Narcotic Drugs and Psychotropic Substances Act, 1985

The case arose from allegations of irregularities in the grant of an advance licence for import of cotton fabrics, leading to a criminal complaint against a company, its directors and four public servants under the IPC, Prevention of Corruption Act and Customs Act. The company and its directors filed a declaration unde…

Mukesh Singh challenged his conviction under the NDPS Act on the ground that the police officer who lodged the FIR was also the investigating officer, alleging that this dual role vitiated the trial. The Supreme Court examined the statutory scheme of the CrPC (ss.154, 156, 157) and the NDPS Act (ss.41‑44, 50‑53, 58, 35…

The police intercepted a car on a highway in Himachal Pradesh and, after a mechanic opened concealed compartments, recovered 27.8 kg of charas. Two 50‑gram samples were sent to the forensic laboratory where they weighed 65.5606 grams, leading the accused to argue that the weight discrepancy undermined the prosecution's…

The appellant Surinder Kumar Khanna was convicted under Sections 21(c) and 29 of the NDPS Act on the basis of statements made by co‑accused Raj Kumar and Surinder Pal Singh, who named him as a participant in a heroin trafficking operation. The High Court upheld the conviction despite the lack of any direct material lin…

The State of Haryana secured a conviction under Section 17 of the NDPS Act for possession of 1.5 kg of opium seized after police stopped the accused at a railway station on suspicion. The Punjab and Haryana High Court acquitted the accused, holding that Section 50 of the NDPS Act was violated, that elaborate reasons fo…

The case concerned the conviction of Bal Mukund, Basanti Lal and a third accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 based primarily on confessional statements recorded after a raid conducted on secret information. The Supreme Court held that the police failed to comply with mandatory statuto…

The accused, Ratan Lal, was found in possession of a bag containing a large quantity of opium. The trial court acquitted him on the ground that the mandatory requirements of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were not complied with, and the High Court refused the State’s request for …

The State alleged that Jarooparam was found in possession of 7.2 kg of opium, from which two 30‑gram samples were taken and the remainder was supposedly destroyed under Section 52A of the NDPS Act. The trial court convicted him, but the High Court acquitted, holding that the bulk seized material was never disposed of b…

The State of Himachal Pradesh charged Shri Pirthi Chand under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 after police seized 1.015 kg of charas following a raid based on secret information. The Sessions Judge discharged the accused, holding that the mandatory safeguards of Section 50 of the …

Special Courts were created under the Essential Commodities (Special Provisions) Act, 1981 to try offences under the Essential Commodities Act, 1955, and later were also empowered to try NDPS offences. The EC (Special Provisions) Act lapsed in 1998, causing those courts to lose jurisdiction over EC cases, although they…

The appellant, Sushanta Kumar Banik, was detained under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 on the basis of two FIRs for alleged drug trafficking. The State of Tripura sought preventive detention, arguing that he was a habitual offender, while the ap…

The appellant, Sanjeet Kumar Singh, was convicted under the NDNDPS Act for possession of 47.37 kg of ganja after a police search of his car. The prosecution’s case relied heavily on the testimony of PW‑7, a police officer who was both the informant and the investigating officer, and on his claim that the search was con…

In 1997 a raid at the residence of Ram Samujh recovered five kilograms of opium. The Sessions Judge denied his bail application, but the Allahabad High Court later granted bail without addressing the mandatory conditions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Union of India appea…

The respondents were convicted under the NDPS Act for transporting 750 kg of poppy husk after a seizure in 2009. They appealed their convictions, and the High Court acquitted them, relying solely on the principle from Mohan Lal v. State of Punjab that an informant cannot also be the investigator. The State of Punjab ch…

Vijay Pandey was seized at his doorstep in the early morning with a plastic packet allegedly containing 10 kg of opium. The prosecution’s case relied solely on police witnesses, with no independent witness from the locality and no recovery memo as required under Section 50 of the NDPS Act. Although a laboratory report …

On 4 July 2003, the appellant Harjit Singh was stopped by police and found carrying a plastic bag containing 7.10 kg of opium. He was convicted under Section 18 of the NDPS Act and sentenced to ten years' rigorous imprisonment. The appellant contended that, because the opium contained only 0.8% morphine (56.96 g), the …

The petitioner, Babua, was charged under the Narcotic Drugs and Psychotropic Substances Act, 1985 for allegedly abetting a conspiracy to possess and sell cannabis and other drugs. The charge was based on statements of a co‑accused who said Babua worked for the alleged drug dealer. The petitioner applied for bail, argui…

The Supreme Court considered whether officers invested with powers under Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) are 'police officers' within the meaning of Section 25 of the Indian Evidence Act, 1872, and whether a statement recorded under Section 67 of the NDPS Act can be use…

The Supreme Court, hearing a Constitution Bench reference arising from Criminal Appeal No. 943 of 2005, examined the scope of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which governs personal searches. The Court considered whether the provision imposes a mandatory duty on the empowered offi…

While on patrol at a bus stand in Upleta, police observed the accused flee upon seeing them, intercepted him, and searched him in the presence of two Panchas, discovering about 12 grams of charas. The accused was convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the conviction was affirmed b…

The appellant, Ritesh Chakravarti, was convicted under Section 8 of the NDPS Act for allegedly possessing 1,300 kg of opium seized during a raid based on a secret informer’s tip. The raid was led by a team that included Inspectors Sabiha Khatun and S.K. Bajpai, but only Sub‑Inspector Girwar Puri was examined, and his t…

Durand Didier, a French national, was stopped by police in Goa after accelerating his motorcycle and falling without injury. A search of his bike and attached bag, witnessed by two pancha witnesses, uncovered brown sugar, ganja oil and opium concealed in various items. Samples sent to a chemical analyst confirmed the p…

The Supreme Court examined two criminal appeals arising from convictions under the Narcotic Drugs and Psychotropic Substances (NDPS) Act where police officers had acted on prior information without first recording it in writing or sending a copy to their superior as required by Section 42. Conflicting precedents – Abdu…

The police stopped a jeep at a check post in Pithoragarh and, after offering to search and in the presence of a gazetted officer and a magistrate, seized 2.1 kg of charas from a boy identified as Mahiman Singh, constituting a commercial quantity under the NDPS Act. He was charged under Section 20 of the NDPS Act, convi…

The petitioners, convicted under the NDPS Act and sentenced to more than ten years' rigorous imprisonment, sought a writ of mandamus under Article 32 directing the authorities to grant them remission as per the Punjab Jail Manual. The Court examined whether Section 32A of the NDPS Act bars such remission and whether Ar…

