BAIL IN TRAMADOL NDPS CASES

This Article has been written by Aditya Verma, a student at Lovely Professional University.

Introduction

Tramadol is a medication that belongs to a class of drugs known as opioids. The primary use of Tramadol is to relieve moderate to moderately severe pain, including pain after surgery. It works in the brain to change how your body feels and responds to pain. Tramadol has a risk of abuse and addiction, which can lead to overdose and death.

Tramadol was declared a psychotropic substance vide gazette notification S.O. 1761 (E) dated 26.04.2018 and it falls under the Narcotic Drugs and Psychotropic Substances Act, 1985 also known as NDPS Act.

Narcotic Controls Bureau (NCB) is the nodal agency for matters pertaining to drug law enforcement in India. The NCB was created in March 1986 in terms of Section 4(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which envisages a Central Authority for the purpose of effectively preventing and combating abuse of narcotic drugs and psychotropic substances and their illicit trade.

Bail under NDPS Act

Any individual who produces, manufactures, cultivates, possesses, sells, buys, transports, stores, or consumes any kind of narcotic drug or psychotropic substance is prohibited by the NDPS Act. Cases involving Tramadol typically arise when individuals are found in possession of the drug without proper authorization, leading to criminal charges under the stringent provisions of the NDPS Act. Getting a Bail under the NDPS Act is not an easy task. There are only a few grounds under which courts can grant bail. Section 37(2) of Narcotic Drugs and Psychotropic Substances Act, 1985 deals with the bail of accused charged in connection with offence involving commercial quantity of a narcotic drug or psychotropic substance.

Criteria Considered for Granting Bail

• Nature and quantity: The seriousness of cases is evaluated on the basis of the nature and quantity of drugs. If the quantity of drugs is in small quantity for personal use, then the process of bail is more likely to be happen. These criteria significantly affect the process of granting bail, especially when the quantity is deemed small and intended for personal use.
• Role of accused: If the accused is not involved in any drug trafficking or illegal manufacturing of drugs, then the process of getting bail is easier.

• Criminal background: Courts consider the accused’s criminal history. Past drug crimes or illegal acts can decrease bail chances. Past involvement in these types of cases can cause difficulties in the process.
• Flight Risk: Courts will examine If there is possibility that the accused may flee justice if the court grants bail. Most probably when the accused have some foreign connections.
• Precedents and Case Law: The courts also scrutinize previous judgments and legal precedents to determine whether, in such similar circumstances, bail ought to be granted or not.

Important cases of Bail under NDPS Act

• Amirullah @ Amir Musalman vs State of U.P. 2023: The applicant, Amirullah @ Amir Musalman, has been granted bail in the case involving the possession of slightly more than the commercial quantity of tramadol. Despite the non-compliance of Section 50 NDPS Act, the court has allowed bail, emphasizing that the decision does not reflect an opinion on the case’s merits. The applicant must meet certain conditions, including appearing before the trial court as required and refraining from criminal activities and tampering with evidence. Breach of these conditions could result in bail cancellation upon prosecution’s application.
• Subhash vs State of U.P. 2024: In the given legal document, the court found that the defendants were in possession of a quantity of tramadol below the prescribed commercial amount and therefore ruled that a specific section of the NDPS Act did not apply to the case. As a result, the court decided to grant bail to the defendants, setting specific conditions for their release. It was stated that the observations made in the decision are limited to the bail application and will not impact the merits of the case during the trial.
• Piyush Aroravs State of Punjab 2024: Considering the order dated March 24, 2022, Raj Kumar is to be released on interim bail. The petitions are allowed, and the interim bail granted to Raj Kumar is made absolute until the conclusion of the trial, while Piyush Arora is directed to be released on bail on the usual terms and conditions.

Small and commercial quantities of Tramadol

In NDPS act small quantity 5 gm and commercial quantity 250 gm are mentioned in gazette notification S.O. 1761(E) dated 26.04.2018. the classification of drugs into “small quantities” and “commercial quantities” is really important to distinguish severity of penalties and the approach to legal proceedings. The classification helps determine the seriousness of cases based on the amount of Tramadol involved and the circumstances of the case. Possession of a small quantity of Tramadol may still lead to legal consequences, such as arrest and prosecution, depending on the circumstances. The penalties may be less severe compared to larger quantities.

False Tramadol cases

Such cases are termed “False Tramadol cases.” These roughly refer to those cases wherein people are either implicated or falsely involved in offenses relating to Tramadol under the NDPS Act. These can include:

Misidentification or Mistakes:

Due to confusion or mistakes during investigation, the drug Tramadol may be misidentified as some other drug, or a person may be mis-identified or falsely implicated for possessing or trafficking Tramadol.

Planting of Evidence:

In some cases, corrupt practices or malafide intentions may result in foisting Tramadol or planting false evidence against the accused persons to frame them for NDPS offenses.

Misinterpretation of Law:

This could sometimes result in misinterpretation of provisions in the law or mistake lawful possession or use for illegal activity.

Vindictive Complaints/Vendettas:

The false accusations can also be motivated by vendettas, personal conflicts, and vengefulness in which someone makes false allegations against a person for the crimes associated with Tramadol.

Where the offense of Tramadol cannot be proved against an accused, it may mean a legal burden and loss of reputation for him. Hence, to know the coordinative reasons leading to said false accusation is especially important, and for adequate defense against such allegations, taking necessary legal steps for requisite legal advice and representation over the matter under the NDPS Act is of prime importance.

Conclusion

Tramadol, categorized as a psychotropic substance under the NDPS Act since April 2018, Courts evaluate several crucial factors in determining bail applications under the NDPS Act. These include the nature and quantity of the substance involved Bail in NDPS cases in India is crucial and a matter of legal scrutiny. The objective of the NDPS Act is to take measures for preventing and regulating operations relating to narcotic drugs and psychotropic substances. It is necessary to maintain stability in the enforcement of the law and protect fundamental rights and personal liberty. The courts play a significant role in safeguarding people in false cases, The courts’ role in providing a fair approach in granting bail to the accused in these cases is important.