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Narcotic Drugs and Psychotropic Substances Act, 1985

1406 judgments · newest first · showing 1201–1400

UNION OF INDIA & ANOTHERversusSANJEEV V. DESHPANDE

2014 INSC 538Disposed off

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 …

KUSHALBHAI RATANBHAI ROHIT & ORS.versusTHE STATE OF GUJARAT

2014 INSC 366Dismissed

An FIR under the NDPS Act led to the arrest of a accused who escaped while being escorted by police constables. The constables were charged under IPC Section 222 and convicted, prompting them to file a criminal appeal. The Gujarat High Court, after dictating an acquitting order in open court but …

UNION OF INDIAversusSHEO SHAMBHU GIRI

2014 INSC 201Dismissed

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 …

STATE OF H.P.versusSUNIL KUMAR

2014 INSC 170Appeal(s) allowed

The State of Himachal Pradesh appealed the acquittal of Sunil Kumar, who was found in possession of 2.3 kg of charas during a routine traffic check on a bus. The police, acting on a positive suspicion that the passenger was carrying contraband, conducted a personal search after he disembarked, …

STATE OF RAJASTHANversusPARMANAND & ANR.

2014 INSC 154Dismissed

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 …

GURJANT SINGH @ JANTAversusSTATE OF PUNJAB

2013 INSC 724Appeal(s) allowed

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 …

TOFAN SINGHversusSTATE OF TAMIL NADU

2013 INSC 700Matter referred to larger bench

Tofan Singh was convicted under Sections 8(c) r/w 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for allegedly trafficking 5.250 kg of heroin. The conviction rested primarily on a statement recorded by an investigating officer under Section 67 of the NDPS Act, which the …

GIAN CHAND & ORS.versusSTATE OF HARYANA

2013 INSC 488Dismissed

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 …

VIJAY JAINversusSTATE OF MADHYA PRADESH

2013 INSC 370Appeal(s) allowed

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 …

STATE OF RAJASTHANversusBHERU LAL

2013 INSC 356Appeal(s) allowed

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 …

RAM SWAROOPversusSTATE (GOVT. NCT) OF DELHI

2013 INSC 351Dismissed

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 …

KASHMIRI LALversusSTATE OF HARYANA

2013 INSC 348Disposed off

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 …

KRISHNAN & ORS.versusSTATE OF HARYANA & ORS.

2013 INSC 320Matter referred to larger bench

The appellants challenged the validity of Section 32‑A of the Narcotic Drugs and Psychotropic Substances Act, 1985, which bars suspension, remission or commutation of any sentence awarded under the Act. The High Court had upheld the provision, denying the appellants any remission. The Supreme Court …

MOHINDERversusSTATE OF HARYANA

2013 INSC 223Dismissed

The appellant was seized on 23 August 1991 while carrying a tin from which police recovered 3.5 kg of opium. He was charged under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and convicted, receiving ten years' rigorous imprisonment and a fine of Rs 1 lakh. The appellant …

BUDH SINGHversusSTATE OF HARYANA AND ANR.

2013 INSC 144Dismissed

Budh Singh was convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and sentenced to ten years of rigorous imprisonment. He filed a writ petition under Article 32 challenging the constitutional validity of Section 32A of the NDPS Act, which bars any remission of …

THANA SINGHversusCENTRAL BUREAU OF NARCOTICS

2013 INSC 56Disposed off

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 …

ASHOK KUMAR SHARMAversusSTATE OF RAJASTHAN

2013 INSC 24Appeal(s) allowed

Ashok Kumar Sharma was arrested after police searched him and recovered two packets of heroin, leading to his conviction under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and a ten‑year rigorous imprisonment sentence. The appellant challenged the conviction on the …

KISHAN CHANDversusSTATE OF HARYANA

2012 INSC 588Appeal(s) allowed

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 …

SUKHDEV SINGHversusSTATE OF HARYANA

2012 INSC 608Appeal(s) allowed

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 …

SURESH & ORS.versusSTATE OF MADHYA PRADESH

2012 INSC 533Appeal(s) allowed

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 …

THE STATE OF MAHARASHTRAversusVISHWANATH MARANNA SHETTY

2012 INSC 494Appeal(s) allowed

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 …

SHAHEJADKHAN MAHEBUBKHAN PATHANversusSTATE OF GUJARAT

2012 INSC 453Disposed off

The appellants were arrested for transporting 500 grams of brown sugar, a commercial quantity under the NDPS Act, and were convicted under Sections 8(c), 21 and 29, receiving 15 years' rigorous imprisonment and a fine of Rs.1.5 lakh with a default imprisonment of three years for non‑payment. They …

MD. SAHABUDDIN & ANR.versusSTATE OF ASSAM

2012 INSC 454Dismissed

The appellants, MD Sahabuddin and others, were arrested for transporting 347 cartons of Phensedyl and 102 cartons of Recodex cough syrups, each containing codeine phosphate in quantities exceeding the limits prescribed under the Central Government notifications. They possessed no valid transport …

UNION OF INDIAversusMOHANLAL & ANR.

