Court's Directions on Seizure, Storage & Disposal of Drugs

The court issued comprehensive directions to ensure proper seizure, storage, and disposal of narcotic drugs and psychotropic substances. It mandated immediate steps to align practices with statutory requirements, establish proper storage facilities, and ensure timely disposal of seized drugs. The judgment emphasized the importance of strict adherence to legal provisions to combat drug abuse effectively.

---

---

Issues Involved:
1. Seizure and sampling of Narcotic Drugs and Psychotropic Substances.
2. Storage of seized drugs.
3. Disposal and destruction of seized drugs.

Issue-wise Detailed Analysis:

1. Seizure and Sampling:
The judgment addresses the procedure for seizure and sampling of narcotic drugs and psychotropic substances as per Section 52A of the NDPS Act, 1985. It emphasizes that samples must be taken from the seized contrabands on the spot at the time of recovery, in the presence of search witnesses and the person from whose possession the drug is recovered. However, the actual practice varies among states and central agencies, with many not following this procedure. The court highlights the conflict between the statutory provision and the Central Government's standing order, suggesting that the Central Government re-examine and amend the standing order to align with the statute.

2. Storage:
The judgment criticizes the lack of proper storage facilities for seized drugs, as mandated by Standing Order No. 1/89. It notes that most states and central agencies do not have designated storage facilities with vaults and double locking systems. The court finds this situation unacceptable and directs the Central and State Governments to establish adequate storage facilities within six months, with proper supervisory and regulatory controls to prevent theft, pilferage, or replacement of seized drugs.

3. Disposal and Destruction:
The judgment outlines the procedure for the disposal and destruction of seized drugs as per Section 52A and the Notification dated 16th January 2015. It directs that:
- For cases where the trial and appeals have concluded, the Drugs Disposal Committees (DDCs) should dispose of the drugs without further verification or testing.
- For cases where the trial and appeals are still pending, appropriate applications should be made for the disposal of the drugs.
- The court emphasizes the need for the Central and State Governments to ensure timely and proper disposal of seized drugs to prevent their recirculation in the market.

Conclusion:
The court issues comprehensive directions to ensure proper seizure, storage, and disposal of narcotic drugs and psychotropic substances. It mandates immediate steps to align practices with statutory requirements, establish proper storage facilities, and ensure timely disposal of seized drugs. The judgment underscores the importance of strict adherence to legal provisions to combat the menace of drug abuse effectively.

---