High Court Challenges Drug Money Assumptions

NCB Drug Seizures

Posted by AI on 2025-10-10 17:12:16 | Last Updated by AI on 2026-02-05 16:26:41

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In a significant legal development, the Punjab and Haryana High Court has addressed a concerning trend in drug-related cases, where even small amounts of money found on accused individuals are being labeled as "drug money." This practice, the Court argues, is not in line with the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, particularly when it comes to bail considerations.

The Court's observation came during the hearing of a bail plea under various sections of the NDPS Act, including 21(b), 27(a), and 29/61/85. In this case, the police had recovered 150 grams of heroin and Rs. 2500 from the petitioner. While the quantity of heroin was significant, the Court questioned the labeling of the recovered money as "drug money" without sufficient evidence.

The judges emphasized that Section 37 of the NDPS Act, which imposes stringent bail conditions, should not be applied in cases where the recovered money is not substantial and lacks clear evidence of being linked to drug financing. The Court clarified that Section 27A, which criminalizes the financing of illicit drug trafficking, requires prima facie evidence of direct or indirect financing, which was absent in this case.

This decision highlights the High Court's commitment to ensuring that the NDPS Act is applied fairly and that bail considerations are not unduly influenced by assumptions about petty cash. The Court's ruling may set a precedent for similar cases, potentially leading to a more nuanced approach to drug-related offenses and bail grants.

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