2016 (5) TMI 500 - SC - Customs

Procedure for search, disposal or destruction of the narcotics and the remedial steps that need to be taken to plug the loopholes, if any. - Apex Court issued the directions as (1) No sooner the seizure of any Narcotic Drugs and Psychotropic and Controlled Substances and Conveyances is effected, the same shall be forwarded to the officer-in-charge of the nearest police station or to the officer empowered under Section 53 of the Act. The officer concerned shall then approach the Magistrate with an application under Section 52A(ii) of the Act, which shall be allowed by the Magistrate as soon as may be required under sub-section (3) of Section 52A, as discussed by us in the body of this judgment under the heading seizure and sampling . The sampling shall be done under the supervision of the Magistrate as discussed in Paras 13 and 14 of this order. (2) The Central Government and its agencies and so also the State Governments shall within six months from today take appropriate steps to set up storage facilities for the exclusive storage of seized Narcotic Drugs and Psychotropic and Controlled Substances and Conveyances duly equipped with vaults and double locking system to prevent theft, pilferage or replacement of the seized drugs. The Central Government and the State Governments shall also designate an officer each for their respective storage facility and provide for other steps, measures as stipulated in Standing Order No. 1/89 to ensure proper security against theft, pilferage or replacement of the seized drugs. (3) The Central Government and the State Governments shall be free to set up a storage facility for each district in the States and depending upon the extent of seizure and store required, one storage facility for more than one districts. (4) Disposal of the seized drugs currently lying in the police maalkhana and other places used for storage shall be carried out by the DDCs concerned in terms of the directions issued by us in the body of this judgment under the heading disposal of drugs .

Summary

Issues Involved:
1. Seizure and sampling of Narcotic Drugs and Psychotropic Substances.
2. Storage of seized drugs.
3. Disposal and destruction of seized drugs.

Issue-wise Detailed Analysis:

1. Seizure and Sampling:
The judgment addresses the procedure for seizure and sampling of narcotic drugs and psychotropic substances as per Section 52A of the NDPS Act, 1985. It emphasizes that samples must be taken from the seized contrabands on the spot at the time of recovery, in the presence of search witnesses and the person from whose possession the drug is recovered. However, the actual practice varies among states and central agencies, with many not following this procedure. The court highlights the conflict between the statutory provision and the Central Government's standing order, suggesting that the Central Government re-examine and amend the standing order to align with the statute.

2. Storage:
The judgment criticizes the lack of proper storage facilities for seized drugs, as mandated by Standing Order No. 1/89. It notes that most states and central agencies do not have designated storage facilities with vaults and double locking systems. The court finds this situation unacceptable and directs the Central and State Governments to establish adequate storage facilities within six months, with proper supervisory and regulatory controls to prevent theft, pilferage, or replacement of seized drugs.

3. Disposal and Destruction:
The judgment outlines the procedure for the disposal and destruction of seized drugs as per Section 52A and the Notification dated 16th January 2015. It directs that:
- For cases where the trial and appeals have concluded, the Drugs Disposal Committees (DDCs) should dispose of the drugs without further verification or testing.
- For cases where the trial and appeals are still pending, appropriate applications should be made for the disposal of the drugs.
- The court emphasizes the need for the Central and State Governments to ensure timely and proper disposal of seized drugs to prevent their recirculation in the market.

Conclusion:
The court issues comprehensive directions to ensure proper seizure, storage, and disposal of narcotic drugs and psychotropic substances. It mandates immediate steps to align practices with statutory requirements, establish proper storage facilities, and ensure timely disposal of seized drugs. The judgment underscores the importance of strict adherence to legal provisions to combat the menace of drug abuse effectively.