Sexual Enhancement Drugs Not Covered Under NDPS Act: SC

admin January 4, 2022
Updated 2022/01/04 at 1:43 PM

The Supreme Court has ruled that sexual enhancement drugs containing plants and medicines are not covered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The statement was made in response to a bail application filed by a man charged in a case involving the seizure of around 1,37,665 tablets of various types, weighing approximately 90 kg from four sites in Chennai in 2019.

The tablets were characterised by the investigating agency as “psychotropic drugs.”

However, forensic examinations revealed that a “substantial quantity” of tablets seized by the Directorate of Revenue Intelligence (DRI) included herbs that were intended to increase male potency.

The appellant was found in Jaipur after one of the accused gave a confession in Chennai.

The appellant was granted bail by the Special Court under the NDPS Act, but the verdict was overturned by the Madras High Court. He then filed an appeal with the Supreme Court.

Apart from pointing out that sexual enhancement pills are not included under the NDPS law, a bench headed by Chief Justice N.V. Ramana found that no incriminating evidence was seized from the appellant in its ruling granting bail and overturning the High Court order.

The DRI’s reliance on printouts of WhatsApp chats retrieved from his phone and equipment seized from his business premises was also dismissed by the supreme court.

The court ruled that there was insufficient “material to demonstrate a living relationship” between the appellant and the other defendants.

The appellant had been drawn into the case entirely on the basis of a confessional declaration, according to the court. However, under Section 67 of the NDPS Act, such a declaration is not admissible as evidence.


Source: The Hindu

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