AI Overview...
- Section 20(b)(ii)(A) Offence - Bailability
Multiple judicial decisions consistently hold that the offence under Section 20(b)(ii)(A) of the NDPS Act is bailable. Courts have emphasized that this section pertains to possession of small quantities of narcotics or psychotropic substances, which are considered less severe and thus qualify for bail. - For instance, the Kerala High Court in ROBUL SAIKH @ KALU SAIKH vs STATE OF KERALA - Kerala and other courts have explicitly ruled that offences under Section 20(b)(ii)(A) are bailable (ROBUL SAIKH @ KALU SAIKH VS STATE OF KERALA - Kerala, Robul Saikh alias Kalu Saikh VS State of Kerala - Kerala, Mathew @ Raju VS State Of Kerala - Kerala, Mathew VS State of Kerala - Crimes, MAHEW @ RAJU vs STATE OF KERALA - Kerala, Minnie Khadim Ali Kuhn VS State NCT Of Delhi - Delhi).
- The courts have also distinguished these offences from more serious or non-bailable offences under the NDPS Act, especially when dealing with small quantities or minor violations.
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Section 37 of the NDPS Act, which deals with the punishment for offences, does not automatically render offences under Section 20(b)(ii)(A) non-bailable, especially when the offence involves small quantities or is considered less grave.
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Legal Principles and Insights
- The general legal stance is that offences under Section 20(b)(ii)(A) are bailable unless explicitly classified as non-bailable by specific provisions or circumstances involving larger quantities or aggravated factors (ROBUL SAIKH @ KALU SAIKH VS STATE OF KERALA - Kerala, Dinesh VS State of Rajasthan - Rajasthan, Minnie Khadim Ali Kuhn VS State NCT Of Delhi - Delhi).
- The interpretation aligns with the principles of criminal law that minor offences or those involving small quantities should be bailable to prevent undue hardship on accused persons.
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The courts have also clarified that the classification as bailable or non-bailable depends on the nature and quantity involved, with small quantities favoring bail (Mathew VS State of Kerala - Crimes, Minnie Khadim Ali Kuhn VS State NCT Of Delhi - Delhi).
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Analysis and Conclusion
- Based on the judicial precedents, the offence under Section 20(b)(ii)(A) of the NDPS Act is generally bailable.
- The key factor is the quantity involved and the nature of the offence; small quantity offences tend to be treated as bailable.
- Therefore, accused persons charged under this section are typically entitled to bail, and the offence is not inherently non-bailable under the NDPS Act.
References:
- ROBUL SAIKH @ KALU SAIKH vs STATE OF KERALA - Kerala
- ROBUL SAIKH @ KALU SAIKH VS STATE OF KERALA - Kerala
- Robul Saikh alias Kalu Saikh VS State of Kerala - Kerala
- Mathew @ Raju VS State Of Kerala - Kerala
- Mathew VS State of Kerala - Crimes
- MAHEW @ RAJU vs STATE OF KERALA - Kerala
- Minnie Khadim Ali Kuhn VS State NCT Of Delhi - Delhi
Search Results for "Whether the Offence under Section 20 B Ii of Ndps Act is a Bailable Offence"
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. ... Act is bailable, allowing the accused to be treated as ....
2016 0 Supreme(Ker) 28 • India - Kerala
B.KEMAL PASHA
Issues: The crux of the matter was whether the offence under Section 20(b)(ii)(A) is bailable or not, and whether the petitioner ... Section 436(1) - Indigent Person - The court held that the offence under Section 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic ... Substances Act, 1985 is a bailable offence, and the petitioner, being an in....
2016 0 Supreme(Ker) 55 • India - Kerala
B.KEMAL PASHA
Act are non bailable, especially when it has been clarified in Section that every offence punishable under that Act is cognizable ... law as per Code of Criminal Procedure, to decide as to whether an offence under N.D.P.S. ... noted that said offence is necessarily a bailable one ... The crux of the matter is whether the offence under Section 20(b)(ii)(A) is a ....
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 ... looked into, the conclusion cannot be different - It follows that the petitioner is entitled for bail under S.436 Cr.P.C itself, the ....
• India - Crimes
R.BASANT
(i) Narcotic Drugs and Psychotropic Substances Act, 1985—Section 20(b)(ii)(A) and 37—Offence in relation to cannabis involving small ... quantity—Offence is bailable one. ... The stipulation in the schedule to the Cr.P.C is not seen modified by any specific provisions of Section 37. The body of Section 37 is silent as to whether an offence under the Narcotic Drugs and Psychotropic Substa....
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#HL....
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 ... The legal issue raised was whether the offences under the Arms Act were bailable by virtue of Section 37 of the Act. ... Fact of the Case: The petitioners were ....
1992 0 Supreme(MP) 555 • India - Madhya Pradesh
T.N.SINGH, S.K.DUBEY, R.C.LAHOTI
Prosecution for offence U/S 18 - Effect of noncompliance of section 50 - Circumstances ... arrested in Connection with an offence under section 18 thereof is accepted and the Court reaches the conclussion that its jurisdiction ... (i) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 18 & ( 20 ) ACCORDING to S. 52 of NDPS Act when arrest is made by an authorised officer of a person under S. 41 or 42 o....
2003 0 Supreme(Mad) 1828 • India - Madras
J.M.JAMES, K.A.ABDUL GAFOOR
basis of weight of such solution-offence whether bailable or non-bailable depends upon the quality possessed. ... Narcotic Drugs and Psychotropic Substances Act, 1985-Sections 2(xx), 2 (xxii), 20, 36-A and Item No. 92 of Schedule-Buprenorphine ... a psychotropic substance dissolved in water and solution became psychotropic substance-Determination of offences to be done on the ... When it is a non-bailable #HL_START....
2012 0 Supreme(Del) 1303 • India - Delhi
S.RAVINDRA BHAT, S.P.GARG
The petitioner argued that possession of a small quantity of charas under Sections 20 and 21 of the NDPS Act is a bailable offence ... of Section 20 and Section 21 of the NDPS Act, and the interpretation of Section 37 regarding bail conditions. ... The court emphasized the distinction between bailable and non-bailable offences....
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