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DELHI HIGH COURT GRANTS BAIL TO WOMEN ACCUSED IN 100 GRAM HEROIN CASE

  • Writer: prime8legal
    prime8legal
  • Aug 29
  • 2 min read


OVERVIEW OF THE CASE

In a significant ruling, the Delhi High Court grants bail to woman accused in 100 gram heroin case under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The decision re-emphasizes judicial discretion in bail applications where the quantity seized falls under the intermediate category.

Key Highlights:

  • The accused woman was arrested with 100 grams of heroin.

  • Under NDPS Act, this quantity falls between small and commercial, making it “intermediate”.

  • The Court observed that prolonged custody without trial is unjustified.

  • Bail was granted with conditions to ensure cooperation with investigation and trial.




GENERAL IMPLICATIONS ON OTHER MATTERS

  • Intermediate Quantity Cases: The ruling clarifies that bail can be considered in intermediate quantity cases, unlike commercial quantity where stricter standards apply.

  • Rights of the Accused: Courts continue to emphasize the principle that bail is the rule, jail is the exception, especially when trial delays prejudice the accused.

  • NDPS Act Precedent: This decision may influence other High Courts to adopt a more liberal approach in intermediate category NDPS bail matters.




DETAILED LEGAL ANALYSIS

The NDPS Act is one of the most stringent laws in India. While commercial quantity cases (e.g., over 250g heroin) are extremely difficult for bail due to Section 37, intermediate category cases provide legal scope for relief.

Court’s Reasoning in This Case:

  • 100 grams of heroin is not commercial quantity.

  • The accused had already undergone considerable custody.

  • Trial was unlikely to conclude soon.

  • Conditions such as surety bonds, passport surrender, and regular appearance ensured the balance of justice.




HOW PRIME 8 LEGAL CAN HELP

  • Case Assessment: We analyze whether the seized substance falls under small, intermediate, or commercial quantity.

  • Strategic Bail Applications: Drafting and arguing bail applications tailored to the client’s case.

  • Trial Support: Ensuring compliance with bail conditions and preparing defense strategies.

  • Client Representation Worldwide: Assisting NRIs and foreign nationals facing NDPS-related allegations in India.

With our expertise, we help clients navigate the complexities of NDPS bail applications, ensuring a robust defense while safeguarding their rights.




Important FAQs

Q1. Can bail be granted in NDPS cases involving heroin?

Yes. Bail depends on the quantity. For small and intermediate categories, bail is possible. For commercial quantities, it is very difficult.


Q2. What is considered “intermediate quantity” in NDPS heroin cases?

Between 5 grams (small) and 250 grams (commercial) of heroin is considered intermediate.


Q3. Does prolonged custody help in getting bail?

Yes. Courts often grant bail if the accused has already spent considerable time in custody without trial conclusion.


Q4. How can Prime 8 Legal assist in NDPS bail matters?

Prime 8 Legal provides end-to-end support—bail drafting, representation, trial defense, and compliance guidance.




If you or your loved one is facing an NDPS-related allegation in India, it is critical to have expert legal representation. At Prime 8 Legal, we combine deep expertise in NDPS law with a strategic defense approach.

📍 318-B, Saraswati Kunj, Sector 53, Golf Course Road, Gurgaon 122003, India

📞 +91-9717586165

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