In Brief
The Supreme Court held that dealing in psychotropic substances listed in the Schedule to the NDPS Act (1985), even if not listed in Schedule I of the NDPS Rules, constitutes an offence under Section 8(c). The Court overruled the earlier decision in Rajesh Kumar Gupta, clarifying that Section 8's prohibition applies to all scheduled psychotropic substances, and Rules 53 and 64 are exceptions, not the source of the ban. The Sanjeev V. Deshpande decision has retrospective effect on pending cases. The Court also ruled that Section 216 CrPC permits only alteration or addition of charges, not deletion, and an accused cannot be discharged after charges are framed. Acquittals previously finalized remain undisturbed, but pending trials must proceed under the correct law.
The lawyer headnote and full judgment text are available to registered users.