Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures
Section 51 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures. The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply, in so far as they are not inconsistent with the provisions of this Act, to all warrants issued and arrests, searches and seizures made under this Act. The Act came into force on 14 Nov 1985.
The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply, in so far as they are not inconsistent with the provisions of this Act, to all warrants issued and arrests, searches and seizures made under this Act.
Section 51, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
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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Kondishetti Nageswararao vs State of Telangana
Court's Decision & Legal Precedent
An accused who has been granted regular bail but subsequently absents himself from court on the date of trial commencement, necessitating issuance of a non-bailable warrant, and whose application to recall such warrant is dismissed, is not entitled to further bail relief merely by filing another bail application. The proper remedy is to pay the penalty to the earlier bond and file a fresh bail application with solvency as per the earlier bail conditions. The bail order itself remains in force even after bonds are cancelled; only the bonds cease to have force. General bail provisions of Criminal Procedure Code apply to NDPS cases except those specifically provided under Section 37 of the NDPS Act.
On this section: Court noted that provisions of Criminal Procedure Code relating to bail and bonds equally apply to NDPS cases except those specifically provided under Section 37
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Nunavath Shankar vs The State of Telangana
Court's Decision & Legal Precedent
When an accused who has been granted bail fails to appear in court and a Non-Bailable Warrant is executed leading to remand to judicial custody, the bail order does not stand automatically cancelled. However, the bonds executed by sureties stand automatically cancelled under Chapter XXXIII Cr.P.C. upon non-appearance of the accused. The proper remedy for the accused to seek bail reinstatement is not to file fresh bail applications, but to file an application or memo before the trial court to pay the penalty of the bond earlier forfeited. Only after payment of such penalty can fresh solvency be entertained for bail reinstatement. The accused must follow this procedure under Chapter XXXIII Cr.P.C., particularly Sections 442 and 450, rather than repeatedly filing bail applications.
On this section: Referenced in context of bail jurisdiction of Special Court
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 51
What have the courts held on Section 51 of the Narcotic Drugs and Psychotropic Substances Act?
Kondishetti Nageswararao vs State of Telangana (28 Jul 2014) is the leading judgment on this section among those set out below: Court noted that provisions of Criminal Procedure Code relating to bail and bonds equally apply to NDPS cases except those specifically provided under Section 37. Another 1 judgment on this section is set out below.
How do I find court cases under Section 51 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 51, section 51 NDPS Act, section 51 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type 51 ndps act and 51a 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 Kondishetti Nageswararao vs State of Telangana (28 Jul 2014).
When did Section 51 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 51 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 51, 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 14 Oct 2026. This page is not a substitute for legal advice.