Magistrate-supervised inventory and sampling under the NDPS Act are maintainable, with certified records serving as primary evidence.

An application for inventory, certification and drawing of representative samples under Section 52A(2) of the NDPS Act is maintainable before a Judicial Magistrate, because the statute expressly permits an application to any Magistrate and requires prompt allowance of the request. The scheme also treats the certified inventory, photographs and sample list as primary evidence under Section 52A(4), confirming Magistrate-supervised proceedings. An order rejecting such an application on the footing that it could be made only before an Executive Magistrate was inconsistent with the statute and could not stand; the rejection was set aside.

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Issues: Whether an application for inventory, certification and drawing of representative samples under Section 52A(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985 is maintainable before a Judicial Magistrate and whether the order rejecting it on the ground of non-maintainability could stand.

Analysis: Section 52A(2) expressly permits the officer concerned to make an application to any Magistrate for certifying the inventory, taking photographs and allowing representative samples to be drawn in the presence of such Magistrate. Section 52A(3) requires the Magistrate to allow the application as soon as may be. The statutory scheme, reinforced by the treatment of the certified inventory, photographs and sample list as primary evidence under Section 52A(4), shows that the procedure is intended to be conducted under Magistrate supervision. The order under challenge, which held that such an application was not maintainable before the Magistrate and that the exercise lay only before the Executive Magistrate, was inconsistent with the statute and the governing legal position.

Conclusion: The application under Section 52A(2) was maintainable before the Judicial Magistrate and the order dismissing it for want of maintainability was set aside in favour of the appellant.

Ratio Decidendi: An application for inventory, sampling and certification under Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 is maintainable before a Judicial Magistrate, and the Magistrate's certified proceedings constitute primary evidence under the statute.

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