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  • Usual time frame for a person (booked due to commercial selling of charas) to be released on bail

Hi there, 

I needed to check the usual time frame for a person, booked under 20(b) (ii) (C), 28 & 29 of the NDPS Act, 1985 (as amended) for violation of the prohibition imposed U/s 8(c) of the NDPS Act, 1985 (As amended), be released on bail. Please let me know what additional information you require. 

He (my relative and aged 23 years) has been in jail since late Feb 18 along with 5 other boys in Kolkatta. He belongs to a poor family and his father is a brick mansion who survives on daily wages. 

The accused used to ferry packets of charas to the interested parties and deposit money to the bank accounts of his boss. He was paid INR 5,000 for this service. He was misled to do this service. However, the narcotics team had raided the other person's (one among the 6 jailed) flat and 1.1 kg of charas was seized.
Asked 6 years ago in Criminal Law
Religion: Muslim

2 answers received in 10 minutes.

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6 Answers

If it's commercial quantity then it will take time till the chemical analysis report. May be 180 days.  After that if charge sheet is not filed then you will get bail

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Hello, 

Will take almost 2-3 years for him to get the bail from the court in light of the facts told by you herein above. 


Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Charge sheet filed by police or not, if not than he is entitle to default bail.

Misled by boss will not sustain as ignorance of law is no excuse but if he was not in knowledge of about whats in packet than he may be acquired. Possessing of narco product without knowledge is no offense.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

its depends upon the quantity of drugs normally within 120 t0 180 days please u share the details of FIR and where the FIR registered . there are so many option for bail but without fir i can't say any thing about bail. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Have you applied for bail and if dismissed then did you approach high court for bail.

You may get bail from high court since he is lodged in jail for more than a year and half.

Whether the charge sheet had been filed by the police before the trial court?

If so, you can apply for bail once again before high court.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client

There is no usual time frame for Bails in Any criminal case it depends on the discretion of court but probability of bail depend in the stage of trail, period of custody and Recovery from accused.

As 1.1 kg charts comes into commercial quantity the probability of getting bail is low. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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