2012 INSC 267

The Union of India appealed the acquittal of Mohanlal and another by the Madhya Pradesh High Court, which had held that the prosecution failed to prove the destruction of 3.36 kg of opium seized under Sections 8/18(b) read with 29 of the NDPS Act. The Supreme Court examined whether the lack of proof …

RAJENDER SINGHversusSTATE OF HARYANA

2011 INSC 551

Inspector Kuldip Singh received secret information that the appellant was dealing in opium and sent a Ruqa to the police station, but he neither recorded the information in writing nor forwarded a copy to his superior as required by Section 42 of the NDPS Act. The DSP, Charanjit Singh, was alerted …

NIKKU KHAN @ MOHAMMADEENversusSTATE OF HARYANA

2011 INSC 511Disposed off

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 …

NIRMAL SINGH PEHLWAN @ NIMMAversusINSPECTOR, CUSTOMS, CUSTOMS HOUSE, PUNJAB

2011 INSC 513

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 …

STATE OF DELHIversusRAM AVTAR@ RAMA

2011 INSC 475Dismissed

The State of Delhi alleged that Ram Avtar was carrying heroin after a secret informer tipped off police, who raided him and served a written notice under Section 50 of the NDPS Act. The notice, however, failed to unambiguously inform the accused of his statutory right to be searched before a …

SENIOR INTELLIGENCE OFFICERversusJUGAL KISHORE SAMRA

2011 INSC 459Case Partly allowed

The case arose from a NDPS investigation where Jugal Kishore Samra (respondent) was summoned by the Directorate of Revenue Intelligence for interrogation. He alleged torture and a heart attack during the summons and obtained anticipatory bail. He then sought modification of the bail order to have …

NARCOTICS CENTRAL BUREAUversusSUKH DEV RAJ SODHI

2011 INSC 408Dismissed

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 …

RAM SINGHversusCENTRAL BUREAU OF NARCOTICS

2011 INSC 342Appeal(s) allowed

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 …

BAHADUR SINGHversusSTATE OF PUNJAB

2011 INSC 332Appeal(s) allowed

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 …

ASHOK @ DANGRA JAISWALversusSTATE OF M.P.

2011 INSC 269Appeal(s) allowed

The appellant, a cinema hall owner, and his two employees were subjected to personal searches during which police claimed to have recovered heroin (smack powder) from their possession. Samples of the seized powder were sent to the Forensic Science Laboratory, which reported the presence of …

HARJIT SINGHversusSTATE OF PUNJAB

2011 INSC 245Dismissed

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% …

STATE OF RAJASTHANversusTARA SINGH

2011 INSC 231Dismissed

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 …

JARNAIL SINGHversusSTATE OF PUNJAB

2011 INSC 119Dismissed

The appellant was apprehended while carrying a bag that contained 1.75 kg of opium and was convicted under Section 18 of the NDPS Act. He challenged the conviction on several grounds, including non‑compliance with Section 50 of the NDPS Act, the admissibility of his consent statement under Section …

BHOLA SINGHversusSTATE OF PUNJAB

2011 INSC 109Appeal(s) allowed

The appellant, Bhola Singh, was a co‑owner of a truck in which police discovered 16 bags of poppy husk. He had given a false residential address at the time of purchasing the vehicle, but there was no evidence that he knew the truck would be used for drug trafficking. He was convicted under Sections …

DAULAT RAM & ANR.versusCBN MANDSAUR, M.P.

2011 INSC 75Dismissed

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 …

IQBAL MOOSA PATELversusSTATE OF GUJARAT

2011 INSC 33Dismissed

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 …

CENTRAL BUREAU OF NARCOTICSversusBAHADUR SINGH

2010 INSC 813Dismissed

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 …

VIJAYSINH CHANDUBHA JADEJAversusSTATE OF GUJARAT

2010 INSC 750Reference answered

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 …

KULDEEP SINGHversusSTATE OF PUNJAB

2010 INSC 640Appeal(s) allowed

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 …

DHARAMPAL SINGHversusSTATE OF PUNJAB

2010 INSC 593Dismissed

The appellants, Dharampal Singh and Major Singh, were arrested when police searched a car they were occupying and recovered 65 kg of opium from the vehicle's dicky. They were charged under Section 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The trial court acquitted them, …

DEHAL SINGHversusSTATE OF HIMACHAL PRADESH

2010 INSC 557Dismissed

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 …

HARJINDER SINGHversusSTATE OF PUNJAB

2010 INSC 514Disposed off

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 …

STATE OF KARNATAKAversusDONDUSA NAMASA BADDI

2010 INSC 480Dismissed

The appeal arose from a search and seizure conducted on 3 September 1987, where the investigating officer failed to record the information received in writing and did not forward a copy to his immediate superior as required by Section 42(2) of the Narcotic Drugs and Psychotropic Substances Act, …

BAHADUR SINGHversusSTATE OF HARYANA

2010 INSC 199Dismissed

The petitioner, Bahadur Singh, was caught after police raided his house based on secret information and recovered six bags of poppy husk from a locked room that he opened with a key in his possession. He was convicted under Section 15 of the NDPS Act and sentenced to twelve years' rigorous …

STATE OF PUNJABversusLAKHWINDER SINGH & ANR.

