Magisterial supervision, secure storage and time-bound disposal govern seized narcotic contraband under the statutory procedure.

Magisterial certification under Section 52A governs sampling of seized narcotic drugs and psychotropic substances, and executive standing orders cannot override that statutory procedure. The Court also required seized contraband to be kept in exclusive storage facilities with double-locking, responsible supervision and proper record-keeping, finding existing arrangements inadequate. It further directed expeditious disposal of long-pending seized stock under the notified procedure and Drugs Disposal Committee framework, with prompt action by competent officers to prevent hazardous accumulation and pilferage. The directions operate to secure supervised sampling, accountable storage and time-bound destruction of seized contraband.

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Issues: (i) whether seizure and sampling of narcotic drugs and psychotropic substances must follow the statutory procedure under Section 52A; (ii) whether adequate and designated storage facilities with security safeguards are required for seized contraband; (iii) whether seized contraband lying in custody should be disposed of in a time-bound manner under the governing notification and standing order.

Issue (i): Whether seizure and sampling of narcotic drugs and psychotropic substances must follow the statutory procedure under Section 52A.

Analysis: Section 52A empowers the Central Government to prescribe the procedure for disposal of seized narcotic drugs and psychotropic substances and requires the officer concerned to prepare an inventory and move the Magistrate for certification of the inventory, photographs and representative samples. The statutory scheme makes magisterial supervision central to sampling and certification. The standing order calling for sampling at the spot of seizure could not prevail over the Act where the two were inconsistent. The application for sampling and certification must be made without undue delay and the Magistrate must act promptly.

Conclusion: Sampling is to be carried out under the statutory procedure with magisterial supervision, and not as a mandatory spot-seizure requirement under the standing order.

Issue (ii): Whether adequate and designated storage facilities with security safeguards are required for seized contraband.

Analysis: The statutory framework, read with the standing order, requires seized drugs to be stored in safes and vaults with double locking and under responsible supervision. The reports showed widespread absence of designated godowns, inadequate security, weak record-keeping and poor inspection across jurisdictions. The Court treated this as a serious failure in implementation and directed creation of exclusive storage facilities with proper safeguards and designated officers.

Conclusion: Proper exclusive storage facilities with double-locking and supervisory controls are required, and the existing storage arrangements were found inadequate.

Issue (iii): Whether seized contraband lying in custody should be disposed of in a time-bound manner under the governing notification and standing order.

Analysis: Section 52A and the later notification provided a framework for disposal through the Drugs Disposal Committee, but continued storage of huge quantities of seized contraband was found to be hazardous and impractical. The Court directed disposal of long-pending stock in custody, distinguished cases finally concluded from pending cases, and required immediate action by competent officers and committees. It also clarified the manner in which disposal should proceed pending further governmental prescription.

Conclusion: Seized contraband lying in custody is to be disposed of expeditiously in accordance with the Court's directions and the notified procedure.

Final Conclusion: The decision lays down binding directions on sampling, storage and disposal of seized narcotic drugs and psychotropic substances to prevent pilferage, ensure magisterial oversight and secure prompt destruction of long-pending seized stock.

Ratio Decidendi: Where the statute prescribes magisterial certification and supervised sampling, executive instructions cannot override it, and seized contraband must be stored and disposed of under an accountable, secure and time-bound statutory process.

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