Friday, April 7, 2023

Section 22 of NDPS Act, 1985 : Some Important Aspects

Section 22 of NDPS Act, 1985 : Some Important Aspects 


An important Judgment has been passed by Hon'ble Delhi High Court on 19 October 2022.

It has been held in Rakesh Kumar Bhola v Directorate of Revenue Intelligence [2022] GCtR 1787 (Delhi) thus : - 


"The punishment prescribed under section 22 of the NDPS Act can extend upto 20 years and shall not be less than 10 years. Section 22 of the NDPS Act, further, prescribes for fine which shall not be less than Rs. 1,00,000/-, but may extend to Rs. 2,00,000/-. Section 36 of the NDPS Act, requires for constitution of Special Courts. Section 36(A) requires that the offences should be triable by Special Courts."

"The delay in conducting the trial and the resulting long incarceration can also be taken into consideration for the grant of bail."


Kindly note that full text Judgments of Hon'ble Delhi High Court can be downloaded absolutely free of cost (without any charges except internet data) from the official website at the link 

https://delhihighcourt.nic.in/judgment

Then entering the date of Judgment, for example, as  19 October 2022.


Written by 

Vishal

Delhi

Notice : Copyright of above blog and its content including headline vests with Vishal. Above should Not be reproduced in any form in newspapers/websites/Ph.D. thesis/College projects/ law firms' newsletters/law journals/books/book chapters without prior written permission. Fair use should be in terms of Copyright Act, 1957. Any violation will make violator liable for Pecuniary compensation with interest towards the author irrespective of the profit made. All disputes shall be subject to Delhi Jurisdiction.  

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