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Wrongly implicated in NDPS case, bail rejected, no evidence against me


31-Mar-2023 (In Criminal Law)
One of my family member is wrongly implicated in a NDPS case. There has been no recovery from him or from the two house searches carried by the police. The police arrested him only because the main accused says that he is part of the crime. The entire investigation was carried only on the statement of the main accused from whom the recovery was made. It's been 10 months already and still there are absolutely no evidences against my family member. The bail was rejected by the session court on the grounds that there are international calls. He is a businessmen and international calls doesn't mean that he has any contacts with the international accused in this crime. What should I do next? The bail application in session's court was filed prior to the chargesheet was submitted
Answers (2)

Answer #1
588 votes
As chargesheet was not filed before applying for bail in sessions court . And now it has been filed you need to check what is the role of your relative in this matter . What is the investigation done till now can be concluded by reading the chargesheet . You can still file fresh bail application at high court based on the findings and llopholes after going through your chargesheet. You are welcome to discuss .
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Advocate Willson Gaikwad

Adv. Willson Gaikwad

LawRato Mumbai | 25+ Answers
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Answer #2
683 votes
Under Crpc if the chargesheet is not filed within 90 days of the arrest than they have to compulsorily give the bail to the accused. In your case I would like to know more details and then I will be able to suggest further.
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Advocate Saqib Gigani

Adv. Saqib Gigani

LawRatoMumbai | 50+ Answers
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