The accused is granted bail under section 37.
Aryan Khan, accused in the Mumbai cruise drugs case and son of Bollywood superstar Shah Rukh Khan, is not getting bail. Aryan’s bail plea was rejected by the Mumbai Sessions Court on Wednesday as well and after that an appeal was made to the Bombay High Court. There is no relief from the Bombay High Court yet. The special NDPS court in Mumbai has extended the judicial custody of Aryan Khan and others till October 30.
After not getting bail even after so many days, there is a question in people’s mind that what has happened that Aryan is not getting bail. Today we tell you what is so in his case that Aryan is not getting bail. So let’s know the specifics of this case, after which you will understand the whole matter…
Rules are different in drugs case
By the way, Section 432 of the CrPC, gives the right to any accused to get bail, by this the accused applies for bail and on the basis of the case, he gets bail. But, in the case of drugs, the rules are quite strict and different. Actually, what happens is that cases related to drugs are dealt with under the Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985, which has different rules regarding bail.
This law was created on 14 November 1985 in place of the Drugs and Cosmetics Act of 1940. It has been amended in 1989, 2001, 2014. It is an offense under the NDPS Act to manufacture, possess, sell, buy, trade, import or export and use narcotics drugs. However, these drugs have been exempted for medical and science use. In this law, from sending the guilty person to the de-addiction center, the punishment is given to jail and further fine.
How to get bail in drugs case?
If we talk about the bail available in the drugs case, then under section 37, the accused is given bail. Section 37 states that the accused gets bail, but there are some conditions in it. In this, the public prosecutor is given the right to oppose the bail application. At the same time, the accused has to prove his innocence and convince the court that he is not guilty and will not do so after his release.
Simply put, it is the responsibility of the accused to prove his innocence. However, if the police say that granting bail may hinder the investigation, then release is difficult, then the bail application may be rejected. It is believed that something similar is happening in the Mumbai drugs case in which Aryan and his associates are not getting bail. Under the Drugs and Psychotropic Substances Act, an accused cannot be granted bail merely on the ground that the accused was not in possession of drugs.
Also read- How much do you know about India? Everyone should know these things related to our country