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Criminal Defence & Bail Matters

Narcotics Cases

Narcotics prosecutions turn on quantity, on the seizure and on whether the procedure was followed. We defend these cases on the record, and we press hard on bail, which the statute makes difficult but not impossible.

Narcotics Control Act 2018Code of Criminal Procedure 1898
Sealed envelope with a tag, a magnifying glass and a case folder, for narcotics case defence

Drug cases under the Narcotics Control Act 2018

We defend prosecutions under the Narcotics Control Act 2018, from the first production and bail through trial and appeal. The quantity alleged usually decides the severity, so the seizure and the way it was recorded are central to the defence.

Seizure and procedure

The law prescribes how a search and seizure must be carried out, recorded and witnessed, and how samples are handled and tested. Departures from that procedure are not technicalities: they go to whether the case can be proved at all. We examine the seizure list, the witnesses to it and the chemical examination closely.

Bail

Bail in narcotics cases is restricted, and the restriction bites hardest where the alleged quantity is high. Where the quantity, the role attributed to the accused or the state of the evidence permits, we make the application and take it up if refused.

Role and possession

Not everyone present is in possession. Where a person is implicated by association, by a vehicle or by a statement of a co-accused, that is a defence to be built on the evidence rather than assumed away.

The seizure is the case. Who was present, who witnessed the recovery, how the sample was sealed and when it reached the examiner decide narcotics trials far more often than anything said in argument.

What helps

  • The FIR, seizure list and the alleged quantity
  • Names of seizure witnesses and where the recovery is said to have happened
  • The chemical examination report and its dates
  • Details of the connection, or lack of it, to the place or vehicle

Where it is heard, and how long it takes

These cases are tried in the courts and tribunals designated under the Act, with severity keyed to the quantity involved. Trials commonly run over a year. Because bail is restricted, the early applications and any challenge to the seizure carry a great deal of weight.

Illustration representing narcotics prosecutions
How we defend
1

Examine the seizure

We go through the seizure list, the witnesses and the recording of the recovery.

2

Check the sampling chain

We test how the sample was sealed, stored and examined, and when.

3

Press bail where open

We make and pursue the bail application, up to the High Court Division if refused.

4

Try the case

We cross-examine on the recovery and the procedure and argue quantity and role.

Bail is restricted, which makes the early applications critical.Book a Consultation

Read the free guides first

Most of what clients ask at a first meeting is answered step by step in our free guides. Read the ones below first; book a consultation when you want the chamber to act.

Common questions

Is bail possible in a narcotics case?

It is restricted, particularly where a large quantity is alleged, but it is not impossible. Much depends on the quantity, the role attributed to the accused and the state of the evidence. A properly prepared application is essential.

I was in the vehicle but it was not mine. Does that matter?

Yes. Possession has to be proved against the individual, and mere presence is not the same thing. That defence has to be built on the evidence of the recovery, which is exactly what we examine.

Why does the quantity matter so much?

Because the statute keys the severity of the offence, and the bail position, to the quantity involved. Establishing the true quantity and how it was measured is often the most valuable work in the case.

A family member was arrested with yaba. What should we do first?

Find out the police station and case number, get copies of the FIR and the seizure list, and brief a lawyer before the first hearing. Bail is applied for first before the Magistrate; if refused, before the Sessions Judge, then the High Court Division.

Do flaws in the search or seizure help the defence?

Often, yes. Searches should be made in front of independent local witnesses, with a seizure list they sign. Missing witnesses, police-only witnesses or a seizure list that does not match the evidence are common grounds for bail and acquittal.

Defend a narcotics prosecution

Built on the seizure, the procedure and the record. A written assessment costs nothing.

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