Union of India Vs. Mohanlal & ANR.
[Criminal Appeal No.652 of 2012]
T.S. THAKUR, J.
1. When this appeal came up for hearing before us on 11th April, 2012, it was contended by learned counsel for the appellant-Union of India that Standing Order No.1 of 1989 dated 13th June, 1989 which prescribes the procedure to be followed for seizure, sampling, safe keeping and disposal of the seized Drugs, Narcotics and Psychotropic substances is being followed throughout the country.
It was also contended that Ministry of Finance, Department of Revenue, Government of India, has in terms of a Circular dated 23rd February, 2011 impressed upon the Chief Secretaries and the concerned police heads of the State Governments to ensure that instructions given and the procedure prescribed in the Standing Order aforementioned was strictly adhered to.
These submissions notwithstanding, doubts about the procedure being actually followed persisted. Pilferage of the contraband goods and their return to the market place for circulation being a major hazard, this Court appointed Mr. Ajit Kumar Sinha, Senior Advocate, as Amicus Curiae, with a view to making a realistic review of the procedure for search, disposal or destruction of the narcotics and the remedial steps that need to be taken to plug the loopholes, if any.
2. On 3rd July, 2012 this Court after hearing the Amicus Curiae prima facie came to the conclusion that the procedure prescribed for the destruction of the contraband seized in different States was not being followed resulting in a very piquant situation in which accumulation of huge quantities of the seized drugs and narcotics has increased manifold the chances of their pilferage for re-circulation in the market.
This Court also noted a report published in the timesofindia.indiatimes.com under the heading "Bathinda's police stores bursting at seams with seized narcotics" from which it appeared that large quantities of seized drugs had accumulated over the years including opium, poppy husk, charas etc. apart from modern narcotic substances. The report suggested that 39 lakhs sedatives and narcotic tablets, 1.10 lakhs capsules, over 21,000 drug syrups and 1828 sedative injections apart from 8 kgs. of smack and 84 kgs. of ganja were awaiting disposal in Bathinda Police stores alone.
The position was, according to Mr. Sinha, no better in other States especially those situate along the international borders. It was argued by the Amicus Curiae that without proper data from the authorities concerned, it was not possible to take stock of the magnitude of the problem no matter challenges posed by rampant drug abuse had acquired alarming proportions affecting the youth, some of whom are driven to commission of crimes on account of deleterious effects of drug abuse.
3. It was in the above backdrop that by an order dated 3rd July, 2012 passed in Criminal Appeal No.652 of 2012 this Court directed collection of information from the police heads of each one of the States through the Chief Secretaries concerned in regard to seizure, storage, disposal and destruction of the seized contraband and judicial supervision over the same. Specific queries were formulated in the order passed by us with a direction to the Chief Secretaries of the States concerned to serve the same upon the Directors General of Police for a report to be forwarded through the Registrars General of the High Courts of the States concerned who were appointed Nodal Officers for that purpose.
Registrars General were also asked to independently secure from the District and Sessions Judges concerned in their respective States, answers to the queries specified under the head "Judicial Supervision". 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 were directed to issue similar queries to the officers concerned and to submit their respective reports detailing the information required in terms of the orders passed by this Court. The queries raised by this Court were in the following words:
"12.1. Seizure
(i) What narcotic drugs and psychotropic substances (natural and synthetic) have been seized in the last 10 years and in what quantity?
Provide yearwise and districtwise details of the seizure made by the relevant authority.
(ii) What are the steps, if any, taken by the seizing authorities to prevent damage, loss and pilferage of the narcotic drugs and psychotropic substances (natural and synthetic) during seizure/transit?
(iii) What are the circulars/notifications/directions/guidelines, if any, issued to competent officers to follow any specific procedure in regard to seizure of contrabands, their storage and destruction? Copies of the same be attached to the report.
12.2. Storage
(i) Is there any specified/notified store for storage of the seized contraband in a State, if so, is the storage space available in each district or taluka?
(ii) If a store/storage space is not available in each district or taluka, where is the contraband sent for storage purposes? Under what conditions is withdrawal of the contraband permissible and whether a court order is obtained for such withdrawal?
(iii) What are the steps taken at the time of storage to determine the nature and quantity of the substance being stored and what are the measures taken to prevent substitution and pilferage from the stores?
(iv) Is there any check stock register maintained at the site of storage and if so, by 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?
