Nadeem Ahamed vs State of West Bengal 2025 INSC 993 - S.52A NDPS Act
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NDPS Act - Section 52A - The procedure under Section 52A of the NDPS Act has not been considered to be mandatory by this Court, but the facts taken cumulatively, i.e., the non-drawing of the samples in light of the Standing Order no. 1 of 1989, and the complete non-compliance of Section 52A of the NDPS Act, makes the entire procedure of seizure and sampling a total farce, and thereby, unworthy of credence. (Para 30)
NDPS Act - If at all the prosecution intended to bring home the charge of conspiracy, and club the contraband recovered from both the accused persons together, then positive proof to support the charge of conspiracy had to be presented. Such proof could not be substituted with mere inferences or conjectures. Positive and tangible evidence was necessary to establish, beyond reasonable doubt, that both accused persons had prior knowledge of the contraband in the other’s possession
Case Info
The case is
Case Name and Neutral Citation
- Case Name: Nadeem Ahamed v. State of West Bengal
- Neutral Citation: 2025 INSC 993
Coram (Judges)
- Justice Aravind Kumar
- Justice Sandeep Mehta
Judgment Date
- August 5, 2025
Caselaws and Citations Referred
- Amarsingh Ramjibhai Barot v. State of Gujarat
- Citation: (2005) 7 SCC 550
- Discussed regarding the requirement of evidence for conspiracy and the error of clubbing quantities of contraband without proof of conspiracy.
- Noor Aga v. State of Punjab
- Citation: (2008) 16 SCC 417
- Referred for compliance with Standing Order No. 1 of 1989 regarding sampling procedures in NDPS cases.
Statutes/Laws Referred
- Code of Criminal Procedure, 1973 (CrPC)
- Section 374(2): Appeal against conviction
- Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)
- Section 21(c): Punishment for contravention in relation to manufactured drugs and preparations
- Section 29: Punishment for abetment and criminal conspiracy
- Section 50: Conditions under which search of persons shall be conducted
- Section 52A: Disposal of seized narcotic drugs and psychotropic substances
- Section 53: Power to invest officers with powers of an officer-in-charge of a police station
- Standing Order No. 1 of 1989 (Anti-Smuggling Unit, Department of Revenue, Ministry of Finance)
- Clause 2.2: Guidelines for sampling of seized narcotic drugs
