Summary
The Supreme Court set aside suspension of sentence and bail granted on the premise that possession of manufactured drugs could be prosecuted only under the Drugs and Cosmetics Act. The NDPS Act operates in addition to that Act, and even medical or scientific dealings must comply with NDPS requirements. Immediate custody was directed. The underlying conviction appeals remained for the High Court, with expedition requested and the observations confined to the present suspension appeals.
Issues
- Whether manufactured drugs were excluded from prosecution under the NDPS Act by the Drugs and Cosmetics Act.
- Whether suspension of sentence and bail granted on that premise could stand.
Provisions considered
- Section 8(c), Narcotic Drugs and Psychotropic Substances Act, 1985Dealings in narcotic drugs or psychotropic substances for medical or scientific purposes remain subject to the manner, extent and authorisations prescribed by the NDPS regime. (¶¶ 9, 11, 15)
- Section 80, Narcotic Drugs and Psychotropic Substances Act, 1985The NDPS Act and rules operate in addition to, and not in derogation of, the Drugs and Cosmetics Act and rules; manufactured form alone did not exclude NDPS prosecution. (¶¶ 14, 15, 16)
Held
- The two enactments serve distinct regulatory purposes. The Drugs and Cosmetics Act does not exclude the NDPS Act merely because the substance is a manufactured drug. (¶¶ 8, 14, 15, 16)
- Even a medical or scientific purpose does not by itself remove Section 8’s restriction; the dealing must comply with the applicable NDPS provisions, rules and orders. (¶¶ 9, 11)
- The High Court erred in treating prosecution as confined to the Drugs and Cosmetics Act and in making merits observations while considering suspension of sentence in pending appeals. Its suspension and bail order was unsustainable. (¶¶ 16, 17)
- The respondents were directed to be taken into custody forthwith. Expedition of the pending appeals was requested in light of submissions about substantial incarceration; the present observations were confined to deciding these appeals. (¶¶ 18, 19, 20)
Result
State appeals allowed; suspension-of-sentence and bail order set aside and immediate custody directed. Underlying appeals remain pending for determination by the High Court; pending applications disposed of.