(v) 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?
(vi) 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.
12.3. Disposal/Destruction
(i) What narcotic drugs and psychotropic substances (natural and synthetic) have been destroyed in the last 10 years and in what quantity?
Provide yearwise and districtwise details of the destruction made by the relevant authority. If no destruction has taken place, the reason therefor.
(ii) 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 the contraband?
(iii) Was any action taken against the person who should have applied for permission to destroy the drugs or should have destroyed and did not do so?
(iv) What are the steps taken at the time of destruction to determine the nature and quantity of the substance being destroyed?
(v) 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?
(vi) 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.
(vii) If a facility is not available, where is the contraband sent for destruction purposes?
Under whose supervision and what is the entire procedure thereof?
(viii) 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?
12.4. Judicial supervision
(i) 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 Judge taken steps to have them destroyed?
(ii) Is any report of the inspection conducted, submitted to the Administrative Judge of the High Court or the Registry of the High Court? If so, has any action on the subject being taken for timely inspection and destruction of the drugs?
(iii) Are there any pending applications for destruction of drugs in the district concerned, if so, what is the reason for the delay in the disposal of such application?
(iv) What level officers including the judicial officers are associated with the process of destruction?
(v) At what stages are the Magistrates/judicial officers/any other officer of the court associated with seizure/storage/destruction of drugs?
(vi) Are there any rules framed by the Court regarding its supervisory role in enforcement of the NDPS Act as regards seizure/storage/destruction of drugs?
(vii) What is the average time for completion of trial of NDPS matters?"
4. In compliance with the above directions, reports have been submitted by all the States except the States of Arunachal Pradesh, Jammu and Kashmir, Dadar & Nagar Haveli, Lakshadweep, Nagaland and Pondicherry. From a perusal of the reports so received the position that emerges in regard to disposal/destruction of narcotic drugs and psychotropic substance qua each State for the last 10 years may be summarised as under:
Details of Seizure and Disposal of Drugs (State wise)
1. Andhra Pradesh
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Ganja
2,20,977.191 Kg
3910.70 Kg
217066.491 kg -98.23%
Opium
22.925 kg
0
22.925 Kg -100%
Charas
6.5 kg
0
6.5 kg (100%)
Cocaine
851.096 kg
0
851.096 kg -100%
Others
85.125 kg + 103 Capsules + 81 Injections 26 Amp
0
2. Assam
(The Information pertains only to the period of 2010-2012)
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Ganja
203.54 Kg
136 Kg
67.54 (33.18%)
Heroin
.614 kg
0
.214 Kg (34.853%
Opium
30 gms
0
30 gms (100%)
Others
755662
41472 Nos.
714190 Nos. (94.5%)
3. Bihar
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Ganja
45 Kg
0
45 kg
Heroin
3.74 kg
0
3.74 kg
Charas
48.853 kg
0
48.853 kg
Poppy
100 kgs
0
100 kgs
Straws Methqualone
1676 kgs
0
1676 kgs
4. Chhattisgarh
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Ganja
1,03,622.140 kg
3281.570 kg
1,00,340.57 (96.77%)
Cannabis Plants
52478 (Nos)
380 (Nos)
52098 (Nos) (92.7%)
Brown Sugar
3.120 kg
0
3.129 kg (100%)
Opium
1.460 kg
0
1.460 kg (100%)
Opium Poppy Plant
1558 pieces
0
1558 pieces (100%)
Green Opium Plant
3600 kg
0
3600 kg (100%)
5. Customs and Central Excise
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Opium
367.007 kg
658.525 kg
Destroyed more than seized
Morphine
58.393 kg
190 kg + 88930 Pcs
58.203 kg (99.6%)
Heroine
1658.099 kg
739.687 kg
918.412 kg (55.3%)
Ganja
484124.056 kg
8,43,008.559 kg
Destroyed more than seized
Hashish
77350.076 kg
12298.578 kg
Destroyed more than seized
Cocaine
640.569 kg
0
640.569 kg (100%)
6. Chandigarh
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Contraband
By relevant authorities 3205.623 Kgs
900.179 Kgs
2305.444 Kgs (71%)
Morphine
58.393 kg
190kg + 88930 Pcs Injections
58.203 kg (99.6%)
Heroine
1658.099 kg
739.687 kg
918.412 kg (55.3%)
Ganja
484124.056 kg
8,43,008.559 kg
Destroyed more than seized
Hashish
77350.076 kg
12298.578 kg
Destroyed more than seized
Cocaine
640.569 kg
0
640.569 kg (100%)
7. Delhi
Delhi has provided two responses.
