Was caught with small quantity of marijuana

805 votes

If he is going to pay fine then he will need to plead guilty. Pleading guilty and paying a fine creates a record of conviction. This record can be accessed by employers during a standard background check. particularly if they conduct a court record search. Now you have another option to contest this case. If the case is propely conducted and if u win the case there will be no problem for your brother. For more details you may contact me.

Advocate Sreejith T. V. LawRato

536 votes

It is advisable that your brother contest the case in court. Failing to do so may result in him being treated as a convicted person in an NDPS case, which can adversely affect future employment opportunities and the issuance of a Police Clearance Certificate..

Advocate Salman Pallikkadan LawRato

890 votes

The payment of fine is an admission of guilt and is akin to Conviction by court of law. The fine paid is in lieu of imprisonment. A conviction can cause hindrance in getting a Government Job due to a conviction record, but since the case is disposed off, your brother would probably not have difficulty in obtaining passport. However depending on the country there might be visa regulations by way of which visa could be denied due to the conviction in his records. Further even in case the visa is obtained this aspect would affect in obtaining PR and Citizenship, then again this depends on the Country to which your brother is intending to migrate to. with respect to getting employment small startups and companies usually do not do a detailed background search but MNC's do. That should answer your query

Advocate David Varghese Thomas LawRato

647 votes

Since your brother is 18 years old, he is legally considered an adult under Indian law. If the police have caught him with marijuana (cannabis), the case will fall under the Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985. If it is a small quantity for personal use, the police may file a minor case under Section 27/28 of NDPS, which often involves: Confiscation of the substance Payment of a fine (₹10,000 as mentioned) No jail term if it’s a first offense and considered “small quantity” Since he has no prior criminal record, the courts may treat it as a first-time minor offense, and the case could be disposed of relatively quickly after paying the fine. 2. Impact on Future Studies Within India: A minor NDPS case with no conviction and only a fine usually does not bar higher education admission in India. Colleges or universities typically ask for disclosure of criminal convictions, not pending minor fines. Studying Abroad: Most countries have immigration or visa processes that ask about criminal convictions. If the case is still pending, some countries might require disclosure. If the case is resolved with only a fine and no conviction, it often does not prevent student visas, especially if the offense is minor and not related to violent or serious crime. Some countries may conduct background checks, but minor NDPS offenses are generally not a barrier if disclosed honestly.

Advocate Fenny Vengal LawRato