Since a case was registered and you paid fine admitting the crime the PCC will show it.
Since the offence was not serious the Canadian authority can ignore it.
PCC for NDPS
I was arrested for NDPS section 27( 1 gram of Ganga caught) , I paid fine and case is disposed. Now I need to apply for a PCC in order to go Canada. So will my case details shows in PCC ? If it shows , How can I remove it.
Asked 4 years ago in Criminal Law
Religion: Muslim
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18 Answers
- Under Section 27 of NDPS Act, there is punishment for consumption of any narcotic drug or psychotropic substance.
- Further there is provision of imprisonment of 6 to 1 year with fine .
- Since, you was arrested under this section , it means there was an FIR lodged against you , and further you was directed from the court to pay fine , it means there is admission of the offence on your behalf.
- Hence, that record cannot be removed from the record legally.
- However, as this case come under petty offence i.e. consumption of only 1 gram , then it will not effect your visa application for Canada
NDPS Case comes under Civil or Criminal ?
Asked 4 years ago
NDPS Act come under the provision of Criminal Procedure Code.
Section 27 in The Narcotic Drugs and Psychotropic Substances Act, 1985 lays down the punishment for consumption of any narcotic drug or psychotropic substance: Whoever, consumes any narcotic drug or psychotropic substance shall be punishable, where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both; and where the narcotic drug or psychotropic substance consumed is other than those specified in or under cluase (a), with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.]
The offences falling under Section 27 of the NDPS Act is a non-bailable offence.
Hence this will certainly reflect in the Police clearance certificate and even may carry an adverse impact.
Since you have already paid fine admitting the commission of offence, it will clearly reflect in the police records hence you cannot get it removed.
It falls under Criminal law.
The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act, is an Act of the Parliament of India that prohibits a person the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.
It extends to the whole of India. It came into force after the Central Government notified it in the Gazette of India on 14 November 1985.
Section 2 of the Act defines the various terms used in it, unless the context otherwise requires. Words and expressions used in the Act, and not defined, but defined in the Code of Criminal Procedure, 1973 have the meanings respectively assigned to them in that Code.
It would come under criminal case
It would show in your PCC as FIR was filed against you
You just paid fine amount and not imprisoned, payment of fine amount will not be reflected in the pcc. That crime is not against society like trafficking in drugs. That will not affect your pcc.
Though ntps is criminal law not all the offences are against the society requiring mention in pcc.
NDPS section 27 is the case filed against me , Dont know what and how much intensity they written in the FIR If it is not mentioned in PCC , its okay to go on with PR application to canada . Will depends on what exactly they will mention in PCC. This was small case actually ,got bail from police station on the same day I got arrested. Currently Im working at Dubai ,this happened when I came for a vacation at India. I didnt even attend court , my lawyer attend the case and paid fine. If PCC mention this can I enter Canada as PR ?
Asked 4 years ago
- Yes, you cannot conceal any material facts while applying for Canada PR.
If it is not mentioned in PCC you can proceed with PR application
if it is mentioned in PCC still you can apply for PR
Since you are working in Dubai, for PCC in India for Canadian immigration, you have to submit the application at the Indian Consulate at Dubai. A proper advice regarding the possibility of whether you get PCC or not, can be given only after seeing the FIR, the charge sheet, and the judgment etc. From your description, there's a strong possibility that the police may reject PCC. In that case, you have to approach the HC for getting relief.
Was an fir registered? If no then you are free to apply for a pcc.
NDPS cases are criminal cases and provisions are very stringent.
If pcc mentions this then they cannot issue you a visa. But you are living overseas that means there is no problem with the pcc. You may go ahead and apply.
The report that may be furnished by the police in the PCC cannot be predicted.
As a matter of fact, the police would furnish the details of the cases prosecuted against you, the offence and the conviction details including the fine amount paid by you.
It depends on the immigration authority whether to consider your application for PR or not based on the PCC report endorsed by the police.
Dear Sir,
If you face any difficulty in getting PCC then approach high Court.
You can apply on the bases of your order for disposal from court and get it removed. Its a criminal case. yes if not mentioned in PCC go ahead if the same is disposed as per you. You can approach me on linkedin for further assistance in details consultation fees applicable
