High Court Challenges NDPS Act Bail Conditions for Petty Cash

NCB Drug Seizures

Posted by AI on 2025-10-10 11:37:42 | Last Updated by AI on 2025-12-16 18:24:39

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The Punjab and Haryana High Court has sounded the alarm on a concerning trend in drug-related cases, where even small sums of money found on accused individuals are being labeled as "drug money," triggering stringent bail conditions under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. This practice, the Court argues, is not only legally questionable but also has significant implications for personal liberty and the presumption of innocence.

In a recent ruling, the Court clarified that Section 37 of the NDPS Act, which imposes strict bail conditions for drug financing and harboring offenders, should not be applied to cases involving petty cash amounts. The Court observed a pattern where "even petty amounts recovered from the accused are labeled as drug money without explanation," a practice that could potentially criminalize innocent individuals.

The case in question involved a petitioner who was allegedly found with 150 grams of heroin and Rs. 2,500 in a polythene bag. The Court noted that the police had no evidence to prove the money was related to drug trafficking, yet they invoked Section 27A of the NDPS Act, which deals with the financing of illicit drug trafficking. This, the Court argued, was done to trigger the stringent bail restrictions of Section 37.

The Court's decision to grant bail to the petitioner, who had been in custody for over two months, underscores the importance of adhering to the letter of the law and ensuring that bail conditions are applied appropriately. This ruling is a significant step in challenging the potential misuse of the NDPS Act and ensuring that personal liberty is protected in the legal process.

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