NDPS Conviction Set Aside for Search Violations

Centax Editorial Board

February 8, 2026

• 2 min. read

Case Details: Doniyar Vildanov vs. State of U.P. (2026) 39 Centax 57 (S.C.)

Judiciary and Counsel Details

K. Vinod Chandran, J.

Facts of the Case

The prosecution alleged that charas was recovered from the bag carried by the accused, a foreign national, after he was intercepted near the Indo-Nepal border, following which criminal proceedings were initiated for offences under Sections 8, 20 and 23 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The accused contended that he was taken into custody earlier and that the recovery was falsely planted. It was further contended that mandatory search requirements under the NDPS Act were not complied with, as the contraband was allegedly detected before he was informed of his statutory rights. The accused also contended that the consent letter was defective; the recovery mahazar did not indicate the bag allegedly containing the contraband; the interception timeline was doubtful based on passport details; and the presence and whereabouts of his pet dog were not recorded. The High Court affirmed the conviction and sentence imposed by the Trial Court, and the matter was accordingly placed before the Hon’ble Supreme Court.

Supreme Court Held

The Hon’ble Supreme Court held that, since charas was allegedly found in the accused’s bag, detection was not possible without a search; therefore, strict compliance with the mandatory search and seizure requirements under the NDPS Act was essential. The Court held that the evidence on record showed non-compliance with such mandatory requirements, rendering the search and seizure invalid. It was further held that the defects in the consent letter, omissions in the recovery mahazar, and inconsistencies in the prosecution evidence were not minor but were glaring enough to raise a reasonable doubt regarding the alleged offence. Holding that the prosecution failed to prove guilt beyond a reasonable doubt under Section 37 read with Section 50 of the NDPS Act, the Court set aside the conviction, acquitted the accused, directed his release, and ordered the return of the original passport.