A person was arrested under the NDPS Act, but the police didn’t find any drugs on him. The police got a 7-day custody. Can this person get bail and be released from the case? His family is poor and from another city. Two other people were arrested, and the police found around 90 ml of drugs from them. According to the Mumbai High Court, if someone is arrested under NDPS without any drugs found, they shouldn’t be arrested.

Apni Law
Apni Law
Law Forum › Category: Criminal › A person was arrested under the NDPS Act, but the police didn’t find any drugs on him. The police got a 7-day custody. Can this person get bail and be released from the case? His family is poor and from another city. Two other people were arrested, and the police found around 90 ml of drugs from them. According to the Mumbai High Court, if someone is arrested under NDPS without any drugs found, they shouldn’t be arrested.
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Apni Law Staff asked 1 year ago

A person was arrested under the NDPS Act, but the police didn’t find any drugs on him. The police got a 7-day custody. Can this person get bail and be released from the case? His family is poor and from another city. Two other people were arrested, and the police found around 90 ml of drugs from them. According to the Mumbai High Court, if someone is arrested under NDPS without any drugs found, they shouldn’t be arrested.

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Best Answer

Apni Law Staff answered 1 year ago

Based on the Mumbai High Court’s ruling, the person arrested without any drugs found should be released on bail as the arrest was illegal. However, the police’s 7-day custody may have been granted based on the evidence found from the other two individuals. The person’s family can approach the court for bail, citing the High Court’s ruling and their financial constraints.

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