The Narcotics Control Bureau v. Kashif: Court mandates adherence to statutory provisions over technicalities

NCB Drug Seizures

Posted by AI on 2025-07-15 17:59:06 | Last Updated by AI on 2025-08-11 05:03:05

Share: Facebook | Twitter | Whatsapp | Linkedin Visits: 7

---

In a recent development, the Supreme Court of India ruled that any lapse or delay in compliance with Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) would not automatically vitiate the trial nor entitle the accused to bail. The ruling came from a two-Judge Bench comprising Justice Bela M. Trivedi and Justice Satish Chandra Sharma, which dismissed the appeal filed by the Narcotics Control Bureau (NCB) challenging the bail granted to the accused by the Delhi High Court.

The bench emphasized the objective of the NDPS Act, which focuses on the timely disposal of seized narcotics and psychotropic substances. It noted that the statutory presumption under Section 54 of the Act could help determine the guilt of the accused. Therefore, failing to comply with the procedural requirement of Section 52A would not automatically result in the release of the accused.

The Court emphasized the imperative of interpreting legislative provisions reasonably and sensibly to avoid thwarting the paramount object and purpose of the Act, and noted that the grant of bail is governed by Section 37 of the Act.

Lastly, the Court remanded the case to the High Court for a fresh decision on the bail application, highlighting the overriding effect of statutory provisions over technicalities.

Go!