The Supreme Court of India has dismissed an appeal challenging the judgment passed by the Special Court convicting the accused for the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, that talk about the Punishment for contravention in relation.
The Supreme Court has held with a 2 is to 1 majority that the confession made under section 67 before the officers of the Central and State agencies appointed under the Narcotic Drugs and Psychotropic Substances Act are not admissible, because the officers are police officers.
As initially enacted for example Narcotic Drugs and Psychotropic Substances Act (NDPS Act) 1985 (hereinafter alluded to as 'the Act'), there existed no distinction between a drug trafficker and an addict. A uniform sentence construction was specified as punishment for most offences under the Act.
The Kerala High Court while hearing an anticipatory bail petition, said that advance bail in a Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) case could not be granted just because "nothing was recovered from the accused."