2010 INSC 196Disposed off

The State of Punjab appealed the acquittal of Lakhwinder Singh and Balwinder Kaur, who had been found in possession of 35 bags of poppy husk. The trial court had convicted them under Section 15 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, but the High Court set aside the …

DALEL SINGHversusSTATE OF HARYANA

2009 INSC 1171Dismissed

The appellant, Daleel Singh, was convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possession of 6.5 kg of charas seized from his house. He challenged the conviction on the ground that the police had not complied with the mandatory requirements of Section …

OM PRAKASH @ BABAversusSTATE OF RAJASTHAN

2009 INSC 1073Appeal(s) allowed

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 …

SARJU@ RAMUversusSTATE OF U.P.

2009 INSC 1034Appeal(s) allowed

The appellants were arrested after a police patrol, acting on an informer's tip, searched them and seized morphine. The search was conducted by the Station House Officer (SHO) without a gazetted officer present, using consent letters that were allegedly prepared after arrest and without proper …

KARNAIL SINGHversusSTATE OF HARYANA

2009 INSC 958Reference answered

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. …

D. RAMAKRISHNANversusINTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU

2009 INSC 950Dismissed

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 …

BALBIR KAURversusSTATE OF PUNJAB

2009 INSC 876Dismissed

Balbir Kaur was found sitting on two bags containing 61 kg of poppy husk and admitted the contents when questioned by police. She was searched before a gazetted officer and a lady constable, as she requested, and the bags were seized, leading to her conviction under Section 15 of the NDPS Act. On …

UNION OF INDIAversusSHAH ALAM & ANR.

2009 INSC 855Dismissed

The Union of India appealed the acquittal of Shah Alam and Mazzum Haq, who had been convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for possessing 100 grams of heroin each and sentenced to ten years' rigorous imprisonment and a fine. The Allahabad High Court set aside the …

RAJU PREMJIversusCUSTOMS NER SHILLONG UNIT

2009 INSC 736Appeal(s) allowed

The appellants Raju Premji and Arun Kanungo were convicted under Sections 21, 28 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for abetting possession of heroin, based primarily on confessional statements recorded while they were in police custody and later handed over to …

JAWAHAR SINGH @ BHAGAT JIversusSTATE OF GNCT OF DELHI

2009 INSC 683Dismissed

The appellant was arrested on 26 September 1999 for possession of 600 grams of heroin and was convicted under Section 21 of the NDPS Act, receiving a ten‑year rigorous imprisonment and a fine. The conviction was affirmed by the High Court, and the appellant appealed, contending that the Narcotic …

STATE OF RAJASTHANversusBHIYA RAM

2009 INSC 692Appeal(s) allowed

The accused Bhiya Ram and Prahlad Ram were stopped while riding a motorcycle and a large quantity of opium was seized. The seized material was sent to the Forensic Science Laboratory (FSL) for analysis, and the accused contended that the samples did not reach the FSL with the seals intact, rendering …

STATE OF RAJASTHANversusDAUL@ DAULAT GIRI

2009 INSC 637Appeal(s) allowed

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 …

STATE OF PUNJABversusLEELA

2009 INSC 592Disposed off

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, …

SIATE OF PUNJABversusNIRMAL SINGH

2009 INSC 596Appeal(s) allowed

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 …

STATE OF PUNJABversusSURJIT SINGH & ANR.

2009 INSC 579Appeal(s) allowed

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, …

STATE OF PUNJABversusMALKIAT SINGH

2009 INSC 572Dismissed

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 …

STATE OF RAJASTHANversusBABU LAL

2009 INSC 567Dismissed

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 …

STATE OF RAJASTHANversusSHANTI

2009 INSC 570Dismissed

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 …

STATE OF U.P.versusSUBHASH KUMAR SINGH TOMAR

2009 INSC 494Dismissed

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 …

U.O.I.versusBAL MUKUND & ORS.

2009 INSC 427Dismissed

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 …

STATE OF RAJASTHANversusRATAN LAL

2009 INSC 428Appeal(s) allowed

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 OF PUNJABversusRAM PAL

2009 INSC 410Appeal(s) allowed

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 …

STATE OF PUNJABversusGURNAM KAUR AND ORS.

2009 INSC 328Dismissed

The police, during a nakabandi operation, apprehended a driver who disclosed that three others had fled. A search of the seized vehicle yielded heroin and opium, leading to a raid on the house of the alleged fugitives where narcotics were found in a box under a bed occupied by three women. The women …

INSPECTOR OF CUSTOMS, AKHNOOR J & KversusYASH PAL AND ANR.

2009 INSC 327Dismissed

The respondents Yash Pal and others were convicted by a trial court for offences under Sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 based largely on their confessions to customs officials after a heroin seizure. The High Court acquitted them, holding that the …

STATE OF NCT OF DELHIversusASHIF KHAN @ KALU

2009 INSC 303Dismissed

The State of NCT of Delhi appealed against the conviction of Ashif Khan for possession of heroin under Sections 21(a) and (b) of the NDPS Act. A total of 310 g of material was seized, which forensic analysis showed contained 0.95% heroin, amounting to 2.945 g of the drug. The issue was whether the …

STATE OF RAJASTHANversusBHANWAR LAL & ANR.

2009 INSC 295Case Partly allowed

The State of Rajasthan appealed the acquittal of Bhanwar Lal and Mohan Lal, who had been convicted under Sections 8, 18 (and 20) of the NDPS Act. The High Court set aside the convictions on the ground that the police had not complied with Section 50, which requires the accused to be searched in the …

STATE OF RAJASTHANversusMANOJ SHARMA AND ANR.