The State of Rajasthan appealed the acquittal of Jag Raj Singh (alias Hansa) for possession of opium recovered from a jeep. The Supreme Court examined whether the police complied with the mandatory provisions of Sections 42(1) and 42(2) of the NDPS Act when they acted on secret information and conducted the search. It …

The appellant was convicted under Section 21 of the NDPS Act for possession of 250 grams of heroin seized during a raid by N.C.B. officers at his residence. The raid was led by a gazetted officer, and the appellant was offered in writing a choice to be searched by a gazetted officer or a magistrate, to which he consent…

The police, including a Superintendent of Police, stopped a tanker on a public highway and searched it, discovering 73 gunny bags of poppy husk. The accused were convicted under Section 15 of the NDPS Act, but the High Court acquitted them, holding that Sections 42 and 50 of the NDPS Act were not complied with. On appe…

Tara Singh was apprehended carrying 8 kg of opium in a gunny bag on his head. He was searched under Section 50 of the NDPS Act, samples were taken and sent to a laboratory, and he was convicted and sentenced to ten years' imprisonment and a fine. The High Court set aside the conviction on two grounds: non‑compliance wi…

The Narcotic Control Bureau appealed against a High Court order that suspended the ten‑year rigorous imprisonment sentence of Lakhwinder Singh, convicted under the NDPS Act, and granted him bail pending appeal after he had served 4½ years. The issue was whether the appellate court could grant such relief when the convi…

Raghbir Singh was caught with opium during a police raid and was offered the choice of being searched by the police officer or before a Gazetted Officer; he chose the latter and the search yielded the contraband. He was convicted under Section 18 of the NDPS Act and sentenced to ten years' rigorous imprisonment. On app…

The respondents were arrested for offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and were denied bail, leading them to file writ and criminal miscellaneous petitions seeking bail under Section 167(2) of the Code of Criminal Procedure (CrPC) on grounds of delayed charge‑sheet and illness. The D…

The appellant and a co-accused were intercepted while travelling in a car and six bags of poppy husk were seized from the vehicle. The appellant challenged the conviction under the NDPS Act, contending that the investigating officers had violated Sections 50 and 57 of the Act. The Supreme Court examined whether Section…

The State of Punjab charged Jasbir Singh with possession of 70 bags of poppy husk without a licence under the Narcotic Drugs and Psychotropic Substances Act, 1985. Police intercepted the contraband but failed to obtain a written waiver from the accused confirming they had no objection to the search and were informed of…

The Supreme Court examined bail applications of two accused under the Unlawful Activities (Prevention) Act, 1967 (UAPA) for alleged offences under Sections 38, 39 and 13. The Court held that the charge‑sheet material did not show reasonable grounds to believe that the accusations under Sections 38 and 39 were prima fac…

Gurjant Singh (Janta) was seized with three gunny bags containing poppy husk while riding a tractor trolley. The police officer who stopped the vehicle offered the appellant the right to have the search conducted in the presence of a gazetted officer or magistrate as required by Section 50 of the NDPS Act, and the appe…

The appellant, a Kuwaiti national, was caught at Quilon railway station with 780 grams of charas and was convicted under Section 20(b)(ii) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, receiving 11 years' rigorous imprisonment and a fine of Rs.1 lakh. The High Court reduced the term to 10 years but uphe…

The case arose from a raid on a godown in Ahmedabad where 55 boxes containing 1,364 kg of ephedrine, a controlled substance under the NDPS (Regulation of Controlled Substances) Order 2013, were seized. Four appellants were convicted under Sections 25A and 29 of the NDPS Act based largely on the confessional statement o…

The case arose from the Bhima‑Koregaon violence of December 2017, after which the National Investigation Agency (NIA) expanded the investigation, searched the residences of several activists and arrested Vernon Gonsalves and Arun Ferreira. The prosecution alleged that the two were members of the banned CPI (Maoist) and…

The Union of India appealed against a Calcutta High Court order that released two accused, Niyazuddin SK and Asif Aslam, on bail in a narcotics case involving a commercial quantity of drugs. The public prosecutor had opposed the bail application, but the High Court granted bail without addressing the special conditions…

The respondent Bheru Lal was arrested for possession of opium after a police trap was set up based on information from a reliable informer. The search, seizure and arrest were carried out by Sub‑Inspector Parveen Vyas, who was temporarily in charge of the Station House Officer (SHO) at the time. The High Court acquitte…

The appellant, a hotel servant, was arrested after 2.1 kg of opium was recovered from a hotel room and he made two confessional statements to officers of the Central Bureau of Narcotics (CBN). The trial court convicted him under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, relying on …

The State of Rajasthan charged Daul @ Daulat Giri under Sections 8 and 18 of the NDPS Act for possession of about 6 kg of opium. During the seizure, samples were taken, sealed, and passed through a chain of custody involving the SHO, the Malkhana in‑charge, a police officer (PW5) and a person identified as 'J' (Jamnala…

The appellant, Mohd Muslim, was arrested in 2015 in connection with a seizure of 180 kg of ganja and charged under Sections 20, 25 and 29 of the NDPS Act. The prosecution relied on statements of co‑accused, the appellant’s confessional statement and bank‑transaction records, but failed to produce any direct evidence li…

The Narcotics Control Bureau seized a large quantity of alleged heroin from Man Singh Verma, who was arrested and placed in judicial custody. After two laboratory tests returned negative results, the Special Judge ordered his release on 10 April 2023. Despite his release, the Allahabad High Court entertained a pending …

The appellants, Royden Harold Buthello and his father, alleged that the appellant was illegally abducted in Odisha on 20 October 2020 and subsequently framed in a narcotics case in Raipur on 21 October 2020. They sought a direction from the High Court to transfer the investigation to the Central Bureau of Investigation…

The State of Rajasthan prosecuted Parmanand and Surajmal for possession of 9.6 kg of opium under the NDPS Act. The police seized the opium from a bag carried by Parmanand after conducting a bag search and personal searches of both accused, but the accused were only given a joint written notice of their right under Sect…

Ghasita Sahu was convicted under the NDPS Act for possession of 17.75 kg of ganja after his house was searched by the investigating officer, who offered him the option of a search in the presence of a gazetted officer, which he declined. The appellant challenged the legality of the search, arguing that the panchas pres…

The appellant, owner of a tanker lorry, was stopped by police on routine patrol at 5:30 a.m. and a search revealed over 5 kg of opium concealed in the vehicle. He was convicted under Section 17 of the NDPS Act. On appeal, he challenged the validity of the search under Sections 42 and 50 of the NDPS Act, alleged tamperi…

The appellant was found in possession of six ampoules of buprenorphine, a psychotropic substance, and was convicted under Section 20(b)(i) read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He claimed the drug was for personal medical use as prescribed by his doctor. The trial court ignore…

