (Adv. Virender Verma)
Загружено: 2023-08-05
Просмотров: 655
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*Narcotic Drugs and Psychotropic Substances
What is NDPS Act.
Narcotic Drugs and Psychotropic Substances Act, 1985
The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits a person the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.
What is Bail?
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
What is Anticipatory Bail?
Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. Law Commission of India in its 41st report recommended to incorporate this provision in procedure code.
What Is Interim Bail
Interim bail is a temporary bail for a period in which higher court can call documents required to make a final decision on the bail application in which court can either grant permanent bail, extent interim bail or even can reject bail application.
When an application for the grant of bail is filed before a Court like Supreme Court or High Court, it requires documents from lower Courts or investigation agency like charge sheet, certified copies of documents, case diary etc to take decision. But the process to get these documents require time and the accused or convict has to remain in jail till the court gets hold of these documents and can decide on the bail plea. But accused or convict can apply for an interim bail to avoid jail for such period till higher court gets required documents from the lower court or investigating agency.
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