2009 INSC 299Disposed off

The State of Rajasthan appealed the acquittals of Manoj Sharma and Mohammed Rafiq, who were charged under the Narcotic Drugs and Psychotropic Substances Act, 1985. The seized material (8 g of opium) was recovered from inside Sharma's house, not from his person, and the trial court had convicted both …

SHIV KUMAR MISHRAversusSTATE OF GOA THROUGH HOME SECRETARY

2009 INSC 236Dismissed

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 …

STATE OF PUNJABversusHARI SINGH & ORS.

2009 INSC 193Dismissed

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 …

AJMER SINGHversusSTATE OF HARYANA

2009 INSC 191Dismissed

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 …

JITENDRA PANCHALversusINTELLIGENCE OFFICER, NCB & ANR.

2009 INSC 100Dismissed

Jitendra Panchal was arrested in Austria, extradited to the United States and convicted under the US Controlled Substances Act for conspiracy to possess and distribute hashish, serving a 54‑month sentence. After deportation to India, he was arrested by the Narcotics Control Bureau and charged under …

UNION OF INDIAversusRATTAN MALLIK @ HABUL

2009 INSC 64Disposed off

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 …

HAMIDBHAI AZAMBHAI MALIKversusSTATE OF GUJARAT

2009 INSC 17Dismissed

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 …

SAMI ULLAHAversusSUPERINTENDENT, NARCOTIC CENTRAL BUREAU

2008 INSC 1263Appeal(s) allowed

The appellant, Sami Ullaha, was arrested after heroin was seized from two co-accused who alleged the drugs were meant for him. No drugs were found on his person, but he made a statement under Section 67 of the NDPS Act, later retracting it, claiming it was obtained under duress. The first chemical …

RATAN KUMAR VISHWASversusSTATE OF U.P. & ANR.

2008 INSC 1258Dismissed

Ratan Kumar Vishwas was convicted under Sections 27A and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act for trafficking charas and sentenced to 14 years' rigorous imprisonment and a fine. He applied to the High Court for suspension of his sentence and bail under Section 37 of the …

THE SUPERINTENDENT, NARCOTIC CONTROL BUREAUversusPARASH SINGH

2008 INSC 1153Dismissed

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 …

MAN SINGH & ANR.versusSTATE OF M.P.

2008 INSC 1085Appeal(s) allowed

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, …

MAN BAHADURversusSTATE OF H.P.

2008 INSC 1083Appeal(s) allowed

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 …

STATE OF HIMACHAL PRADESHversusSARDARA SINGH

2008 INSC 983Appeal(s) allowed

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 …

HARDIP SINGHversusSTATE OF PUNJAB

2008 INSC 950Dismissed

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 …

STATE OF HARYANAversusMAI RAM SON OF MAM CHAND

2008 INSC 883Case Allowed

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 …

UNION OF INDIAversusSATROHAN

2008 INSC 820Appeal(s) allowed

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 …

NOOR AGAversusSTATE OF PUNJAB & ANR.

2008 INSC 785Case Allowed

The appellant, an Afghan national, was seized at Raja Sansi Airport with 22 packets of heroin and later arrested after a 15‑hour delay. He initially confessed to customs officials but later retracted, and was convicted under Sections 22 and 23 of the NDPS Act, a judgment affirmed by the High Court. …

ASLAM MOHD. MERCHANTversusCOMPETENT AUTHORITY & ORS.

2008 INSC 782Appeal(s) allowed

The Supreme Court examined the forfeiture proceedings initiated against the relatives of Iqbal Mohammed Memon (alias Iqbal Mirchi) under Chapter VA of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellants challenged the validity of the show‑cause notices, contending that the …

N.R. MONversusMD. NASIMUDDIN

2008 INSC 700Appeal(s) allowed

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 …

K. CHITHHAYANversusSTATE OF TAMIL NADU

2008 INSC 683Dismissed

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' …

STATE OF RAJASTHANversusUDAI LAL

2008 INSC 619Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Udai Lal, who had been convicted by a Special Judge under Sections 8 and 15 of the NDPS Act for possession of 119 bags of poppy husk powder seized from his truck. The High Court set aside the conviction, holding that the prosecution evidence was …

RAM KUMARversusCENTRAL BUREAU OF NARCOTICS

2008 INSC 579Dismissed

During a routine inspection of a bus, a Superintendent and an Inspector of the Narcotics Department seized brown sugar from the exclusive possession of the appellant and a co‑accused. The seized material was sampled, sealed and sent to a laboratory, which confirmed it to be brown sugar, and the …

NHALIYAM MAKKIL RAVEENDRANversusSTATE OF KERALA

2008 INSC 580Disposed off

The appellant was caught on 13 August 1999 in possession of four litres of arrack, packaged in forty 100‑ml packets, while attempting to flee from police in Kerala. He was convicted by the trial court under section 55(a) of the Kerala Abkari Act, 1077 and sentenced to three years' simple …

SMT. HEENA KAUSARversusCOMPETENT AUTHORITY

2008 INSC 528Dismissed

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 …

SARVSHEEL MAGOversusSTATE OF HARYANA & ORS.

2008 INSC 396Disposed off

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 …

GHASITA SAHUversusSTATE OF MADHYA PRADESH

2008 INSC 111Dismissed

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 …

KANHAIYALALversusUNION OF INDIA AND ORS.