One response has been provided by the NCB, Delhi and the other by the police heads of each of the district.
The response by NCB, Delhi is as follows:-
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Contraband
8891.8373
680.376 kg
8211.4613 kg (92.34%)
The Response by the police heads are as follows:-
Item
Total Quantity Seized (In 10 years) By relevant authorities
Total Quantity Destroyed (in 10 years)
Difference
Contraband (Hashish, Cocaine, Ganja, Heroin etc.)
52944.577 kg
32443.456 kg
20500.601 (38.72%)
Contrabands (Chemical Substances in Tablets, Injections)
1020669
0
1020669 (100%)
8. Daman and Diu
The UT Daman and Diu has informed the Total quantity by way of a detailed chart:
Item
Total Quantity Seized (In 10 years) By relevant authorities
Total Quantity Destroyed (in 10 years)
Difference
Contraband
25.827 kgs
000 kgs
25.827 Kgs (100%)
9. Directorate of Revenue Intelligence
Item
Total Quantity Seized (In 10 years) By relevant authorities
Total Quantity Destroyed (in 10 years)
Difference
Contraband
174185.687 kg
2859.448 Kg
171326.239 (98.3%)
10. Gujarat
The Response of the state is divided into two parts.
One has been provided by the office of the Ministry of Home Affairs.
As per the said response the total amount of contraband seized in 10 years are 28340.047 Kg. No division of the type has been provided.
The total destruction in the last 10 years however is only 132.375 Kg The total amount of Contraband still in custody of the authorities is 28207.672 Kgs, i.e. 99.53% of the seized amount.
The response of the NCB Zonal Unit is as follows:
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Charas
1421.14 kg
15.056 kgs
1406.084 kg (98.9%)
Opium
17.505 kg
0
17.505 kg (100%)
Brown Sugar
2.03 kg
0
2.03 kg (100%)
Heroin
3.066 kg
0 (981 gms of Heroin was destroyed in 2000, however all the seizures have been made post 2003)
3.066 kg (100%)
Others
3766.126 kg + 299 ltrs. + 1022 Tablets
525 kgs
3241.126 kgs (86.05%) + 229 ltrs (100%) + 1022 Tablets (100%)
11. Goa
The UT Chandigarh has informed the Total quantity by way of a detailed chart:
Item
Total Quantity Seized (In 10 years) By relevant authorities
Total Quantity Destroyed (in 10 years)
Difference
Contraband
548.746 kgs.
000 kgs
548.7476 kgs (100%)
12. Haryana
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Ganja
2604.077 kg
521.133 kg
2082.944 kg (79%)
Charas
7252.513 kg
533.46 kg
6719.053 kg (92.64%)
Opium
1086.387 kg
1972.86
Destroyed more than seized
Smack
8200.00 kg
4169.919 kg
4030.081 kg (49.14%)
Heroine
1.046 kg
1.300 kg
Destroyed more than seized
Brown Sugar
2.001 kg
1.003 kg
998 kg (49.87%)
Cocaine
.325 kg
0
.325 kg (100%)
13. Himachal Pradesh
The State of Himachal Pradesh has informed the Total quantity by way of a detailed chart:
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Contraband
17026.714
1856.913
15169.801 (89.09%)
14. Jharkhand
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Ganja
1793.381 kg
0 (area of cultivation has been destroyed)
1793.381 kg (100%)
Opium
360.59 kg
0
360.59 kg (100%)
Brown Sugar
1.576 kg
0
1.576 kg (100%)
Heroine
546 kg
0
546 kg (100%)
15. Kerala
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Ganja
7588.543 Kg
2740.926 kg
4847.617 kg (63.88%)
Heroine
.536 kg
0
.536 kg (100%)
Hashish
12.368 kg
0
12.368 (100%)
Charas
.063 kg
0
.063 kg (100%)
Brown Sugar
8.432 kg
12.058 kg
Destroyed more than seized
Opium
23.697 kg
0
23.697 kg (100%)
16. Karnataka
The state of Karnataka divided its response in two parts.
