Supreme Court modifies Calcutta High Court order challenging acquittal under NDPS Act

The Supreme Courtroom on Wednesday modified the Calcutta Excessive Courtroom order that imposed price on the Central authorities over its delay in submitting an enchantment towards acquittal below the Narcotic Medication and Psychotropic Substances (NDPS) Act.

The Bench of Justice MM Sundresh and Justice Okay Vinod Chandran decreased the quantum of the associated fee from Rs one lakh to Rs 50,000. It additional directed that the associated fee needs to be deposited by the Union authorities and never the officers concerned within the making and submitting of the enchantment, as directed by the Excessive Courtroom.

The Apex Courtroom handed the decision on a petition difficult the Excessive Courtroom’s judgment of June 16, 2025.

A Particular Courtroom had acquitted the accused in an NDPS case below Sections 25A/29 of the Act on June 7, 2024. The Union authorities challenged this verdict earlier than the Excessive Courtroom on March 17, 2025 below Part 5 of the Limitation Act.

Throughout preliminary hearings, the Excessive Courtroom famous that the delay ordained in submitting of the enchantment was not sufficiently defined by the federal government in its software. It additional noticed that the petition was filed with out an software searching for go away to enchantment below Part 387(3) of CrPC [corresponding to Section 419(3) of BNSS].

The Excessive Courtroom granted alternative to the Centre to rectify the error. The Union authorities filed the requisite software on June 13, 2025, adopted by an in depth report explaining that the division involved had acted in good religion in pursuing the enchantment.

The Excessive Courtroom, nonetheless, permitted the enchantment to be withdrawn and ordered fee of Rs one lakh price.

The Centre moved the Apex Courtroom on the grounds that the associated fee imposed was manifestly unjust and disproportionate to the character of the lapse.

The highest court docket of the nation noticed that the Centre filed the applying after a substantial size of time. There should be both the fault of both the Union authorities’s lawyer or its officer.

Showing for the Centre, Further Solicitor Basic SD Sanjay requested the Courtroom for some observations in its order on delayed appeals, conceding that there have been disturbing and recurring delays of their submitting regardless of writing to the officers. He added that the Courtroom’s observations would assist the matter.