Allahabad High Court
Union Of India, Central Bureau Of ... vs Rajdev Yadav And Another on 29 August, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:139111 Court No. - 80 Case :- APPLICATION U/S 482 No. - 28575 of 2024 Applicant :- Union Of India, Central Bureau Of Narcotics Opposite Party :- Rajdev Yadav And Another Counsel for Applicant :- Krishna Agarawal Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicant and learned A.G.A for the State.
2. The instant application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 14.09.2023 passed by Additional Sessions Judge/Fast Tract Court-II/Special Judge (N.D.P.S. Act), Ghazipur in Criminal Misc. Case No. 433 of 2023 titled Union of India v. Rajdev, arising out of Case Crime No. 03 of 2022, under Section 8/22/29/30 of N.D.P.S. Act, P.S. C.B.N., District Ghazipur.
3. Learned counsel for the applicant states that learned trial Court has erroneously directed the applicant to approach the Drug Disposal Committee for disposal of the seized Narcotic Drugs and Psychotropic Substances in contravention of Section 52-A (3) and 52-A (2) of N.D.P.S. Act. The applicant had preferred an application under Section 52-A of the N.D.P.S. Act read with Narcotics Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal), Guidelines 2022 before the trial Court to direct the Judicial Magistrate to draw the samples and certify the inventory of seized materials, which shall act as primary evidence in trial, on applicant's application. He states that the learned trial Court instead of seizure, directing the concerned Judicial Magistrate to certify the inventory and draw the samples in his presence erroneously has directed to approach the Drug Disposal Committee. Shri Krishna Agarawal has also relied upon the Supreme Court's judgment in Union of India v. Mohal Lal and Others reported in (2016) 3 SCC 379.
4. For clarity, Section 52-A (2) is extracted hereinbelow:
"52-A. Disposal of seized narcotic drugs and psychotropic substances.
(1) ------------
(2) Where any [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 [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 [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 subsection (1) may consider relevant to the identity of the [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 [such drugs or 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."
5. In view of the foregoing discussions, the impugned order dated 14.09.2023 passed by Additional Sessions Judge/Fast Tract Court-II/Special Judge (N.D.P.S. Act), Ghazipur in Criminal Misc. Case No. 433 of 2023 titled Union of India v. Rajdev, arising out of Case Crime No. 03 of 2022, under Section 8/22/29/30 of N.D.P.S. Act, P.S. C.B.N., District Ghazipur, is set aside to the effect to allow the Department to file a fresh application under Section 52-A (2) and decide the same in accordance with the provisions of Section 52-A of the N.D.P.S. Act read with Narcotics Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal), Guidelines 2022, and the procedure laid down by Supreme Court in Union of India's case (supra).
6. With the aforesaid observation, the instant application under Section 482 Cr.P.C. is allowed.
Order Date :- 29.8.2024 Shafique Justice Vinod Diwakar