About Advocate Rohit Dandriyal
Rohit Dandriyal is a leading advocate in Delhi, India. Established in 2015, the Chamber of Rohit Dandriyal is renowned for its excellence in criminal law practice. Mr. Dandriyal, a distinguished criminal lawyer in Delhi, actively practices at the Supreme Court of India, the High Court of Delhi, and all district courts in Delhi. He is particularly noted for his expertise in criminal trial proceedings, bail matters, and especially NDPS bail and trials.
His office is centrally located in Jungpura, Delhi, just 5 km from both the Supreme Court of India and the Delhi High Court. Mr. Dandriyal has been practicing criminal law primarily at the Delhi High Court and the Supreme Court of India since 2015.
The law office has an extensive practice primarily in Delhi, comprising eminent lawyers who meticulously identify and address clients’ needs. The firm believes that no case is indefensible and provides comprehensive legal services under criminal law, from the registration of criminal complaints as FIRs to various stages such as investigation, bail, charge, trial, appeal, and revision.
Our team is organized into four specialized tiers:
• Trial Court Team
• High Court Team
• Supreme Court Team
• Legal Research Team
We offer legal protection to clients from undue police harassment by obtaining stay orders, bail, anticipatory bail, and restraining orders from High Courts. Our firm assists clients at every level of trial as defense counsel, with each lawyer specializing in their respective fields and excelling in solution-oriented approaches. Our litigation practice spans every forum and area of law, tailored to meet the specific needs and requirements of our clients. Our core aim is to serve our clients and secure relief and justice for them within the bounds of the law. Criminal law practice remains our primary area of focus, with significant practice before the Supreme Court of India and High Courts across the country, particularly in Delhi, Uttarakhand, Rajasthan, Allahabad, Lucknow, Mumbai, and Chandigarh
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Advocate Rohit Dandriyal offers specialized legal representation in cases under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which enforces stringent measures against the production, possession, sale, transportation, and consumption of narcotic drugs and psychotropic substances in India. The NDPS Act categorizes substances by quantity—small and commercial—and imposes progressively stricter penalties for larger quantities. Our firm’s expertise in NDPS law and our deep understanding of its procedural nuances enable us to offer our clients effective legal guidance and representation across various Delhi and NCR courts.
Legal Framework and the Role of the Narcotics Control Bureau (NCB)
The Narcotics Control Bureau (NCB) is tasked with enforcing the NDPS Act, handling investigations, seizures, and prosecutions for drug-related cases. The NCB presents its findings to Special Sessions Courts designated for NDPS cases. Our firm ensures strict procedural compliance to defend clients effectively, leveraging any procedural lapses for favorable outcomes, particularly in bail hearings.
NDPS Case Proceedings
Pre-Trial Investigation: NCB initiates cases with comprehensive investigations, which involve seizures, arrests, and the preparation of detailed police reports. For offences involving commercial quantities, the NCB must complete its report within 180 days, while smaller cases require a 60-day timeline.
Trial Phase: The submission of the police report triggers the formal trial process in the Sessions Court, where we provide skilled representation.
Bail Procedures and Legal Relief
The NDPS Act includes provisions for bail, even under challenging conditions like Section 37, which limits bail options for offences involving commercial quantities. Our firm offers adept support in filing both anticipatory and regular bail applications, ensuring that clients have a strong representation from the onset.
Anticipatory Bail: Available for individuals who foresee prosecution, with applications initiated in the Sessions Court and appeal options up to the Supreme Court.
Regular Bail: Available for those already in custody, with escalation routes through higher courts if initial applications are denied.
Comprehensive Legal Services Under the NDPS Act
Our firm offers a wide range of services for individuals and entities facing NDPS charges:
Representation in NDPS Cases: Defense and advocacy throughout all stages of NDPS cases.
Specialized Bail Assistance: Support for both anticipatory and regular bail applications under the restrictive provisions of the NDPS Act.
Classification Guidance: Expert counsel on quantity classifications as outlined in government tables, crucial for understanding the severity of charges.
NDPS Cases and False Allegations
False allegations under the NDPS Act are not uncommon, especially in urban centers like Delhi. Misuse of the law has impacted individuals across social and professional backgrounds. Our firm provides robust legal support for those unjustly accused, ensuring that every client receives fair treatment in court. Advocate Rohit Dandriyal’s experienced NDPS team is committed to defending the rights of clients and upholding justice.
Courts of Practice
We represent clients in all major courts across the Delhi-NCR region, including Saket, Dwarka, Rohini, Tis Hazari, Karkardooma, and Patiala House Courts, as well as district courts in Gurgaon, Noida, and Faridabad.
Advocate Rohit Dandriyal has built a reputation for his successful record in NDPS-related cases, providing clients with focused legal support and timely interventions. Our team of skilled NDPS lawyers in Delhi develops effective defense strategies to uphold clients’ rights and secure their freedom. Recognized as a leading practice for NDPS and NCB cases, we offer strong representation across Delhi’s courts, drawing on our extensive expertise and strategic insights to manage complex cases with precision.
In a rapidly evolving world marked by increasing crime rates and technological advancements, criminal litigation has become more complex and widespread. As crimes rise, the integrity and efficiency of the justice system are often put to the test, leading to widespread concerns about the delivery of justice. This is where criminal lawyers like Advocate Rohit Dandriyal play a crucial role.
