A Bench comprising Justice MM Sundresh and Justice N Kotiswar Singh confined its consideration to two specific questions: the applicability of Section 2(23) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and the validity of proceedings under Section 55 of the Wildlife (Protection) Act, 1972.
On the NDPS Act aspect, the Court noted the argument presented by Yadav’s senior counsel that the alleged psychotropic substance recovered from a co-accused was not listed in the Act’s Schedule. The Bench observed that the substance was indeed not part of the statutory schedule. It also highlighted that no recovery had been made from Yadav himself, and the charge sheet only suggested that he had placed orders through an associate.
