The Supreme Court has observed that drug users at the lowest level of the narcotics supply chain should not be treated merely as offenders, emphasising that law enforcement agencies must focus on curbing the availability of narcotic substances and dismantling the supply chain rather than simply punishing users.

A Bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran made the observation while quashing the prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), against a woman accused of receiving a packet of marijuana from two alleged sellers near an educational institution.

The Court cautioned that prosecuting alleged drug users and keeping them in custody pending trial may have counterproductive consequences, including the possibility of their becoming further involved in the narcotics trade through associations developed in prison.

“Curbing availability and breaking the supply chain shall be the focus and not merely punishing the user, who is actually the victim,” the Bench observed.

Case Background

The case arose from allegations that the appellant, a woman arrayed as the fourth accused in an NDPS case, had approached two persons near a college and received a packet containing marijuana, which she allegedly placed in her bag.

According to the prosecution, the police apprehended all three individuals, while a larger quantity of marijuana was allegedly found in the possession of the two other accused, who were travelling on a scooter.

However, no contraband was recovered from the appellant or her bag. The prosecution case against her was substantially based on statements attributed to the co-accused and her alleged confession.

The appellant challenged the continuation of the criminal proceedings before the Supreme Court.

Supreme Court Quashes NDPS Prosecution

The Supreme Court noted that the case against the appellant rested on the statements of the co-accused and the appellant’s alleged confessional statements. In the absence of any contraband recovered from her, the Court concluded that continuing the prosecution would serve no useful purpose in the circumstances of the case.

The Bench reiterated the legal principle concerning the inadmissibility of confessions in the circumstances applicable to the case and observed that the prosecution could not be continued merely on the basis of the material relied upon against the appellant.

The Court also expressed concern that prosecuting persons who may themselves be victims of the narcotics supply chain could produce adverse consequences rather than address the underlying problem.

‘Incarceration Pending Trial Can Lead To More Disastrous Consequences’

The Bench highlighted the risks associated with keeping alleged drug users in prison while their trials are pending. It observed that interactions and associations developed in prison could expose such individuals to the narcotics supply chain and potentially draw them further into the drug trade.

The Court stressed that the enforcement approach should focus on preventing the availability and distribution of narcotic substances and targeting the supply chain, rather than concentrating exclusively on punishing the end users.

Accordingly, the Supreme Court allowed the appeal and quashed the prosecution against the appellant.

Case Details

• Case Title: Sanjana Bhaskaran v. State of Telangana & Anr.
• Case No.: SLP (Crl) No.3435 of 2026
• Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran

Representation:-

For the Petitioner(s): Mr. Dinesh Kothari Advocate, Mr. B.S. Randhawa Advocate, Mr. Gopal Singh Chauhan Advocate, Mr. Harsh Gupta Advocate, Ms. Goldy Goyal AOR

For the Respondent(s): Ms. Devina Sehgal AOR, Mr. Srikanth Varma Mudunuru Advocate, Mr. Yatharth Kansal