One is seizure by Police and the Other is seizure by NCB
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Contraband
By NCB
366.838 Kgs
000 kgs
366.838 Kgs (100%)
By relevant authorities 27291.633 Kgs
12140.592
15151.041 (55%)
17. Maharashtra
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Ganja
1,14,082 kg
8750 kg
1,14,074 kg (92.33%)
Heroin
654 kg
228 kg
426 kg (65.13%)
Charas
2364.90 kg
471.735
1893.165 (80.05%)
Opium
613.044 kg
47.135 kg
565.909 kg (92.31%)
Cocaine
11.049 kg
0 kg
11.049 kg (100%)
18. Manipur
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Heroin
37.534 kg.
12.498 kg
25.036 kg (66.072%)
Ganja
45343.25 kg
41963.389 kg (Kindly refer to the Note)
3379.861 kg (7.45%)
Opium
233.985 kg
0
233.985 kg (100%)
Hashish
3.05 kg
0
3.05 kg (100%)
Note: The Total amount of Ganja seized post 2005 was 25913.225 kgs and the same is still lying with the authorities since the last pretrial disposal in 2005.
19. Madhya Pradesh
Madhya Pradesh has divided its response in two parts. One is seizure by Police and the other is seizure by NCB.
Item
Total Quantity Seized (In 10 years) In Kgs
Total Quantity Destroyed (in 10 years) In Kgs
Difference In Kgs
Contraband
By Police- 804376.528
By Police 61384.805
By Police -742991.723 Kgs (92%)
BY NCB 348 kg
Destroyed more than seized
20. Ministry of Home Affairs NCB
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Contraband
By relevant authorities 5344.12 Kgs.
4476.482 kgs
867.638 (16%)
21. Orissa
Orissa has divided its response in two parts.
One is seizure by Police and the Other is seizure by Excise Officials.
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Contraband
By Police 88241.741 Kgs
0
By Police- 88241.741 Kgs (100%)
By Excise 34520.854 Kgs (100%)
0
By Excise 34520.854 Kgs (100%)
22. Punjab
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Poppy Husk
8,93,948.452 kg
4,00,678.069 kg
4,93,270.383 kg (55.17%)
Opium
4936.031 kg
965.818 kg
3970.213 kg (80.43%)
Smack
20045.293 kg
104.631 kg
19940.662 (99.47%)
23. Rajasthan
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Brown Sugar
146.996 kg
23.381 kg
123.615 kg (84.094%)
Heroine
173.216 kg
3.25 kg
169.966 kg (98.12%)
Smack
275.246 kg
82.423 kg
192.823 kg (70.05%)
Opium
6687.081 kg
2006.745 kg
4680.335 kg (69.99%)
Charas
935.602 kg
1192.309
Destroyed more than seized
Ganja
176289.677 kg
2578.712 kg
174250.965 kg (98.84%)
Poppy Straw
99684.05 kgs
1,34,652.55 kg
Destroyed more than seized.
24. Sikkim
Item
Total Quantity Seized (In 10 years) By relevant authorities
Total Quantity Destroyed (in 10 years)
Difference
N-10 Capsure
9156
**
9156 (100%)
Spasmo Proxyvon Capsule
277367
**
277367 (100%)
Corex/Phensidylere codex
3033
**
3033 (100%)
Others
**
203.92 gms.
** The State Government of Sikkim has replied that the destruction is done as per the orders of the Trial Court on the conclusion of Trial. However, no details related to disposal has been provided.
25. Tamil Nadu
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Ganja (Dry + Green)
656778 kg
19366.98 kg
637411.02 jg (97.051% )
Charas
13 kg
1 kg
12 kg (92.30%)
Heroin
66.42 kg
66.425 kg
0
Cocaine
1 kg
15.4 kg
Destroyed more than seized
Brown Sugar
0.015 kg
0
0.015 kg (100%)
Opium
30.4 kg
1.738 kg
29.262 kg (96.25%)
Hash Oil
10 kg
1 kg
9 kg (90%)
Tidigesic inj.
13627 vials
4095 vials
9532 vials (69.94%)
Norphine
112 amps
0
112 amps (100%)
Bosikka
9
0
9 (100%)
Diazepam
9.085 kg + 2706 vials
4.51 (kg or vial not sure)
Poppy Cap/Straws
246.75 kg
125.05 kg
121.7 kg (49.32%)
Avil
350 tabs + 55 vials
0
350 tabs + 55 vials
26. Tripura
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Ganja
9178.8
2642.5 kg
6536.3 kg (71.21%)
Ganja Dust
436 kg
87 kgs
349 kgs (80.04%)
27. Uttar Pradesh
There is huge discrepancy between the Quantity seized and the Quantity destroyed.
