Madhya Pradesh High Court
Mukesh Meena vs The State Of Madhya Pradesh on 7 August, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 MCRC-5465-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
MCRC No. 5465 of 2024
(MUKESH MEENA Vs THE STATE OF MADHYA PRADESH )
Dated : 07-08-2024
Shri Rajmani Bansal - Advocate for the applicant.
Shri Deependra Singh Kushwaha - Additional Advocate General for
respondent No.1-State.
Shri Praveen Kumar Newskar - Deputy Solicitor General and Shri Ravindra Singh Kushwaha and Shri Rajeev Upadhaya - counsel appearing for respondents No.2 & 3/ Union of India.
Shri Anil Singh Bhadoriya - Inspector PTS Tihgra is present in person. Dr. Ajay Soni - Deputy Director, Centre of Excellence for NDPS from N.F.S.U. Gandhi Nagar (Gujrat), Shri Ritesh Ranjan- Joint Director, Narcotics Control Bureau, Indore and Shri Dinesh Baudh - Commissioner, Centeral Bureau of Narcotics, Dr. S.P. Dutta- Scientist Indian Institute of Soil Science, Bhopal, Shri Vinay Thakur, A.D.G. (BISAG-N) and Shri Vijay Singh, Project Director BISAG-N have joined through video conferencing.
In the present case vide order dated 12-03-2024, detailed directions were given by this Court in para 7 of the said order. The said questions were reiterated in the order dated 22-04-2024 and to address those questions, different experts were requested to appear through video conferencing to participate in deliberation. Thereafter on 28-05-2024, further directions were given to include some experts from NFSU Gandhi Nagar and from Bhaskaracharya National Institute for Space Applications and Geo-
Signature Not Verified Signed by: VARSHA CHATURVEDI Signing time: 08-08-2024 02:22:18 PM2 MCRC-5465-2024 informatics (BISAG-N) under the Mininstry of Electonoics and Information Technology, Government of India. In pursuance thereof, these Officers are present to assist this Court.
Shri Ajay Soni -Deputy Director from N.F.S.U., Gandhinagar submitted a detailed report dated 29-07-2024 which is placed on record and through this report Shri Soni informs this Court that concept as conceptualized by this Court can be transformed into reality for which certain steps are required to be taken in this regard. He further referred Isotope Ratio Mass Spectrometry (IRMS) method, Data Sampling and Legitimate Sampling method to reach to an objective. According to him, IRMS is a powerful technology for determining the origin of Narcotic Drug and Psychotropic Substance (NDPS), but it is often used in conjunction with other methods to provide a comprehensive analysis. He also informs this Court that Data Base Samples can be created which can be matched later on with the samples of drugs when seized by the Enforcement Agencies.
Shri Ritesh Ranjan- Joint Director, Narcotics Control Bureau, Indore also referred the fact that on the basis of input received from BISAG-N, authorities are proactively passing the information to the State Police and at times in coordination with them, they reached to the spot where illegal cultivation is going on and destroyed it then and there only. Therefore, according to Shri Ranjan, the Narcotics Control Bureau is performing proactively. They are ready to assist the State Police in capacity building while providing training to them.
Considering the submissions advanced, counsel for the respondents are Signature Not Verified Signed by: VARSHA CHATURVEDI Signing time: 08-08-2024 02:22:18 PM 3 MCRC-5465-2024 directed to go through the report dated 29-07-2024 submitted by Shri Soni from NFSU, Gandhinagar and thereafter advance arguments to conceptualized the concept finally.
List on 04-09-2024.
Meanwhile, respondents may also seek instructions from the Principal Secretary, Home Department and D.G. Police about the use of Drug Detection Kit (parichayan) for its regular use by the State Police. An affidavit in this regard be filed by a responsible Officer of the Home Department/ Police Headquarter not below the rank of I.G. on or before next date of hearing.
I.R., if any, granted earlier shall continue till next date of hearing.
(ANAND PATHAK) JUDGE VC Signature Not Verified Signed by: VARSHA CHATURVEDI Signing time: 08-08-2024 02:22:18 PM