In Brief
The State of Punjab appealed against a High Court order that suspended sentences and granted bail to 25 accused-respondents convicted under the NDPS Act for possession of manufactured drugs containing narcotic/psychotropic substances. The High Court had held such cases should be tried under the Drugs and Cosmetics Act, not the NDPS Act. The Supreme Court allowed the State's appeals, holding that the NDPS Act and Drugs and Cosmetics Act are complementary statutes operating together, not exclusively. Bulk possession of manufactured drugs without authorization violates Section 8 of the NDPS Act. The State has discretion to prosecute under the NDPS Act when its provisions are violated. The High Court erred in suspending sentences based on an incorrect legal interpretation.
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