⚖️ NDPS Bail Granted Due to 72-Hour Sampling Violation Important Ground Highlighted

A very useful order for all criminal defence lawyers, especially handling NDPS matters.

In Rambabu v. State of Rajasthan (2025 SCC OnLine SC 1729), the Supreme Court of India granted bail after the High Court of Judicature for Rajasthan had earlier declined relief.

What weighed with the High Court?

The High Court rejected bail mainly because:
✔ 75 kg poppy husk (commercial quantity)
✔ Rigours of Section 37 NDPS Act
✔ Serious nature of offence



What changed before Supreme Court? (Main Ground)

The Supreme Court focused on a clear procedural illegality:

🚨 Section 52-A NDPS violation
• FIR registered on 25.09.2023
• Samples sent to FSL on 19.10.2023
• Delay of 24 days
• Law requires dispatch within 72 hours

The Court specifically recorded this discrepancy and treated it as a serious lapse affecting the prosecution case.

Along with:

✔ Long custody (1 year 10 months)
✔ Trial at nascent stage (1/21 witnesses examined)

👉 Result: Bail granted


🎯 Practical Legal Lesson

This judgment clearly shows:

Even in commercial quantity NDPS cases,
👉 Violation of 72-hour sampling rule = strong bail ground

Because:
• Chain of custody becomes doubtful
• Possibility of tampering increases
• Prosecution credibility weakens

Many NDPS bail matters turn only on this technical defect.

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