IMPORTANT POINT
Strict adherence to mandatory procedures in the NDPS Act is essential; failure to comply can lead to bail being granted.

ORDER :

(Juvvadi Sridevi, J.) :

Petitioner/accused No.2 has filed this petition under Sections 437 and 439 of Cr.P.C. seeking bail in Cr.No.49 of 2024 of P.S. Tappachbutra, registered for the offences under Sections 8(c) r/w. 20(b)(ii)(C) of NDPS Act.

2. Heard Sri Mohd. Muzaferullah Khan, learned counsel for petitioner and the learned Additional Public Prosecutor appearing for the State.

3. Case of the prosecution is that on 03.02.2024, the petitioner herein and accused No.1 in the crime were found possessing 68 kgs. of ganja wrapped in 36 packs.

4. Learned counsel for petitioner submits that petitioner herein is innocent and has been falsely implicated in the case, though nothing was recovered from his possession. He further submits that the Police have seized the contraband and arrested the petitioner on 04.02.2024, but requisition before the learned Magistrate for drawing of samples was filed on 19.02.2024 i.e., with a delay of 15 days and that the date of drawing samples is also nowhere mentioned in the Inventory/Certificate. Furthermore, there is non-compliance of the procedure under Section 52-A of the NDPS Act. In support of his contention, learned counsel has relied on the judgment of the Hon’ble Supreme Court in Yusuf @ Asif v. State, 2023 0 Supreme (SC) 1041, wherein, the accused were enlarged on bail, since the sampling of alleged contraband was made in violation of the procedure contained in Section 52-A of NDPS Act, which is also contrary to the law laid down by the Hon’ble Supreme Court in Union of India v. Mohanlal, (2016) 3 SCC 379. In view of the law laid down in these judgments, he prayed for grant of bail.

5. The learned Additional Public Prosecutor, on the other hand, opposed the application stating that sampling was done as per the procedure, and hence, the judgments relied on by the learned counsel for petitioner are not applicable to the facts of the present case and the matter has to be decided after adducing evidence before the trial Court, hence, prayed to dismiss the petition.

6. Section 52-A of the Act, which is germane to the case on hand, reads as follows:

52-A. Disposal of seized narcotic drugs and psychotropic substances

(1) The Central Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the Official Gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that Government may, from time to time, determine after following the procedure hereinafter specified.

(2) Where any narcotic drugs, psychotropic substances, controlled substances or conveyances has been seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered under Section 53, the officer referred to in sub-section (1) shall prepare an inventory of such narcotic drugs, psychotropic substances, controlled substances or conveyances containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the narcotic drugs, psychotropic substances, controlled substances or conveyances or the packing in which they are packed, country of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs, psychotropic substances, controlled substances or conveyances in any proceedings under this Act and make an application, to any Magistrate for the purpose of-

(a) certifying the correctness of the inventory so prepared; or

(b) taking, in the presence of such Magistrate, photographs of [su