The State of Rajasthan charged Sahi Ram under Sections 8 and 15 of the NDPS Act for possession of 223 kg of poppy husk seized from his vehicle. The trial court convicted him, but the High Court acquitted on the ground that the entire bulk of contraband was not produced before the court, deeming the prosecution's eviden…

Sardara Singh was acquitted by the trial court of offences under Section 15 of the NDPS Act. The State of Himachal Pradesh filed an application under Section 378(3) of the CrPC seeking leave to appeal the acquittal. The Himachal Pradesh High Court dismissed the application summarily with a one‑word order, "Dismissed", …

The appellant, NARESH KUMAR alias NITU, was alleged to have been apprehended at Majhotli with two kilograms of charas, based on police testimony. An independent witness, PW‑2, testified that he was stopped by police later in the day and did not see any seizure of the appellant. The bus ticket showed the appellant board…

The appellant (Accused No.2) and his co‑accused were convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 for unauthorised export of alprazolam, lorazepam and nitrazepam, drugs listed in the Schedule of the Act. The appellant contended that the alleged offence should be dealt with under the D…

The petitioner was arrested after a joint operation by the Indian Coast Guard and DRI seized over 236 kg of heroin from a Pakistani vessel near Jakhau Port, Gujarat. The prosecution alleged that the petitioner, aboard an Indian fishing boat, responded to a VHF call intended for the drug handover, indicating his role as…

The appellant was intercepted on a bus after a tip-off and, after being informed of his right to be searched before a Magistrate or Gazetted Officer, gave written consent to the police and was searched, leading to the seizure of about 2.5 kg of charas. He was convicted under Section 20 of the NDPS Act and sentenced to …

Satpal Singh was charged under Sections 22 and 29 of the NDPS Act and applied for anticipatory bail under Section 438 of the CrPC, claiming parity with his brothers who had been granted anticipatory bail by a coordinate bench of the Punjab and Haryana High Court. The High Court rejected his application, noting that the…

The Supreme Court entertained a public‑interest writ under Article 32 filed by Shaheen Welfare Association seeking the release of under‑trial detainees under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) where evidence was lacking or procedural safeguards were not observed. The Court observed th…

The appellants, brothers Daulat Ram and Mangilal, cultivated opium under a licence held by their mother and failed to declare the entire yield to the Lambardar as required by Rule 13 of the NDPS Rules. During a raid, concealed opium was recovered from pits they had dug, and both accused confessed to withholding the opi…

The appellants, Smt. Krishna Kanwar and co‑accused, were seized with heroin after a police interception and were convicted under Sections 8 and 21 of the NDPS Act. They challenged the conviction on the ground that the prosecution had breached procedural requirements of Sections 42, 50 and 57 of the NDPS Act, alleging l…

The appellant, accused under the NDPS Act, was remanded to judicial custody on 4 August 2018. After the statutory period of 180 days elapsed on 31 January 2019, he filed an application for default bail under Section 167(2) of the CrPC on 1 February 2019, offering to furnish bail. While the bail application was being he…

The appellant Raveen Kumar was stopped by police near the HP‑J&K border and charas weighing 1 kg 230 g was seized from his van. The trial court acquitted him, relying on a prosecution reply to a bail application that suggested prior knowledge of the appellant, deeming the seizure not a "chance recovery". The High Court…

The appellants, Rajesh Dhiman and Gulshan Rana, were stopped by police while riding a motorcycle and a search of a backpack on Dhiman yielded 3.1 kg of charas. The trial court acquitted them, holding that the prosecution had not proved the charge beyond reasonable doubt, especially because the complainant (PW‑8) was al…

The accused were stopped while transporting 18 gunny bags of poppy husk on a bullock‑cart and were charged under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court convicted them, but the Punjab and Haryana High Court acquitted on the ground that the mandatory requirements of Sectio…

The former Tamil Nadu Transport Minister V. Senthil Balaji was arrested under the Prevention of Money Laundering Act (PMLA) for alleged involvement in a large‑scale job‑racketeering scheme, with the Enforcement Directorate filing a complaint under Section 3 of the PMLA punishable under Section 4. The High Court rejecte…

The Supreme Court examined disciplinary proceedings against a district judge who was charged with granting bail without noticing a High Court order and for closing evidence in an NDPS case without ensuring witness production. The Court held that Article 235 vests control of subordinate courts in the High Courts, but di…

The appellant, Sayed Abul Ala, was arrested for possession of large quantities of heroin and other narcotics and was remanded to judicial custody. While still in custody, he was detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 on the ground that he was likely to b…

The petitioners were arrested in March 1988 for alleged narcotics offences and were remanded to jail. Because the charge-sheet was filed after the statutory 90‑day period, the Chief Metropolitan Magistrate released them on bail under proviso (a) to Section 167(2) of the Criminal Procedure Code. After the charge-sheet w…

The appellant, Bahadur Singh, was apprehended during a police nakabandi and a bag he was carrying yielded 10 kg of opium. The trial court acquitted him, finding the prosecution story doubtful and noting that a press note about the seizure did not mention him. The High Court reversed, holding that Section 50 of the NDPS…

The appellant State of Punjab appealed the Punjab and Haryana High Court's acquittal of Ram Pal, who had been convicted under Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The High Court had set aside the conviction on the ground that conscious possession of the narcotic article was not establ…

The appellant, Sajan Abraham, was found in possession of 25 ampoules of the psychotropic drug Buprenorphine Hydrochloride (Tidigesic) and three syringes, and was charged under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The trial court acquitted him, but the Kerala High Court set asid…

The Supreme Court examined whether it could compel Parliament to enact a law disqualifying candidates against whom serious criminal charges have been framed and whether it could direct the Election Commission to deny such candidates the use of a party's reserved symbol. The Court held that disqualification is a matter …

The State of Rajasthan appealed against a Special Judge's order granting Rs.1,50,000 compensation to two accused persons, Jainudeen and Shabbir, who were acquitted under the NDNDPS Act after a forensic report, delayed by two years, showed no contraband. The trial judge had based the compensation on alleged malice and t…

Om Prakash (Baba) was arrested after police raided a house and recovered a large quantity of charas, opium and ganja. He was convicted by the trial court and the conviction was affirmed by the High Court under Sections 8/18, 8/20(B)(ii) and 8/20(B)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985. On appe…

The appellant Ahmed was found in possession of 9 g of charas after a search of his person by an empowered gazetted officer following a raid based on prior information. During the search the accused requested to be taken before a magistrate or another gazetted officer, but the police refused. He was convicted under Sect…

