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Section 34: Security for abstaining from commission of offence

Narcotic Drugs and Psychotropic Substances Act, 1985 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 33 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 35

Legal Commentary & Landmark Judgments: Section 34

Section 34 of the NDPS Act empowers the convicting court to order a person convicted of an offence under Chapter IV to execute a bond with or without sureties for a period up to three years to abstain from committing any offence under the Act.

  • Conviction as Condition Precedent: Operates only upon the substantive conviction of a person for an offence punishable under Chapter IV of the NDPS Act.
  • Execution of Preventive Bond: The court may, in addition to substantive sentence, direct the convict to execute a bond with or without sureties for a sum commensurate with their means, for a term up to three years.
  • Application of Criminal Procedure Safeguards: Section 34(2) mandates that the provisions of the Code of Criminal Procedure (Sections 120-124 CrPC / Sections 139-143 BNSS) regarding bond forfeiture and enforcement apply mutatis mutandis to bonds executed under this section.
Key Landmark Precedents:
  • State of Maharashtra v. Vishwanath Dnyanoba Bhosale 2004 Cri LJ 1120 (Bom): The Bombay High Court held that an order under Section 34 requires an express judicial finding that there is reasonable apprehension of the convict relapsing into drug trafficking.
  • Gurcharan Singh v. State of Punjab 1991 (2) Recent Cri Reports 234 (P&H): The High Court affirmed that requiring security under Section 34 cannot be made unreasonably excessive or onerous; bond amounts must be proportionate to the convict's financial condition.
Courtroom Practice & Strategic Litigation Guidance:

When challenging an onerous Section 34 order on appeal, demonstrate that the Special Court failed to record independent reasons regarding likelihood of recidivism. If exorbitant surety amounts are demanded, appeal under Section 374 CrPC (Section 415 BNSS) for reduction of bond conditions.

Section 33 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 35