AI Overview...
Section 20 B(ii) of NDPS is a Bailable Offence
- Bailability of Section 20 B(ii)(A):
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Multiple court judgments affirm that offences under Section 20(b)(ii)(A) of the NDPS Act are bailable. For instance, courts have explicitly held that the offence under this section is bailable based on legislative intent and statutory language Mathew VS State of Kerala - Crimes, ROBUL SAIKH @ KALU SAIKH VS STATE OF KERALA - Kerala, Mathew @ Raju VS State Of Kerala - Kerala, MAHEW @ RAJU vs STATE OF KERALA - Kerala, ROBUL SAIKH @ KALU SAIKH vs STATE OF KERALA - Kerala, Srikanta Debata VS State of Orissa - Orissa.
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Legal Interpretations:
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The courts have considered the language of the NDPS Act, especially Sections 20 and 37, to determine bailability. While Section 37 generally states that offences under the NDPS Act are non-bailable, specific provisions like Section 20(b)(ii)(A) are treated differently, and courts have clarified that these are bailable Mathew VS State of Kerala - Crimes, Mathew @ Raju VS State Of Kerala - Kerala, MAHEW @ RAJU vs STATE OF KERALA - Kerala.
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Case Law and Precedents:
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Courts have consistently held that offences under Section 20(b)(ii)(A) are bailable, emphasizing legislative intent to allow bail in such cases, especially when the offence involves small quantities or less serious violations ROBUL SAIKH @ KALU SAIKH VS STATE OF KERALA - Kerala, MAHEW @ RAJU vs STATE OF KERALA - Kerala.
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Exceptions and Clarifications:
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Although Section 37 declares that offences under the NDPS Act are generally non-bailable and triable by Court of Session, courts have distinguished specific offences like Section 20(b)(ii)(A) as bailable Mathew VS State of Kerala - Crimes, Dinesh VS State of Rajasthan - Rajasthan.
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Implication for Accused:
- Persons accused under Section 20(b)(ii)(A) can seek bail as a matter of right, and courts have granted bail in such cases, reinforcing the bailable nature of this offence HIRAK JYOTI DEKA vs THE STATE OF ASSAM - Gauhati.
Analysis and Conclusion
- The consistent judicial interpretation across multiple cases confirms that Section 20(b)(ii)(A) of the NDPS Act is a bailable offence. Despite the general non-bailability clause in Section 37, specific provisions under Section 20, especially subsection (ii)(A), are treated as bailable based on legislative intent and statutory language.
- Therefore, accused individuals under this section are entitled to seek bail, and courts have upheld this right in various rulings.
References: - Mathew VS State of Kerala - Crimes, ROBUL SAIKH @ KALU SAIKH VS STATE OF KERALA - Kerala, Mathew @ Raju VS State Of Kerala - Kerala, MAHEW @ RAJU vs STATE OF KERALA - Kerala, ROBUL SAIKH @ KALU SAIKH vs STATE OF KERALA - Kerala, Srikanta Debata VS State of Orissa - Orissa, HIRAK JYOTI DEKA vs THE STATE OF ASSAM - Gauhati
Search Results for "Section 20 B Ii of Ndps is a Bailable Offence"
• India - Crimes
R.BASANT
quantity—Offence is bailable one. ... (i) Narcotic Drugs and Psychotropic Substances Act, 1985—Section 20(b)(ii)(A) and 37—Offence in relation to cannabis involving small ... The learned prosecutor, on the contrary, contends that Section 37 of the NDPS Act declares all offences under the NDPS Act to be non-bailable and therefore notwithstanding the fact that Section 37(1)(b) is n....
2016 0 Supreme(Ker) 28 • India - Kerala
B.KEMAL PASHA
Section 436(1) - Indigent Person - The court held that the offence under Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic ... Issues: The crux of the matter was whether the offence under Section 20(b)(ii)(A) is bailable or not, and whether the petitioner ... Substances Act, 1985 is a bailable offence, and the petitioner, being an indigent person, should be discharged on executing a bon....
