The Supreme Court has granted anticipatory bail to an individual accused of possessing Tapentadol Hydrochloride tablets, stating that the pain-relief medication does not fall under the category of psychotropic substances as per the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
A bench comprising Justices Dipankar Datta and Manmohan examined the case, which involved the alleged recovery of 550 Tapentadol Hydrochloride tablets from a car in which the appellant was traveling with a co-accused, the vehicle’s owner. Following an FIR under Sections 22 and 29 of the NDPS Act, the appellant sought anticipatory bail from the Punjab & Haryana High Court, which denied the request, prompting an appeal to the Supreme Court.
The defense pointed out that Tapentadol Hydrochloride is not listed as a psychotropic substance under the NDPS Act, citing precedents from two High Court rulings. The Supreme Court agreed, noting the absence of a prima facie case and ruling that this warranted the grant of anticipatory bail.
The Court directed that in the event of the appellant’s arrest, he must be released on bail under conditions determined by the trial court. With this ruling, the appeal was allowed.
