Narcotic Drugs and Psychotropic Substances Act, 1985

The State of West Bengal appealed against the Calcutta High Court’s order granting bail to Rakesh Singh, who was accused under Sections 21(b), 29 and 27A of the NDPS Act for allegedly financing the procurement of cocaine and planting it in a motorcar to frame two occupants. The Supreme Court examined the credibility of…

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 conviction, holding t…

Jahir Hak was arrested in May 2014 under the Unlawful Activities (Prevention) Act, 1967 for a range of serious offences and has been in custody for nearly eight years as an under‑trial prisoner. The High Court rejected his application for bail under Section 439 of the Code of Criminal Procedure, prompting an appeal to …

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% morphine. The Supreme Court …

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 sentence for convicts …

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 showing the tablets…

Varinder Kumar was seized on his scooter with two gunny bags containing charas. The trial court acquitted him, citing non‑production of the seizure seal and alleged violations of CrPC s.100(4) and NDNDPS Act ss.50, 52, 57. The Himachal High Court reversed the acquittal, convicting him under s.20(ii)(c) NDPS and imposin…

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 25 of the Evidence Ac…

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 and arrest. The Supr…

In the early hours of 20 October 2009 a police patrol stopped an Alto vehicle from which the driver fled; a bag of charas and the appellant Khekh Ram's bank passbook were recovered. The trial court acquitted the appellant, finding that the prosecution had not proved beyond reasonable doubt that he was the driver and in…

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 was lodged, leading …

Arvind Kejriwal, the Chief Minister of Delhi, was arrested on 21 March 2024 by the Directorate of Enforcement in connection with alleged offences under the Prevention of Money Laundering Act and related statutes. He challenged the arrest before the Supreme Court, arguing that the legality of his detention was sub judic…

The Narcotic Control Bureau (NCB) filed Special Leave Petitions seeking cancellation of bail granted by the Karnataka High Court to several accused in NDNDPS cases involving large drug seizures. The High Court had released the accused on bail, largely relying on confessional statements recorded under Section 67 of the …

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, holding that Section 50 of…

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. On appeal, the Supre…

The prosecution alleged that secret information received by an intelligence officer indicated that Accused No.4 would transport narcotics in an auto‑rickshaw, leading to a raid in which 1.45 kg of charas was seized from the vehicle and, subsequently, 2.098 kg was recovered from the house of Accused No.4 where Accused N…

The appellants, who were in custody for several years—one under trial for an offence under Section 21(c) of the NDPS Act and another convicted under Section 302 of the IPC—challenged the denial of bail, invoking their fundamental right to a speedy trial under Article 21. The Supreme Court examined whether bail must be …

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 appeal". The appellants…

Dharmendra and Suganchand Chelawat were arrested for offences under the Narcotic Drugs and Psychotropic Substances Act and were remanded to judicial custody until 13 October 1988. While they were still in custody, a preventive detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and…

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 ground that the offi…

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 the bar of Sections 24…

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 reduced the term to si…

The case involved the murder of Vikas Singh, for which an FIR was lodged by his brother‑in‑law, Prashant Singh Rajput. The accused Jogendra Singh and Suryabhan Singh sought anticipatory bail under Section 438 of the CrPC, which the High Court granted on the basis of a police report stating they were not present at the …

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 appellant claimed was …

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 for default of fine;…

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 only by a wireless me…

Frank Vitus, a Nigerian national, was charged under Sections 8, 22, 23 and 29 of the NDPS Act. The Special Judge granted him bail but imposed two conditions: a certificate of assurance from the High Commission of Nigeria that he would not leave India and a requirement to drop a PIN on Google Maps to disclose his locati…

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 Competent Authority had n…

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 insufficient, the police …

The appellant was convicted under the NDNDPS Act for possession of 4.1 kg of charas and was sentenced to 12 years' rigorous imprisonment and a fine of Rs.1,20,000 for offences under s.20(b)(ii)(C), s.25 and s.29, with the sentences ordered to run concurrently. He appealed, contending that s.25 and s.29 are merely ancil…

