SC sets aside HC order, says tablets seized contain herbs which don't attract NDPS Act

In the absence of any clarity so far on the quantitative analysis of the samples, the prosecution cannot be heard to state at this preliminary stage that the petitioners have been found to be in possession of commercial quantity of psychotropic substances as contemplated under the NDPS Act, the bench headed by Chief Justice N V Ramana said.

New Delhi: The Supreme Court Monday quashed the Madras High Court order which had cancelled the bail granted to an accused in an alleged narcotics case, saying a large number of tablets seized by the DRI admittedly contain herbs or medicines meant to enhance male potency and they do not attract the provisions of the NDPS Act.

The apex court, while restoring the November last year order passed by the trial court which had granted bail to the accused, noted that none of the tablets were seized either from the office or the residence of the accused.

A bench headed by Chief Justice N V Ramana said that another accused in the case be released on bail, subject to the satisfaction of the trial court, while noting that charge sheet has already been filed and he has remained in custody for over two years.

“In the absence of any clarity so far on the quantitative analysis of the samples, the prosecution cannot be heard to state at this preliminary stage that the petitioners have been found to be in possession of commercial quantity of psychotropic substances as contemplated under the NDPS Act,” said the bench, also comprising Justices Surya Kant and Hima Kohli.

“Further, a large number of the tablets that have been seized by the DRI admittedly contain herbs/ medicines meant to enhance male potency and they do not attract the provisions of the NDPS (Narcotic Drugs and Psychotropic Substances) Act,” the bench said in its order.

The top court passed the order on two separate pleas against the high court order of July this year.

While one of the petitioners was aggrieved by the reversal of the bail order granted in his favour by the trial court, the other petitioner had challenged the dismissal of his bail application.

The apex court noted that as per the prosecution's case, on specific information received by the Directorate of Revenue Intelligence (DRI), Chennai zonal Unit, the officers had seized about 1,37,665 tablets of different types, described as psychotropic substances, from four locations.

During the investigation, some accused were arrested in the case.

The DRI had conducted search at the residence of the accused, who had challenged the reversal of the bail order by the high court, and he was arrested.

He was granted bail by the trial court after which the prosecution had moved the high court.

The apex court, in its order, noted that reliance on printouts of WhatsApp messages downloaded from the mobile phone and devices seized from the office premises of this accused cannot be treated at this stage as sufficient material to establish a live link between him and other co-accused.

It noted that as per the prosecution, scientific reports in respect of the said devices were still awaited.

“The impugned order qua A-4 (accused) is, accordingly, quashed and set aside and the order dated November 2, 2020 passed by the special judge….is restored,” the bench said, while clarifying that it has not expressed anything on the merits of the case in the order.

PTI