AI Overview...
Parity Cannot Be Claimed in NDPS Cases
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Legal Principles Against Parity
Courts consistently hold that the principle of parity does not apply in NDPS cases, especially when statutory provisions like Section 37 of the NDPS Act are involved. This is because the Act mandates strict conditions for bail, particularly in cases involving commercial quantities or serious offenses, which cannot be overridden by parity considerations. For example, in Raju Ambadas Shinde vs The State Of Maharashtra - Bombay, the court explicitly states that parity cannot be claimed in such cases due to the severity of the offense and statutory restrictions. -
Impact of Section 37 of the NDPS Act
Section 37 sets stringent criteria for granting bail, especially for offenses involving commercial quantities or grave offenses. Once the rigors of Section 37 are applicable, parity with co-accused or previous cases cannot be used as a basis for bail, as emphasized in Shashank Bisht vs State of Himachal Pradesh - Himachal Pradesh and Prashant Mandal VS State Of Chhattisgarh - Chhattisgarh. The law prioritizes controlling drug offenses over parity claims, and the presence of commercial quantities or serious charges outweighs arguments based on co-accused or prior cases. -
Innocence and Quantity of Contraband
Courts recognize the presumption of innocence until proven guilty, but also consider the quantity of contraband. Cases with non-commercial quantities or insufficient evidence tend to favor bail, but even then, the application of the NDPS Act's strict provisions limits parity claims. For instance, in Kavir vs State of Himachal Pradesh - Himachal Pradesh and Raj Singh vs State of H.P. - Himachal Pradesh, the courts highlight that innocence claims and small quantities do not automatically entitle the accused to bail if statutory conditions are not met. -
Case Law and Precedents
Multiple judgments reinforce that parity cannot be claimed in NDPS cases, especially where statutory provisions like Section 37 are invoked. The courts have consistently held that the severity of the offense, quantity involved, and statutory restrictions take precedence over parity or previous case outcomes. For example, In The Matter Of: Madan Lama VS Narcotics Control Bureau - Delhi and Anis @ Dupettewala vs State (Govt. of NCT, Delhi) - Delhi emphasize that prior convictions or acquittals do not entitle an accused to bail based solely on parity, particularly in serious drug offenses.
Analysis and Conclusion
The overarching legal stance, supported by various court rulings, is that parity cannot be claimed in NDPS cases due to the mandatory and stringent provisions of the NDPS Act, notably Section 37. While innocence and the quantity of contraband are considered, they do not override statutory restrictions, especially in cases involving commercial quantities or serious offenses. Therefore, claims of parity are generally rejected in NDPS cases, emphasizing the law's focus on controlling drug trafficking and related crimes over individual parity considerations.
References:
- Shashank Bisht vs State of Himachal Pradesh - Himachal Pradesh
- RAIMOHAN MANGARAJ @ TIPU vs STATE OF ODISHA - Orissa
- Raju Ambadas Shinde vs The State Of Maharashtra - Bombay
- Kavir vs State of Himachal Pradesh - Himachal Pradesh
- Anis @ Dupettewala vs State (Govt. of NCT, Delhi) - Delhi
- In The Matter Of: Madan Lama VS Narcotics Control Bureau - Delhi
- Prashant Mandal VS State Of Chhattisgarh - Chhattisgarh
- Raj Singh vs State of H.P. - Himachal Pradesh
Search Results for "Parity Cannot be Claimed in Ndps Cases"
2025 Supreme(Online)(HP) 3624 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
The court noted the claim of innocence by the applicant and the lack of other registered cases against him. ... applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning FIR No.17 of 2025, registered under the NDPS ... noted that the contraband recovered did not meet the definition of commercial quantity, therefore, the rigors of Section 37 of the NDPS ... Once, it has been held that rigors of Section 37 of the NDPS Act are not applicable, then, the next question, which arises for determinat....