2020 0 Supreme(Raj) 634 • India - Rajasthan
PUSHPENDRA SINGH BHATI
Arms Act - Bailable Offences - Section 8/20 of NDPS Act & Section 3/25 of Arms Act - [Section 37 of the Arms Act] - The court ... Fact of the Case: The petitioners were arrested for offences under Section 8/20 of NDPS Act & Section 3/25 of Arms ... held to be non-bailable offences. ... , so as to hold the offence under the A....
2008 Supreme(Online)(KER) 50945 • India - High Court of Kerala
R.BASANT, J
Bail - Narcotic Drugs - NDPS Act Section 37, 20(b)(ii)(A) - The court held that the offense under Section 20(b)(ii)(A) is bailable ... Issues: Is the offense under Section 20(b)(ii)(A) of the NDPS Act bailable or non-bailable? ... The petitioner sought bail, arguing that the offense was bailable under Section#HL_END....
2008 0 Supreme(Ker) 113 • India - Kerala
R.BASANT
Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 20(b)(ii)(A), 37 - Whether the offence punishable ... under S.20(b)(ii)(A) of the NDPS Act is bailable or non-bailable, is the sole question that arose for consideration in this application ... alleged against him being bailable only - Application Allowed. ... Thus there can be no trace of doubt that going by the language employed in the body of Section....
2001 0 Supreme(Cal) 752 • India - Calcutta
MALAY KUMAR BASU
NDPS ACT - SECTION 20, 37, 41 - BAIL - GRANT OF BAIL IN CASE OF OFFENCES PUNISHABLE WITH IMPRISONMENT FOR LESS THAN TEN YEARS ... The court interpreted section 41 of the amended NDPS Act to mean that all pending cases, including bail petitions, should be disposed ... - APPLICABILITY OF AMENDED PROVISIONS OF THE ACT TO PENDING CASES - INTERPRETATION OF SECTION 41 OF THE AMENDED ACT. ... It has been argued on his behalf that the offence under #HL_START....
2016 Supreme(Online)(KER) 24421 • India - High Court of Kerala
B.KEMAL PASHA, J
Issues: Whether the offence under Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act is bailable and ... Act Section 20(b)(ii)(A), Section 37 - The court established that the offence under Section 20(b)(ii)(A) of the N.D.P.S. ... Ratio Decidendi: The court concluded that the offence was bailable following legislative intent and preceden....
1995 0 Supreme(Guj) 180 • India - Gujarat
D.G.KARIA
... Section 37 of the said Act provided that every offence under NDPS ... cases; (b)non-bailable ones; (c)triable by Court of Session. ... Thus, by virtue of Sec. 37 of the NDPS Act, the offence punishable under Sec. 20 of the NDPS Act was exclusively triable by the Court ... Section 37 of the said Act provided that every offence under NDPS Act shall be cognizable and that the offences#H....
• India - Gauhati High Court - Principal Seat at Guwahati
Abdullah, the offence under Section 20(b) of the NDPS Act is a bailable offence. Mr. N.J. ... 108/2019 under Section 20(b) of the NDPS Act. ... That the petitioner shall not commit any offence similar to the offence, the commission of which he is accused or suspected. ... By this application under section 439 of the Cr.P.C., the petitioner namely, Sri Hirak Jyoti Deka has praye....
2016 0 Supreme(Ori) 1054 • India - Orissa
S.PUJAHARI
CRIMINAL PROCEDURE CODE, 1973 - Sec. 439 - Offence u/s. 20 (b) (ii) (C) of N.D.P.S. ... mentioned in the section, the Court must give an opportunity to the Public Prosecutor to object the prayer for bail and if he objects ... alleged and not likely to commit any offence if allowed to go on bail - Any offence has been held by the Apex Court to be an offence ... The granting of bail in the case of a non-bailable offence is a concession allowed to an ac....
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