2008 INSC 25Dismissed

The appellant Kanhaiyalal was convicted under the Narcotic Drugs and Psychotropic Substances (NDPS) Act based primarily on a statement he gave to an officer under Section 67 of the Act. The key issues were whether such a statement could be used as a confession for conviction, whether it attracted …

SARABJIT RICK SINGHversusUNION OF INDIA

2007 INSC 1272Dismissed

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 …

DIRECTORATE OF REVENUE & ANR.versusMOHAMMED NISAR HOLIA

2007 INSC 1226Dismissed

The Directorate of Revenue received a fax alleging that a guest in a Mumbai hotel possessed Mandrex tablets and cash. Officers searched the guest's hotel room, seized cash and a fax copy of a consignment note, and recorded the accused's statement under Section 67 of the NDPS Act. The trial court …

SANJAY KUMAR KEDIAversusNARCOTICS CONTROL BUREAU & ANR.

2007 INSC 1216Dismissed

Sanjay Kumar Kedia incorporated two companies, Xponse Technologies Ltd and Xponse IT Services Pvt Ltd, which were alleged to have used their internet platforms to arrange the supply of psychotropic drugs such as phentermine and butalbital to customers abroad. The Narcotics Control Bureau …

STATE OF DELHIversusJITTI

2007 INSC 1049Disposed off

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 …

SHANTI LALversusSTATE OF M.P.

2007 INSC 1013Disposed off

Shanti Lal was caught carrying 7 kg 60 g of contraband opium and was convicted under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court sentenced him to ten years' rigorous imprisonment and a fine of Rs.1 lakh, with an additional three years' imprisonment …

SAYED ABUL ALAversusUNION OF INDIA AND ORS.

2007 INSC 980Appeal(s) allowed

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 …

UNION OF INDIAversusSHRI SHIV SHANKER KESARI

2007 INSC 923Appeal(s) allowed

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 …

STATE. NCT OF DELHIversusMALVINDER SINGH

2007 INSC 712Appeal(s) allowed

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 …

STATE OF RAJASTHANversusBABU RAM

2007 INSC 683Appeal(s) allowed

The State of Rajasthan appealed the acquittal of Babu Ram, who had been found with contraband in a bag and convicted under Section 17 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The Rajasthan High Court set aside the conviction on the ground that Section 50 of the NDPS Act, …

STATE OF HARYANAversusSURESH

2007 INSC 687Appeal(s) allowed

The appellant State of Haryana appealed the High Court's acquittal of Suresh, who had been convicted under Section 18 of the NDPS Act for possession of opium discovered in a false bottom of his attaché case. The High Court set aside the conviction on the ground that the search of the bag violated …

SUKHDEV SINGHversusSTATE OF HARYANA

2007 INSC 678Disposed off

The appellant was convicted under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced to ten years' imprisonment. He appealed, but the Punjab and Haryana High Court disposed of his appeal ex parte because his counsel was absent, despite uncertainty whether notice of …

DILIP AND ANR.versusSTATE OF M.P.

2006 INSC 895Appeal(s) allowed

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 …

STATE CBIversusSASHI BALASUBRAMANIAN AND ANR.

2006 INSC 771Appeal(s) allowed

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 …

COMMISSIONER EXCISE AND ANR.versusMANOJ ALI AND ANR.

2006 INSC 737Dismissed

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 …

RITESH CHAKARVARTIversusSTATE OF MADHYA PRADESH

2006 INSC 671Appeal(s) allowed

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 …

A.GEETHAversusSTATE OF TAMIL NADU AND ANR.

2006 INSC 578Dismissed

The appellant, A. Geetha, challenged the preventive detention of her husband under the Tamil Nadu Prevention of Dangerous Activities Act, 1982, alleging that the detaining authority failed to consider a representation and that the likelihood of his release on bail was remote because of an NDPS case. …

STATE OF HARYANAversusRANBIR @ RANA

2006 INSC 208Appeal(s) allowed

The accused, Ranbir, was seized with a plastic bag containing 2 kg of charas after a police search of the bag he was carrying. He was convicted under Section 20 of the NDPS Act, but the High Court set aside the conviction on the ground that Section 50, which mandates a search in the presence of a …

BABUBHAI ODHAVJI PATEL, ETC. ETC.versusSTATE OF GUJARAT

2005 INSC 535Dismissed

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 …

G. SRINIVASGOUDversusSTATE OF A.P.

2005 INSC 467Dismissed

The appellants, G. Srinivas Goud and another, were convicted under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of 20 kg of diazepam seized during a raid conducted by a gazetted officer. They challenged the conviction on three grounds: (i) the search was not …

AMAR SINGH RAMJIBHAI BAROTversusSTATE OF GUJARAT

2005 INSC 426Dismissed

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% …

STATE OF RAJASTHANversusDAULAT RAM

2005 INSC 374Appeal(s) allowed

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 …

STATE OF PUNJABversusSAWARAN SINGH

2005 INSC 308Disposed off

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 …

STATE OF RAJASTHANversusRAM CHANDRA

2005 INSC 200Appeal(s) allowed

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 …

STATE OF HIMACHAL PRADESHversusPAWAN KUMAR

2005 INSC 193Appeal(s) allowed

The State of Himachal Pradesh appealed against the acquittals of Pawan Kumar in two criminal appeals, challenging the High Courts' findings that Section 50 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act was not complied with during the search of a bag carried by the accused. The …

STATE OF PUNJABversusBALWANT RAI

2005 INSC 107Appeal(s) allowed

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 …

STATE OF PUNJABversusBALBIR SINGH AND ORS.

