2016 (6) TMI 1442 - HC - Indian Laws

Interpretation of statute - Section 52A read with Section 55 of NDPS Act 1985 - seizure of goods - Contraband - whether in the matter of seizure the prosecution is required to follow the procedure prescribed under Section 52A of the Act (amended by Amendment Act No.2 of 1989)? - HELD THAT - There is no doubt Section 52A was inserted by Act 2 of 1989 w.e.f. 29.5.1989. While sub section (1) of Section 52A substituted earlier provision vide S.O.1183(E) dated 30.4.2014. Thus question arise whether law laid down by the Division Bench in the above case State of Gujarat v. Jabbirsing Ratansing Indra Rajput 2013 (2) TMI 917 - GUJARAT HIGH COURT reflect correct interpretation about applicability of Section 52A under Chapter V of the Act 1985 at the time of seizure of the contraband is correct interpretation or not is to be considered since the heading of Section 52 is about disposal of persons arrested and articles seized and of Section 52A is about disposal of seized narcotic drugs and psychotropic substances. Having seized articles /contrabands a question arise about disposal of such contrabands for which procedure is envisaged of preparing inventory and such list of articles for which an application is to be made to the Magistrate for the purpose mentioned in (a) (b) and of sub-section (2) of Section 52A. Thus seizure having affected first next stage would be procedure to be followed for disposal of seized articles. For further argument and production of S.O.1183(E) dated 30.4.2014 the matter is stand over to 9.6.2016.

Summary

Issues: Interpretation of Section 52A and Section 55 of NDPS Act, 1985

Interpretation of Section 52A:
The judgment discusses the interpretation of Section 52A of the NDPS Act, 1985, which deals with the disposal of seized narcotic drugs and psychotropic substances. The court refers to a previous decision and highlights the importance of following the prescribed procedure under Section 52A for seizure matters. Section 52A empowers the Central Government to specify narcotic drugs and substances for disposal, with detailed procedures for inventory preparation, application to the Magistrate for certification, and the significance of the inventory, photographs, and samples as primary evidence in court. The court deliberates on the insertion of Section 52A by Act 2 of 1989 and the substitution of its provisions in 2014, raising questions about the correct interpretation of its applicability at the time of seizure of contraband.

Interpretation of Section 55:
The judgment also touches upon Section 55 of the NDPS Act, 1985, which mandates that the officer-in-charge of a police station must take custody of seized articles within the local area and keep them safe pending orders of the Magistrate. The officer is required to allow accompanying officers to seal the articles or take samples, emphasizing the importance of proper custody and documentation of seized items. This section reinforces the procedural requirements for handling seized articles and the role of the police in maintaining custody until further instructions from the Magistrate.

Conclusion:
The court's analysis focuses on the procedural aspects of seizure and disposal of contraband under the NDPS Act, emphasizing the significance of following the prescribed steps outlined in Sections 52A and 55. The judgment underscores the need for strict adherence to the statutory provisions to ensure the integrity of the evidence and the legality of the seizure process. The court's decision to defer further arguments and the production of relevant documents reflects a meticulous approach to resolving the interpretation issues raised in the case, highlighting the importance of clarity and compliance with legal procedures in matters concerning narcotic drugs and psychotropic substances.