In a landmark ruling, the Supreme Court has held that Tapentadol Hydrochloride, a pain-relieving medication, is not a scheduled psychotropic substance under the NDPS Act. The decision comes while granting anticipatory bail to an accused caught with 550 Tapentadol tablets.

Key HighlightsTapentadol not in NDPS Schedule

• Supreme Court clarified that Tapentadol Hydrochloride is not listed under the NDPS Act's Schedule of Psychotropic Substances.

• The ruling relied on previous High Court verdicts from Madras (2024 SCC OnLine Mad 445) and Bombay (2022 SCC OnLine Bom 1631).

Anticipatory bail granted in drug case

• The accused was allegedly found traveling with 550 Tapentadol tablets in a car, leading to an FIR under Sections 22 and 29 of the NDPS Act.

• Punjab & Haryana High Court had earlier rejected the bail plea, prompting the appeal to the Supreme Court.

No prima facie case under NDPS

• The apex court bench of Justices Dipankar Datta and Manmohan noted that absence of Tapentadol from the NDPS Schedule meant no prima facie offence was established under the Act.

• The court ordered that if arrested, the appellant be released on bail on conditions set by the trial court.

This ruling is significant for medical professionals, pharmacists, and law enforcement, as it sets a legal precedent regarding Tapentadol's classification. While misuse remains a concern, the court has reiterated the need to adhere strictly to the NDPS Schedule for prosecutions under the Act.