The appellant State of Punjab proved that the accused, Swaran Singh, was apprehended on 17 May 1992 with a plastic bag containing approximately 5 kg of opium; a 10‑gram sample was taken, sealed and sent for forensic analysis, and the chain of custody was testified to by PW‑1 and PW‑4. The accused was examined under Sec…

Harbhajan Singh, the registered owner of a truck that overturned and was found with narcotic powder, was convicted under Section 25 of the NDNDPS Act for allegedly permitting the vehicle's use in a drug offence. The prosecution relied on two witnesses who initially identified the driver and cleaner and named the owner,…

The respondent, Sheo Shambhu Giri, was convicted under Section 23 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly importing or exporting ganja. The High Court set aside the conviction, holding that the prosecution failed to prove that the seized contraband was of foreign origin or that it was…

Sarvsheel Mago alleged that a police officer (respondent No.4) in collusion with private individuals (respondents No.5 and 6) repeatedly searched his vehicle and falsely implicated him for possession of contraband drugs, despite no incriminating material being found. He filed a petition under Section 482 of the Crimina…

On 11 September 2010, Sub‑Inspector K.S. Singh, acting on information, apprehended Dayalu Kashyap who was carrying ganja in a green polythene bag on a wooden kanwad. The officer served a notice under Section 50 of the NDPS Act, offering Kashyap the choice of being searched by a gazetted officer, a magistrate, or the of…

The Central Bureau of Narcotics alleged that Bahadur Singh, a servant in a dhaba, was found with a key that opened a locked box containing 17.45 kg of opium. The trial court convicted him under Sections 8 and 18 of the NDPS Act, but the Rajasthan High Court acquitted him, holding that there were no reliable independent…

The appellants were stopped on a scooter and opium was seized from the vehicle, leading to their arrest under the NDPS Act. The trial court acquitted them, holding that the search and seizure were vitiated because Sections 42 and 50 of the NDPS Act were not complied with and the seizure witnesses were hostile. The High…

The appellants were convicted under several provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to twenty years' rigorous imprisonment. They appealed to the High Court, but the counsel appointed for them by the Legal Aid Committee failed to appear. The High Court, assisted by a panel la…

The wife of a man detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act was served a show‑cause notice under Chapter V‑A of the NDPS Act for alleged illegal acquisition of properties. The Appellate Tribunal ordered confiscation of the flats; the Bombay High Court dismissed t…

The case concerned L.D. Balam Singh, an Indian Army officer, who was tried by a General Court Martial under Section 69 of the Army Act for an offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The High Court had set aside his conviction on the ground that the search and se…

The State of Punjab charged Balwant Rai under Section 15 of the NDPS Act for possessing 15 bags of poppy husk. Police, acting on secret information, found the accused sitting on the bags and searched the bags, discovering poppy husk, while a personal search of the accused yielded only Rs.200. The trial court convicted …

A senior District & Sessions Judge (the appellant) granted bail to two accused under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The Patna High Court Single Judge cancelled the bail and harshly criticised the judge, alleging extraneous considerations, ignorance of Section 37, an…

The State of Kerala prosecuted several accused for possession of large quantities of hashish oil, a commercial quantity under the NDPS Act. The High Court granted post‑arrest bail to the accused without recording the mandatory findings required by Section 37 of the NDPS Act. The State appealed, arguing that bail could …

The Supreme Court examined the constitutional validity of Section 45(1) of the Prevention of Money Laundering Act, 2002, which imposes two additional conditions for granting bail when the offence involves a scheduled offence punishable with imprisonment of more than three years under Part A of the Schedule. The Court h…

The police, acting on secret information, seized four sealed bags containing 150 kg of poppy husk from the appellant's residence. No samples were taken at the time of seizure; instead, the Station House Officer later broke the seals, mixed the contents, and collected samples before resealing the bags. The appellant was…

Man Bahadur was convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act after a search was conducted without informing him of his statutory right to be searched before a gazetted officer or a magistrate as mandated by Section 50 of the Act. The search memo and other documents failed to show any such c…

The police, acting on a tip, stopped Daulat Ram who was carrying a bag on his head and offered him a choice under Section 50 of the NDPS Act to be searched before a magistrate, a gazetted officer, or the SHO; he chose the SHO. The bag was opened and contraband opium was found, leading to his conviction under Sections 8…

The appellants were seized at night while travelling in a jeep that contained ten bags of poppy husk (total 410 kg). They were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to ten years of rigorous imprisonment. On appeal they argued that the prosecution failed to …

The State of Punjab prosecuted Leela under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk. The trial court convicted him, sentencing him to 11 years' rigorous imprisonment and a fine. On appeal, the Punjab & Haryana High Court acquitted Leela, holding that no indepen…

The trial court convicted Nirmal Singh under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possessing poppy husk recovered from his house and sentenced him to ten years' rigorous imprisonment and a fine. The Punjab and Haryana High Court acquitted him, holding that the parameters of Section…

Shiv Kumar Mishra was convicted under Section 20(b)(ii)(B) of the NDPS Act for possession of 1.31 kg of ganja and sentenced to three years' rigorous imprisonment. He appealed, arguing that the weight should exclude seeds, leaves, and moisture, which would reduce the quantity below the 1 kg threshold for a 'small quanti…

Thana Singh, an undertrial accused of an offence under the NDPS Act, had been detained for over twelve years without trial despite repeated bail refusals. The Supreme Court examined whether such prolonged detention violated the right to speedy trial under Article 21 of the Constitution. Relying on earlier decisions tha…

The respondent, Ratian Mallik, was convicted under Sections 27A and 29 of the NDNDPS Act for financing and trading 14.9 kg of heroin and sentenced to ten years' rigorous imprisonment for each offence along with fines. He appealed the conviction and, while his appeal was pending, sought suspension of the sentence and ba…

Three men were stopped by police while travelling in a car and, after giving consent, were searched in the presence of village panchas. Opium packets were recovered from their persons and from the vehicle, leading to conviction under Sections 8 and 18 of the NDPS Act and a ten‑year rigorous imprisonment sentence. The a…

The case arose from a 2005 drug seizure in Chandigarh where the Narcotics Control Bureau (NCB) recovered heroin from a car driven by Satnam Singh and later arrested Balwinder Singh based on a confession recorded under Section 67 of the NDPS Act. The High Court had upheld both convictions, relying on the confessional st…

The Narcotics Control Bureau intercepted a vehicle traveling from Dimapur to Rampur and discovered 3.3 kg of heroin concealed under the wiper of the car. The three occupants, including Md. Nawaz Khan, were arrested; a personal search of Khan revealed no contraband, but the drug was found in the vehicle. The trial court…

The Supreme Court examined whether, for purposes of determining "small" or "commercial" quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985, the weight of neutral substances mixed with a narcotic drug should be counted. The Court rejected the view in E. Micheal Raj that only the pure drug content ma…

