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Legal Assistance for NDPS Cases Before Special Court, Lucknow A Complete Legal Guide by Advocate Manoj Sharma

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  Introduction Cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) are among the more serious criminal proceedings because the Act contains specific provisions dealing with narcotic drugs, psychotropic substances, search and seizure, arrest, evidence, bail and trial. For a person facing an NDPS case in Lucknow, the proceedings can involve several important legal questions: What was allegedly recovered? From whom and from where was it recovered? Was the search conducted according to law? Was the quantity small, intermediate or commercial? Were statutory safeguards followed? Is the accused directly connected with the alleged contraband? Are the requirements of Section 37 applicable to bail? Has the investigation been completed? Has the trial progressed within a reasonable time? The NDPS Act provides for Special Courts for specified offences. Section 36A provides that offences punishable with imprisonment of more than three years are ordinarily triable by...
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Procedure for Anticipatory Bail in Cases Registered Under Anti-Conversion Law in U.P. A Complete Legal Guide by Advocate Manoj Sharma

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  Introduction An FIR under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 can create an immediate concern about arrest because offences under the Act are classified as cognizable and non-bailable and are triable by the Court of Sessions. The law was substantially amended in 2024, including changes to punishments and the bail provision. IndiaCode by eCourtsIndia For a person who has a genuine apprehension of arrest, an important legal remedy is anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) . The practical question is: What is the procedure for obtaining anticipatory bail when an FIR has been registered under the U.P. Anti-Conversion Law? The answer depends on the exact sections invoked, the allegations, the applicant’s alleged role, the stage of investigation and the circumstances surrounding the apprehension of arrest. Importantly, Allahabad High Court records show that anticipatory-bail applications under ...
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Anticipatory Bail in POCSO Cases: Maintainability and Legal Provisions Under BNSS By Advocate Manoj Sharma | POCSO & Criminal Law Lawyer in Lucknow

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  Introduction Cases registered under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) are treated with particular seriousness because the legislation is designed to protect children from sexual assault, sexual harassment and exploitation. At the same time, when a person is named as an accused in a POCSO case and apprehends arrest, an important procedural question can arise: Is an application for anticipatory bail maintainable in a POCSO case under Section 482 of the BNSS? The answer requires careful examination of the exact offences alleged , the provisions of the POCSO Act, the Bharatiya Nyaya Sanhita (BNS), and the statutory restrictions contained in Section 482(4) BNSS . The POCSO Act itself does not create a blanket prohibition on anticipatory bail in every POCSO case. Section 31 of the POCSO Act makes the criminal-procedure provisions relating to bail and bonds applicable to proceedings before the Special Court, subject to the POCSO Act. India Code Howev...
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