Police to take charge of articles seized and delivered
Section 55 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with police to take charge of articles seized and delivered. An officer-in-charge of a police station shall take charge of and keep in safe custody, pending the orders of the Magistrate, all articles seized under this Act within the local area of that police station and which may be delivered to him, and shall allow any officer who may accompany such articles The Act came into force on 14 Nov 1985.
An officer-in-charge of a police station shall take charge of and keep in safe custody, pending the orders of the Magistrate, all articles seized under this Act within the local area of that police station and which may be delivered to him, and shall allow any officer who may accompany such articles to the police station or who may be deputed for the purpose, to affix his seal to such articles or to take samples of and from them and all samples so taken shall also be sealed with a seal of the officer-in-charge of the police station.
Section 55, 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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Budhiyarin Bai vs The State of Chhattisgarh
Court's Decision & Legal Precedent
While offences under the NDPS Act are serious and warrant stringent punishment, courts must consider mitigating factors under Section 32B of the NDPS Act, including the personal circumstances of the accused such as age, illiteracy, rural background, lack of criminal history, and awareness of legal consequences, before imposing sentences higher than the minimum prescribed. The mere residence of an accused in a house where drugs are found, without clear evidence of active involvement in trafficking, may not justify the same level of punishment as those directly involved in the illegal trade, particularly when co-accused suppliers are acquitted.
On this section: Procedural compliance regarding search and seizure. The High Court considered compliance with this section as basis for upholding conviction.
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Gurjant Singh vs State of Hry
Court's Decision & Legal Precedent
In cases involving possession of narcotic drugs under the NDPS Act, substantial compliance with statutory procedural requirements (such as recording secret information, maintaining chain of custody, and joining respectables during search) is sufficient to sustain a conviction. Strict compliance should not be insisted upon when immediate action is necessary to prevent the accused's escape or when procedural provisions are directory rather than mandatory in nature. The evidence of official witnesses, when found to be reliable and trustworthy after careful scrutiny, can sustain a conviction even without corroboration from independent witnesses who have been won over by the accused. Material obtained through procedurally irregular searches is not inadmissible in evidence and can be acted upon to record a conviction, provided the chain of custody is maintained and the integrity of the evidence is established through other corroborating evidence.
On this section: Relates to the procedure for handling and sealing narcotic samples. The court held that these provisions are directory in nature and non-compliance does not ipso facto vitiate the investigation and trial. The court found that compliance was actually achieved in this case.
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 55
What have the courts held on Section 55 of the Narcotic Drugs and Psychotropic Substances Act?
Budhiyarin Bai vs The State of Chhattisgarh (10 Aug 2022) is the leading judgment on this section among those set out below: Procedural compliance regarding search and seizure. The High Court considered compliance with this section as basis for upholding conviction. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2008 to 2022.
How do I find court cases under Section 55 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 55, section 55 NDPS Act, section 55 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type 55 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 Budhiyarin Bai vs The State of Chhattisgarh (10 Aug 2022).
When did Section 55 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 55 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 55, 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 15 Oct 2026. This page is not a substitute for legal advice.