The trial court convicted Surjit Singh and another accused under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk seized by police. The prosecution relied on the testimony of several official witnesses, while an independent witness, Karnail Singh, who had participated …

Manoharlal appealed against his conviction under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, contending that Section 50 was not complied with because he was not given a choice to be searched in the presence of a gazetted officer or a magistrate. The petitioner argued that the statute obliges the accused …

The appellant, a police constable, was summoned to the Senior Superintendent's office and allegedly detained illegally for six days during which he suffered severe genital mutilation and other injuries, as confirmed by medical reports. His wife complained to the police seeking registration of an FIR against the officia…

The appellant, Nikku Khan (Mohammadeen), was stopped by police on 1 June 2003 and heroin weighing 740 grams was seized from his person. Laboratory analysis showed the heroin had a purity of 16.93%, equating to approximately 125 grams of pure heroin. Under the NDPS Act, the commercial quantity of heroin is prescribed as…

During a joint operation in January 1999, Nirmal Singh was apprehended and offered a choice to be searched before a magistrate or a gazetted officer under Section 50 of the ND PS Act. He chose a gazetted officer, and a search uncovered two kilograms of heroin; he also made a confession to a customs officer under Sectio…

The Supreme Court examined a batch of appeals concerning searches under the Narcotic Drugs and Psychotropic Substances Act, 1985. It held that an empowered officer must inform a suspect of his right to be searched before a Gazetted Officer or Magistrate, and that this duty is imperative, not merely directory. Failure t…

The accused were stopped by a police patrol team on a public road after an informer disclosed that they possessed opium. The police, aided by senior officers, searched the scooter and recovered opium, leading to conviction under Section 17 of the NDPS Act. The accused appealed, arguing that the conviction was invalid b…

Ram Swaroop was seized with 64 kg of poppy straw powder packed in 32 bags by police officers Sub‑Inspector Ritesh Kumar and Constable Balwant Singh and was convicted under Section 15 of the NDPS Act, receiving ten years' rigorous imprisonment and a fine. On appeal he contended that (i) the prosecution relied solely on …

The appellant was intercepted while driving a vehicle and, after refusing a search by a gazetted officer or magistrate, consented to a police search during which three bags containing 120 kg of poppy husk were seized. The prosecution’s case rested mainly on the testimony of official police witnesses, while two independ…

Contraband narcotics were recovered from a room owned by Pritam Singh, which the prosecution alleged had been leased to the accused, Malkiat Singh. The trial court convicted Malkiat Singh under section 15 of the NDPS Act, but the Punjab and Haryana High Court acquitted him, holding that the lease deed was not on record…

The respondent, Babu Lal, was convicted by a trial court under Section 81(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of a large quantity of brown sugar. The Rajasthan High Court set aside the conviction, holding that the prosecution had failed to comply with the mandatory requirement …

The State of Rajasthan charged Shanti and her family with offences under the NDPS Act for possession and sale of opium. Police, acting on a tip, stopped Shanti, seized 10 kg of opium from her bag and later recovered another 20 kg from her residence, also arresting her husband Shankar Lal. The trial court found violatio…

The appellant, T.T. Haneefa, was arrested on a public road after police, acting on prior information, suspected him of carrying narcotic drugs. He was informed of his right under Section 50 of the NDPS Act to be searched in the presence of a magistrate or gazetted officer and he declined that option. A search was then …

The appellants, Muniyandi and Jeevanantham, were convicted under Sections 8(c) and 20(b)(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of hashish. The investigating officer, a police inspector, received information about drug sales, conducted a search, recovered the narcotic, prepared th…

Actress Ragini Dwivedi was arrested after a police search of her residence, which yielded only electronic devices and cigarettes, no narcotics. The prosecution relied on a statement by B.K. Ravishankar and alleged that she consumed drugs at parties, invoking Section 37 of the NDPS Act to deny bail, citing a total seizu…

The case arose from allegations that a piece of evidence (an underwear) seized in a 1990 NDPS case was tampered with after being released from judicial custody, leading to the conviction of an Australian national being set aside and a subsequent FIR being lodged against court staff and a junior lawyer for conspiracy an…

Two offences under the NDPS Act were investigated – one for contraband recovered from a car in Hyderabad and another for contraband seized from a factory in Maharashtra. A combined complaint covering both offences was filed in the Special Court at Omerga on 6 July 2018, well within the 180‑day period prescribed for fil…

The police seized about 20 kg of poppy husk from the accused Nirmal Kaur and others, and chemical analysis showed the presence of morphine and meconic acid. The trial court convicted them under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possessing commercial quantity of poppy straw, but …

The appellant Sanjay Kumar Kedia was arrested under the NDPS Act and his custody was extended twice under Section 36A(4) of the Act. The extensions were granted on applications that did not contain a report from the public prosecutor indicating investigation progress or compelling reasons, nor were notices given to the…

Hardip Singh was found in possession of 7 kg of opium during a police search and was convicted under Section 18 of the NDPS Act, receiving ten years' rigorous imprisonment. He appealed, alleging that the investigating officer, Inspector Jarnail Singh, bore a personal grudge stemming from a prior vehicle accident and th…

Vijay Jain and co‑accused were convicted under Section 8/21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for alleged possession of brown sugar seized during a police raid. The trial court and the High Court held that the seized contraband had been produced in court, despite the fact that the brown su…

The Narcotics Central Bureau appealed a Delhi High Court order that set aside the conviction of Sukh Dev Raj Sodhi on the ground that Section 50 of the NDPS Act had not been complied with. The High Court held that merely informing the accused of his option to be searched in the presence of a gazetted officer or a magis…

The appellant was caught selling brown sugar on 23 February 2000; a police search of his shirt pocket yielded six small packets containing 1.2 g of the narcotic. He was convicted under section 21 of the NDPS Act and sentenced to ten years’ imprisonment and a fine. On appeal, he argued that the small quantity should be …

The appellant, Dr. Subhash Kashinath Mahajan, a senior government official, was charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for refusing sanction to prosecute two senior officers who had made adverse entries in his service record. He sought anticipatory bail and the quashing o…

Khet Singh was apprehended while travelling in a truck that contained a polythene bag of opium. The contraband was seized and samples were taken at the Customs Office, but the seizure mahazar was not prepared at the spot of recovery as required by the NDPS Act and related standing instructions. The appellant contended …

Mohammad Aslam Khan was convicted under Section 22 read with Section 8(c) of the NDPS Act for possession of 50,000 Mandrex tablets seized from flat No.102 in Andheri. The prosecution relied on an agreement allegedly signed by the appellant, seized from the premises, and on statements made by the appellant under Section…