2004 INSC 619Leave Granted & Allowed

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 …

THE STATE OF WEST BENGAL AND ORS.versusBABU CHAKRABORTY

2004 INSC 492Case Partly allowed

The police conducted a night raid on the accused's house based on secret information and seized heroin, but failed to comply with the mandatory procedural requirements of Section 42 of the NDPS Act, including recording the information in writing and preparing a search memo. The trial court convicted …

STATE OF ORISSAversusRAJENDRA TRIPATHY AND ORS.

2004 INSC 362Appeal(s) allowed

The State of Orissa prosecuted Rajendra Tripathy and others for unlawful possession of heroin under Sections 18 and 21 of the NDPS Act. The trial court convicted them, but the Orissa High Court acquitted on the grounds that the seizure memo contained a corrected name and that the prosecution failed …

STATE OF HARYANAversusJARNAIL SINGH AND ORS.

2004 INSC 325Appeal(s) allowed

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 …

T.T. HANEEFAversusSTATE OF KERALA

2004 INSC 303Dismissed

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 …

S. JEEVANANTHAMversusTHE STATE THROUGH INSPECTOR OF POLICE, TN

2004 INSC 304Dismissed

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 …

[email protected]. BASHEETversusSTATE OF KERALA

2004 INSC 295Dismissed

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 …

NARCOTICS CONTROL BUREAUversusDILIP PRALHAD NAMADE

2004 INSC 190Leave Granted & Allowed

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 …

STATE OF PUNJABversusBALKAR SINGH AND ANR.

2004 INSC 177Dismissed

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 …

CUSTOMS, NEW DELHIversusAHMADALIEVA NODIRA

2004 INSC 159Appeal(s) allowed

Customs detained an Uzbek national who was found carrying a large quantity of Diazepam tablets and she admitted the possession in a statement under Section 67 of the NDPS Act. The Special Court denied bail, but the Delhi High Court granted bail, holding that the prosecution had not produced material …

SAJAN ABRAHAMversusSTATE OF KERALA

2004 INSC 133Appeal(s) allowed

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 …

BASHEER@ N.P. BASHEERversusSTATE OF KERALA

2004 INSC 92Disposed off

The appellants, convicted under the Narcotic Drugs and Psychotropic Substances Act, 1985, had pending appeals when the NDPS (Amendment) Act, 2001 came into force on 2‑October‑2001. Section 41(1) of the amendment applied the new graded‑sentence regime to all pending cases except those "pending in …

SMT. KRISHNA KANWAR@ THAKURAEENversusSTATE OF RAJASTHAN

2004 INSC 61Dismissed

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 …

ALAKH RAMversusSTATE OF U.P.

2004 INSC 26Appeal(s) allowed

The appellant Alakh Ram was charged under Sections 8 and 20 of the NDPS Act for allegedly planting ganja in his agricultural field. The police seized 17 ganja plants from the field and the trial court convicted him, imposing three years’ imprisonment, a decision affirmed by the High Court. On …

RAJENDRA AND ANR.versusSTATE OF MADHYA PRADESH

2003 INSC 730Dismissed

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 …

UNION OF INDIAversusKULDEEP SINGH

2003 INSC 696Appeal(s) allowed

Kuldeep Singh was found in possession of 880 litres of Acetic N‑hydride, a precursor for heroin, and was convicted under Sections 9A, 25A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court sentenced him to ten years' rigorous imprisonment. The Rajasthan High Court …

STATE OF PUNJABversusBHAG SINGH

2003 INSC 692Appeal(s) allowed

Bhag Singh was tried under Section 18 of the NDPS Act and acquitted by the trial court because the prosecution case rested solely on official witnesses and lacked an independent witness. The State of Punjab sought leave to appeal the acquittal under Section 378(3) of the CrPC, but the Punjab and …

STATE OF ORISSAversusKANDURI SAHOO

2003 INSC 690Appeal(s) allowed

On 13 May 1994, Excise officials seized about 12 kg of cannabis from the accused and sent a 50‑gram sample for chemical analysis four days later. The trial court convicted the accused under Section 20(b)(i) of the NDPS Act, but the Orissa High Court acquitted him, holding that the prosecution failed …

SAIKOU JABBIversusSTATE OF MAHARASHTRA

2003 INSC 687Dismissed

Saikou Jabi, a Gambian national, was intercepted at Bombay airport with approximately 1 kg of heroin concealed in a suitcase. The baggage was screened on an X‑ray machine and the contraband was recovered from the suitcase, not from a personal search of Jabi. He was charged under Sections 21, 23, 28 …

PRABHA SHANKAR DUBEYversusSTATE OF MADHYA PRADESH

2003 INSC 686Dismissed

The accused were intercepted while carrying opium and were served a notice under Section 50 of the NDPS Act informing them of their right to be searched before a gazetted officer or magistrate. They declined that option and were searched by a narcotics officer, leading to the seizure of 200 g of …

M. PRABHULALversusTHE ASSISTANT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE

2003 INSC 498Dismissed

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 …

JITENDRA AND ANR.versusSTATE OF M.P.

