Proper disposal, inventory, and sampling of seized drugs under Section 52A NDPS Act are mandatory; non-compliance risks acquittal.
Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 governs the post-seizure handling of narcotic substances, including disposal, inventory preparation, and sampling. The provision mandates that the seizing officer prepare an inventory of seized drugs and apply to a Magistrate for certification of that inventory and for drawing representative samples under judicial supervision.
Sub-section (1) empowers the Central Government to prescribe the manner of disposal of seized substances, while sub-section (2) requires judicial oversight to prevent tampering and ensure chain of custody. Courts have consistently held that failure to comply with these procedures raises serious doubts about the integrity of evidence under Section 3 of the BSA (formerly Section 3 of the Evidence Act).
Procedural non-compliance with Section 52A can lead to reversal of conviction due to lack of reliable evidence.Defense counsels must scrutinize compliance with Section 52A in every NDPS prosecution, particularly in cases involving large seizures. The ruling reinforces the evidentiary safeguards essential to fair trial rights under Article 21.
Citations
- NDPS Act, 1985, Section 52A
