Radheshyam vs Union Of India Home Ministry
2022 Latest Caselaw 1682 MP

                                                                      1
                                       The High Court Of Madhya Pradesh
                                               MCRC No. 61566 of 2021
                                                 (RADHESHYAM Vs UNION OF INDIA HOME MINISTRY)

                                                    MCRC/25925/2021, MCRC/35531/2021
                         Jabalpur, Dated : 07-02-2022
                                 Heard through Video Conferencing.

                                 Shri Sankalp Kochar, Shri Aseem Kumar Dixit and Shri Rohit Jain, counsel for
                         their respective applicants.
                                 Shri J.K. Jain, Assistant Solicitor General for the respondent.

Learned counsel for the applicant submits that the required and mandatory

procedure has not been followed in the present case. He submits that as per the judgment of the Supreme Court and the circular issued by the Central Government, after seizure of the contraband article, everything has to be done on the spot only. Even seizure memo should be prepared on the spot. He submits that the required procedure for destroying the contraband article is that the same should be destroyed in the presence of Drug Disposal Committee. He submits that the sample of the contraband article should be sent with the approval of the Magistrate, but, in the present case, the sample was forwarded on 22nd December, 2020 and the Magistrate was approached on 23rd December, 2020 that too after sending the sample, which is a clear violation of

required procedure prescribed under the Circular and approved by the Supreme Court in number of cases.

Considering the above, learned counsel for the respondent-State is directed to examine the aforesaid aspect of the matter and apprise this Court as to whether that procedure has been followed or not.

List on 09.02.2022.

(SANJAY DWIVEDI) JUDGE

RAGHVENDRA

Signature Not Verified SAN

Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2022.02.08 13:41:52 IST