Practice area

NDPS petitions in the High Court

Bail, quashing and related petitions under the NDPS Act before the High Court of Karnataka.

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NDPS matters reach the High Court mainly in bail, quashing, appeal and habeas corpus petitions. The strict procedure of the Act, and the quantity involved, shape every one of them.

What this work involves

• Bail after refusal by the Special Court, including cases governed by the twin conditions of Section 37
• Anticipatory bail, where it is available
• Petitions concerning Section 67 notices, summons and statements
• Quashing of proceedings in suitable cases
• Interim custody of vehicles
• Appeals against conviction and sentence
• Habeas corpus against preventive detention under the PIT-NDPS Act

Points that matter

The classification of quantity, compliance with Sections 42, 50 and 52A, the chain of custody and the legal effect of statements under Section 67 are the usual heart of these petitions. Detailed explainers are on the dedicated NDPS website.

Frequently asked questions

Can the High Court grant bail in a commercial-quantity NDPS case?

Yes, but only if the twin conditions of Section 37 are satisfied. The Court examines whether there are reasonable grounds to believe the accused is not guilty and is unlikely to offend while on bail.

Is a statement made to an NDPS officer admissible as a confession?

Under the Supreme Court's decision in Tofan Singh v. State of Tamil Nadu (2020), such a statement is not admissible as a confession in the trial of an NDPS offence.

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