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I was convicted for the posession of 1 gram of amphitamine in a different district other than my home district.I have tried for quashing the case but the judge is not calling the case so it is taking more time.i am going to canada for my future studies.so I wanna know is does it affect my visa process if i clear it with fine.If I was to apply for pcc, will it be a problem? Also, will it affect my passport verification? (I only had 0.1 gram however they wrote it as 1 gram)
Asked 1 year ago in Criminal Law
Religion: Muslim

8 answers received in 1 day.

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10 Answers

PCC would reflect the pending case against you 

 

2) if there is pending criminal case against you then you need court permission to apply for passport 

 

3) if you had only 0.1 gram then you should contest the case to prove your innocence 

Ajay Sethi
Advocate, Mumbai
97519 Answers
7884 Consultations

Yes pending case would effect your visa, passport verification. Crime is serious in nature. 

Siddharth Srivastava
Advocate, Delhi
1455 Answers

During pendency of criminal case against you it may not be possible for you to travel abroad without permission of court.

You may have to disclose the details of pending cases in your application for visa.

If you don't disclose then you may face serious problems when the authorities come to know about it.

T Kalaiselvan
Advocate, Vellore
87721 Answers
2356 Consultations

If you plead guilty and are convicted it would be reflected in your PCC for PR from Canada 

Ajay Sethi
Advocate, Mumbai
97519 Answers
7884 Consultations

Yes, you will be convicted for upto 10 years and all your chances for PCC shall be over. You are required to be acquitted honorably.  If required consult with detail for professional consultation. 

Siddharth Srivastava
Advocate, Delhi
1455 Answers

 - Under Section 21 of the NDPS Act, the offence of possession of a small quantity (upto 100 gms) of charas, if proved, can lead to a sentence up to six months, and fine..

- Since, the quantity was only 1 gram , then it is fit case for quashing the FIR , and the court may acquit you for the offence. 

- However, if there is an FIR against you for this offence, then there may be requirement for court order for passport verification  and the police can refuse to issue PCC. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

For several offences under the NDPS Act, the punishment depends on whether the quantity of drug involved is small, is more than small but less than commercial or is commercial. Small and Commercial quantities for each drug have been notified

Possession of 1 gram of Amphetamine is small quantity, for which the penalty would be Imprisonment up to six months or fine or both.

Even paying a fine in such cases would reflect in the PCC since a FIR is already registered

T Kalaiselvan
Advocate, Vellore
87721 Answers
2356 Consultations

If it’s shown in your pcc then it will be as per Canadian law.. As per Indian law you are innocent till convicted 

Prashant Nayak
Advocate, Mumbai
32876 Answers
209 Consultations

amphitamine is not in the list of prohibited drugs under narco act. Same state criminal record will reflect in police verification. 

Confession with benefit of probation is necessary to avoid problem.

If i accept the case does effect me in my future?or my further pcc for the PR from Canada - Probation benefit than no. 

Yogendra Singh Rajawat
Advocate, Jaipur
23012 Answers
31 Consultations

Dear client,  

Being convicted for possession of a controlled substance can have serious consequences for your future, including the potential to impact your visa process and passport verification. Here are some factors to consider:

Visa Process: When applying for a visa to Canada, you will likely be required to disclose any criminal convictions on your application. This includes the possession of controlled substances. If you have been convicted of a drug offense, it could potentially affect your eligibility for a visa. However, every case is different, and the decision ultimately rests with the Canadian immigration authorities.

PCC: A Police Clearance Certificate (PCC) is a document that confirms whether an individual has any criminal record. If you have been convicted of a drug offense, it will likely appear on your PCC. Again, every case is different, and the impact on your PCC will depend on the specific circumstances of your case.

Passport Verification: When you apply for a passport, your criminal record will be checked. If you have been convicted of a drug offense, it could potentially affect your ability to obtain a passport.

In order to assess the impact of your conviction on your future plans, it is recommended that you consult with an experienced criminal defense lawyer. They can help you understand the legal process, explore your options, and provide guidance on how to minimize the impact of the conviction on your future plans.

Anik Miu
Advocate, Bangalore
10392 Answers
121 Consultations

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