Power to undertake controlled delivery
Section 50A of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with power to undertake controlled delivery. The Director General of Narcotics Control Bureau constituted under sub-section (3) of section 4 or any other officer authorised by him in this behalf, may, notwithstanding anything contained in this Act, undertake controlled delivery of any consignment to-- (a) any destination in India; The Act came into force on 14 Nov 1985.
1[50A. Power to undertake controlled delivery.-- The Director General of Narcotics Control Bureau constituted under sub-section (3) of section 4 or any other officer authorised by him in this behalf, may, notwithstanding anything contained in this Act, undertake controlled delivery of any consignment to--
(a) any destination in India;
(b) a foreign country, in consultation with the competent authority of such foreign country to which such consignment is destined, in such manner as may be prescribed.]
Section 50A, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mr Junaid Hussain Haveri vs Union of India
Court's Decision & Legal Precedent
Authorisation by the Director General of the Narcotics Control Bureau, or by an officer authorised by him, is a mandatory requirement before controlled delivery is undertaken; where NCB officers ran a dummy-parcel delivery without any such authorisation the controlled-delivery exercise stood vitiated and its report could not be used to identify the accused, and bail was granted to two of the three accused.
On this section: Holds the Section 50A authorisation to be a condition precedent to the investigative technique of controlled delivery, reading Section 2(viib) with Section 50A, and strikes down the delivery report for non-compliance.
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Vishal Virender Sharma vs Union of India, ANR
Court's Decision & Legal Precedent
Where the Director General of the NCB had issued a Section 50A authorisation in favour of the very officer who supervised the controlled delivery, and the delivery itself was carried out after that authorisation, the fact that the parcel had already been opened and the heroin replaced with waste paper beforehand does not vitiate the exercise at the bail stage; the definition in Section 2(viib) must be read with Section 50A, whose object is to identify the person for whom the consignment is intended.
On this section: Applies Section 50A to fix the point at which authorisation must exist, holding that prior detection and substitution of the contraband is not itself a breach of the section and that any residual challenge belongs to the trial.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 50A
What have the courts held on Section 50A of the Narcotic Drugs and Psychotropic Substances Act?
Mr Junaid Hussain Haveri vs Union of India (12 Sep 2023) is the leading judgment on this section among those set out below: Holds the Section 50A authorisation to be a condition precedent to the investigative technique of controlled delivery, reading Section 2(viib) with Section 50A, and strikes down the delivery report for non-compliance. Another 1 judgment on this section is set out below. They run from 2023 to 2024.
How do I find court cases under Section 50A of the Narcotic Drugs and Psychotropic Substances Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NDPS Act 50A, section 50A NDPS Act, section 50A of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type 50a ndps act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Mr Junaid Hussain Haveri vs Union of India (12 Sep 2023).
What should I read with Section 50A of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?
Its own text turns on section 4 (Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it.
When did Section 50A of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 50A of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 50A, came into force on 14 Nov 1985, having been enacted on 16 Sep 1985. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1747 words
- 68B. Definitions819 words
- 9. Power of Central Government to permit, control and regulate816 words
- 36A. Offences triable by Special Courts631 words
- 10. Power of State Government to permit, control and regulate568 words
- 42. Power of entry, search, seizure and arrest without warrant or authorisation507 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.