Although laws are made to eradicate the crime in the society as well as for betterment of the lives, but are all the persons booked for any kind of crime are criminals? There might be a possibility of their false implication. Correspondingly, in a situation like false allegations of any crime, a person needs to rush to a lawyer’s office in order to better protect his/her rights.
Why do you need NDPS Lawyers in Chandigarh?
WHAT WE CAN DO FOR YOU?
Unfortunately, if you got convicted in the NDPS case then we can provide you relief by filing an appeal before the Hon’ble Punjab and Haryana High Court as well as by filing an application in order to suspend the imprisonment during the pendency of an appeal before the Hon’ble Punjab and Haryana High Court. Moreover, a quashing petition can also be filed before the High Court to cancel the registered case if a person has strong evidence in his/her favor. Furthermore, being a law firm with higher moral standards, we can also bestow legal assistance if you, being an obligated citizen of the nation, want to uncover any drug peddler.
What are our areas of litigation under NDPS cases?
Why Aggarwals & Associates is preferred?
How NDPS Lawyers in Chandigarh can help you?
It is an irrefutable fact that only a lawyer can protect your rights in criminal cases. We being the best NDPS Lawyers in Chandigarh can assist you in getting regular bail as well as anticipatory. Apart from this, we can also file an application for suspension of the sentence along with an appeal before the Hon’ble Punjab and Haryana High Court. Besides this, our NDPS Lawyers in Chandigarh can file a direction petition before the High Court to conduct an impartial investigation of your case by the police officers.
Can I get anticipatory bail in a NDPS Case?
Yes, you can seek anticipatory bail if you have an apprehension of arrest in the NDPS Case. Firstly, you can apply for bail before the District Court, and if the District Court junked your plea for anticipatory bail then you can file the same before the concerned High Court. However, the concession of anticipatory bail depends on various factors such as the quantity of drugs, number of pending cases of similar nature, the role of the accused, etc.
Is alcohol is included under the NDPS Act?
No, although the illegal selling of alcohol is an offence, but it is not covered under the NDPS Act. Different states have different legislation to put a cap over the illegal selling of liquor. For instance, in Punjab, the Punjab Excise Act, 1914 prohibits the illicit manufacturing and sale of alcohol.
I have 5 grams of heroin in my possession, is it an offence under the NDPS Act?
The Narcotic Drugs and Psychotropic Substances Act restricts the manufacturing, possession and sale of narcotics and psychotropic substances. The punishment under the Act depends upon the quantity of the drug. The Act classified the amount of drugs into three categories i.e. small quantity, non-commercial quantity, and commercial quantity. Therefore, 5 grams of heroin falls under the small quantity category and constitutes an offence under the Act.
Can I get the advantage of the non-obligation of certain conditions by the police official in the NDPS Case?
Certainly, as per various judgements, an accused person can take benefit of non-compilation of conditions under the NDPS Act by the police officials. To exemplify, a police officer is required to give an offer under Section 50 to the accused before making the search. Similarly, a police officer is required to reduce the information received in writing as well as to send a copy of the same to some higher rank officer under Section 42 of the Act. If there is a violation of any of the provisions under the Act, then the advantage of the same will be given to the accused.
Can recovery from two accused persons in one case be taken collectively for prosecution?
No, the Hon’ble Supreme Court of India has ruled in the multifarious judgements that recovery from co-accused can’t be taken as a whole for the purpose of prosecution. To illustrate, if 240 grams of heroin has been recovered from one accused and 200 grams of heroin from the other, then, in that case, it can’t be taken as a whole by the prosecution to make it a commercial quantity.
On what grounds my bail can be cancelled?
The court reserves the right to cancel the granted bail to the accused person. There are some grounds on the basis of which the court can cancel the bail including the interference in the investigation, making attempts to tamper with evidence or witnesses, apprehension of fleeing away, and any misuse of liberty, etc.