The Narcotics Control Bureau (NCB) seized large quantities of Tramadol and Zolpidem tablets in multiple operations and arrested Kashif and co‑accused. Kashif applied for bail, which the Delhi High Court granted solely on the ground that the NCB had not complied with Section 52A of the NDPS Act within a reasonable time,…

The State prosecuted Vishwanath Maranna Shetty, accused No.9 in a Maharashtra Control of Organized Crime Act (MCOCA) case, alleging that he managed funds for an organised crime syndicate and abetted the murder of Farid Tanasha. The Special Court denied his bail application, but the Bombay High Court later granted bail.…

The Commissioner of Excise cancelled the wholesale and retail licences of Manoj Ali (respondent) and forfeited his security on the ground that a large quantity of IMFL and beer was seized from a room in the premises, which the department claimed was under his possession. The respondent contended that the seized stock b…

The appellant, Amarsingh Ramjibhai Barot, was intercepted by police along with a co-accused and was found in possession of 920 grams of a black liquid suspected to be opium; the co-accused possessed 4.250 kg. Samples sent to the Forensic Science Laboratory were reported as opium containing 2.8% anhydride morphine. The …

The Supreme Court examined the appeal of four accused convicted under the NDPS Act for a large heroin seizure. The appellants contended that their confessional statements recorded under Section 67 were involuntary, obtained through torture, and inadmissible because they were made to Revenue Intelligence officers rather…

The police received a secret telephonic tip that charas was being transported in a car, recorded the information and promptly transmitted it to the Superintendent of Police as required under Section 42 of the NDPS Act. A raiding party intercepted the vehicle, seized a bag containing charas, and sent sealed samples for …

The Narcotics Control Bureau (NCB) sought to overturn a Delhi High Court order that granted post‑arrest bail to Mohit Aggarwal, who was charged under Sections 8, 22 and 29 of the NDPS Act. Aggarwal had made a statement under Section 67 of the NDPS Act, implicating himself and co‑accused in a large drug seizure, but the…

The State of Punjab appealed the acquittal of Labh Singh and others under the Narcotic Drugs and Psychotropic Substances Act, 1985, arguing that the trial court erred by not considering the violation of Section 50, which mandates that an accused be informed of his right to be searched in the presence of a gazetted offi…

Kusha Duruka, accused under the NDPS Act, filed multiple bail applications after his arrest on 3 February 2022. The first bail request was rejected by the Sessions Court, and a subsequent application before the Odisha High Court was also dismissed, while his co‑accused was granted bail. During the pendency of a Special…

The appellant was apprehended on suspicion of possessing one kilogram of opium and, after opting for a search before a Gazetted Officer, was searched and the narcotic was recovered. The investigation was initiated by Sub‑Inspector Satbir Singh, who also lodged the complaint, leading the appellant to argue that the inve…

The appellants Jitendra and Sheela were arrested after police searched a scooter and a house, seizing charas and ganja. The prosecution relied on police testimony and a panchanama, but the seized drugs were never produced in court, the investigating officer was not examined, and key witnesses turned hostile. The High C…

The appellants were apprehended in a truck carrying 640 kg of poppy husk at an odd hour; two were sitting on the bags and one was driving. They were convicted under Section 15 of the NDPS Act on the basis of presumptions of possession under Sections 54 and 35 of the Act, without any direct evidence of custody or contro…

The appellant, Sebil Elanjimpally, was charged under Section 20(b)(ii)(C) of the NDPS Act and had been in judicial custody for nearly three years. He applied for bail for the second time, but the High Court rejected the application, stating that a co‑accused who had been released on bail had failed to surrender. The ap…

The Narcotics Control Bureau (NCB) appealed a Bombay High Court order that granted bail to D.P. Namade, who was charged under the NDPS Act for manufacturing and supplying Mandrax tablets. The High Court had granted bail on the ground that the Special Judge's order to provide copies of seized documents to the accused ha…

The police received information that two persons at a railway platform were carrying large quantities of ganja in their suitcases. Acting on this information, they searched the suitcases and seized 40 kilograms of ganja, which was sent for forensic analysis and kept in sealed custody. The accused were convicted under S…

The Andhra Pradesh Prohibition & Excise Superintendent raided toddy shops of the Toddy Tappers Cooperative Society and found adulterated toddy containing alprazolam. Licences were suspended after samples were sent to independent laboratories under an amended Rule 24 of the A.P. Excise (Arrack and Toddy Licenses General…

Narayan Das was convicted under Section 21(c) of the NDPS Act for possession of 236 vials of codeine‑phosphate cough syrups and was sentenced to twelve years' rigorous imprisonment with a fine of Rs.1,00,000. The High Court, while dismissing his appeal, reduced the term to ten years, the statutory minimum, on the groun…

The Directorate of Revenue Intelligence investigated the illegal possession, manufacture and sale of Buprenorphine Hydrochloride, a psychotropic substance listed in the Schedule to the NDPS Act but not in Schedule I of the NDPS Rules, leading to charges under Sections 8(c), 22 and 29 of the NDPS Act against several res…

Mohan Lal was convicted for possession of 10 kg of opium under Section 18 of the NDPS Act and for theft under Sections 457 and 380 of the IPC. He argued that the offence occurred before the NDPS Act came into force, that applying the Act was retrospective and violative of Art.20(1) of the Constitution, that the seizure…

The appellant, Maktool Singh, challenged the conviction and sentence imposed under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, seeking suspension of the sentence pending appeal. The High Court refused suspension, prompting an appeal to the Supreme Court. The Court examined whether Section 32A of th…

The State of Himachal Pradesh appealed against the High Court's acquittal of Trilok Chand and another accused who had been convicted under Section 20 of the NDPS Act for possession of charas. The trial court had sentenced them to ten years' rigorous imprisonment, but the High Court set aside the conviction, citing disc…

Anil Kumar was first convicted under Section 22 of the NDPS Act and sentenced to ten years' rigorous imprisonment with a fine of Rs.1 lakh and a default two‑year term. He was later convicted under Sections 27(b)(ii) and 28 of the Drugs and Cosmetics Act and sentenced to one year' rigorous imprisonment with a fine of Rs…

The petitioner was arrested in Punjab for alleged NDNDPS offences and was granted bail, which was later cancelled by the High Court after the National Investigation Agency (NIA) took over the investigation of related scheduled offences under the UAPA. The Central Government, invoking Section 6(5) and Section 8 of the N…

Kalema Tumba, a Zaire national, arrived at Bombay Airport and his baggage was searched by Narcotics Control Bureau officers based on prior intelligence, leading to the seizure of 2 kg of heroin. The seized heroin was identified through a chemical analyser report and the appellant’s own statement under Section 108 of th…

