Drugs case: No bail plea jurisdiction in NDPS offences with punishment of over 3 years, says magistrate court
The Hindu
In the 15-page order, the ACMM said "this court ceases its jurisdiction to entertain the applications for bail"
A magistrate's court has no jurisdiction to entertain a bail application for an offence with prescribed punishment of more than three years under the Narcotic Drugs and Psychotropic Substances (NDPS) Act as it is triable by a special court, as per the order by which the bail plea of Aryan Khan and two others, held in the cruise ship drugs case, were rejected.
Additional Chief Metropolitan Magistrate(ACMM) R.M. Nerlikar had rejected their bail pleas on Friday.
In the 15-page order, the details of which were made available on Saturday, the ACMM said "this court ceases its jurisdiction to entertain the applications for bail" considering section 36A and the fact that all three were held for one crime under various provisions of the NDPS Act for which the prescribed punishment was more than three years.