2003 INSC 494Appeal(s) allowed

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 …

MEGH SINGHversusSTATE OF PUNJAB

2003 INSC 477Dismissed

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 …

MADAN LAL AND ANR.versusSTATE OF HIMACHAL PRADESH

2003 INSC 404Dismissed

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 …

HIRA LAL HARI LAL BHAGWATI.versusC.B.I., NEW DELHI

2003 INSC 275Appeal(s) allowed

The Gujarat Cancer Society imported MRI and lithotripsy machines under a customs duty exemption certificate that required the equipment to be used by the "actual user". The Customs Collector later held the society liable for duty but, considering its charitable purpose, imposed only a token fine and …

STATE THROUGH NARCOTICS CONTROL BUREAUversusKULWANT SINGH

2003 INSC 77Disposed off

The State, represented by the Narcotics Control Bureau (NCB), appealed against the Delhi High Court's order that quashed the conviction of Kulwant Singh under Section 21 of the NDPS Act, holding that the NCB was not a department and therefore its officers lacked authority to conduct search, seizure …

BHARATBHAI BHAGWANJIBHAIversusSTATE OF GUJARAT

2002 INSC 447Dismissed

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 …

NARAYANASWAMY RAVISHANKARversusASSTT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE

2002 INSC 421Dismissed

The appellant was found with 5,940 grams of heroin concealed in a suitcase at Chennai International Airport while attempting to transport it to Singapore. The trial court acquitted him on the ground that mandatory provisions of Sections 42 and 50 of the NDPS Act were not complied with, but the High …

AVTAR SINGH AND ORSversusSTATE OF PUNJAB

2002 INSC 396Appeal(s) allowed

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 …

UNION OF INDIA AND ORS.versusL.D. BALAM SINGH

2002 INSC 224Dismissed

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 …

BECKODAN ABDUL RAHIMANversusSTATE OF KERALA

2002 INSC 207Appeal(s) allowed

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 …

KHET SINGHversusUNION OF INDIA

2002 INSC 158

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 …

STATE OF HARYANAversusVIDHYA DHAR

2002 INSC 113Appeal(s) allowed

The State of Haryana charged Vidhya Dhar under Sections 18 and 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of 2.25 kg of opium recovered during a search. The accused was offered the option of a search in the presence of a gazetted officer or magistrate, which he …

BAHADUR SINGHversusSTATE OF MADHYA PRADESH AND ANR.

2001 INSC 593Appeal(s) allowed

Bahadur Singh, a truck driver, and Amreek Singh, a cleaner, were convicted under the Narcotic Drugs and Psychotropic Substances Act for allegedly transporting 3.9 kg of poppy straw. The prosecution’s case rested on the testimony of the investigating officer, who claimed to have seized the …

STATE OF TAMIL NADUversusPARAMASIVA PANDIAN

2001 INSC 538Leave Granted & Dismissed

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 …

STATE OF MADHYA PRADESHversusKAJAD

2001 INSC 430Appeal(s) allowed

The respondent, KAJAD, was arrested under Section 50 of the NDPS Act with 7 kg of opium and charged under Section 18, an offence punishable with imprisonment of ten to twenty years. His bail applications were rejected by the trial court and initially by the High Court, but a later High Court order …

JASBIR SINGHversusVIPIN KUMAR JAGGI AND ORS.

2001 INSC 371Dismissed

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 …

SAJAN ABRAHAMversusSTATE OF KERALA

2001 INSC 344Dismissed

The appellant was seized with 25 ampoules of injectable narcotic drug (Buprenorphine) and three syringes after police acted on information from a head constable. The trial court acquitted him, but the Kerala High Court convicted him under Section 21 of the NDPS Act. On appeal, the Supreme Court …

GURBAX SINGHversusSTATE OF HARYANA

2001 INSC 74Appeal(s) allowed

Gurbax Singh was seized carrying 7 kg of poppy straw in a polythene bag at a railway platform. A 100‑gram sample was taken and sealed in the presence of a witness, but the seal was later claimed to be wooden by the witness and brass by the investigating officer, and it remained with the witness for …

BABUA@ TAZMUL HOSSAINversusTHE STATE OF ORISSA

2001 INSC 51Dismissed

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 …

ROY V.D.versusSTATE OF KERALA

2000 INSC 518Appeal(s) allowed

The appellant Roy V.D. was searched and arrested by an Excise Inspector who, at the time of the search, was not authorized under Sections 41(2) or 42(1) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act to make such a seizure. A charge was filed, later dismissed, and a fresh charge sheet …

DADU @ TULSIDASversusSTATE OF MAHARASHTRA

2000 INSC 479Case Partly allowed

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 …

KARNAIL SINGHversusSTATE OF RAJASTHAN

2000 INSC 443Dismissed

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 …

AHMEDversusSTATE OF GUJARAT

2000 INSC 413Appeal(s) allowed

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 …

AJAIB SINGHversusSTATE OF PUNJAB

2000 INSC 209Dismissed

Ajaib Singh and Sapinder Singh were convicted under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of poppy husk. They appealed, arguing that the statute only criminalises "poppy straw" and that poppy husk is neither defined nor contains more than 0.2% …

ABDUL RASHID IBRAHIM MANSLJRIversusSTATE OF GUJARAT

2000 INSC 41Appeal(s) allowed

Abdul Rashid Ibrahim Mansuri, an auto‑rickshaw driver, was arrested after police stopped his vehicle and found four gunny bags containing charas. The police officer who ordered the stop relied on verbal information and neither recorded it in writing nor forwarded it to his superior as required by …

HUSSAINversusSTATE OF KERALA

1999 INSC 497Appeal(s) allowed

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. …

KALEM TUMBAversusSTATE OF MAHARASHTRA AND ANR.

