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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 ..... refore, it is considered 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, Storage, Disposal/ Destruction, Judicial Supervision - Criminal Appeal No. 652 of 2012 - - - Dated:- 3-7-2012 - T S Thakur And Gyan Sudha Misra JJ. JUDGEMENT Per: T S Thakur J: 1. This appeal has been filed by the Union of India against the judgment and order of the High Court of Madhya Pradesh at Indore in Criminal Appeal No.193 of 2008 whereby the High Court has acquitted the respondents of the charges framed against them under Section 8/18(b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, primarily for the reason that no evidence regarding the destruction of the 3.36 Kgs. of opium allegedly seized from the respondents had been provided by the prosecution. In the absence of any evidence to show that the seized contraband was destroyed as per the prevalent procedure, the contraband should have been, according to the High Court, produced before the Trial Court. The failure of the prosecution to do so, therefore, implies a failure to prove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contraband seized in different States has not been followed resulting in a very peculiar situation arising on account of such failure and accumulation of the seized drugs and narcotics in large quantities thereby increasing manifold the chances of pilferage for re-circulation in the market from the stores where such drugs are kept. In support of that submission Mr. Sinha placed reliance upon a press report published in the timesofindia.indiatimes.com dated 12th July, 2011, under the heading Bathinda s police stores bursting at seams with seized narcotics . From a reading of the said report it appears that the inventory of the drugs seized by the police over the past many decades include drug seized as far as back as in the early eighties. Large quantities of seized drugs are said to have lost their original colour and texture, making even the task of preparing the inventories difficult. 4. It was further stated that, not only traditional drugs like, opium, poppy husk, charas etc. but other drugs and modern narcotic substances are also awaiting disposal which includes 39 lakh sedatives and narcotic tablets, 1.10 lakh capsules, over 21,000 drug syrups and 1828 sedative injections ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such contrabands to substitution or theft while in storage in poorly secured and ramshackle storage facilities. Referring to SAARC Convention for Narcotic Drugs and Psychotropic Substances, 1990, it was urged by Mr. Sinha that while most of the countries were committed to elimination of drug abuse from their society, the ground reality is that there was no will to take follow up action by the concerned authorities. He, therefore, prayed for issue of appropriate directions to the States to furnish information relating to the nature and the extent of the problem faced by them so that this Court could, upon consideration of the matter, direct systemic changes having regard to the procedure followed and the experience of other countries in the world faced with similar problems. 7. We find considerable merit in the submissions made by Mr. Sinha. The problem is both wide-spread and formidable. There is hardly any State in the country today which is not affected by the production, transportation, marketing and abuse of drugs in large quantities. There is in that scenario no gainsaying that the complacency of the Government or the officers dealing with the problem and its magnitude i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whom? Is there any periodical check of such register? If so, by whom? Is any record regarding such periodic inspection maintained and in what form? 5. What is the condition of the storage facilities at present? Is there any shortage of space or any other infrastructure lacking? What steps have been taken or are being taken to remove the deficiencies, if any? 6. Have any circulars/notifications/directions/guidelines been issued to competent officers for care and caution to be exercised during storage? If so, a copy of the same be produced. Disposal/ Destruction 1. What narcotic drugs and psychotropic substances (natural and synthetic) have been destroyed in the last 10 years and in what quantity? Provide year-wise and district-wise details of the destruction made by the relevant authority. If no destruction has taken place, the reason therefor. 2. Who is authorised to apply for permission of the Court to destroy the seized contraband? Has there been any failure or dereliction in making such applications? Whether any person having technical knowledge of narcotic drugs and psychotropic substances (natural and synthetic) is associated with the actual process of destruction of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tor General of Police of the State for a report and on receipt of the report forward the same to the Registrar General of the State High Court. 9. The Registrar General of the High Court in each State shall be the Nodal Officer and shall ensure collection of the reports from the Chief Secretary of the State concerned, scrutinise the same, get clarifications and further information wherever necessary and submit the report to this Court containing a summary of the information so collected, as early as possible but not later than three months from the date of a copy of this order being received by him. 10. The Registrar Generals shall independently secure from the concerned District and Sessions Judges, in their respective States, answer to the queries specified under the head Judicial Supervision within the same period. 11. Chiefs of Central Government agencies viz. Narcotics Control Bureau, Central Bureau of Narcotics, Directorate General of Revenue Intelligence and Commissionerates of Customs Central Excise including the Indian Coast Guard shall issue similar questionnaire to the concerned officers and submit a report detailing the information required in terms of this or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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