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Opium
1278.016 kg
198.025 kg
1079.99 kg (84.5%)
Smack
455.543 kg
244.443 kg
211.1 kg (46.3%)
Heroin
503.664 kg
13.759 kg
489.905 kg (97.2%)
Ganja
92525.859
11,820.191 kg
80705.668 kg (87.22%)
Charas
9099.432 kg
2234.481 kg
6864.951 kg (75.44%)
Intoxicating Powder (Cocaine)
3658.065 kg
1035.275 kg
2622.79 Kg (71.69%)
Brown Sugar
51.455 kg
1.1 kg
51.355 kg (99.8%)
Posta Drug
16224.591 kg
5081.988 kg
11,142.603 kg (68.67%)
28. Uttarakhand
Item
Total Quantity Seized (In 10 years)
Total Quantity Destroyed (in 10 years)
Difference
Charas
1252.091 kg
330.459 kg
921.632 kg (73.6%)
Doda
6783.765 kg
330.459 kg
6453.306(95.12%)
Opium
28.899 kg
1.859 kg
27.04 kg (93.567%)
Heroine
154.454 kg
0
154.454 kg (100%)
Intoxicating Tablets
22413 Nos
4668 Nos.
17745 Nos (79.17%)
Ganja
1121.740 kg
508.300 kg
613.44 kg (54.686%)
Smack
8.761 kg + 1022 packets
0.432 kg + 530 Packets
8.329 kg (95.06%) + 492 Packets (48.14%)
Injection
1924 Nos
5 Nos.
1919 Nos (99.74%)
Brown Sugar
.389 kg
0
.389 kg (100%)
29. West Bengal
Item
Total Quantity Seized (In 10 years) By relevant authorities
Total Quantity Destroyed (in 10 years)
Difference
Contraband
88520.3317 kg
0
88520.3317 kg (100%)
Note:- West Bengal has stated that it does not have any immediate records available of destruction.
5. In regard to the storage of NDPS substances, the State Governments and the Central Agencies have furnished information which the learned Amicus Curiae has tabulated as under:
Annexure D
Delhi Govt.
Gujarat Govt.
Guwahati Govt.
Yes, specified store for storage of the seized contraband in Delhi Zonal Unit.
No specific store.
NBC Guwahati Zonal Unit is running from a rented house and one secured room is earmarked as storage place.
Imphal Govt.
Mizoram Govt.
Tripura Govt.
Stored in godown of NCB-1 after sealing.
No specific store
No specified store.
Meghalaya Govt.
Uttar Pradesh Govt.
Maharashtra Govt., Goa and Daman Diu
Excise Malkhana is generally used to store contrabands. All district Excise office have their own Malkhana rooms.
UP has no specific place for storage of the narcotic drugs.
No specific store in Maharashtra for storage.
In Goa: Malakhana at Police Station.
Daman & Diu and Dadar & Nagar Haveli: Kept in Malkhana Police Station. Then sent to storage of competent Court after chargesheet is filed.
Himachal Pradesh Govt.
Chhattisgarh Govt.
Andhra Pradesh Govt.
No specified area.
No separate storage.
No specified area.
Rajasthan Govt.
Sikkim Govt.
Uttarakhand Govt.
No specific store.
No storage.
No specific store.
Jharkhand Govt.
Kerala Govt.
Karnataka Govt.
No specific store.
No specific storage.
No notified store.
Madhya Pradesh Govt.
Orissa Govt.
Bihar Govt.
Yes, NCB Zonal Unit Indore ahs well-secured specific maalkhana (Submissions by NCB Indore Zonal unit) No specific Store for storage after seizure by Police Station. (Submissions by Police Heads)
No specific store.
Patna Zonal Unit of NCB has specified room.
Withdrawal only under order of the Court.
Punjab Govt.
Haryana Govt.
Chandigarh Govt.
No specified store.
Malkhana in all police stations for storage of contraband Narcotics Drugs and Psychotropic Substances.
A Room called Malkhana is specifically designated to keep the seized contrabands.
Tamil Nadu
Customs and Central Excise
Directorate of Revenue Intelligence
No Specific storage space.
