New Delhi: The Supreme Court of India has directed the Director of the Narcotics Control Bureau (NCB) and the Inspector General, NCB, Guwahati, to remain personally present before it, expressing strong displeasure over the casual handling of a serious NDPS case involving the recovery of a commercial quantity of narcotics.
A Bench comprising Justice Sanjay Karol and Justice Augustine George Masih passed the order while hearing a Special Leave Petition filed by the Union of India challenging a Gauhati High Court order granting bail to an accused from whose conscious possession 1.045 kilograms of heroin was allegedly recovered.
The Court noted that the offence pertained to the year 2021, yet the trial had barely progressed, with only a few witnesses examined. The High Court, taking note of the prolonged incarceration and delay in trial, had granted bail to the accused on 20 April 2024.
However, the Supreme Court expressed concern on multiple counts. First, it observed that despite the prosecution citing eight witnesses, the record did not disclose why none of them were examined in a timely manner, resulting in undue delay in the trial.
Second, the Court took serious note of the fact that although the bail order was passed in April 2024, the Union of India approached the Supreme Court only on 10 November 2025. While the delay in filing the petition had been condoned earlier, the Bench questioned the absence of any explanation regarding the mechanism within the NCB to ensure the expeditious challenge of bail orders in serious NDPS cases.
The Court further flagged non-compliance with its own procedural directions. Despite the issuance of notice on 17 December 2025 and directions for dasti service through the concerned Superintendent of Police, the office report revealed that no response had been received and that the petitioner had failed to place on record proof of service.
In view of these cumulative lapses, the Bench observed that it was constrained to summon the top NCB officials to explain the manner in which the case was handled. The matter has been directed to be listed high up on the Board on 12 February 2026.
Case Details
- Court: Supreme Court of India
- Bench: Justice Sanjay Karol and Justice Augustine George Masih
- Date of Order: January 27, 2026
- Case Title: Union of India v. Abid Pervez @ Azad Pervez
- Case Number: Special Leave Petition (Criminal) No. 21025 of 2025
Advocates Appearing
For the Petitioner (Union of India):
- Mr. S.D. Sanjay, Additional Solicitor General
- Mr. Rajat Nair, Advocate
- Ms. Mili Baxi, Advocate
- Mr. Rajan Chourasia, Advocate
- Mr. Rajender Singh Rana, Advocate
- Mr. Vipin Kalra, Advocate
- Mr. Arvind Kumar Sharma, Advocate-on-Record
- Next Date of Hearing: February 12, 2026
