Comply with NDPS Act provision on drugs’ disposal: Punjab and Haryana High Courtto illaqa magistrates

Saurabh Malik

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Chandigarh, December 8

The Punjab and Haryana High Court has called for strict compliance of a provision of the Narcotic Drugs and Psychotropic Substances (NDPS) Act on the handling and disposal of seized narcotic drugs and psychotropic substances by the illaqa magistrates of Punjab, Haryana and Chandigarh.

Justice Arvind Singh Sangwan also asked the Chandigarh Judicial Academy Director to prepare a “draft order” on the issue under Section 52-A of the Act. “The Director, Chandigarh Judicial Academy, is directed to prepare a draft order under Section 52-A of the Act in the light of judgment of the Supreme Court in Mohan Lal’s case and circulate it to all the illaqa magistrates before whom the accused arrested in the NDPS cases are produced.”

The direction came in a case where there was unexplained delay of 28 days in sending the sample parcels of the seized substance to the Forensic Science Laboratory (FSL). Justice Sangwan asserted the order passed by an illaqa magistrate under Section 52-A was silent about any direction given to the investigating officer on how and where to keep the case property.

A direction was issued to destroy the case property in accordance with the state government rules. But a mandatory direction required to be given to send the sample parcel immediately to the FSL was not issued, resulting in a delay of 28 days. Otherwise also, an order mentioned that the magistrate had seen the sample parcels and before putting down the initials. But the magistrate did not put her own seal/the court’s seal to certify the same.

Justice Sangwan added an inspector stated that the sample parcels remained in his custody till these were sent to the FSL. But there was no explanation as to why these were kept for 28 days and not sent to the FSL immediately.

Referring to Supreme Court judgments in two cases, Justice Sangwan added the 28-day delay was unexplained and fatal to the prosecution version. In view of judgments, it was apparent that the prosecution failed to lead cogent evidence that the sample parcels remained in safe custody of a ‘malkhana’ in a police station for 28 days.

Delay in sending sample to FSL

• The direction came in a case where there was unexplained delay of 28 days in sending the sample parcels of the seized substance to the Forensic Science Laboratory
• Justice Arvind Singh Sangwan asserted the order passed by an illaqa magistrate under Section 52-A, NDPS Act, was silent about any direction given to the investigating officer on how and where to keep the case property