The application of Section 52-A of the NDPS Act was deemed inappropriate in the present case.

JUDGMENT

IA No. 10092/2025 - EXEMPTION FROM FILING O.T.

IA No. 10095/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES WITH SLP(Crl) No. 1232/2025 (II-A)

FOR ADMISSION and I.R.

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JUDGMENT

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IA No. 22400/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES SLP(Crl) No. 1239/2025 (II-A)

IA No. 22738/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT

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IA No. 22740/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES SLP(Crl) No. 1344/2025 (II-A)

IA No. 24101/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT

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IA No. 24103/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES SLP (Crl.) No. No. 1391/2025 SignaItureA Not VeriNfiedo. 25152/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED DigitaJlly sUignDed bGyMENT babita pandey Date: 2025.02.04

20:15:I34 AIST No. 25155/2025 - EXEMPTION FROM FILING O.T.

Reason:

IA No. 25161/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES SLP(Crl) No. 1424/2025 (II-A)

FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA

26024/2025 IA No. 26021/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT

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IA No. 26024/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES SLP(Crl) No. 1354/2025 (II-A)

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JUDGMENT

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JUDGMENT

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IA No. 26292/2025 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES Date : 31-01-2025 These matters were called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Tushar Mehta, Solicitor General Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv.

Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv.

For Respondent(s) Mr. Shakul R. Ghatole, Adv.

Mr. Aatish Kaningdhvaj, Adv.

Mr. Vatsalya Vigya, AOR UPON hearing the counsel, the Court made the following

O R D E R

The issue relating to the interpretation of Section 52-A of the Narcotic Drugs and Psychotropic Substances Act , 1985¹, is pending consideration before this Court.

For short “NDPS Act”.

However, our attention is drawn to the judgments of this Court in “ Narcotics Control Bureau v. Kashif ”² and “ Bharat Aambale v. State of Chhatisgarh ”³, which support the submission that Section 52-A of the NDPS Act would have no application to the facts of the present case.

Our attention is also drawn to the record of proceedings dated

11.07.2024 in “State of Kerala v. Vaisakh”.

In view of the aforesaid position, reliance placed in the impugned judgment upon Section 52-A of the NDPS Act does not appear to be appropriate. However, as the period of incarceration suffered by the respondents is around 4 to 5 years, we are not inclined to issue notice in the present special leave petitions and, hence, the same are dismissed.

Pending application(s), if any, shall stand disposed of.

(BABITA PANDEY) (R.S. NARAYANAN)

AR-CUM-PS ASSISTANT REGISTRAR

2 (2024) SCC OnLine 3848.

3

2025 SCC OnLine SC 110.

SLP (Crl.) No. 8556/2024.