Section 52A NDPS procedure on inventory, sampling and disposal of contraband was examined for consistency with the statutory scheme.

Section 52A of the NDPS Act governs inventory preparation, Magistrate certification, photographs, representative samples, and treatment of certified material as primary evidence. The order also examines its relationship with the seizure, custody, and disposal scheme under Sections 52, 53 and 55, and notes that the earlier Division Bench interpretation was questioned on whether Section 52A applies at the stage of seizure and subsequent disposal of contraband. No final adjudication was made on the issue, and the matter was kept over for further hearing.

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Issues: Whether the procedure under Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 governs the seizure and disposal of narcotic contraband, and whether the earlier interpretation of the provision required reconsideration in light of the statutory scheme under Sections 52, 53 and 55.

Analysis: The order notices that Section 52A deals with preparation of inventory, certification by a Magistrate, photographs, representative samples, and treatment of the certified material as primary evidence. It also notes the relationship of Section 52A with the provisions concerning seizure, custody, and disposal under Sections 52, 53 and 55, and records that the question arose whether the earlier Division Bench view correctly reflected the statutory position regarding applicability of Section 52A at the stage of seizure and subsequent disposal of contraband.

Outcome: No final adjudication was made on the issue. The matter was kept over for further hearing.

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