The appellant was convicted under Section 18 of the NDPS Act for possession of 4 kg of opium seized by a police Sub‑Inspector (PW‑1) who also acted as the informant. The investigation was riddled with irregularities: the informant‑officer retained the seized narcotics in private custody, failed to deposit them in the p…

Harjinder Singh was convicted under the Narcotic Drugs and Psychotropic Substances Act and sentenced to ten years' rigorous imprisonment and a fine of Rs. 1 lakh. He appealed to the High Court, but his counsel was absent on the hearing date and no one appeared on his behalf; the High Court nevertheless affirmed the con…

The appellant, Jasbir Singh, was tried for offences under the NDPS Act alongside co‑accused Vipin Kumar Jaggi (Respondent No. I). Jaggi applied for a pardon under Section 307 CrPC, which the Sessions Judge rejected, after which the Narcotics Control Bureau granted him immunity under Section 64 of the NDPS Act. The Sess…

The State of Meghalaya challenged two bail orders granted by the High Court to Smt. X, an HIV‑positive accused charged under Sections 21(c) and 29 of the NDPS Act for possession of heroin, including a commercial quantity of 1.040 kg. The High Court had released her on bail solely on the ground of her HIV status, withou…

Pon Adithan was convicted for possession of heroin under Sections 8(c) and 21 of the NDPS Act. The prosecution relied on the oral testimony of an Intelligence Officer who conducted the search, a confessional statement made by the accused while in the officer's custody, and forensic analysis of sealed samples prepared i…

Kashmir Lal was arrested after police seized about 0.5 kg of opium from the toolbox of his scooter at a dhaba. He was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and sentenced to ten years' rigorous imprisonment and a fine of Rs.1 lakh. On appeal, he contended that the prosec…

The respondent, a truck driver, was intercepted with 163 kg of ganja and arrested under the NDPS Act. He was released on bail by a Special Judge and the High Court upheld the bail, despite the bail application being filed under Section 437 of the CrPC and Section 37(b)(ii) of the NDPS Act. The appellant contended that …

The police received a secret tip that the accused were selling poppy straw in a jeep (registration GUD‑4997) and raided the vehicle parked on a public road, seizing 75 kg of poppy straw. The trial court and High Court held that the seizure was covered by Section 43 of the NDPS Act, which applies to seizures in a "publi…

Beckodan Abdul Rahiman was arrested after a police search that uncovered 11 grams of opium. The search was conducted without complying with the mandatory procedural safeguards under Section 42(2) and Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985, namely the requirement to forward a written reco…

The State of Punjab prosecuted Balkar Singh and Munish Chand under Section 15 of the NDPS Act for alleged conscious possession of 100 bags of poppy husk recovered from a field. The police had found the accused sitting on the bags and seized the material, but no further investigation was made to establish how the bags a…

The appellant, a German tourist, was arrested in Goa with two cylindrical pieces of charas weighing 7 g and 5 g. Only the piece weighing less than 5 g was sent for chemical analysis, which confirmed it contained charas; the other piece was not tested. The trial court convicted him under Section 20(b)(ii) of the NDPS Ac…

On 27 January 2009, police stopped a car on the Manali‑Kullu highway and recovered a rucksack containing 18.85 kg of cannabis. The accused, Pardeep Kumar and another, were convicted under Section 20 read with Section 29 of the NDPS Act. The High Court acquitted them, holding that the prosecution failed to examine indep…

The accused were apprehended while sitting on gunny bags containing poppy husk and were convicted under Section 15 of the NDPS Act for possession of contraband. The High Court acquitted them, holding that there was no evidence of conscious possession and that no question on possession was put to them under Section 313 …

The appellant, Rakesh Kumar Raghuvanshi, was intercepted on a train carrying three cartons later found to contain 50 kg of opium poppy husk. He claimed he was unaware of the cartons and had only complied with police directions to exit the coach. The trial court, relying on the seizure and the appellant's inability to e…

The State prosecuted Baljinder Singh, the driver of a vehicle, and Khushi Khan, his companion, for possession of poppy husk under Section 15 of the NDPS Act after police stopped their vehicle and recovered seven bags of poppy husk weighing 34 kg each. The accused were personally searched after arrest, but the search wa…

A complaint was lodged under Section 8 of the NDPS Act, 1985 alleging an offence punishable under Section 20(b)(i). While the case was pending, the NDPS (Amendment) Act, 2001 altered the punishment provisions in Section 20, introducing a new sub‑clause (ii)(c) with higher penalties. The trial court framed charges under…

The appellant Kailas and co-accused were convicted under the NDNDPS Act for possession of 39 kg of ganja seized during a police raid, with the trial court relying on a video recording of the raid and a chemical examiner's report. The High Court set aside the convictions and ordered a re‑trial, holding that the video wa…

The appellant Jeet Ram was charged under Section 20 of the NDPS Act for possession of 13 kg of charas seized from a dhaba he managed. The trial court acquitted him, holding that the prosecution lacked independent witnesses, that Section 50 of the NDPS Act was not complied with, and that the evidence of possession was u…

The police, while on patrol, apprehended Megh Singh sitting on gunny bags that contained poppy husk, a contraband article under the NDPS Act. The trial court convicted him under Section 15 of the NDPS Act, sentencing him to ten years' rigorous imprisonment and a fine, while acquitting the other two accused. On appeal, …

The appellant was stopped at a bus stop with a yellow bag and, after giving consent, his bag was searched in the presence of witnesses, leading to the seizure of 2 kg of diazepam. He was charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, convicted, and sentenced to ten years' rigorous imprisonment…

The accused Subhash Kumar Singh Tomar was convicted by a trial court for possession of 500 g of charas after a personal search conducted by police on 3 January 1991. The Allahabad High Court acquitted him, holding that the search violated Section 50 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which re…

Ajmer Singh was apprehended by police who, after giving him a choice under Section 50 of the NDPS Act, searched his bag and recovered 500 g of charas. He was convicted under Section 20 of the NDPS Act. On appeal he argued that the search violated Section 50, that the prosecution’s evidence lacked independent witnesses,…

The appellant, accused No.2, was charged under the NDPS Act for allegedly handing over heroin to accused No.1. The prosecution's case rested solely on the retracted statement of accused No.1, an accomplice, and the appellant's own retracted confession; no narcotics were found in the appellant's possession. The Supreme …

The Union of India appealed a High Court order that granted bail to Shri Shiv Shanker Kesari, who was charged under the NDNDPS Act for possession of a large quantity of poppy straw. The Supreme Court examined Section 37 of the NDPS Act, which mandates that bail may be granted only if the court is satisfied that there a…