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 challenged the convict…

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 Supreme Court examined whe…

The Union of India appealed against a bail order granted by the Allahabad High Court to Prateek Shukla, who was alleged to be a director of Altruist Chemicals Private Limited and a member of an international drug syndicate involved in the diversion of acetic anhydride and amphetamine. The complaint under Sections 8, 9A…

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 15, 25 and 35 of th…

The appellant, Roshni Devi, challenged a preventive detention order issued against her mother, a drug offender, under the Telangana Prevention of Dangerous Activities Act, 1986. The detaining authority relied on three NDPS cases and an apprehension that the detenu would resume illegal activities if released on bail, wi…

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 appeal, the Supreme Court …

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 Lal. The appellant con…

Mohd Zahid was convicted in two separate NDPS cases: for possession of 4 kg of heroin in Amritsar (12 years' rigorous imprisonment) and for 750 g of heroin in Delhi (15 years' rigorous imprisonment, enhanced under s.31(ii)). The Delhi trial court did not expressly order the two sentences to run concurrently, and the Hi…

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 analysis by the Gover…

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 NDPS Act, but the appl…

The appellants were arrested after a Central Bureau of Narcotics raid seized 132 kg of opium and they were charged under sections 8 and 18 of the NDPS Act, 1985. Their bail applications were rejected and they were subsequently detained under section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psycho…

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 42, which mandates tha…

The Supreme Court Legal Aid Committee filed a writ petition on behalf of undertrial prisoners detained under the NDPS Act, alleging that delays in constituting special courts and stringent bail provisions violated Articles 14, 19 and 21. The petition sought quashing of the prosecutions and release of the undertrials. T…

The appellant, Girish Raghunath Mehta, was convicted under the NDPS Act for selling 30 kg of opium poppy straw to a co‑accused who lacked a licence. The contraband was seized from the co‑accused during a raid, and the appellant’s statement under Section 67 of the Act admitted the sale. The appellant challenged the conv…

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 authority. The FIR, witne…

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 examined whether procedu…

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 Gazetted Officer or a Magis…

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 appeal she alleged lac…

Rafiq Qureshi was convicted under Section 21(c) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 for possession of 609.6 grams of heroin and was sentenced by the trial court to 18 years' rigorous imprisonment and a fine of Rs.2 lakh. The Calcutta High Court upheld the conviction but reduced the term t…

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 examined whether the…

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 Haryana High Court dism…

The appellant was arrested at a bus stand after police received a tip that he was carrying charas. He consented to be searched by the police, and during the search of his bag, 1.25 kg of charas was recovered. The trial court acquitted him, holding that Section 50 of the NDPS Act, which mandates informing the suspect of…

The State, through an Intelligence Officer of the Narcotics Control Bureau, charged Mushtaq Ahmad and Guizar Ahmad with possession of large amounts of charas (6.2 kg and 4.0 kg respectively) seized on 5 April 2004. The trial court held that the seized charas constituted a "commercial quantity" under the NDPS Act and co…

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 granted bail despite …

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 inspector through a photo…

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 before signing it, reca…

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 customs officers. The tri…

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 to explain the safe …

Gurdev Singh was convicted under Section 21 of the NDPS Act for possessing 1 kg of heroin, which is four times the commercial quantity of 250 g, and was sentenced to 15 years' rigorous imprisonment with a fine of Rs.2 lakh. He appealed, contending that the Special Court and the High Court imposed a sentence higher than…

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 imprisonment, which the High …

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 were convicted unde…

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 prosecution had failed to p…

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 ten days. The trial …

The appellant was convicted under Section 20(b)(ii)(c) of the NDPS Act for possession of ganja and appealed on the ground that the trial was vitiated by non‑compliance with Section 52A, which governs inventory, sampling and magistrate certification of seized narcotics. The Supreme Court examined the legislative purpose…

