The narcotic drugs and psychotropic substances (NDPS) act, 1985, was enacted to establish strict regulations aimed at curbing the production, manufacture, cultivation, possession, sale, transportation, purchase, and consumption of narcotic drugs and psychotropic substances within India. This act differentiates between small and commercial quantities of prohibited substances. Section 2 (viia) and (xxiiia) of the act includes a table specifying the details of small and commercial quantities for over 238 narcotic drugs and psychotropic substances.
Being a special statute, the NDPS act outlines unique procedural requirements for cases falling under its purview. The narcotics control bureau (ncb) serves as the designated law enforcement body tasked with addressing offenses under this act. Furthermore, a sessions court in every district is designated AS a Special Court to handle NDPS- related cases, with exclusive jurisdiction to oversee such matters.
Trials under the NDPS Act are typically divided into two phases. The first phase involves the initiation of the case, during which the NCB plays a pivotal role. This includes receiving the initial information, conducting investigations, arresting suspects, seizing contraband, and filing the final police report or complaint before the Special Court of Sessions. The Act specifies the pre-trial investigation procedures in detail, and any lapses by the prosecution or NCB during this stage may benefit the accused in terms of bail or discharge from the case.
The NCB is required to file its police report or complaint within 180 days for offenses under Sections 19, 24, and 27A or those involving commercial quantities. For other cases, this timeline is reduced to 60 days. Once the police report is filed, the trial enters its second phase, commencing before the Special Court of Sessions.
Accused individuals have legal remedies depending on the stage of their case. If an accused learns of an NDPS case filed against them, they may apply for anticipatory bail before their arrest at the Special Court of Sessions where the case is being tried. If the Sessions Court denies anticipatory bail, the accused may escalate the matter to the High Court and, subsequently, the Supreme Court.
If an accused has already been arrested and is in police or judicial custody, they can apply for regular bail through the Special Court of
Sessions. In the event of rejection, they may appeal to the High Court and, later, to the Supreme Court.
It is worth noting that Section 37 of the NDPS Act imposes significant restrictions on granting bail, making it challenging for accused individuals to secure release. However, if the accused can provide sufficient evidence demonstrating their innocence, bail may be granted, even at the Sessions Court level. This restriction under Section 37 does not apply to cases involving small quantities, as specified by a government-issued notification, which defines the thresholds for small and commercial quantities.
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