Practice area

Arrest, remand and rights at the time of arrest

Advice on rights during arrest and remand in NDPS cases, including grounds of arrest, production before a Magistrate and default bail.

The first hours after an arrest often shape the whole case. The Constitution and the law give an arrested person specific rights, and compliance with them can matter later at bail and at trial.

What this work involves

• Advising on the right to be told the grounds of arrest, which the NDPS Act also provides for, and on the right to consult an advocate
• Production before the Magistrate within twenty-four hours, and remand proceedings
• Challenging illegal detention and non-compliance with arrest procedure
• Default (statutory) bail where the investigation is not completed in the time allowed, taking into account the extended period the NDPS Act provides for serious offences
• Medical examination and conditions in custody
• Notices of appearance in cases where arrest is not necessary

Frequently asked questions

What are my rights if I am arrested in an NDPS case?

You must be told the grounds of arrest, be allowed to consult an advocate and be produced before a Magistrate within twenty-four hours, excluding travel time.

What is default bail?

If the investigation is not completed within the period the law allows, the accused becomes entitled to bail on that ground, provided the right is claimed in time.

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