'Tapentadol Hydrochloride Not Scheduled Psychotropic Substance' : Supreme Court Grants Anticipatory Bail In NDPS Case

The Supreme Court recently granted anticipatory bail to the accused who was accused of possessing a Tapentadol Hydrochloride tablet (a pain reliever used to treat moderate to severe acute pain).

Since Tapentadol Hydrochloride is not included in the Schedule of the NDPS Act, the Court said that it is not a psychotropic substance.

The bench comprising Justices Dipankar Datta and Manmohan heard the bail plea where the key allegation against the appellant was that there was a recovery of 550 tablets of Tapentadol Hydrochloride from a car in which the appellant was traveling with the co-accused (the car owner).

After an FIR was registered against the appellant under Sections 22 and 29 of the NDPS Act, 1985, he filed an anticipatory bail application before the Punjab & Haryana High Court. Following the rejection of his plea, he approached the Supreme Court in appeal.

Before the Supreme Court, the appellant's counsel argued that Tapentadol is not listed in the NDPS Schedule, supported by two High Court judgments having citations as 2024 SCC OnLine Mad 445 and 2022 SCC OnLine Bom 1631. 

Accepting the Appellant's argument, the Court noted that since Tapentadol Hydrochloride is not a scheduled psychotropic substance, therefore the absence of a prima facie case (due to Tapentadol's exclusion from the NDPS Schedule) justified anticipatory bail.

“It is directed that in the event of the appellant being arrested, he shall be released on bail by the trial court on terms and conditions to be fixed by the trial court.”, the court said.

In terms of the aforesaid, the appeal was allowed.

Case Title: KULWANT SINGH VERSUS THE STATE OF PUNJAB

Citation : 2025 LiveLaw (SC) 387

Click here to read/download the order