No specific storage is available
No specific store of its own.
NCB, Jodhpur Zone
NCB, Chandigarh Zone
West Bengal
Yes, But no sub-zone available.
A separate room has been specified for storage of seized contraband.
The seized goods are stored in Police Station Malkhana under the charge of a designated Police Officer and supervision of officer in charge of Police Station.
6. Similarly, in answer to the query as to the steps taken at the time of storage to determine the nature and the quantity of the substance being stored and measures to prevent substitution and/or pilferage from the stores, the State Governments have sent their replies which too have been summarised by the Amicus Curiae in the following words:
Annexure-F
iii. What are the steps taken at the time of storage to determine the nature and quantity of the substance being store and measures to prevent substitution and pilferage from stores?
Delhi Govt.
Gujarat Govt.
Guwahati Govt.
Imphal Govt.
Mizoram Govt.
Tripura Govt.
Proper entry in malkhana register and malkhana incharge and properly locked and guarded
Writer head of Police station maintains muddamal register which has complete details. All subsequent withdrawal and redisposit ion are also reflected in the muddamal register
Writer head of Police station maintains muddamal register which has complete details. All subsequent withdrawal and redisposit ion are also reflected in the muddamal register
Complete process of classifica tion and weighing of drugs along with measures of prevention of pilferage mentioned at
Utmost care in weighing and measurements by officer-in-c harge.
Malkhana officer incharge carefully keeps the contraband s in the malkhana after maintainin g register.
@Pg 10 of Delhi Govt. submission
@Pg.2 of Gujarat Govt. Submission
@ Pg.No.52 of Guwahati Govt. submission
@ Pg. No. 74 of Imphal Govt. submission
@page 101 of submissions by Mizoram Govt.
@Pg.No.3 of submission by Tripura Govt.
Meghalaya Govt.
Uttar Pradesh Govt.
Maharashtr a Govt., Goa and Daman Diu.
Himachal Pradesh Govt.
Chhattisgarh Govt.
Andhra Pradesh Govt.
General duty of detecting officer to weigh, seal the contraban d with signature s of civilian witnesses with proper entry in register and lock it. @pg.7 Annex-A-2 of Meghalaya Govt. Submission/
After Seizure the concerned drug is weighed.
Contraband is packed and kept safe with Muddemal Clerk in separate cupboard.
NDPS is seized by investigat ing officer.
Details of all steps to determine the nature and quantity of the substance being store and measures to prevent substitutio n and pilferage from stores elaborated @ Pg.No. 3 of submissions by Chhattisgar h Govt.
During the storage the details are entered in storage room register.
--------- Acc. To Report of Comm. Of Customs @ Pg.67:
Subsequently a sample is taken out of the bag and both are weighed separately .
@ Pg.6.
After samples are taken, the same is seized by I.O. affixing his own seal and later resealed by SHO before consigning it to the safe custody in police malkhana of the Police Station.
Store room is duly sealed and armed guards/stat ion watch are posted.
Stored in Central Godown in safes and vaults with double locking system under command of a Gazetted Officer.
Both the sample and main stock are wrapped in a piece of cloth and are sealed.
Goa:
@ Pg.No.3 of HP Govt. submission .
@ pg.no. 2 of A.P. Govt. submission
The sample is sent for forensic testing and the main packed is sealed and kept in the malkhana.
Contraband packed and sealed at the spot of seizure. Entry in Mudamma, register to show chain of movements and its custody.
@ Pg.6 of submission s by U.P. Govt.
@ pg. 8.
Daman & Diu and Dadar & Nagar Haveli:
there are very remote chances of substituti on/ pilferage as the stored goods are subject to periodical inspection .
Page 9 of the Response
Rajasthan Govt.
Sikkim Govt.
Uttarakhand Govt.
Jharkhand Govt.
Kerala Govt.
Karnataka Govt.
No specific answer.
However packing resources for storage are used according to quantity and nature of the contraband.
NDPS is packed and sealed under stamp of IO and nature and quantity recorded in presence of individual witnesses.
NDPS sample is sent to forensic laboratory.
For preventing substitution, details entered into station diary of the concerned police station.
Complete safety measures mentioned in
Material objects is sealed and packed properly.
During recovery a pinch of the substance is tested with the help of field drug test kit for an indicative test.
