SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(SC) 82

T. S. THAKUR, KURIAN JOSEPH
Union of India – Appellant
Versus
Mohanlal – Respondent


Judgement Key Points

What is the procedure for seizure and sampling of narcotic drugs and psychotropic substances under Section 52A of the NDPS Act? (!) (!) How should seized narcotic drugs and psychotropic substances be stored under Standing Order No. 1/89? (!) What is the procedure for disposal of seized narcotic drugs and psychotropic substances? (!)

Key Points: - Supreme Court examined implementation of procedures for seizure, sampling, storage, and disposal of NDPS substances, finding non-uniform practices and inadequate facilities across states and central agencies (!) (!) (!) . - Court directed collection of detailed state-wise data on seizures, storage, destruction, and judicial supervision over 10 years, revealing massive undestroyed quantities (e.g., 98% ganja in Andhra Pradesh) (!) (!) (!) . - No uniform sampling procedure; Section 52A requires forwarding seized contraband to police officer or empowered officer for inventory and Magistrate application for sampling/certification, not at seizure spot (!) (!) (!) . - Storage in police malkhanas is inadequate; Standing Order No. 1/89 mandates designated godowns with safes, vaults, double-locking, and gazetted officer supervision, which is largely unimplemented (!) (!) . - Disposal procedures under Notification dated 16.01.2015 supersede prior orders; Court issued directions for immediate disposal of pre-1989 and concluded cases without re-testing, and prompt action for pending cases (!) (!) (!) . - Directions: Apply to Magistrate without delay for sampling (!) ; establish exclusive storage facilities within 6 months (!) ; dispose existing stocks via Drugs Disposal Committees (!) . - High Courts to monitor compliance via committees of judges (!) .

What is the procedure for seizure and sampling of narcotic drugs and psychotropic substances under Section 52A of the NDPS Act? [p_869][p_872]

How should seized narcotic drugs and psychotropic substances be stored under Standing Order No. 1/89? [p_884]

What is the procedure for disposal of seized narcotic drugs and psychotropic substances? [p_895]


JUDGMENT :

T.S. Thakur, CJI.

1. When this appeal came up for hearing before us on 11th April, 2012, it was contended by learned counsel for the appellant-Union of India that Standing Order No.1 of 1989 dated 13th June, 1989 which prescribes the procedure to be followed for seizure, sampling, safe keeping and disposal of the seized Drugs, Narcotics and Psychotropic substances is being followed throughout the country. It was also contended that Ministry of Finance, Department of Revenue, Government of India, has in terms of a Circular dated 23rd February, 2011 impressed upon the Chief Secretaries and the concerned police heads of the State Governments to ensure that instructions given and the procedure prescribed in the Standing Order aforementioned was strictly adhered to. These submissions notwithstanding, doubts about the procedure being actually followed persisted. Pilferage of the contraband goods and their return to the market place for circulation being a major hazard, this Court appointed Mr. Ajit Kumar Sinha, Senior Advocate, as Amicus Curiae, with a view to making a rea






















































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top