NDPS Act Has Overriding Effect Over Drug Related Crimes In Customs Area Too: Rajasthan High Court Denies Bail In Hydroponic Weed Seizure Case

The Rajasthan High Court has accepted the action on part of the Customs Department in a case involving illicit transportation of Hydroponic Weed from Bangkok, wherein it didn't invoke the relevant provisions of the Customs Act, 1962 and rather invoked the Narcotic Drugs and Psychotropic Substances Act, 1985.

The Court was considering a Bail Application filed in case registered for offences under Sections 8, 20, 23 and 29 of the NDPS Act.

The Bench comprising of Justice Sameer Jain was apprised that in cases involving narcotic or psychotropic substances brought within the territorial jurisdiction of India, the Narcotic Drugs and Psychotropic Substances Act, 1985, being a special statute, assumes overriding effect by virtue of Section 80 NDPS Act, which explicitly provides that the provisions of the NDPS Act are in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 and any other law for the time being in force.

The Applicant was represented by Advocate Mohit Sharma, while the Respondent was represented by Senior Standing Counsel Kinshuk Jain.

It was further submitted that, as a matter of consistent administrative practice, and in conformity with the principle lex specialis derogat legi generali, when any narcotic substance is seized in an airport customs zone, the customs officer, who is deemed to be an “empowered officer” under Section 42 and Section 53 NDPS Act, acts in accordance with the procedure prescribed under the NDPS Act, including compliance with Sections 42, 43, 50, 52, 52A, 57, and thereafter promptly refers the matter to the Narcotics Control Bureau (NCB) or the State police for further investigation under Chapter V of the Act.

"In light of these legal principles and statutory mandates, this Court is persuaded to accept the explanation tendered by the Mr. R. K. Chandan, Commissioner of Customs, that the NDPS Act, by virtue of its special and overriding character, governs the procedural and substantive course of action even within a customs controlled environment, and hence, the non-invocation of specific provisions of the Customs Act does not, per se, vitiate the investigation, so long as the procedural rigour mandated under the NDPS Act has been duly adhered to", the Court observed.

It went on to deny bail to the accused in the case.

The Application was accordingly dismissed.

Cause Title: Kuldeep Singh v. D.r.i. (2025:RJ-JP:48260)

Appearances:

Applicant- Advocate Mohit Sharma

Respondent- Senior Standing Counsel Kinshuk Jain, Advocate Jay Upadhyay, Advocate Saurabh Jain, Advocate R. K. Chandan

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