TaxTMI 
TaxTMI 
2020 (12) TMI 532
X X X X Extracts X X X X
X X X X Extracts X X X X
...., Basement Floor, CW-252, Sanjay Gandhi Transport Nagar, New Delhi is about to deliver unlabelled Buprenorphine Injections and different type of Narcotics and Psychotropic Substance who used to sell these medicines. b. The informer stressed that huge quantity of illegal medicines containing NDPS and unlabelled Buprenorphine can be recovered on search of primes. The said information was recorded in CBN-1 and intimated to Asstt. Narcotics Commissioner, Central Bureau of Narcotics, Gwalior. Accordingly, Sh.Praveen Dhull, Inspector was directed by the said D.S.Singh, Superintendent (Prev.) to constitute a preventive party and take necessary action immediately. The team of CBN officers was constituted and reached at Sanjay Gandhi Transport Nagar by a Government vehicle No.HR 26 BN 2410 around 14:00 hrs. on 14.01.2020. c. On reaching at Sanjay Gandhi Transport Nagar, Sh.Praveen called two public persons who were passing through and introduced himself and other team members had apprised them about the secret information received regarding illegal purchase and sale of NDPS medicines by a shop namely M/s Moksh Meditech and requested them to be present as independent witness during the s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nd psychotropic substances. Accordingly, an order dated 09.07.2020 came to be passed against the petitioner who not even done anything wrong and has been made scapegoat in the original proceedings as the case property has been planted upon the petitioner. f. Being aggrieved, the petitioner filed a revision petition against the impugned order dated 09.07.2020, however, learned ASJ/Spl. Judge, NDPS, Patiala House Courts, was pleased to dismiss the same vide order dated 02.09.2020. 3. Hence the present petition has been filed. 4. Mr.Rajiv Mohan, learned counsel appearing on behalf of petitioner has submitted that as per Section 52 A (2) of NDPS Act, upon the seizure of contraband, the same has to be forwarded either to the officer-in-charge of the nearest police station or to the officer empowered under Section 53 of NDPS, who shall prepare an inventory as stipulated in the said provisions and make an application to the Magistrate. 5. In the present case, it is alleged that the contraband has been searched from the business premise of M/s Moksh Meditech, CW-252, Basement Floor, Sanjay Gandhi Transport Nagar. Thereafter, the list of the recovered items, list of recovered documents....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ion 53 of the Act, or if it is seized by such an officer himself, he shall prepare an inventory of such narcotic drugs or psychotropic substance as per Annexure 1 to this notification and apply to any Magistrate under sub-section 2 of 52(A) as per the Annexure 2 to this notification. (2) After the Magistrate allows the application under sub-section 3 of Section 52 A, the officer mentioned in clause (1) above shall preserve the certified inventory, photographs and samples drawn in the presence of the Magistrate as primary evidence for the case and submit the details of the-drug consignment to the Chairman of the Drug Disposal Committee for a decision by the Committee on the disposal. The office shall send a copy of the details along with the drug consignment to the officer-in charge of the godown." 8. As per para 4 of the Notification No. G.S.R. 38(E) dated 16.01.2015, in suppression of the earlier Notification G.S.R. 339(E) dated 10.05.2007 inter-alia provides that officer in charge of the police station shall within 30 days from the date of the receipt of chemical analysis report of drugs, psychotropic substances or controlled substances apply to any Magistrate under Section 5....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ly required the approval of the Court for disposal, notification dated 16th January, 2015 does not stipulate such approval as a specific condition. Be that as it may, to the extent the subsequent notification prescribes a different procedure, we treat the earlier notification/Standing Order No. 1/89 to have been superseded. In order to avoid any confusion arising out of the continued presence of two notifications on the same subject we make it clear that disposal of Narcotic Drugs and Psychotropic and controlled Substances and Conveyances shall be carried out in the following manner till such time the Government prescribes a different procedure for the same: Cases where the trial is concluded and proceedings in appeal/revision have all concluded finally: In cases that stood finally concluded at the trial, appeal, revision and further appeals, if any, before 29th May, 1989 the continued storage of drugs and Narcotic Drugs and Psychotropic and controlled Substances and Conveyances is of no consequence not only because of the considerable lapse of time since the conclusion of the proceedings but also because the process of certification and disposal after verification and testing....
X X X X Extracts X X X X
X X X X Extracts X X X X
....otropic and controlled Substances and Conveyances in relation to which the trial of the accused persons has finally concluded and the proceedings have attained finality at all levels in the judicial hierarchy. The DDCs shall then take steps to have such stock also destroyed under the direct supervision of the head of the Department concerned. (3) cases in which the proceedings are still pending before the Courts at the level of trial court, appellate court or before the Supreme Court: In such cases the heads of the Department concerned shall ensure that appropriate applications are moved by the officers competent to do so under Notification dated 16th January, 2015 before the Drugs Disposal Committees concerned and steps for disposal of such Narcotic Drugs and Psychotropic and controlled Substances and Conveyances taken without any further loss of time. 20. To sum up we direct as under: No sooner the seizure of any Narcotic Drugs and Psychotropic and controlled Substances and Conveyances is effected, the same shall be forwarded to the officer in-charge of the nearest police station or to the officer empowered under Section 53 of the Act. The officer concerned shall then ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ing on behalf of respondent has submitted that the officers of CBN have not violated the provisions of law and if there is violation of any statutory guidelines, as alleged, the effect thereof will be seen at the appropriate stage during the trial. The application was rightly submitted as per provisions of Section 52A of NDPS Act. for certification of inventory and drawl of representative samples to constitute primary evidence for the purpose of trial. Further submitted that investigating officer cannot conduct investigation in a tainted and biased manner. It is true that investigation must be fair, transparent and judicious. In the present case, the investigation was conducted in a fair, transparent and judicious manner. Shri Manoj Narwal was empowered under the Act to move the application under section 52A of NDPS Act, 1985. The said officer is of the rank of Inspector and he is duly empowered under section 53 of the NDPS Act and vide S.O.823(E) dated 14.11.1985 issued in Gazette of India. Accordingly, he had moved an application in exercise of his power conferred upon him under section 53 of the Act. 13. Mr. Aggarwal submitted that the appellant has referred notification meant ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....der dated 15.01.2020. 17. The grievance of the petitioner is that above named Insp. Manoj Narwal who did not prepare the inventory of seized Narcotics Drugs only moved an application under Sub-Section 2 of Section 52A of NDPS for disposal of the case property for which he was not empowered under Section 52A and 53 of NDPS Act. 18. As per Section 52A (2), only the officer in-charge of a police station or the officer who is empowered under Section 53 of NDPS Act can dispose of drugs under Section 52 A of NDPS Act. Insp Manoj Narwal is neither an officer in charge of Police Station / SHO nor he is empowered under Section 53 of the NDPS Act. Moreover, the said Insp. is not an officer who prepared the alleged list of the recovered items, list of recovered documents, panchnama, or draws the sample, or seized the alleged drugs. 19. It is pertinent to mention here that as per para 4 of the Notification No. G.S.R. 38(E) dated 16.01.2015, in suppression of the earlier Notification G.S.R. 339(E) dated 10.05.2007 inter-alia provides that officer in charge of the police station shall within 30 days from the date of the receipt of chemical analysis report of drugs, psychotropic substances or ....