NDPS (Narcotics) Cases
Defence in narcotics cases under the NDPS Act before Kerala's Special Courts.
Offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) carry stringent provisions, including strict conditions for bail and, for larger quantities, a reverse burden that requires the accused to explain possession once certain facts are established.
Procedural compliance at the stage of search, seizure and sampling is often central to these cases, and any lapse in following the prescribed procedure can be significant to how the matter proceeds.
Representation focused on your case
Scrutinising search, seizure and sampling procedure for compliance with the NDPS Act
Bail applications, including addressing the Act's stringent bail conditions
Representation through trial before the Special Court
Advising on quantity classification (small, intermediate or commercial) and its impact on the case
Common questions
Why is bail harder to get in NDPS cases?
For intermediate and commercial quantities, the NDPS Act imposes additional conditions before bail can be granted, beyond the usual considerations in other criminal matters.
Does the quantity of the substance matter?
Yes, significantly. The Act classifies quantities as small, intermediate or commercial, and this classification affects both the punishment and the bail provisions that apply.
What if the search or seizure procedure wasn't followed correctly?
The NDPS Act prescribes specific procedures for search, seizure and sampling. A departure from these safeguards can be a significant point in the defence of the case.
Other practice areas
Speak with Adv. Shyam Kumar MP
Available for consultations by appointment at the High Court of Kerala, Ernakulam.
Ernakulam – 682031, Kerala