High Court Chandigarh Directions in Ndps Cases

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Last Updated on January 11, 2026 by Satish Mishra

The “directions” issued by the Punjab and Haryana High Court in NDPS (Narcotic Drugs and Psychotropic Substances) cases are comprehensive guidelines aimed at ensuring speedy trials, maintaining strict procedural compliance by law enforcement, and addressing the drug menace. 

HIGH COURT DIRECTION ON NDPS CASES

These judicial directions apply to trial courts, the police/investigating agencies, forensic laboratories, and the prosecution across Punjab, Haryana, and Chandigarh. 

For Investigating Agencies & Police

  • Procedural Safeguards: Mandatory compliance with procedural requirements under the NDPS Act, such as Sections 42 (recording information in writing and sending to superior within 72 hours), 50 (offering a search by a gazetted officer or magistrate), and 57 (submitting a full report of arrest/seizure to superior within 48 hours). Non-compliance can lead to acquittals.
  • Witness Attendance: Ensuring police officials who are prosecution witnesses (PWs) attend trial courts on scheduled dates without fail to avoid delays.
  • Contraband Disposal: Prompt action by Station House Officers (SHOs) to move applications for the disposal of seized contraband lying in ‘Malkhanas’ (police store rooms) after following the procedure under Section 52A(2) of the NDPS Act.
  • Courier Services: Directing police to book owners of courier companies under the NDPS Act if narcotics are found to have been supplied through their services, and instructing courier services to use drug detection kits.
  • Vehicle Seizure: Law enforcement is directed to handle seized vehicles according to established law, recognizing that innocent owners may be granted interim custody of their vehicle during trial. 

For Trial Courts (Special Courts)

  • Speedy Trial: Special Courts are instructed to fast-track trials, especially for cases involving commercial quantities of drugs, and avoid granting lavish adjournments. Case management techniques are to be employed.
  • Bail Applications: Directions clarify that the stringent bail conditions under Section 37 of the NDPS Act apply to traffickers/commercial quantity cases, but individuals caught with a small quantity may be granted bail, provided addiction is proved (Section 64-A).
  • Challan (Charge Sheet) Filing: The court has addressed conflicting judgments regarding default bail if the FSL report is not submitted with the challan, aiming for a larger bench decision to ensure uniformity. 

For Forensic Science Laboratories (FSLs)

  • Prioritize Testing: FSLs are instructed to prioritize the chemical testing of NDPS samples to prevent investigation delays.
  • Accountability: Directors and Deputy Directors of laboratories are held accountable for unwarranted delays in processing samples. 

There is no single age group of people more affected by alcohol and drugs than young people. It may seem that it is an issue of an individual but in some ways it feels like it is an issue everywhere:  for individual, his family and his friends. All over the nation, alcohol and drugs affect each and every one of us, directly or indirectly:  in our homes, in our families, in our school, in our dorm, in our community, town or city. It is to be noted that more than 23 million people over the age of 12 are addicted to alcohol and other drugs affecting millions more people — parents, family members, friends and neighbors.

Also Read- ALL ABOUT GETTING BAIL IN NDPS CASES

For some, one time or infrequent use of alcohol or drugs can result in tragedy: alcohol overdose, an accident or fall when under the influence of alcohol or drugs, or an arrest associated with alcohol or drugs that may cost you your reputation and your freedom. For others, even though they may not use alcohol or drugs, they could become a victim of an alcohol or drug-related crime. And, for yet others, what may have started as occasional use can turn into an addiction that presents extraordinary health concerns with potentially grave and tragic consequences. To avoid such situations, necessary steps are taken by the authorities.

Also Read- ALL ABOUT GETTING BAIL IN INDIA

PUNJAB AND HARYANA HIGH COURT JUDGMENT

  • The Punjab and Haryana high court has issued a slew of directions to Haryana government to deal with drug menance and drug peddlers in the state.
  •  The high court bench of justice Rajiv Sharma and justice HS Sidhu passed the order while deciding a drug seizure case of 2011, reported in Dabwali area of Sirsa.
  • The directions include orders to director general of police (DGP) to revamp, restructure and strengthen the special task force (STF) and deploy policemen in plain clothes from 8am to 6pm in the vicinity of educational institutes.

Also Read-SUSPENSION OF SENTENCE FROM HIGH COURT CHANDIGARH

  • The DGP has also been directed to register cases against kingpins under the prevention of Money Laundering Act.
  • The court said that the main concern of the court is that charas, heroin and artificial drugs should not be available in the state at all.
  • The court also added that it is intriguing to note that students are getting prohibited drugs but police is not in a position to catch hold of kingpins and peddlers.
  • The court had issued similar directions to Punjab government regarding the same in the early January.

Also Read- Transfer Of a Criminal Case from High Court Chandigarh

GUIDELINES FROM THE COURT

  • Government to launch special awareness drives with deputy commissioner as nodal officers,
  • Police to be provided with special kits for investigation,
  • Refresher course for cops on procedure to probe drugs cases,
  • Drugs suppliers to be probed for money laundering,
  • Attachment of properties of drug dealers,
  • State to establish rehabilitation centres in each district with on psychiatrist within six months,
  • Counselors to visit all the schools falling in his jurisdiction to educate students,
  • All educational institutions to appoint the senior-most teacher as the nodal officer to counsel the students every Friday each month,
  • The drugs inspector should be accompanied by a deputy superintendent of police (DSP) during raids,

Also Read- GETTING DIRECTIONS FROM HIGH COURT IN CRIMINAL CASE

  • SPs to personally monitor all the drug seizure cases,
  • DSPs concerned to visit every medical shop at least once in 24 hours,
  • District-level anti-narcotics cells to be constituted within a month to identify vulnerable areas,
  • Police stations to prepare data of those who previously caught with drugs and keep surveillance on them,
  • Director, education to provide the list of vulnerable schools to police, a mandatory and comprehensive chapter on drug abuse schools, other institutes to constitute anti drugs clubs,
  • Prison staff to be sensitized in detecting and seizing drugs, all prisons to have sniffer dogs,
  • Every prisoner entering the jail for the first time to be tested for addiction, frequent tests of other prisoners.

Also Read- GROUNDS FOR QUASHING OF FIR

You must seek legal advice from best/top/expert NDPS lawyers in Chandigarh Panchkula Mohali and Punjab and Haryana High Court lawyers before proceeding ahead with your criminal case. NDPS cases invite stringent punishment in form of jail upto 5/10/20 years. So a sound professional advice goes a long way in securing an acquittal.

Also Read- ARREST SEARCH AND SEIZURE LAW IN NDPS

Post Written by – Research Team of LegalSeva (LawFirm) of Satish Mishra Advocate. Responses from Google’s AI Overview  included in Post.

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