1[52A. Disposal of seized narcotic drugs and psychotropic substances.– 2[(1) The Central Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the Official Gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, 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 3[narcotic drugs, psychotropic substances, controlled substances or conveyances] has been seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered under section 53, the officer referred to in sub-section (1) shall prepare an inventory of such 3[narcotic drugs, psychotropic substances, controlled substances or conveyances] containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the 3[narcotic drugs, psychotropic substances, controlled substances] or conveyances or the packing in which they are packed, country of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the 3[narcotic drugs, psychotropic substances, controlled substances or conveyances] in any proceedings under this Act and make an application, to any Magistrate for the purpose of–
(a) certifying the correctness of the inventory so prepared; or
(b) taking, in the presence of such magistrate, photographs of 4[such drugs, substances or conveyances] and certifying such photographs as true; or
(c) allowing to draw representative samples of such drugs or substances, in the presence of such magistrate and certifying the correctness of any list of samples so drawn.
(3) Where an application is made under sub-section (2), the Magistrate shall, as soon as may be, allow the application.
(4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1972) or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying an offence under this Act, shall treat the innventory, the photographs of 5[narcotic drugs, psychotropic substances, controlled substances or conveyances] and any list of samples drawn under sub-section (2) and certified by the Magistrate, as primary evidence in respect of such offence.]
1. Ins. by Act 2 of 1989, s. 14 (w.e.f. 29-5-1989).
2 Subs. by Act 16 of 2014, s. 17, for sub-section (1) (w.e.f. 1-5-2014).
3. Subs. by s. 17, ibid., for “narcotic drug or psychotropic substance” (w.e.f. 1-5-2014).
4. Subs. by s. 17, ibid., for “such drugs or substances” (w.e.f. 1-5-2014).
5. Subs. by Act 16 of 2014, s.17, for “narcotic drugs or psychotropic substances” (w.e.f. 1-5-2014).
Simplified Explanation
Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with the disposal of seized narcotic drugs, psychotropic substances, controlled substances, and conveyances. This section is designed to regulate how such substances, once seized by law enforcement authorities, are handled and disposed of, ensuring transparency and proper legal procedure. Here’s a detailed breakdown:
Subsection (1) – Government Authority to Specify Disposal Procedure
The Central Government has the power to determine how and when certain narcotic drugs, psychotropic substances, controlled substances, or conveyances (like vehicles used to transport drugs) are to be disposed of after being seized.
- Hazardous Nature: Some drugs or substances may be dangerous to handle, and the government will consider their hazardous nature when deciding how to dispose of them.
- Vulnerability to Theft/Substitution: The government will also consider whether these substances are likely to be stolen, tampered with, or substituted (e.g., replaced with fakes).
- Storage Constraints: Seized drugs may need to be disposed of quickly if there is insufficient space to store them safely.
Based on these and other relevant factors, the Central Government can issue a notification in the Official Gazette, which will specify:
- Which types of drugs or substances are to be disposed of (including controlled substances and conveyances).
- How they should be disposed of, and the officers responsible for carrying out the disposal.
Subsection (2) – Preparation of Inventory and Application to Magistrate
Once narcotic drugs, psychotropic substances, controlled substances, or conveyances have been seized and forwarded to the nearest police station or to an officer authorized under Section 53 of the Act, the officer in charge (who is tasked with handling the seized items) must:
- Prepare an inventory: The officer must create a detailed list of the seized items. This inventory should include:
- Description: A detailed account of the substance (e.g., its appearance, form, etc.).
- Quality and Quantity: The amount or weight of the substance.
- Mode of Packing: How the substance is packed (e.g., bottles, packages, etc.).
- Identification Details: This could include marks, numbers, labels, or any other distinguishing features.
- Country of Origin: Information about where the substance came from.
- Other Pertinent Details: Any other relevant information about the seized substances or conveyances that could help identify them in legal proceedings.
- Application to the Magistrate: The officer must then make an application to a Magistrate for the following purposes:
- (a) Certifying the Inventory: The Magistrate can verify that the inventory of seized substances is correct and complete.
- (b) Photographs of the Seized Items: The officer may be allowed to take photographs of the seized substances or conveyances in the presence of the Magistrate. These photographs would then be certified by the Magistrate as accurate representations of the seized items.
- (c) Drawing Samples: The officer may also be permitted to draw representative samples from the seized substances, again in the presence of the Magistrate. A list of these samples must also be certified as accurate by the Magistrate.
Subsection (3) – Magistrate’s Approval
When an application is made under subsection (2), the Magistrate must approve the request as soon as possible. This ensures that the process of documenting and verifying the seized substances is timely and properly overseen.
Subsection (4) – Evidence in Court
This subsection highlights the evidentiary value of the documentation prepared during the seizure process:
- The inventory, photographs, and samples of seized substances, once certified by the Magistrate, will be treated as primary evidence in any court proceedings related to the offence under this Act.
- This means that in court, these documents (inventory, photographs, and samples) will be accepted as official, reliable evidence without requiring further proof, assuming they are correctly certified by the Magistrate.
This provision ensures that the evidence related to seized drugs or substances is legally valid and can be used effectively in prosecution without the need for repetitive procedures or challenges to the authenticity of the evidence.
Summary of Key Points
- Disposal of Seized Items: The Central Government can specify which narcotic drugs, psychotropic substances, controlled substances, and conveyances should be disposed of quickly, considering factors like safety, storage, and risk of theft.
- Inventory and Documentation: The officer handling the seizure must create a detailed inventory and, if needed, seek a Magistrate’s assistance to certify the inventory, take photographs, and draw samples.
- Magistrate’s Role: The Magistrate must certify the inventory and photographs and allow samples to be drawn in the presence of law enforcement, ensuring accuracy.
- Primary Evidence: The inventory, photographs, and sample lists certified by the Magistrate are considered primary evidence in court, simplifying legal proceedings and ensuring authenticity.
Practical Implications
- Prevents Tampering: This section helps prevent tampering with seized substances by establishing a clear, transparent process for documenting and photographing the evidence, thereby safeguarding the integrity of the evidence.
- Simplifies Legal Proceedings: By treating the certified inventory and photographs as primary evidence, it streamlines court processes, reducing the need for additional testimony or verification.
- Ensures Proper Disposal: The section ensures that substances that may pose a risk (due to their hazardous nature or potential for theft) are quickly and appropriately disposed of, in line with government instructions.
Overall, Section 52A ensures that seized drugs and related substances are handled properly, with appropriate legal safeguards to prevent misuse or loss of evidence in the criminal justice process.
