According to the recent Punjab and Haryana High Court, the forensic report under the NDPS Act is the major basis of the cases concerned.
In a significant observation, the High Court held that in the absence of a forensic report, the entire prosecution case would become baseless.
About Narcotic Drugs and Psychotropic Substances Act, 1985: NDPS Act:
- The NDPS Act penalizes possession, purchase, sale, transport and consumption of a narcotic drug or psychotropic substance.
- The NDPS Act defines narcotic drug as coca leaf, cannabis, opium, poppy grass derivatives/concentrates and other narcotic drugs notified by the Central Government.
- It may be noted that any use of such substances for scientific or medicinal purposes is exempted from the rigors of the Act.
- The quantum of punishment depends on the amount of substances found.
- Under this Act, unless the accused proves his non-participation in the offence, the accused is deemed to have committed an offence.
- Every offense punishable under the NDPS Act is cognizable in nature, i.e. the authorities can arrest a person without warrant. It may be noted that bail cannot be sought as a matter of right under NDPS.
- An addict convicted of offenses relating to the consumption or small amount of a narcotic drug or psychotropic substance shall be exempt from prosecution on voluntarily de-addiction or engaging in de-addiction treatment.
Source – The Hindu