Supreme Court: Non-compliance with Drug Disposal Rules Insufficient for Bail
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New Delhi, Dec 20 (NationPress) The Supreme Court stated on Friday that failing to comply with the stipulations set forth in the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985, related to the handling of confiscated drugs, cannot be the only basis for granting bail.
A panel comprising Justices Bela M. Trivedi and SC Sharma remarked that non-adherence to the procedures specified in Section 52A of the NDPS Act does not impact the admissibility of the confiscated substances as evidence, nor does it grant bail to the accused.
The bench, led by Justice Trivedi, emphasized that Section 52A is procedural, and any failure or delay in following this provision is merely a procedural irregularity. It ruled that any procedural missteps observed during the search or seizure in the investigation process do not inherently render the evidence inadmissible.
The highest court asserted that any failure or delay in observing the requirements of Section 52A cannot be a reason to release the accused on bail unless the stringent criteria for bail under the NDPS Act are met.
This ruling emerged from an appeal lodged by the Narcotics Control Bureau challenging a decision made by the Delhi High Court in May 2023.
In the contested ruling, the Delhi HC had granted bail to an accused, stating that samples of seized narcotic drugs or psychotropic substances should be sent to the laboratory within 72 hours. It also mandated that the sampling of the seized substances be conducted under Section 52A in the presence of a magistrate.
The bench, led by Justice Jasmeet Singh, noted that neither the seizure memo nor the sampling was completed on-site, which was a requirement for the investigating agency as per the Standing Order.
Consequently, the apex court instructed the Delhi High Court to reconsider the matter based on its ruling, while the accused will remain on bail in the interim.
