Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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ILC-2016-SC-CRL-Jan-20

Union Of India Vs. Mohanlal & Anr.

Head Note

Narcotic Drugs and Psychotropic Substances Act, 1985  - Section 52-A , Section 53 , Section 55

Seizure and Sampling of Contraband Substances- Storage of Contraband Substances - Disposal of Drugs- Directions issued by Apex Court in this regard - Keeping in view the importance of the subject the Chief Justices of the High Courts concerned requested to appoint a Committee of Judges on the administrative side to supervise and monitor progress made by the respective States in regard to the compliance with the issued directions and wherever necessary, to issue appropriate directions for a speedy action on the administrative and even on the judicial side in public interest wherever considered necessary.

Narcotic Drugs and Psychotropic Substances Act, 1985  - Section 52-A , Section 53

Seizure and Sampling of Contraband Subtances - 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 - The sampling shall be done under the supervision of the magistrate.

Narcotic Drugs and Psychotropic Substances Act, 1985  - Section 52-A

Disposal of Drugs - In order to avoid any confusion arising out of the continued presence of two notifications Standing Order No. 1/89 and notification dated 16th January, 2015 on the same subject made clear that disposal of Narcotic Drugs and Psychotropic and controlled Substances and Conveyances shall be carried out in the as laid down by Apex Court in manner as laid down by Apex Courtin this judgment till such time the Government prescribes a different procedure for the same-Disposal of the seized drugs currently lying in the police maalkhans 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'.

Narcotic Drugs and Psychotropic Substances Act, 1985  - Section 55

torage of Contraband Substances - Central Government and its agencies and so also the State Governments directed that l within six months from today to 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 - 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 - 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.

Topic(s)-NDPS - Storage ,  Disposal etc of Seized Contraband - Directions issued







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@2016 Indian Law
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