The appellant was stopped while riding a scooter and a bag he was carrying was searched, revealing 7.04 kg of opium. The trial court acquitted him, holding that Section 50 of the NDPS Act was not complied with and that there was no trustworthy record of the contraband being produced before a magistrate. The High Court …

The police raided Satrohan's house and seized 309 kg of poppy straws. He was convicted by the trial court under Sections 8(c) and 15 of the NDPS Act and sentenced to ten years' rigorous imprisonment. The Allahabad High Court acquitted him, holding that Sections 42(2) and 50 were not complied with and that his father's …

The appellant, a former Superintendent of Police, was implicated by a Special Judge for allegedly fabricating a false story that led to the recovery of opium and was issued a show‑cause notice under Section 58 of the NDPS Act. The Special Judge recorded adverse findings against her and other officers without giving the…

The Directorate of Revenue Intelligence seized over 1.37 lakh tablets from four locations in Chennai, alleging they were psychotropic substances. Accused A-1, A-2, A-3 and A-4 (Bharat Chaudhary) were arrested; A-4 was detained based solely on statements of A-1 and A-3 recorded under Section 67 of the NDPS Act. A specia…

Kishan Chand was convicted under Section 18 of the NDNDPS Act for allegedly possessing 3.8 kg of opium recovered from his scooter after a police raid based on secret information. The appellant challenged the conviction, arguing that the police failed to comply with the mandatory requirements of Sections 42(1) and 42(2)…

The appellant was arrested after a raid on his house on 4 February 1994, during which poppy husk was seized and he was convicted under Section 15 of the NDPS Act. The sole issue raised was that the investigating officer failed to reduce the secret information to writing and report it to his superior officer as required…

Karnaill Singh, a truck driver, was stopped by a preventive party of the Narcotic Bureau and his vehicle was searched, leading to the seizure of 96.6 kg of opium. The seized goods and samples were sealed by the inspecting officer, but were later forwarded to the Superintendent of the Central Narcotic Bureau rather than…

B.S. Hari, a Commandant in the Border Security Force, was convicted by a General Security Force Court for allegedly permitting the smuggling of acetic anhydride across the India‑Pakistan border and was sentenced to ten years’ rigorous imprisonment, a fine and dismissal from service. The conviction rested mainly on the …

The State of Maharashtra sought to detain six accused under the Unlawful Activities (Prevention) Act (UAPA) beyond the statutory 90‑day period, filing an application for a further 90‑day extension. The respondents claimed default bail, arguing that the public prosecutor’s report did not satisfy the proviso to Section 4…

The United States requested the extradition of Sarabjit Rick Singh on drug‑trafficking and money‑laundering charges, and the Indian government directed an Additional Chief Metropolitan Magistrate to conduct an enquiry under the Extradition Act, 1962. Singh challenged the magistrate’s order, arguing that the documents s…

The accused, Jitti, was found in possession of 45 kg of poppy straw powder and was convicted under Section 18 of the NDNDPS Act, 1985, receiving a minimum sentence of ten years rigorous imprisonment. While his appeal was pending, Section 41 of the Act was amended in 2001, redefining the commercial quantity for poppy st…

The Supreme Court examined the constitutional validity of Section 32A of the Narcotic Drugs and Psychotropic Substances Act, 1985, which barred courts and the executive from suspending, remitting or commuting sentences of convicts under the Act. The petitioners argued that the provision violated Articles 14 and 21 by c…

The Supreme Court examined whether Section 8 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 applies to psychotropic substances that are listed in the Act’s Schedule but not in Schedule‑I of the NDPS Rules. It held that the prohibition in Section 8 is absolute and covers all such substances, and that…

The appellant was convicted under the NDPS Act for alleged possession of poppy straw, based largely on police testimony and a seizure that was never physically produced in court. The trial and appellate courts accepted the prosecution's case despite several procedural lapses, including the non‑compliance with Section 5…

The appellant, Rajendra Prasad, was tried under the NDPS Act. After both sides had closed their evidence, the prosecution sought to re‑examine two witnesses under Section 311 of the Criminal Procedure Code to prove certain documents. The trial court allowed the resummoning, and the appellant challenged this, arguing th…

The appellant, Harpreet Singh Talwar, was charged with facilitating the import of a consignment of heroin‑laden talc stones through a front company, M/s Magent India, after meetings with a foreign conspirator in Dubai. The prosecution alleged that he coordinated the shipment, used proxy firms, fabricated invoices, and …

The police seized 11 kg of ganja from Asha Devi’s residence after acting on secret information; her husband Om Prakash escaped. A search was conducted in the presence of a gazetted officer and samples were sealed with the letters “RP” and “MS”. The trial court acquitted the accused, relying on the absence of an indepen…

The State of Rajasthan appealed a conviction of Ram Chandra under Sections 8 and 18 of the NDPS Act, arguing that the High Court erred in holding that the search of the accused in the presence of Deputy Superintendent of Police (a gazetted officer who was part of the raiding party) violated Section 50. The Supreme Cour…

The case concerned the grant of anticipatory bail to B. Ramu, accused of procuring and supplying 232.5 kg of ganja, a quantity far exceeding the commercial quantity of 20 kg under the NDPS Act. The Madras High Court had allowed the bail application under Section 438 of the CrPC despite opposition from the public prosec…

The appellants – Iqbal Moosa Patel, Derajram Jat and Ashuram Durgaram Chaudhary – were convicted under the NDPS Act for smuggling heroin after a truck was intercepted based on secret intelligence and a subsequent raid on Patel's residence seized 3.056 kg of heroin. They contended that the prosecution had not proved the…

Hamidbhai Azambhai Malik was convicted under Section 20(b)(ii) of the NDPS Act for possession of charas after a police raid on his house. The raid was conducted after a police sub‑inspector, investigating a separate offence, received information that Malik also dealt in contraband and reported it in writing to his supe…

The appellant Jothi @ Nagajothi and her husband were intercepted by police who seized 23.5 kg of ganja and seized cash, drawing two samples (S-1 and S-2) at the spot and forwarding one for forensic analysis. The trial court convicted them under Sections 8(c) r/w 20(b)(ii)(C) and 8(c) r/w 29(1) of the NDPS Act, imposing…

The appellant Kallu Khan was apprehended while riding a motorcycle on a public road and, after a brief search, 900 grams of heroin (smack) was seized from beneath the seat of the vehicle. The trial court convicted him under Sections 8 and 21 of the NDPS Act, a decision affirmed by the High Court, which reduced the defa…

The appellant was charged under Section 21 of the NDPS Act for possessing 1.75 grams of brown sugar after police searched him at a bridge based on prior information. The defence argued that the police failed to comply with the mandatory safeguards of Section 50(1), which require informing the accused of his right to be…