The appellant, Bishwajit Dey, owned a truck that was stopped at a police checkpoint in Assam where two soap boxes containing 24.8 g of heroin were discovered. The drug was found in the vehicle but the charge‑sheet named only a third‑party occupant, Md Dimpul Ali, as the accused; the owner and driver were not alleged to…

The appellant was convicted under Section 18 of the NDPS Act for possession of 1 kg 750 g of opium seized during a police patrol on 12 September 1996. The prosecution’s case relied on the testimony of police officials and the recovery of the narcotic in the presence of the ASP, while the ASI who handled the seized prop…

The appellant was summoned as an additional accused under Section 319 of the Criminal Procedure Code after the trial of the original co‑accused had concluded with a conviction and sentence on the same day. The Supreme Court examined whether the power to summon under s.319 could be exercised after a judgment of convicti…

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 convicted the accused u…

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 appealed, seeking redu…

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 documents and could not…

The appellant was intercepted on a public road near a club and, after being informed of his right to be searched before a gazetted officer or magistrate, consented to a search by a gazetted officer. A bag containing 1.5 kg of charas and cash was recovered from him. The appellant challenged the conviction on the grounds…

The appellant Nadee m Ahamed was seized with approximately 125 g of heroin while a co‑accused was found with about 130 g, leading the trial court to treat the combined 255 g as a commercial quantity and convict both under Sections 21(c) and 29 of the NDPS Act. The appellant challenged the conviction on grounds that the…

The appellant was convicted under Section 8C read with Section 20(b)(ii)(c) of the NDPS Act for the recovery of 48 kg of cannabis from a house that the trial court deemed his based on a 2008 voters list. He contended that he had sold the house to a co‑accused on 12 June 2009 and produced the sale agreement, which the p…

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, 1985. The State argued t…

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 his lawyer and a cardi…

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 aside the charge but…

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, which mandates certai…

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 the mandatory requirem…

In 1988 police stopped a truck near Raidhriana village and seized 110 bags of poppy husk. The appellants Kulwinder Singh and Amrik Singh, who were on the truck, fled the scene and were later arrested. They were convicted under Section 15 of the NDPS Act, sentenced to ten years' rigorous imprisonment and a fine, and app…

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 Drugs and Psychotropic …

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 the evidence inadmi…

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 appellant voluntarily ad…

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 imprisonment and a fine of Rs 1…

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 diacetylmorphine, leading to …

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 conviction, citing allege…

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 magistrate or gazetted…

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 and did not file a ch…

The wife of a man detained under the COFEPOSA Act challenged his preventive detention, arguing that the detaining authority had not applied its mind and had ignored the stringent bail conditions imposed by the magistrate. The Supreme Court examined the factual matrix, which showed the detainee’s involvement in a large‑…

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, leading to the discovery …

The appellant, Reginamary Chellamani, was arrested for alleged offences under Sections 8(c), 20(b)(ii)(C), 22(c), 23, 28 and 29 of the NDPS Act read with Section 135 of the Customs Act, after a contraband substance exceeding the commercial quantity was seized from her. She had been in pre‑trial detention for 4 years, 1…

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 to explain the cust…

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 contraband, while the sole pan…

Baldev Singh, a tractor driver, was stopped at night in 1990 and 33 gunny bags containing poppy husk were recovered from the trolley attached to his tractor. The prosecution relied solely on the testimony of ASI Ram Singh, a police witness who had signed the recovery memos, and on documentary evidence; the investigatin…

The Intelligence Officer seized a Toyota Qualis carrying 7.4 kg of heroin after receiving a tip that the appellant had arranged its transport. The only evidence linking the appellant to the offence was a co‑accused’s statement that a person identified as ‘M’ from Bombay handed the heroin to a third person ‘N’, who then…

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. The High Court dism…

The petitioner, an NRI, was arrested at Delhi airport for allegedly smuggling watches through the green channel. He sought a direction for home‑cooked food and, more importantly, the right to settle the customs duty liability under Section 127B of the Customs Act, arguing that Section 123, which bars settlement for cer…

