The Supreme Court of India recently granted anticipatory bail to an accused in an NDPS (Narcotic Drugs and Psychotropic Substances) Act case involving Tapentadol Hydrochloride. The case revolved around the possession of 550 tablets of the drug, which was recovered from a vehicle in which the appellant was traveling with a co-accused.
Background of the Case
The case arose from an FIR (No. 77/2024) registered on September 16, 2024, at Lakho Ke Behram Police Station, District Ferozepur, Punjab. The accused was booked under Sections 22 and 29 of the NDPS Act, 1985, which deal with illegal possession and conspiracy related to psychotropic substances.
Following the registration of the FIR, the appellant sought anticipatory bail from the Punjab & Haryana High Court. However, his plea was rejected on December 13, 2024, leading him to approach the Supreme Court.
The bench comprising Justices Dipankar Datta and Manmohan heard the appellant's plea. The primary argument made by the defense counsel, Mr. Karandeep Singh Sidhu, was that Tapentadol Hydrochloride is not listed as a psychotropic substance under the NDPS Act Schedule. The counsel further cited two High Court judgments in support of this claim:
- 2024 SCC OnLine Mad 445 (Madras High Court)
- 2022 SCC OnLine Bom 1631 (Bombay High Court)
Since no contrary ruling had been cited by the prosecution, the Supreme Court accepted the appellant’s argument.
"It is directed that in the event of the appellant being arrested, he shall be released on bail by the trial court on terms and conditions to be fixed by the trial court." – Supreme Court
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Given the absence of a prima facie case due to the non-inclusion of Tapentadol Hydrochloride in the NDPS Schedule, the Supreme Court granted anticipatory bail. The order states:
“The impugned judgment and order is set aside. The appeal is accordingly allowed.”
The case highlights a crucial legal distinction regarding what qualifies as a psychotropic substance under the NDPS Act. This ruling reinforces the need for clear regulatory frameworks to avoid wrongful prosecution.
Case Title: KULWANT SINGH VERSUS THE STATE OF PUNJAB
