Chhattisgarh High Court Expresses Concern At Repeated Lapses In NDPS Probes; Directs Action Against Erring Officials

The Chhattisgarh High Court has expressed serious concern over repeated procedural lapses in investigations under the Narcotic Drugs and Psychotropic Substances Act, 1985, observing that despite settled legal principles, investigating officers continue to disregard mandatory statutory safeguards, resulting in acquittals in serious NDPS cases. The Court directed the Director General of Police, Chhattisgarh, to examine the lapses noticed in the present case and take appropriate corrective action against the concerned officials as well as institutional measures to prevent recurrence. [2026 LiveLaw (Chh) 69]

A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal was hearing a batch of criminal appeals arising out of a common judgment convicting seven accused under Sections 22(b), 22(c) and 29 of the NDPS Act. The prosecution alleged recovery of large quantities of Tramadol capsules and Alprazolam tablets from different accused persons during a series of searches conducted on the basis of secret information. The appellants challenged their conviction on the ground of non-compliance with the mandatory provisions of the NDPS Act governing search, seizure, sampling and preservation of seized contraband.

The Court found multiple serious procedural deficiencies in the investigation. It observed that there was an unexplained inconsistency regarding compliance with Section 42 of the NDPS Act, as the prosecution documents showed that the superior officer had received the information even before it was allegedly recorded. The Court also found that the accused were wrongly informed that they could be searched either before a Gazetted Officer, a Magistrate or by the police officer himself, although Section 50 confers only the right to be searched before a Gazetted Officer or a Magistrate.

Further, samples had not been drawn before a Magistrate, inventories under Section 52-A had not been prepared, specimen seal proceedings were defective, safe custody of the seized articles was not proved, and the chain of custody suffered from material discrepancies.

The Court reiterated that the stringent punishments and statutory presumptions under the NDPS Act make strict compliance with procedural safeguards indispensable. It held that the prosecution had failed to establish the foundational facts necessary to invoke the statutory presumptions under Sections 35 and 54 of the Act.

The Court observed that such lapses were not isolated and reflected a recurring pattern in NDPS investigations. It expressed concern that despite repeated judicial pronouncements emphasising strict adherence to the mandatory safeguards under the Act, investigating officers continued to commit the same errors, undermining prosecutions and frustrating the object of the legislation. The Court therefore considered it necessary to bring the matter to the attention of the State Police authorities.

Accordingly, the Court allowed all the criminal appeals, set aside the conviction and sentences of the appellants, acquitted them of all charges under the NDPS Act, and directed that a copy of the judgment be forwarded to the Director General of Police, Chhattisgarh, to examine the lapses noticed in the investigation, take appropriate action against the erring officials, and ensure that investigating officers dealing with NDPS cases are properly sensitised and trained regarding compliance with the mandatory provisions of the Act.

Case Title: Viral Patel v. State of Chhattisgarh [CRA No. 2073 of 2025] with connected matters.

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2026 LiveLaw (Chh) 69