New Delhi, Dec 20 The Supreme Court on Friday said that non-compliance with the provisions of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985, dealing with the disposal of seized drugs, cannot be the sole ground for grant of bail.
A bench of Justices Bela M. Trivedi and SC Sharma said that not adhering to the procedure outlined in Section 52A of the NDPS Act would not affect the admissibility of the seized contraband as evidence or entitle the grant of bail to the accused.
The Justice Trivedi-led Bench added that Section 52A is a procedural provision and any lapse or delay in adhering to the provision in question would merely be a procedural irregularity. It ruled that any procedural irregularity observed in conducting search or seizure during the course of the investigation or thereafter would not by itself make the entire evidence inadmissible.
The apex court said that any lapse or delay in compliance with the provisions of Section 52A cannot be ground to order the release of the accused on bail unless the rigours of the grant of bail under the NDPS Act are satisfied.
The verdict came on an appeal filed by the Narcotics Control Bureau against a May 2023 decision of the Delhi High Court.
In its impugned decision, the Delhi HC, while granting bail to an accused, had observed that the seized samples of narcotic drugs or psychotropic substances should be forwarded to the laboratory within 72 hours. Further, it had ordered that the seized samples of contraband ought to be drawn under Section 52A in the presence of a magistrate.
A bench of Justice Jasmeet Singh also recorded that neither the seizure memo nor sampling was prepared on the spot, which was a mandate upon the investigating agency as per the Standing Order.
Now, the apex court ordered the Delhi High Court to afresh decide the matter in terms of its judgment and in the meantime, the accused will continue to remain on bail.
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