Supreme Court Orders Personal Presence Of Narcotics Control Bureau Director & Guwahati NCB IG Over Casual Handling Of NDPS Case

Voicing serious concern over the delay in a matter involving a commercial quantity of narcotics, the Supreme Court directed the personal appearance of the Director, Narcotics Control Bureau (NCB) and the Inspector General, NCB, Guwahati on the next date of hearing.A Bench comprising Justices Sanjay Karol and Augustine George Masih passed the order while hearing the NCB's challenge to the Gauhati High Court's decision granting bail to an accused allegedly found in possession of 1.045 kg of heroin. The bail was granted on the ground that the trial had been unduly delayed, as the case dated back to 2021 and none of the eight prosecution witnesses had been examined.After the first date of hearing held on Dec. 17, 2025, the Court prima facie held the High Court's decision to grant bail to be in violation of Section 37 of the NDPS Act and directed the Respondent-accused to surrender forthwith. It also directed the concerned Senior Superintendent of Police to affect the service to the Respondent. When the matter was called on for hearing on Jan.27, 2026, the Court took note of non-compliance with its own procedural directions made on December 17, 2025, as no response had been received from the Superintendent of Police, and the petitioner(NCB) had not placed any material on record showing the outcome of the dasti service. Further, the Court questioned the NCB for thedelay in witness examination, noting that prolonged delay in recording evidence weakens the prosecution's opposition to bail and strengthens the accused's claim under Article 21 for a speedy trial. The Bench indicated that when bail is granted due to prosecutorial delay, the responsibility squarely lies on the State machinery, as the prosecution cannot take advantage of its own wrong. “Why none of the eight witnesses could not be examined is not evident from the record:”, the court noted. Also, the Court pointed out the unexplained delay in preferring this plea, saying that when the impugned order of High Court granting a bail was of 20.04.2024, the special leave petition was filed only on 10.11.2025 - almost one and a half years later. The Court wanted to know whether the NCB or the Union of India had any effective system to monitor adverse bail orders, particularly in NDPS cases involving commercial quantities, and to challenge them promptly. “Even though the impugned order was passed on 20.04.2024 the special leave petition was preferred only on 10.11.2025. Conscious of the fact that we have condoned the delay, but no further explanation is forthcoming as to what is the mechanism adopted by the petitioner, ensuring filing of the petitions assailing such like orders on expeditious basis”, the court noted. In terms of the aforesaid, the matter is next listed on 12.02.2026. Cause Title: UNION OF INDIA VERSUS ABID PERVEZ @ AZAD PERVEZ Click here to download orderAppearance: For Petitioner(s) :Mr. S.D. Sanjay, A.S.G. Mr. Rajat Nair, Adv. Ms. Mili Baxi, Adv. Mr. Rajan Chourasia, Adv. Mr. Rajender Singh Rana, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Vipin Kalra, Adv. For Respondent(s) : None

Supreme Court Orders Personal Presence Of Narcotics Control Bureau Director & Guwahati NCB IG Over Casual Handling Of NDPS Case

Yash Mittal

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