After positive indicative result, the officer makes detailed inventory. The seized goods are stored in the departmental godown or the judicial godown and only a representative sample is sent to the laboratory for chemical analysis.
@ Pg.No. 2 of Submission by Rajasthan Govt.
Page 11 of the Response.
Annex-3 with the govt. submission.
Page 9 of the Response
@ pg. 10 of submission by Karnataka Govt.
Page 5 of the Response
Madhya Pradesh Govt.
Orissa Govt.
Bihar Govt.
Punjab Govt.
Haryana Govt.
Chandigarh Govt.
By NCB Indore Zonal Office.
Seized drugs are sealed in such a manner as to minimize the chances of pilferage
Seized drugs are sealed and produced before the Court and then stored in Maalkhana after entry in registers
Police officials deployed at all NDPS Maalkhana stores. Case property register No. 19 is maintained.
Procedure as per and Punjab Police rules 1934.
Inspection by gazette officers.
Weekly and fortnightly reports obtained from all concerned regarding seized/ storage of NDPS.
Stock Register is maintained by field units and periodical checking is done.
Seized contraband is safely kept in Malkhana under lock.
Seized contraband wrapped in transparent polythene and then in white cloth before sealing and signing it.
Quality and amount of seized drug is also mentioned in the packet.
After producing the seized goods with permission of court the drugs are deposited in maalkhana in sealed condition with proper entry and under the custody of Maalkhana Officer
Pg. No. 3 of submission by Bihar Govt.
@ pg.no. 16 and 17 of submission by Punjab Govt.
@ pg. 121 of submission of Haryana Govt.
No more details mentioned.
@ Pg. 5 of submissions by M.P. Govt.
Page 2 and 3 of the Response.
By police heads of districts:
A seizure memo is again prepared u/s 55 of NDPS Act at the time of storage in the police station malkhana and sealed by Station House Officer.
Necessary entries are made in the Rojnamcha and seized property register maintained in the police station.
At page 4 of the Response.
Tamil Nadu
Directorate of Revenue Intelligence
NCB Zonal Officer, Jodhpur
NCB Zonal Office, Chandigarh
Customs and Central Excise
No such instance has arisen.
The sealed contained containing the seized goods is handed over to Custodian under proper documentation.
The inventory, seizure memo as well as the paper seals on the sealed container are duly signed by the panch witnesses, accused and seizing officer.
The custodian are responsible for appropriate action to prevent substitution and pilferage.
As per Government of India Notification, circular 1/89 page 3 of the Response.
The seized goods are stored lot wise and stored under proper lock and key under the supervision of ITBP Guard.
No one other than the store in charge is authorized to enter the store.
The seized contraband is deposited in the godown/ malkhana on the basis of the Particulars mentioned in the seizure memo/panchnama.
Proper and secured packing and sealing of the contraband ensures its safety.
Page 6 of the Response.
Page 11 of the Response.
West Bengal
The seized goods are packed labeled and sealed by the Officer and are handed over to the officer in charge with copy of seizure list.
Details are also incorporated in the Malkhana Register having counter signed of dealing officer.
7. The reports submitted by the State Governments and the Central Agencies further claim that stock registers maintained at the storage sites are periodically checked by the staff mentioned in the reports. Another question that was asked from the State Governments and the Central Agency relates to the condition of the storage facilities, shortage of storage facilities, if any, and whether any steps have been taken or are being taken to remove the deficiencies.
Answers to those queries suggest that no proper storage facilities are available in most of the States. For instance, in Gujarat no special storage facility is available for keeping the contraband, which is, therefore, stored in general muddamal room. In Assam the NBC Guwahati Zonal Unit is said to be running from a rented house and one secured room is earmarked for storage with triple locking system under the supervision of the Superintendent. In Imphal, the store room is overflowing with contraband. Since there is shortage of space, pre-trial disposal process has been initiated to decrease congestion in godowns. Although Mizoram Government claims that there is no lack of storage facility, no information as to any specific storage facility being earmarked for the purpose has been provided.
In Tripura the enforcement branch is said to be maintaining the malkhana used for storage of contrabands. In Himachal Pradesh there is no storage facility except an old building used for the purpose, while in Chhattisgarh the storage facility is satisfactory but not sufficient for bulk storage. Similarly, Rajasthan has scarcity of storage facility. Jharkhand has no separate storage facility at all whereas Kerala has satisfactory storage facilities only in some of the districts. In Orissa and Bihar the storage facilities are totally insufficient and unsatisfactory. States of Haryana, Madhya Pradesh, Goa, Daman Diu and Dadar & Nagar Haveli and Andhra Pradesh claim to have no problems with storage facility while Tamil Nadu does not have any separate storage.
