Discharge from Criminal and NDPS Cases

Discharge is the legal remedy available to an accused when, upon consideration of the charge sheet, documents, and materials filed before the court, the court finds that there is no sufficient ground to proceed against the accused and frame a charge. Securing a discharge before the trial begins can save the accused from the ordeal of a full trial. Aggarwal and Associates files and argues discharge applications in NDPS and criminal matters before Special Courts, Sessions Courts, and Magistrate Courts.

Legal Provisions for Discharge

• Section 227 CrPC (Section 250 BNSS) — Applicable in Sessions triable cases including NDPS Special Court cases. If the Judge considers there is not sufficient ground for proceeding, the accused shall be discharged.
• Section 239 CrPC (Section 263 BNSS) — Applicable in cases triable by a Magistrate. If the Magistrate considers the charge to be groundless, the accused shall be discharged.

Standard for Discharge in NDPS Cases

At the discharge stage, the court looks at whether there is a grave suspicion against the accused that has not been properly explained. We argue discharge applications on the basis of:

• The charge sheet and documents show no specific role of the accused in the alleged NDPS offence.
• The evidence — even taken at face value — is insufficient to constitute the offence alleged.
• Fundamental procedural violations that render the investigation and charge sheet unreliable.
• Absence of FSL report conclusively identifying the seized substance as a controlled drug.
• The accused's connection is based only on a co-accused's confession, which is inadmissible as substantive evidence under the NDPS Act.

Discharge of Multiple Accused

In cases with multiple accused, it is common for some co-accused to have a weak or non-existent role. We file individual discharge applications for such accused, distinguishing their case from those against whom there may be direct evidence.

Revision Against Refusal of Discharge

If the trial court refuses the discharge application, the accused has the remedy of filing a Criminal Revision before the Sessions Court or the High Court, or a petition under Section 528 BNSS / Section 482 CrPC. We advise on the most appropriate remedy based on the court's order and the facts of the case.