The accused were apprehended with bulk quantities of manufactured narcotic drugs and were convicted under Sections 21 and 22 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The High Court, however, suspended their sentences under Section 389 of the Code of Criminal Procedure, holding that the matter shoul…

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 investigated, seized assets and…

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 and 29 of the NDPS A…

The Supreme Court examined a writ petition highlighting severe overcrowding in 1,382 Indian prisons, with occupancy exceeding 150% of permissible limits, and the failure of prison authorities to implement earlier court directions. The Court noted the absence of a juvenile custody manual under the Juvenile Justice (Care…

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 witnessed by indepen…

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 Court reversed the d…

Birendra Kumar Rai was arrested under the Arms Act and Motor Vehicles Act and was in jail when a complaint under the NDPS Act was filed. While he remained in custody, a detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (PITNDPS) was issued, c…

The Supreme Court examined a challenge to the Central Government's 2009 notification (S.0.2941(E)) amending the NDPS Act's quantification parameters by inserting Note 4. The petitioners argued that the Act does not empower the Government to alter the definition of "small" and "commercial" quantities or to base punishme…

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 of destruction inva…

The Supreme Court considered the use of videography at crime scenes as a tool to improve criminal investigations. Submissions highlighted international practice, the benefits of body‑worn cameras, and the need for safeguards under evidentiary law. The Court examined prior judgments on electronic evidence and the admiss…

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 of the NDPS Act, to b…

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 quantity for sentenci…

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 presence of a senior…

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 accused. The Rajast…

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 the NDPS Act for imp…

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 opium and conviction un…

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 the accused under S…

The State of Punjab appealed a High Court order that granted regular bail to Balraj Singh, who was accused of directing a heroin trafficking network from inside jail and was charged under Sections 21(c), 29, 61 and 85 of the NDPS Act. The High Court had relied on the length of the respondent's custody and the anticipat…

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 did not prosecute. …

Lokesh Chadha, proprietor of a courier agency, was convicted by a Special Judge under Sections 23(c) and 25A of the NDPS Act for facilitating the shipment of heroin and pseudo‑ephedrine and sentenced to ten years' rigorous imprisonment plus three years. While his appeal was pending, he applied for suspension of the sen…

The appellant, Than Kunwar, was convicted under Section 18 of the NDNDPS Act for possession of 6.3 kg of opium recovered from a bag seized during a police interception. She challenged the conviction on several grounds, including the alleged non‑compliance with Section 50 of the NDPS Act during a personal search, the no…

The State of Jharkhand appealed against a High Court order that granted bail to Sunny Kumar, who was charged under Section 18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. After being released on bail, the accused was arrested again on 12 July 2023 for a similar NDPS offence, and the trial in the origin…

The appellants, a group of Rotarians, were traveling from Jharkhand to Bihar in a private vehicle when they were stopped at a check post in Nawada. Although no liquor was found in the vehicle, a breath analyser indicated the presence of alcohol in some of the appellants, leading to charges under Section 53(a) of the Bi…

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 non‑appearance had b…

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 bail, holding that the …

The appellants were charged under Section 8(c) read with Section 20(b)(ii)(c) of the NDPS Act for allegedly transporting about 80 kg of ganja seized from a vehicle. The prosecution relied on a seizure panchnama, samples sent to the Forensic Science Laboratory, and confessions recorded by police officers, but failed to …

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 declined. A sample of t…

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 the NDPS Act is not a …

The National Investigation Agency (NIA) appealed against the Kerala High Court’s order granting bail to K. A. NajeeB, who was charged under multiple IPC offences, the Explosive Substances Act and several provisions of the Unlawful Activities (Prevention) Act (UAPA). The High Court had released the undertrial on bail, c…

The Union of India appealed a conviction under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for the alleged recovery of 12.03 kg of hashish from respondent No.1 at Mumbai airport. The trial court had convicted the accused based largely on the testimony of an intelligence officer (PW‑1), while the High Cour…

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 Section 42(1) of the N…