Questions and answers on law(Part 63)

Q 1:-   Whether the benefit of probation of offender act can be extended to the accused against whom charges are proved under the provision of the NDPS Act?

Ans:- S.33 of NDPS Act Application of Section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958.—Nothing contained in Section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) or in the Probation of Offenders Act, 1958 (20 of 1958) shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under Section 26 or Section 27.

Q 2:- Whether bail can be granted in case the accused is found in possession of commercial quantity of drug?

Ans:- [37. Offences to be cognizable and non-bailable.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—

(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for 58[offences under Section 19 or Section 24 or Section 27-A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless—

(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and

(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force on granting of bail]

Q 3:- Whether there is any bar to grant bail under the NDPS Act? Whether bar created under section 37 of the NDPS Act is absolute?

Ans:- As per S 37 of NDPS Act,the court should not release accused on bail in offence under NDPS Act unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

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