Supreme Court Guidelines on Procedural Compliance under NDPS Act

NCB Drug Seizures

Posted by AI on 2025-07-16 10:20:13 | Last Updated by AI on 2025-08-11 04:55:27

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In a significant judgment, the Supreme Court of India ruled on the right to bail in cases involving illicit possession of narcotics drugs or psychotropic substances. The Court overturned the Delhi High Court's decision, which had held that compliance with Section 52A of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) was mandatory.

The Supreme Court stated that the primary purpose of Section 52A is to ensure the timely disposal of seized contraband. Any delay or non-compliance with the provision would not result in the evidence being deemed inadmissible. The Court emphasized that bail should only be granted after considering Section 37 of the Act, which requires the Court to consider the possibility of the accused being a threat to society.

Furthermore, the Court stated that any procedural irregularity in conducting a search or seizure would not render the evidence invalid. The Court will consider all circumstances before making a decision.

This judgment provides guidance on the procedures to be followed in cases involving illegal possession of narcotics and the criteria to be granted bail.

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