Aryan Khan drugs case: Why it is difficult to get bail under NDPS Act
India Today
Drugs-related cases are dealt under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The law makes cultivation, consumption, abating consumption, sale or transaction of narcotic drugs and psychotropic substances listed under the NDPS Act as crime.
Bail is a rule, jail is an exception. This legal doctrine was laid down by the Supreme Court in 1970s enforcing the right to life and liberty guaranteed by Article 21 of the Constitution. Section 439 of the Code of Criminal Procedure (CrPC) accordingly grants courts power to grant bail to a person accused of committing a crime. However, in a drugs case, the rule seems to get reversed in law.
Drugs-related cases are dealt under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The law makes cultivation, consumption, abating consumption, sale or transaction of narcotic drugs and psychotropic substances listed under the NDPS Act as crime.