1999 INSC 420Dismissed

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 …

UNION OF INDIAversusRAM SAMUJH AND ANR.

1999 INSC 365Appeal(s) allowed

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 …

T. HAMZAversusSTATE OF KERALA

1999 INSC 320Appeal(s) allowed

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 …

UMAR ABDUL SAKOOR SORA THIAversusINTELLIGENCE OFFICER NARCOTIC CONTROL BUREAU

1999 INSC 310Dismissed

The police intercepted a truck carrying a large consignment of Mandrax tablets that had been dispatched from an Indian port to a fictitious foreign company. The appellant, the chairman of the clearing agency that took possession of the consignment during off‑loading, was identified by a police …

THE STATE OF PUNJABversusBALDEV SINGH

1999 INSC 282Disposed off

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 …

PON ADITHANversusDEPUTY DIRECTOR, NARCOTICS CONTROL BUREAU, MADRAS/. I

1999 INSC 277Dismissed

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 …

RAJENDRA PRASADversusTHE NARCOTIC CELL THROUGH ITS OFFICER INCHARGE, DELHI

1999 INSC 269Dismissed

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 …

KANTI BHADRA SHAH AND ANRversusTHE STATE OF WEST BENGAL

1999 INSC 268Dismissed

A charge sheet under IPC sections 454, 380 and 120B was filed against the appellants before a Metropolitan Magistrate who, after hearing them, framed charges and dismissed their petition for discharge. The appellants approached the Calcutta High Court seeking quash of the charge; the High Court set …

MANOJversusSTATE OF MADHYA PRADESH

1999 INSC 154Appeal(s) allowed

Manoj was arrested in a Rajasthan NDNDPS case and bail was granted, but he remained in custody because he was subsequently arrested in a separate Madhya Pradesh NDNDPS case. The Madhya Pradesh authorities failed to produce him before a magistrate within the constitutionally mandated 24‑hour period …

MAKTOOL SINGHversusSTATE OF PUNJAB

1999 INSC 111Disposed off

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 …

BRAJ KISHORE THAKURversusUNION OF INDIA AND OTHERS

1997 INSC 190Disposed off

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, …

STATE OF PUNJABversusLABH SINGH ETC

1996 INSC 758Dismissed

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 …

SHAHEEN WELFARE ASSOCIATIONversusUNION OF INDIA AND OTHERS

1996 INSC 324Disposed off

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. …

MOHD. ASLAM KHANversusNARCOTICS CONTROL BUREAU AND ANOTHER

1996 INSC 284Appeal(s) allowed

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 …

RAGHBIR SINGHversusSTATE OF HARYANA

1996 INSC 138Dismissed

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 …

MANOHAR LALversusSTATE OF RAIASTHAN

1996 INSC 111Dismissed

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 …

DR. BIPIN SHANTILAL PANCHALversusSTATE OF GUJARAT

1996 INSC 27Dismissed

Dr. B.S. Panchal was arrested under the Narcotic Drugs and Psychotropic Substances (NDPS) Act on 8 November 1993. Both the City Sessions Judge and the Gujarat High Court denied his bail applications, relying on Section 37 of the NDPS Act and the precedent set in Narcotics Control Bureau v. Kishan …

STATE OF HIMACHAL PRADESHversusSHRI PIRTHI CHAND AND ANR.

1995 INSC 815Disposed off

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 …

STATE OF PUNJABversusJASBIR SINGH

1995 INSC 799Dismissed

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 …

UNION OF INDIAversusTHAMISHARASI AND ORS.

1995 INSC 318Dismissed

The Narcotics Control Bureau seized a consignment of hashish and arrested three persons under the NDPS Act. The complaint was not filed within the 90‑day period prescribed in the proviso to Section 167(2) of the CrPC, and the accused claimed an automatic right to bail. The High Court allowed the …

SAIYAD MOHD. SAIYAD UMAR SAIYED AND ORS.versusTHE STATE OF GUJARAT

1995 INSC 241Appeal(s) allowed

Three appellants were arrested in Gujarat and, after a police search, charas was seized from them. They were convicted under Section 20 of the NDPS Act and Sections 65 and 66 of the Bombay Prohibition Act. The appellants argued that the police had not informed them of their right, under Section 50 …

ALI MUSTAFFA ABDUL RAHMAN MOOSAversusSTATE OF KERALA

1994 INSC 419Appeal(s) allowed

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 …

STATE OF PUNJAB .versusBALBIR SINGH AND ORS. ETC. ETC.

1994 INSC 96Disposed off

The Supreme Court examined a series of cases where the State of Punjab alleged that arrests, searches and seizures under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) were illegal because police officers failed to comply with certain statutory provisions. The Court held that …