Post by Sana Raees Khan

A foreign national is no exception to the Constitution as liberty does not recognise borders. In securing release for my Russian client in a commercial quantity Drugs case despite the stringent bar under Section 37, this case reaffirmed a vital constitutional position that the protections guaranteed under the Constitution of India extend to every individual within its territory, irrespective of nationality. Section 37 of the NDPS Act imposes a high threshold by requiring the Court to be satisfied that there are reasonable grounds to believe that the accused is not guilty and is unlikely to commit any offence while on bail. Even within this strict framework, I argued that the prosecution’s case did not meet the statutory mandate. The rigours of law cannot override the fundamental requirement of fairness. When the prosecution fails to satisfy the legal threshold, the right to liberty must prevail. #ConstitutionalRights #NDPSAct #Section37 #RuleOfLaw #CriminalLaw #SanaRaeesKhan

Video Content