Delay in Compliance of NDPS Act Procedures Not Ground for Bail: Delhi High Court Upholds Rigorous Standards”

In a significant judgment, the Delhi High Court today upheld the stringent standards of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), with Justice Amit Bansal denying bail to Somdutt Singh @ Shivam in a high-profile narcotics case. The court emphasized that “mere delayed compliance [of Section 52-A of the NDPS Act] cannot be a ground for grant of bail,” setting a precedent for future narcotics-related legal proceedings.

Somdutt Singh, detained since April 2021, faced charges of trafficking commercial quantities of psychotropic substances. His bail application was scrutinized against the backdrop of stringent NDPS Act provisions, with the court finding overwhelming evidence of his involvement in the illicit drug trade. This included substantial recoveries of psychotropic substances and incriminating digital communications.

The judgment delved into the procedural nuances of the NDPS Act, particularly focusing on Sections 42 and 52-A, which relate to the seizure and sampling of contraband substances. Justice Bansal’s assertion that procedural delays under these sections are not sufficient grounds for bail highlights the court’s commitment to upholding the law’s integrity while balancing individual rights.

Represented by advocates Mr. Pritish Sabharwal and Mr. Sharad Pandey, the petitioner’s arguments centered around alleged procedural lapses and the inadmissibility of certain evidence. However, these were effectively countered by the NCB’s Senior Standing Counsel, Mr. Subhash Bansal, with Mr. Raghav Bansal, who argued for the necessity of strict adherence to legal procedures in NDPS cases.

Date of Decision: 1st December, 2023

SOMDUTT SINGH @ SHIVAM  VS NARCOTICS CONTROL BUREAU