The rise in criminal activities has also given rise to a host of malpractices, including corruption and bribery, often within police stations. This has created a sense of distrust in the legal system among citizens. In such an environment, it is the criminal lawyer, with their expertise and integrity, who can guide individuals through the justice process, ensuring that justice is served.
People often find themselves unjustly caught in legal situations—whether as innocent victims of crime or wrongly accused individuals. In such cases, a criminal lawyer, armed with knowledge, wit, and an unwavering commitment to justice, can make all the difference. If you are facing criminal charges or need legal advice, you can connect with Advocate Rohit Dandriyal, a leading criminal lawyer in Delhi, for guidance on your rights and the best course of action.
Criminal Law in India
India’s criminal justice system is primarily governed by three key pieces of legislation:
Bharatiya Nyaya Sanhita, 2023(BNS) – Defines criminal offenses and prescribes punishments.
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – Lays out the procedural framework for investigations, trials, and appeals.
Bharatiya Sakshya Adhiniyam, 2023(BSA) – Governs the rules related to the admissibility of evidence in court.
Together, these laws form the backbone of criminal justice in India. However, the complexity of the system often requires a skilled legal expert to navigate its intricacies effectively.
Key Areas of Expertise
Advocate Rohit Dandriyal provides expert legal counsel and representation in a wide array of criminal law matters, including but not limited to:
Bail, Anticipatory Bail, and Quashing of FIR
Complaints by NRIs Living Abroad
Exemption Applications from Personal Appearance in Court (e.g., under Section 138 of the Negotiable Instruments Act)
Rape, Sexual Harassment, and Other Sexual Offenses
Security Frauds and Cheating
Attempt to Murder and Serious Crimes
Cheating, Forgery, and Misappropriation of Property
Extortion and Illegal Grabbing of Property
Bank Frauds and Financial Crimes
Matrimonial Offenses (e.g., Section 85 of BNS, Domestic Violence, and Criminal Intimidation)
Child Trafficking and Related Crimes
Passport Fraud
Murder, Kidnapping, and Other Serious Criminal Offenses
Filing of FIR and Criminal Complaints
Advocate Dandriyal’s expertise in these areas ensures that clients receive professional legal guidance, and their rights are upheld throughout the judicial process.
Anti-Corruption Laws in India
Brief:
In India, public servants involved in corruption are penalized under multiple legislations, primarily the Prevention of Corruption Act, 1988, and the Indian Penal Code, 1860. Offenses related to money laundering are punishable under the Prevention of Money Laundering Act, 2002, while benami (proxy) transactions are prohibited under the Benami Transactions (Prohibition) Act, 1988.
Original Jurisdiction:
Special jurisdiction in cases under these laws rests with a Sessions Judge or a Special Judge designated for corruption cases, who exercises original jurisdiction in handling such matters.
The Prevention of Corruption Act, 1988:
Under Section 2(c) of the Prevention of Corruption Act, 1988, the term ‘public servant’ includes individuals engaged in various public duties, such as:
1. Government employees or those remunerated by the government for public duties.
2. Individuals in service or pay of local authorities, state corporations, or bodies under government control.
3. Judges and individuals empowered by law for adjudicatory functions.
4. Any individual authorized by the court for justice-related tasks, including liquidators, receivers, or commissioners.
5. Officials involved in electoral processes or public duties.
6. Members of cooperative societies or educational institutions receiving government aid.
7. Service Commission members and staff conducting examinations and selections.
Definition of Criminal Misconduct (Section 13):
According to Section 13, criminal misconduct includes cases where a public servant:
1. Dishonestly misappropriates property entrusted to them.
2. Illicitly enriches themselves while holding office.
Punishment for criminal misconduct includes imprisonment ranging from four to ten years, with fines applicable as determined by the court.
The Indian Penal Code, 1860:
Section 21 of the IPC defines ‘public servant’ broadly, including roles such as:
1. Military and Commissioned Officers.
2. Judges and officers of courts.
3. Arbitrators appointed by courts.
4. Individuals tasked with confinement and justice-related duties.
5. Officers assigned to manage public funds, surveys, or law enforcement.
Punishable Offenses:
Under the IPC, specific sections penalize misconduct by public servants:
• Section 169: Bidding or purchasing restricted property incurs imprisonment up to two years or fines, and the property may be confiscated. (Non-Cognizable, Bailable, Triable by Magistrate of First Class)
• Section 409: Criminal breach of trust by public servants or professionals like bankers can lead to life imprisonment or a term up to ten years with fines. (Cognizable, Non-Bailable, Triable by Magistrate of First Class)
Misappropriation of Assets:
Section 13(b) of the Prevention of Corruption Act defines asset misappropriation by a public servant. Misappropriation is presumed if:
1. The accused is proven to be a public servant.
2. Pecuniary assets in their possession exceed known income sources.
3. These assets are disproportionate to legitimate income sources.
Ingredients for Substantiating Misappropriation Charges:
To prove misappropriation:
1. The accused must be identified as a public servant.
2. Pecuniary assets must be precisely documented.
3. The extent of the accused’s lawful income must be established.
4. Evidence must indicate the assets exceed lawful income.
If these elements are proven, the onus shifts to the accused to justify the excess assets. Failure to provide a satisfactory explanation completes the offense of misappropriation, leading to penalties under the Prevention of Corruption Act.
