2 Answers
Dear Client,
To get your nephew out of jail under the NDPS Act of 1985, you have to dispute the evidence on which the charges are based. In Indian law, the Supreme Court case of Tofan Singh vs. State of Tamil Nadu holds that under normal circumstances, a confession made by the co-accused will not be accepted in court. Further, the Call Detail Records on their own are unlikely to provide adequate proof unless they show evidence of illegal conversations or the actual recovery of illegal drugs. Your nephew has a valid drug stockist license, so many of the calls he has made might be legitimate business-related calls. You must hire an expert criminal lawyer and file a bail application under Section 483 of the BNSS, 2023 at once. The application should state the fact that no drugs have been recovered from his premises, that he is an honest businessman, and that there has been a period of five months’ delay since the arrest took place and that no prior notice has been served. Even though things are strict when it comes to bail applications under Section 37 of the NDPS Act, the absence of direct recovery and the prosecution’s reliance solely on a co-accused’s statement may strongly support his application for bail.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you
Dear Sir,
Your nephew was arrested after:
Almost 6 months delay
No notice under 41A CrPC
No summons issued
No reason for sudden midnight arrest
Such delay shows false implication and non-application of mind.
Courts give bail when arrest is delayed without justification.