8. Directorate of Revenue Intelligence has not provided any information while NCB Zonal Office, Jodhpur has no shortage of space. NCB Zonal Office, Chandigarh has reported insufficiency of space and has started the process for construction of a specified storage facility. Customs and Central Excise Authority has reported that their godown is full and no more space is available.
9. In answer to the question as to who is authorised to apply to the Court to destroy the seized contraband and whether there has been any failure or dereliction in making such applications and whether any person having technical knowledge of narcotic drugs and psychotropic substance (natural and synthetic) is associated with the process of destruction of the contraband, the reply submitted by the State Governments suggest that different persons in different States have been authorised to make such applications to the Courts concerned except in Tripura where no particular person is authorised.
In some cases Officer-in- charge of the Police Station has been authorised while in others the I.O. is also empowered to apply for permission to destroy the contraband. In answer to the question whether any action has been taken against anyone who should have applied for permission to destroy the narcotics but had not done so, State Governments have all answered in the negative implying thereby that either no dereliction of duty has occurred on the part of any officer competent to apply for destruction or no action has been taken for any such dereliction.
10. Similarly, regarding the steps taken at the time of destruction to determine the nature and quantity of the substance being destroyed, the reports submitted by the State Governments give varying answers. There is no uniformity in the procedure adopted by those associated or in charge of the process of destruction. The reports suggest as if adequate steps are taken to prevent damage, loss, pilferage and tampering/substitution of the narcotic drugs and psychotropic substances from the point of search to the point of destruction but there is no uniformity or standard procedure prescribed or followed in that regard. Having said that we must mention that we are in these proceedings concerned with the following three issues only for the present: Seizure and sampling of the Narcotic drugs and Psychotropic substances their storage and their destruction Seizure and sampling:
11. Section 52-A(1) of the NDPS Act, 1985 empowers the Central Government to prescribe by a notification the procedure to be followed for seizure, storage and disposal of drugs and psychotropic substances. The Central Government have in exercise of that power issued Standing Order No. 1/89 which prescribes the procedure to be followed while conducting seizure of the contraband. Two subsequent standing orders one dated 10.05.2007 and the other dated 16.01.2015 deal with disposal and destruction of seized contraband and do not alter or add to the earlier standing order that prescribes the procedure for conducting seizures.
Para 2.2 of the Standing Order 1/89 states that samples must be taken from the seized contrabands on the spot at the time of recovery itself.
It reads:
"2.2. All the packages/containers shall be serially numbered and kept in lots for sampling. Samples from the narcotic drugs and psychotropic substances seized, shall be drawn on the spot of recovery, in duplicate, in the presence of search witnesses (Panchas) and the person from whose possession the drug is recovered, and a mention to this effect should invariably be made in the panchnama drawn on the spot."
Most of the States, however, claim that no samples are drawn at the time of seizure. Directorate of Revenue Intelligence is by far the only agency which claims that samples are drawn at the time of seizure, while Narcotics Control Bureau asserts that it does not do so. There is thus no uniform practice or procedure being followed by the States or the Central agencies in the matter of drawing of samples. This is, therefore, an area that needs to be suitably addressed in the light of the statutory provisions which ought to be strictly observed given the seriousness of the offences under the Act and the punishment prescribed by law in case the same are proved. We propose to deal with the issue no matter briefly in an attempt to remove the confusion that prevails regarding the true position as regards drawing of samples.
12. Section 52A as amended by Act 16 of 2014, deals with disposal of seized drugs and psychotropic substances. It reads:
"Section 52A : Disposal of seized narcotic drugs and psychotropic substances.
(1) The Central Government may, having regard to the hazardous nature of any narcotic drugs or psychotropic substances, their vulnerability to theft, substitution, constraints of proper storage space or any other relevant considerations, by notification published in the Official Gazette, specify such narcotic drugs or psychotropic substances or class of narcotic drugs or class of psychotropic substances which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that Government may from time to time, determine after following the procedure hereinafter specified.
(2) Where any narcotic drug or psychotropic substance has been seized and forwarded to the officer-in-charge of the nearest police station o
