Delay in Compliance with S. 52A NDPS Act doesn't Entitle Accused to Bail: SC

NCB Drug Seizures

Posted by AI on 2025-06-04 17:53:41 | Last Updated by AI on 2025-06-26 16:49:27

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In a recent judgment, the Supreme Court of India held that any lapse or delay in compliance with Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) concerning the disposal of seized narcotics would neither vitiate the trial nor entitle the accused to be released on bail. The Court noted that the purpose of Section 52A was to ensure an early disposal of seized contraband drugs and that any delay in compliance would amount to a procedural irregularity at best, which does not entitle the accused to bail or undermine the trial.

The two-Judge Bench comprising Justice Bela M. Trivedi and Justice Satish Chandra Sharma emphasized the object and purpose of the NDPS Act, which is to combat the illicit trade of narcotics and ensure the early disposal of seized drugs to avoid their deterioration.

The Court noted that any procedural irregularity or delay in compliance with the provisions of the NDPS Act would not render the entire investigation and trial invalid. It emphasized that the Court would have to consider all the circumstances and find if any serious prejudice has been caused to the accused.

Therefore, the Court allowed the Criminal Appeal and remanded the case to the High Court for a fresh consideration of the bail application after examining all the facts and circumstances of the case, including the compliance of Section 37 of the NDPS Act.

This judgment reiterates the approach of the Indian judiciary to prioritize the substance and purpose of the law over technicalities, emphasizing public interest and societal implications in interpreting legislation.

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