Section 52A of the NDPS Act concerns disposal after seizure, not search procedure; earlier contrary view held per incuriam.

Section 52A of the NDPS Act was held to govern disposal of seized narcotic drugs and psychotropic substances after seizure, not the procedure for search or seizure itself. The Court applied binding precedent and the doctrine of per incuriam, holding that a co-equal Bench cannot treat as binding a view rendered in ignorance of earlier binding law. The earlier Division Bench observations were declared per incuriam to the extent they suggested that Section 52A regulated seizure procedure, and the appeals were directed to be heard on merits.

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Issues: Whether the earlier Division Bench view that Section 52A of the NDPS Act governs the procedure at the stage of seizure was rendered per incuriam, and whether the matter should proceed on merits.

Analysis: Section 52A was held to deal with disposal of seized narcotic drugs and psychotropic substances after seizure, not with the procedure for search or seizure itself. The Court relied on binding precedent holding that the provision does not empower the Central Government to prescribe search procedure and that the statutory scheme distinguishes seizure from post-seizure disposal. It further applied the doctrine that a decision rendered in ignorance of binding precedent is per incuriam, and that a co-equal Bench is bound by a larger or coordinate Bench decision of binding force.

Conclusion: The observations in the earlier Division Bench decision were declared per incuriam to the extent they suggested that Section 52A governs seizure procedure, and the appeals were directed to be heard on merits.

Final Conclusion: The challenged interpretation of Section 52A was not accepted as binding, and the matter was left to be adjudicated on merits in the regular course.

Ratio Decidendi: A Bench of co-equal or lesser strength cannot treat as binding a view rendered in ignorance of a binding precedent; Section 52A of the NDPS Act concerns disposal of seized contraband and not the procedure of search or seizure.

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