Tagged “ndps”

14 articles on ndps.

Supreme CourtSupreme Court of India

Bharat Aambale v. State of Chhattisgarh: the Section 52A NDPS restatement

On 6 January 2025, a two-judge bench delivered a comprehensive restatement of Section 52A NDPS, holding the provision procedural and non-compliance not per se fatal unless it casts reasonable doubt on the identity and integrity of the seized substance.

Valkya Editorial·10 Jul 2026·7 min

Supreme CourtSupreme Court of India

Hira Singh v. Union of India: the whole mixture, not the pure drug, sets NDPS quantity

On 22 April 2020, a three-judge bench held that the weight of the entire mixture — narcotic plus neutral substances — decides whether an NDPS seizure is 'small' or 'commercial', overruling E. Micheal Raj.

Valkya Editorial·10 Jul 2026·7 min

LandmarkSupreme Court of India

Karnail Singh v. State of Haryana: substantial compliance under Section 42 NDPS

On 29 July 2009, a Constitution Bench of the Supreme Court resolved the Abdul Rashid–Sajan Abraham conflict, holding that total non-compliance with Section 42 NDPS vitiates the trial while delayed compliance with a satisfactory explanation is acceptable.

Valkya Editorial·10 Jul 2026·7 min

Supreme CourtSupreme Court of India

Mohd. Muslim v. State (NCT of Delhi): Section 37 NDPS, delay and Article 21 bail

On 28 March 2023, a two-judge bench held that undue and unexplained delay in trial, read with Section 436A CrPC and the presumption of innocence, can justify bail under the NDPS Act despite the Section 37 twin conditions.

Valkya Editorial·10 Jul 2026·6 min

LandmarkSupreme Court of India

Mukesh Singh v. State (Narcotic Branch of Delhi): informant and investigator can be the same

On 31 August 2020, a five-judge Constitution Bench held that the informant and the investigating officer being the same person does not, by itself, vitiate an NDPS trial, overruling Mohan Lal v State of Punjab.

Valkya Editorial·10 Jul 2026·6 min

Supreme CourtSupreme Court of India

NCB v. Mohit Aggarwal: 'reasonable grounds' under Section 37 NDPS mean credible and plausible grounds

On 19 July 2022, a three-judge bench held that 'reasonable grounds' under Section 37(1)(b) NDPS mean credible and plausible grounds, and that custody length or a filed chargesheet do not by themselves relax the bar. The Court cancelled bail.

Valkya Editorial·10 Jul 2026·7 min

Supreme CourtSupreme Court of India

Noor Aga v. State of Punjab: the NDPS reverse burden, read down

On 9 July 2008, a two-judge bench upheld the NDPS Act's reverse-burden provisions but read them down: the prosecution must first prove the foundational facts beyond reasonable doubt before any presumption shifts to the accused.

Valkya Editorial·10 Jul 2026·7 min

Supreme CourtSupreme Court of India

State of Kerala v. Rajesh: the strict Section 37 NDPS bail standard

The Supreme Court set aside a High Court bail order in an NDPS commercial-quantity case, holding the Section 37 twin conditions mandatory and 'reasonable grounds' to mean substantial probable cause, not merely a prima facie view.

Valkya Editorial·10 Jul 2026·8 min

LandmarkSupreme Court of India

State of Punjab v. Baldev Singh: the Section 50 NDPS search safeguard

On 21 July 1999, a Constitution Bench held that an empowered officer about to search a person under the NDPS Act must inform the suspect of the right to be searched before the nearest gazetted officer or magistrate, and that this safeguard is mandatory.

Valkya Editorial·10 Jul 2026·7 min

Supreme CourtSupreme Court of India

Tofan Singh v. State of Tamil Nadu: Section 67 NDPS statements are not confessions

On 29 October 2020, a 2:1 Supreme Court bench held that NDPS officers are 'police officers' under section 25 of the Evidence Act, so a statement recorded under section 67 cannot be used as a confession to convict.

Valkya Editorial·10 Jul 2026·7 min

Supreme CourtSupreme Court of India

Union of India v. Mohanlal: the Section 52A sampling and disposal regime for seized narcotics

On 28 January 2016, the Supreme Court confronted warehouses of seized drugs rotting and being pilfered, and laid down the Section 52A NDPS regime — inventory, photographs, magistrate-certified representative sampling, and a scheme for early disposal.

Valkya Editorial·10 Jul 2026·8 min

LandmarkSupreme Court of India

Vijaysinh Chandubha Jadeja v. State of Gujarat: strict compliance with Section 50 NDPS

In 2010 a Constitution Bench settled a running conflict, holding that Section 50 of the NDPS Act is mandatory and demands strict compliance — 'substantial compliance' will not do.

Valkya Editorial·10 Jul 2026·9 min

Supreme CourtSupreme Court of India

Dr. Rajinder Rajan v. Union of India: Mihir Shah grounds-of-arrest discipline reaches NDPS

On 1 April 2026, a two-judge bench applied Mihir Shah to an NDPS arrest, holding that failure to supply written grounds of arrest before remand renders the arrest illegal even where section 37 ordinarily forecloses bail.

Valkya Editorial·2 Jun 2026·8 min

Supreme CourtSupreme Court of India

Frank Vitus v. Narcotics Control Bureau: bail conditions and the right to privacy

On 9 July 2024, the Supreme Court struck down a Google-Maps-pin bail condition, holding that any condition letting an agency track an accused's every movement violates Article 21 privacy.

Valkya Editorial·1 Jun 2026·6 min