Supreme Court Quarterly Digest 2026 - NDPS Act

Narcotic Drugs and Psychotropic Substances Act, 1985 – Supreme Court Quarterly Digest Jan - Mar, 2026

Bail – Foreign Nationals – Article 21 of the Constitution of India – Financial Constraints in furnishing Surety –The Respondent, a 32-year-old Ugandan national, was granted bail by the High Court on 15.09.2025 in a case involving the NDPS Act - Despite the Trial Court reducing the surety amount progressively from ₹1,00,000 to ₹25,000, the accused remained in Tihar Jail for months due to her inability to furnish a solvent surety - Held: Article 21 of the Constitution, which protects the right to life and personal liberty, applies equally to foreign nationals prosecuted in India - Once an accused has established a case for bail, financial difficulties or the inability to provide a solvent surety should not act as a barrier to their release - In cases where a foreign national cannot meet surety requirements due to financial constraints, they may be released on a personal bond and subsequently housed in a detention center to ensure they do not leave the country - Supreme Court explicitly grounded its reasoning in the constitutional mandate of Article 21 of the Constitution of India, emphasizing its universal application to any person within the territory of India, regardless of nationality. [Paras 4-13] Customs v. Faridah Nakanwagi, 2026 LiveLaw (SC) 278

Grant of Anticipatory Bail – Co-accused Statements – Noted that the appellant was arraigned as an accused solely on the basis of a statement made by a co-accused (who was apprehended with 6.330 kg of Ganja) - noted that the actual complicity of the appellant is a matter to be thrashed out during trial - Supreme Court restored the bail and directed that the appellant be released on anticipatory bail by the jurisdictional Investigating Officer – Appeal allowed. [Paras 5-8] Rambali Sahni v. State of Bihar, 2026 LiveLaw (SC) 61

Right Against Self-Incrimination – Anticipatory Bail – NDPS Act – Held that State cannot insist that an accused hand over his mobile phone as a condition for "cooperating with the investigation" if doing so forces the accused to incriminate himself - The Supreme Court held that while an appellant must join the investigation, the obligation to cooperate does not extend to a violation of the constitutional right against self-incrimination. Vinay Kumar Gupta v. State of Madhya Pradesh, 2026 LiveLaw (SC) 180

Trial Delay and Witness Management — Noted that the prosecution expressed intent to examine 159 witnesses - noted that even examining 50% of these witnesses would take a "pretty long time" and questioned the necessity of multiplying witnesses on the same issues – noted that the prosecution should focus on important witnesses to establish its case rather than prolonging the trial - While acknowledging the gravity of the NDPS charges, exercised its discretion in favor of the petitioner due to the overall delay and the age of pending cases in the Trial Court - Bail granted subject to terms imposed by the Trial Court and specific conditions including a travel restriction to Ankleshwar, Gujarat, and surrender of passport. [Paras 5-11] Chintan Rajubhai Panseriya v. State of Maharashtra, 2026 LiveLaw (SC) 99

Sections 8, 21, and 22 – Drugs (Control) Act, 1950 – Sections 5 and 13 – Grant of Anticipatory Bail – Appellant sought anticipatory bail in a case involving the seizure of 710 bottles of cough syrup from a car registered in his name, though he was not named in the FIR - Noted that since the appellant had already joined the investigation and was cooperating within the limitations prescribed by law, custodial interrogation was not warranted at this stage - allowing the appeal and setting aside the High Court's denial of bail, the Supreme Court directed that in the event of arrest, the appellant be released on terms fixed by the trial court, subject to compliance with conditions stipulated under Section 482(2) of the BNSS. Vinay Kumar Gupta v. State of Madhya Pradesh, 2026 LiveLaw (SC) 180

Sections 8(b), 22(c), 25, 27-A, and 29 — Grant of Bail — Prolonged Incarceration vs. Seriousness of Offence — Prosecution's Intention to Examine 159 Witnesses — The petitioner was arrested on March 29, 2022, in connection with the recovery of approximately 2428 Kilograms of Mephedrone - Despite the seriousness of the crime, Supreme Court noted that the petitioner remained in judicial custody as an undertrial prisoner for over 3 years and 6 months - the charge was only framed on January 16, 2026, after the Court's previous intervention. Chintan Rajubhai Panseriya v. State of Maharashtra, 2026 LiveLaw (SC) 99

Sections 8(c), 20(b)(ii)(C), 22(c), 23, 28, and 29 — Bail — Commercial Quantity — Prolonged Incarceration — Parity — The Supreme Court granted regular bail to the appellant despite the seizure of a commercial quantity of contraband - noted that the appellant had been in custody for 4 years, 1 month, and 28 days - Relief was further justified on the grounds of parity, as an identically situated accused person traveling on the same flight had already been granted bail by the Court – Supreme Court set aside the High Court's order denying bail and directed release on stringent terms, including the surrender of her passport. Reginamary Chellamani v. State Rep By Superintendent of Customs, 2026 LiveLaw (SC) 121 : 2026 INSC 127 : AIR 2026 SC 800

Section 50 – Conditions under which search of persons shall be conducted – Non-compliance with mandatory requirements – Provision of "Third Option" for search – Noted that the High Court's acquittal of the accused was upheld where the Investigating Officer, while apprising the accused of his rights, provided a "third option" to be searched by the Police Officer instead of only a Magistrate or a Gazetted Officer - Such an option is contrary to the statutory mandate of Section 50, which only allows for search before a Gazetted Officer or a Magistrate – Held that although the contraband (11 kg 50 grams of Charas) was recovered from a bag carried by the accused, Section 50 was attracted because a personal search was also conducted alongside the search of the bag – noted that the prosecution's case was further weakened by the testimony of PW-8 (shopkeeper), who denied providing an electronic weighing scale as claimed by the police, stating he only possessed traditional scales - This discrepancy rendered the prosecution's version of events doubtful and untrustworthy. [Relied on State of Rajasthan v. Parmanand and Another (2014) 5 SCC 345; Suresh and Others v. State of Madhya Pradesh (2013) 1 SCC 550; Vijaysinh Chandubha Jadeja v. State of Gujarat (2011) 1 SCC 609; Paras 17-18] State of Himachal Pradesh v. Surat Singh, 2026 LiveLaw (SC) 246 : 2026 INSC 240 : AIR 2026 SC 1420