(1) Any officer arresting a person under section 41, section 42, section 43 or section 44 shall, as soon as may be, inform him of the grounds for such arrest.
(2) Every person arrested and article seized under warrant issued under sub-section (1) of section 41 shall be forwarded without unnecessary delay to the Magistrate by whom the warrant was issued.
(3) Every person arrested and article seized under sub-section (2) of section 41, section 42, section 43 or section 44 shall be forwarded without unnecessary delay to–
(a) the officer-in-charge of the nearest police station, or
(b) the officer empowered under section 53.
(4) The authority or officer to whom any person or article is forwarded under sub-section (2) or sub-section (3) shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or article.
Simplified Explanation
Section 52 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) deals with the procedures to be followed when a person is arrested or when articles (such as narcotic drugs or psychotropic substances) are seized under the provisions of the Act. This section outlines how arrested individuals and seized goods should be handled and forwarded to the appropriate authorities.
Key Points of Section 52
- Informing the Arrested Person (Subsection 1):
- An officer arresting a person under Section 41, Section 42, Section 43, or Section 44 (which cover arrests under various circumstances related to narcotic offenses) must inform the person being arrested about the grounds for their arrest as soon as possible.
- Forwarding Arrested Person and Seized Article to Magistrate (Subsection 2):
- If a person is arrested and an article is seized under a warrant issued under Section 41(1) (warrant for arrest or search), the officer must forward the arrested person and the seized article without unnecessary delay to the Magistrate who issued the warrant.
- Forwarding Arrested Person and Seized Article to Police Station or Empowered Officer (Subsection 3):
- If the arrest and seizure occur under Section 41(2), Section 42, Section 43, or Section 44 (which provide for arrests and seizures without a warrant), the arrested person and seized article must be forwarded without unnecessary delay to one of the following:
- (a) The officer-in-charge of the nearest police station, or
- (b) The officer empowered under Section 53 of the NDPS Act (relating to the authority to receive and forward cases for further investigation).
- If the arrest and seizure occur under Section 41(2), Section 42, Section 43, or Section 44 (which provide for arrests and seizures without a warrant), the arrested person and seized article must be forwarded without unnecessary delay to one of the following:
- Disposal of Person and Article (Subsection 4):
- The officer or authority receiving the arrested person or seized article is responsible for ensuring that appropriate measures are taken for the disposal according to law of the person (i.e., either remand or release) and the article (i.e., either legal proceedings or disposal of the contraband).
Summary of Section 52
- Section 52 ensures that individuals arrested under the NDPS Act are promptly informed of the reasons for their arrest.
- It also outlines the steps for forwarding the arrested person and seized articles to either the Magistrate, the nearest police station, or an empowered officer.
- The section emphasizes timely and lawful disposal of arrested persons and seized items, ensuring adherence to legal procedures for their treatment and further action.
