No Bail in Drug Cases: Supreme Court Ruling Explained | Vasu Dev Monga

0:03 No bail in drugs cases. Whenever we are talking about the drugs cases, we are talking regarding the NDPS Act. That is, we are talking here regarding the Narcotic Drugs and Psychotropic Substances Act. If any person is trading in drugs here, that is, he is trading in drugs here, buying and selling drugs here, then the offence that is levied on him, the charge that is levied is under the NDPS Act which basically deals with if more than 5 grams of drugs is found with any person, that is, if drugs are found, then in that case, he is provided bail with difficulty. That means if any person has any kind of opium less than 5 grams

0:49 or cocaine or any post here, then that person can get bail in that case. But if we talk about more than 5 grams, then our law says that the grounds for getting vines here become quite less. Now we are talking about the drugs cases, that is, narcotics, NDPS, narcotic drugs and psychotropic substances, where in today's ruling of the Supreme Court, that is, in the case of Dinesh Chandra versus State of Haryana, what was told to us that brother, anticipatory bail will never be provided in drugs cases, that is, in NDPS cases, under any circumstances. It is told to us clearly here. This case comes to us from the Punjab and Haryana High Court, where we

1:35 see that in Punjab, 1 kg of post has been found with a person here. Now post, there is a kind of intoxication here which is mostly used by the labour class and it is considered a kind of a sinful drug here, which is basically consumed by the people in the Punjab. It is used a lot in Punjab and it is said in Punjab that if a person keeps more than 5 grams of post with him and in this case, 900 grams of cocaine was also found with this guy, which means 900 grams of cocaine and 1 kg of post here, if you people think about its value, brother how much would it be, then its total value, that is, the total value of 1 gram post and 900 grams of cocaine, would be

2:23 more than crores here. It would be more than crores of rupees that this guy was dealing in here. Now this person has applied for the anticipatory bail. Now if we talk about anticipatory bail, then what is the meaning of the term anticipatory bail? Anticipatory bail is a bail which is provided to us before custody. That is, once a person is arrested. Once an accused has been arrested. After that he cannot get anticipatory bail. That means, based on an apprehension that brother, I can be arrested for some non-bailable offence. In a non-bailable offence and if the person has not been arrested yet, then he can approach the High Court or the Court of Session and

3:10 obtain anticipatory bail. But what this ruling of the Supreme Court tells us here is that brother, the Punjab and Haryana High Court has given absolutely the right decision here. Because in the drugs law in the NDPS Act, it has been clearly told to us that if more than 5 grams of drugs is found with any person, then anticipatory bail will never be granted in that case and the Supreme Court has also upheld the same law here. Now the Supreme Court also told us that suppose there is no law here for anticipatory bail. In drugs cases, you people cannot take anticipatory bail here. But if you people get arrested once, once you have been arrested, can you apply for regular bail after that? It is an absolutely important matter. It does

3:56 not matter, if you are arrested once, can the lawyer sir file a regular bail application for you by going to the magistrate, can he get an order for it by going to the judicial magistrate first class? We were told that absolutely yes, you people can file a regular bail application, not an anticipatory bail application. But you will 10001% not get the regular bail. What we are told is that Bhaiya regular bail will be decided here on its own merits. It will be decided here on your merits whether you should get regular bail or not. My Experience with ANDS If I tell you from my experience as a lawyer, then if any person is found in possession of

4:44 any drug ranging from 5 grams to 1015 grams, which we call posh, opium, chitta in Punjab. In that case, you people can still get bail. But wherever the quantity increases, when the quantity increases here, which we saw in this case that there was up to 1 kg of drugs here, which was worth crores of rupees, in that case even the regular bail is not provided to you in most of the cases. What we told in the particular case of UC Supreme Court, Dinesh Chandra vs State of Haryana, anticipatory bail is never granted in the NDPS cases, that is, under the Narcotic Drugs and Psychotropic Substances Act, you will never get anticipatory bail here. But the party has the right here

5:30 that you can go and surrender yourself. Because anticipatory you will not get bail. You go to the court, go to the police and surrender. As soon as you are arrested, you can apply for a regular bail. You can apply for regular bell. So today we are seeing a very important judgement here. Basically if seen then drug is something an illegal substance. There is an illegal substance whose usage we should stop. And to stop its usage, our laws are very strict that brother, you will not even get bail here. Because once the person is behind the parse, only then will that business reduce here. He will be able to stop it and people will get scared that brother, if we also deal with drugs here, then in that case, we will never get bail here.

6:15 And once you do not get bail, your trial will continue. You will have to spend a long time in jail here for investigation, inquiry, trial. So make sure you guys transfer this judgement further here and spread it among the people that brother, stop the drugs trade because here the judgements of Supreme Court are so much against the drugs cases that you will not be provided bail here under any conditions. And with this is an important information for all of you that if you are also practicing law, if you are preparing for judiciary, then Unacademy Judiciary has brought a very important opportunity for all of you on this particular 14th of July, that is, this time on 14th July at 5:00 PM

7:02 a scholarship test of Judiciary is being organized for all of you. A scholarship test is being held here. If you guys are doing self study sitting at home. If you are preparing on your own or you are just in your college and you are also taking special classes here and you want to get a scholarship. If you are studying for a long time then you can get a scholarship of ₹ 00. 100% you can get subscription here. That is, if you clear this paper here in top rankers, then you will be provided full free subscription to the comprehensive batch here and along with that, you will also get all the mock test patterns of prelims here and all the test series will also be provided to you. You have to use the code VDM, by using this code you will get maximum discount. Plus

7:48 you can apply for this test for free. The link is available to you in the description box. You can apply here for Judiciary Scholarship test for free. You can take this test here whenever you want. Another thing is that you connect with your educators. Now as soon as we see the judgment of three years here that brother, three years experience has been made mandatory for the judicial examinations. Here the student needs an education, a connection with the educator, a regular touch with them so that they can do their preparation very easily, so in Unacademy, you are also being provided this feature in Judiciary Iconic Pro that you can take unlimited mentorship with your favorite educator from them. You can do note making. You can take doubt solving classes. Complete career guidance will be provided to you by your educator

8:34 any time on a video call as well as on an audio call as per your wish. And then if you want to become expert in criminal law, then let me tell you the entire criminal law, Indian Civil Defence Code, Indian Justice Code and the Indian Witness Act, that is, I am going to make you learn all the new criminal laws in this particular batch. Along with me, you will also find Apuva Ma'am, Vishal Sir, Pranjal Sir and Ashutosh Sir, who will explain each and every thing to you in the entire comprehensive judiciary. To enroll in this batch you have to use this code VDM. This batch of yours is starting from 15th July. In which I am going to make you all learn the Indian Civil Defence Code from 5:15 PM onwards.

9:20 If you guys are actually serious that brother you guys have to prepare. You guys have to keep your best. So by using this code, you can use VDM code and take BASS classes from me from 5:15 pm onwards. From 15th of those lights where we are starting a new batch here with full passion. Passion in All State Judiciary Comprehensive Batch. And if you want to take test series of all these states like Rajasthan, Chhattisgarh, Himachal Pradesh, Uttarakhand in just one rupee i.e. only ₹1, then you can enroll for this also. The link is available to you in the description box. I will see you guys in the upcoming classes as well. Thank you so much. Jai Hind. Take care.