• India - Orissa High Court
be taken into consideration and also in view of the bar under section 37 of the NDPS Act parity cannot be claimed in cases of this nature. ... Hence he seeks release of the petitioner inter alia over the role of the petitioner won9t be known hence the plea of innocence as advanced cannot ... Case No.152 of 2022, offence under Sections 20(b)(ii)(C)/29 of the NDPS Act and in p style="position:absolute;white-space:pre
• India - Bombay High Court - Bench at Aurangabad
S.G. MEHARE, J
... ... Issues: The core issue revolved around compliance with NDPS provisions and the principle of parity for bail. ... (Paras 1-4) ... ... (B) Legal Principles - The law of parity applicable for bail applications - ... (A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 20(b)(ii)(c), 29, 42 and 50 - Applications for bail filed ... Hence, the applicants cannot claim parity. The Offence is grave. 11. In view of the above discussion, the Court is of the view tha....
2025 Supreme(Online)(HP) 6002 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
(B) Bail - Consideration for grant - Presumption of innocence remains until proven guilty - Pre-trial punishment prohibited - Parity ... detention was unwarranted given the lack of commercial quantity and the presumption of innocence, alongside the consideration of parity ... The applicant is permanent resident of District Kangra, as such, it cannot be apprehended that in case, he is ordered to be released on bail, he may not be available for the trial. ... Moreover, the application cannot be rejected as a matter of puni....
• India - Delhi High Court
TALWANT SINGH
He claimed his involvement was less serious. ... ... ... Issues: The court addressed the applicant's entitlement to bail against the backdrop of parity with co-accused who were on ... Earlier bail application dismissed on grounds of multiple charges and severity of involvement - Court highlighted the principles of parity ... An accused cannot be detained for ever during trial only on the ground that in past he was convicted or acquitted in some cases. 5.5. ... He is a habitual criminal, having four p....
2021 0 Supreme(Del) 483 • India - Delhi
SUBRAMONIUM PRASAD
It is also to be noted that the petitioner has indulged in offences under the NDPS Act and the same cannot be equated with the offences ... Furthermore, if the petitioner is released on bail, it cannot be ruled out that he will not indulge in such activities again. ... Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 20(b) and 29 – Criminal Procedure Code ... Petitioner has claimed that prior to search and seizure proceedings, he was not served with Notice under Section 50 of the #HL_S....
2020 0 Supreme(Chh) 406 • India - Chhattisgarh
SANJAY K.AGRAWAL
before granting bail in cases involving commercial quantity of narcotic drugs, and the principle of parity could not override these ... Act, based on the principle of parity with a co-accused who had been granted bail. ... Act were not satisfied, and the principle of parity could not override the mandatory provisions of the Act. ... State of Punjab, (2018) 13 SCC 813 by holding that in cases covered under Section 37(1)(b) of the NDPS Act, dehors it, bail cannot be gra....
2025 Supreme(Online)(HP) 7353 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Virender Singh, J
the Bharatiya Nagarik Suraksha Sanhita, 2023 - The applicant claimed innocence and argued against the applicability of Section 37 ... (A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 25, 27A & 29 - Bail application filed under Section 483 of ... due to insufficient quantity of alleged contraband - The court highlighted that no prior cases against the applicant justified bail's ... As such, on the ground of parity also, the applicant is entitled for the relief, as claimed, in the a....
2025 0 Supreme(HP) 1092 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
to the crime; criminal antecedents indicate likelihood of re-offending; no substantive proof of trial delays; petition for bail cannot ... State and other relevant cases - Court found sufficient prima facie evidence against petitioner and potential for repeat offenses ... (A) Narcotic Drugs and Psychotropic Substances Act - Section 21 - Regular bail - Petitioner arrested for possession of 120 grams ... The registration of cases under the NDPS Act prima facie supports the submission of Mr Tarun Pathak, l....
2006 0 Supreme(Raj) 158 • India - Rajasthan
H.R.PANWAR
The appellant denied the charge and claimed to be tried. ... The court also emphasized that the percentage of purity of diacetylmorphine is immaterial for invoking the provisions of the Act. ... emphasized that the presence of diacetylmorphine in the contraband establishes it as an opium derivative, and the percentage of purity ... The appellant was charged with the aforesaid offence, to which he denied the charge and claimed to be tried. The prosecution adduced evidence by producing as many as 14 witnesses and the docum....
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