NDPS Cases in Punjab: What to Do If You’re Accused of Drug Possession is a growing concern for individuals and families dealing with strict legal consequences under India’s narcotics laws. With the recent implementation of the Bharatiya Nyaya Sanhita (BNS), 2023, and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the legal landscape has changed, but the NDPS Act, 1985 remains in force.

This article provides updated legal guidance for individuals accused of drug possession in Punjab, especially in cities like Chandigarh, Mohali, and Panchkula. It will help both law students and accused persons understand the law, bail process, and defense strategy. Whether you’re consulting criminal lawyers in Chandigarh or researching NDPS law as a student, this article offers clarity.

Legal Framework for NDPS Cases

The NDPS Act, 1985

Despite the new criminal codes, the NDPS Act continues to govern all narcotics-related offences. It criminalizes possession, manufacture, sale, transport, and consumption of narcotic drugs and psychotropic substances.

Key Sections:

  • Section 8: Prohibits cultivation, possession, sale, or use of narcotics unless specifically permitted. 
  • Section 20: Relates to cannabis (ganja, charas, bhang). 
  • Section 21–22: Relate to possession of manufactured drugs and psychotropic substances. 
  • Section 27: Punishes personal consumption. 
  • Section 37: Regulates bail in serious offences (non-bailable, stringent conditions). 

Quantity Classification

Small Quantity vs Commercial Quantity

NDPS cases depend heavily on how much of a substance is involved.

Drug Small Quantity Commercial Quantity
Heroin 5 grams 250 grams
Ganja 100 grams 1 kilogram
Cocaine 2 grams 100 grams
LSD 0.002 grams 0.1 grams

Small quantity: Lesser punishment, easier bail
 Commercial quantity: Stricter penalties, difficult bail

Legal Process Under New Criminal Law

FIR and Arrest (BNSS)

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, FIR registration and arrest rules apply just like the old CrPC. Police register the FIR and proceed with arrest if caught with drugs in any quantity.

Right to Be Searched – Section 51 NDPS Act

The accused must be informed of their right to be searched before a Magistrate or gazetted officer, and this is mandatory. Courts often quash cases if this isn’t followed.

Bail Under NDPS and BNSS

Anticipatory Bail – Section 484 BNSS (Old CrPC 438)

You can apply for anticipatory bail under Section 484 of the BNSS. However, Section 37 of the NDPS Act still governs conditions for bail:

  • The judge must believe you’re not guilty. 
  • You must prove you’re unlikely to commit any further offence. 

This makes anticipatory bail in commercial quantity cases highly unlikely unless exceptional grounds are shown.

Regular Bail – Section 482 BNSS (Old CrPC 439)

Even regular bail is not easy unless it’s a small quantity case or there’s a procedural flaw in the investigation.

Quashing of FIR – Section 482 BNSS

High court lawyers in Chandigarh can approach the Punjab & Haryana High Court under Section 482 of BNSS (previously 482 CrPC) to quash NDPS cases if:

  • The accused was falsely implicated. 
  • There’s non-compliance with Section 51 (search rights). 
  • The evidence lacks credibility or lawful recovery. 

How NDPS Cases Are Investigated in Punjab

Key Agencies:

  • Punjab Police Anti-Narcotics Wing 
  • Narcotics Control Bureau (NCB) 
  • Special Task Forces (STF) 

Common Tactics:

  • Use of informers 
  • Electronic surveillance 
  • Sniffer dogs and raid units 
  • CDR (Call Data Record) analysis 
  • CCTV footage and GPS tracking 

Special Courts for NDPS Cases

NDPS cases are heard in Special NDPS Courts designated under the Act. These courts follow an expedited trial system, but due to backlog, cases can take over a year.

NDPS cases are among the most stringent criminal matters in India. Though the NDPS Act, 1985 remains unchanged, the procedures under the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) now guide arrests, bail, FIRs, and High Court petitions. Understanding your rights, the classification of offences, and the correct legal steps is vital—whether you are a law student or a person accused of possession or trafficking.

If you’re facing an NDPS charge in Punjab or searching for information about criminal advocates in Chandigarh, this guide offers critical legal insight. Your response time and legal strategy will define the outcome of your case.

FAQs on NDPS Cases in Chandigarh

  1. Can I get bail in a commercial quantity NDPS case in Chandigarh?
     Bail in commercial quantity NDPS cases is extremely difficult under Section 37 of the NDPS Act. Courts must be satisfied that the accused is not guilty and is unlikely to commit any further offence. Applying for bail requires strong legal strategy from experienced criminal lawyers in Chandigarh, especially those with expertise in drug possession defense and NDPS Act litigation.
  2. What is considered a small quantity under NDPS?
     Each narcotic drug has a defined threshold under the NDPS Act. For instance:
    • Heroin: 5 grams
    • Ganja: 100 grams
      Small quantity offences are treated as less serious, and are typically eligible for bail and leniency. Consulting criminal defense advocates in Chandigarh can help navigate the bail application process effectively.
  1. What are my legal rights during a search under NDPS?
     Under Section 51 of the NDPS Act, you have a legal right to be searched before a Magistrate or a gazetted officer. If this right is denied, the search and seizure can be challenged. High court advocates in Chandigarh frequently use such procedural violations to seek dismissal or quashing of NDPS cases.
  2. Can a false NDPS case be quashed in the High Court?
     Yes. A false or fabricated NDPS case can be quashed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Grounds for quashing include:
    • Lack of conscious possession
    • Procedural irregularities
    • No credible recovery or evidence
       High court lawyers in Chandigarh regularly represent clients seeking to quash NDPS FIRs under these legal provisions.
  1. What is conscious possession in NDPS law?
     Conscious possession means the accused had knowledge and control over the narcotic substance. Mere presence near contraband is not enough. Courts require proof of criminal intent and active possession. Skilled criminal defense lawyers in Chandigarh often use this distinction to build a strong defense in NDPS trials.