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TMI Blog2012 (7) TMI 228X X X X Extracts X X X X X X X X Extracts X X X X ..... 11th April, 2012, Mr. Anoop G. Chaudhary, learned senior counsel, appearing for the appellant, argued that the High Court was in error in holding that the procedure prescribed for destruction of the contraband had not been followed and the destruction of the seized quantity had not been proved. In support of his submission he placed reliance upon Standing Order No.1/89 and Circular dated 22nd February, 2011 issued by the Ministry of Finance, Department of Revenue, Government of India, impressing upon the Chief Secretaries of the States and the Union Territories as also Heads of Police of the States to comply with the instructions and the procedure prescribed by the Standing Order. We had, upon consideration of the submission made by Mr. Choudhary, passed an order on 11th April, 2012 in which we said: "We have been taken through the contents of the Standing Order also which prescribes the procedure for search, disposal and destruction of the seized contraband. We are not, however, very sure whether the said procedure is being followed as it ought to be. The pilferage of the contraband and its return to the market place for circulation is, in our opinion, a major hazard against whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Gujarat, Rajasthan and Bihar whose boundaries touch international borders. He submitted that in the absence of proper data from the concerned authorities it will not be possible to take stock of the magnitude of the problem no matter challenges posed by rampant drug abuse have attained formidable proportions affecting especially the youth and driving them towards crime and anti-social activities. Our attention was drawn by Mr. Sinha, to the judgment of this Court in Sunderbhai Ambalal Desai v. State of Gujarat (2002) 10 SCC 283 where this Court has emphasized the need for a proper and prompt exercise of the power to destroy the seized contrabands and recommended supervision by the registry of the High Court concerned to see that the rules in this regard are implemented properly. He also drew our attention to an order dated 3rd December, 2010 passed by the High Court of Judicature at Patna in which the High Court had recommended overhaul of the existing system so far as the procedure of seizure, sampling and sending of the seized articles to the FSL is concerned. The Court in that case noticed that 57% of the samples sent for testing were pending examination for four years causing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o ensure that the quantities that are seized by the police and other agencies do not go back in circulation on account of neglect or apathy on the part of those handling the process of seizure, storage and destruction of such contrabands. There cannot be anything worse than the society suffering on account of the greed or negligence of those who are entrusted with the duty of protecting it against the menace that is capable of eating into its vitals. Studies show that a large section of the youth are already victims of drug abuse and are suffering its pernicious effects. Immediate steps are, therefore, necessary to prevent the situation from going out of hand. We, therefore, consider it necessary to direct collection of the information from the police heads of each one of the States through the Chief Secretary concerned on the following aspects: Seizure 1. What narcotic drugs and psychotropic substances (natural and synthetic) have been seized in the last 10 years and in what quantity? Provide year- wise and district-wise details of the seizure made by the relevant authority. 2. What are the steps, if any, taken by the seizing authorities to prevent damage, loss and pilferage of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... did not do so? 4. What are the steps taken at the time of destruction to determine the nature and quantity of the substance being destroyed? 5. What are the steps taken by competent authorities to prevent damage, loss, pilferage and tampering/substitution of the narcotic drugs and psychotropic substances (natural and synthetic) during transit from point of storage to point of destruction? 6. Is there any specified facility for destruction of contraband in the State? If so, a list of such facilities along with location and details of maintenance, conditions and supervisory bodies be provided. 7. If a facility is not available, where is the contraband sent for destruction purposes? Under whose supervision and what is the entire procedure thereof? 8. Is any record, electronic or otherwise prepared at the site of destruction of the contraband and by whom? Is there any periodical check of such record? What are the ranks/designation of the supervising officers charged with keeping a check on the same? Judicial Supervision 1. Is any inspection done by the District and Sessions Judge of the store where the seized drugs are kept? If drugs are lying in the store, has the Sessions Judg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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