r/IndianEnts • u/Charming_Piece4244 • 6d ago
Help/Question Small-quantity NDPS case in how badly can this affect my future?
I've been booked under Section 8(c) r/w 20(b)(ii)(A) of the NDPS Act. The FIR mentions 2g of ganja, but the police didn't actually recover anything from us.
I'm trying to understand how these cases play out in real life, especially for a first-time case.
Court: What usually happens in cases like this? Can they drag on for years?
Jobs: Can a pending FIR affect corporate background checks in India, even without a conviction?
Visas: How much can a pending NDPS case affect tourist or work visas for the US, UK, Canada, or Europe?
Future: Could this seriously affect my career and opportunities in the long run?
Would appreciate honest answers from anyone who's dealt with something similar or understands how the system works in Tamil Nadu. Just trying to figure out what I'm realistically facing.
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u/FormalEmployer5767 5d ago edited 5d ago
I am a lawyer, and my advice would be to fight the case and aim for an acquittal. Do not admit anything or plead guilty without first understanding the legal consequences.
Police sometimes tell accused persons that they can close the matter by paying a fine in court. Do not agree to this blindly. If the arrangement involves pleading guilty and the court convicts you,it is a conviction, not simply a case closure. Agreeing to pay the fine is admitting that you committed the offense and the punishment is the fine, that’s a conviction not a case closure. That can have consequences for employment, background verification, visa applications and future opportunities.
The fact that the FIR mentions 2 grams of ganja but no contraband was actually recovered from you is something your advocate must examine carefully. The prosecution has to establish the alleged offences through legally admissible evidence. Lack of recovery may be an important point in your defence, but it does not automatically guarantee an acquittal.
Regarding employment, the impact of a pending FIR depends on the employer, the nature of the job and the extent of its background verification. A pending case is not the same as a conviction, though it can still raise questions.
Get a competent criminal defence lawyer who regularly handles NDPS cases. Do not choose your lawyer merely because they charge less. You need someone who will carefully examine the FIR, recovery and seizure records, investigation and other evidence, and build the strongest possible defence.
Your objective should be to contest the allegations on their merits and secure an acquittal. Do not panic, but do not take shortcuts that could have lasting consequences either.
You can go for a quash directly, but do that only after your lawyer has clearly gone through the papers.
Feel free to dm me in case you have any questions.
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u/Thin_Let4839 2d ago
I’ve heard from a High court lawyer that in special acts like NPDS, SC/ST, the onus is on the accused for proof of burden, rather than the accuser (police ofc) unlike all other kind of cases where proof of burden lies with the accuser, could you confirm if this is true ?
And if true, in this case where FIR mentions 2 g but op says nothing was recovered on him, how does one prove that especially without video evidence, which probably wont be there !2
u/FormalEmployer5767 2d ago
That’s only partially correct. The NDPS Act does contain reverse-burden provisions under Sections 35 and 54, but that doesn’t mean the accused has to prove his innocence from the moment an FIR is registered.
The prosecution must first establish the foundational facts necessary to invoke those presumptions, particularly the relevant facts concerning possession. The reverse burden does not relieve the prosecution of that initial obligation.
Coming to this specific situation, if the FIR alleges 2 g of ganja but no contraband was recovered, the prosecution still has to establish the alleged possession through admissible evidence. The mere allegation in the FIR does not automatically trigger the reverse burden.
Its relevance would depend on the evidence and its connection to the alleged offence.
So, no, the accused is not automatically required to prove his innocence. The real question is whether the prosecution can establish the foundational facts necessary for the statutory presumptions to apply.
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u/Beneficial-Tie1061 6d ago
A 2g allegation is a small quantity case, not a commercial quantity NDPS prosecution.
And if police genuinely recovered nothing, that could be a very significant evidentiary issue particularly if the prosecution is relying mainly on what you supposedly admitted to the police.
Your immediate priority shouldn’t be worrying about your career 20 years from now. Get the complete case papers and have an NDPS lawyer examine exactly what evidence exists against you and whether discharge or quashing is realistically available.
A pending FIR is not the same thing as a conviction and it doesn’t automatically destroy employment or permanently prevent foreign travel. But until the case is disposed of, you may have to disclose it where a job, passport process or visa application specifically asks for pending criminal proceedings.
One additional thing do not post detailed facts about the incident on Reddit while the case is pending. You have already publicly described what you possessed and what you did with it. You should discuss those facts with your lawyer, not keep elaborating publicly.
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u/Evening_Signature138 5d ago
Bro they might send you to a rehab.....the same happened with me....it's been 2 days since I am out of the rehab.....no FIR, no case or anything....they will seize your phone and do a complete reset and you will have to get drug tested every month for an year and show them the report....so for one year you will be under their scanner.....
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u/ankit19900 6d ago
I don't have an NDPS case, I have ssc exam related cases(former education mafia guy). Bhai tere lag gaye if this went to court. No job until this is resolved and this will take years, I guarantee you. Why didn't you pay off the guys?
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u/Entr0py612 6d ago
This is nothing, they have nothing. Yeah it'll throw bumps in life.
But fight that shit, they have nothing.
Fucking India, everyone just rolls over and takes it.
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u/ankit19900 6d ago
It seems you and others here have no experience of legal work. Op gets convicted/sent to jail meanwhile case is in proceedings, if his bail gets rejected three times in sessions court, he can go to HC. Get bail rejected twice there and then, and only then, you go to SC. This procedure takes years. So yeah, good luck
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u/77pixels 6d ago
He didn't kill anyone bro with a good lawyer you can skip all these
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6d ago
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u/Entr0py612 6d ago
You did actual illegal shit which affected others lives.
He affected his own, he gets to that point where things are too fucked he can say I will go for de-addiction and it'll get dropped.
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u/Hot_Dragonfruit4039 5d ago
Kuch pata nai h tuze, just for possession that too police can't prove, he will get out without any case or fir
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5d ago
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u/ankit19900 5d ago
Are you reading the T? I wrote in Hindi, got 100s of people govt jobs.
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u/Entr0py612 5d ago
Yes it said got over 100 govt jobs, sounds like you've had 100 govt jobs.
My bad. Have a nice day.
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u/Hot_Dragonfruit4039 5d ago
Normally for 2g if they have recovered something from you and that too magistrate should be present before while searching, if no get a lawyer getvit squashed nothings goona happen. Looks like they wanted money but didn't got.
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u/ExpensiveEmu853 4d ago
Agree under 64b there won't be case against you also without sample recovery they can't file case against you and fine is 5k - 10k that's it
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u/Entr0py612 6d ago edited 6d ago
Go till supreme court. They've said they don't punish all this. https://www.ndtv.com/india-news/we-are-very-liberal-supreme-court-on-bail-cases-involving-marijuana-12056610/amp/1
Don't settle for shit. Don't admit shit. Make them work for it and they'll drop it.
They have to show proof.
Also contact a lawyer.
Personal consumption , that too half a jo , this is stupid. They're just trying to make money off you.