2016 (6) TMI 1442

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.... case of State of Gujarat v. Jabbirsing Ratansing Indra Rajput [54 (3) GLR 1952] about interpretation of Section 52A read with Section 55 of NDPS Act, 1985, whereby in paras 18, 19, 20 and 21 it is held that in the matter of seizure, the prosecution is required to follow the procedure prescribed under Section 52A of the Act  (amended by Amendment Act No.2 of 1989). That, Chapter V is about procedure pertaining power to issue warrant and authorisation, power of entry, search, seizure and arrest without warrant of authorisiation etc. under Sections 41 and 42 of the Act and Section 52 is about Disposal of persons arrested and articles seized. Section 53 invest officers of certain departments with powers of an in-charge of a police stat....

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...., country of origin and other particulars as the officer referred to in subsection (1) may consider relevant to the identity of the [narcotic drugs, psychotropic substances, controlled substances or conveyances] in any proceedings under this Act and make an application, to any Magistrate for the purpose of- (a) certifying the correctness of the inventory so prepared; or (b) taking, in the presence of such Magistrate, photographs of [such drugs, substances or conveyances] and certifying such photographs as true; or (c) allowing to draw representative samples of such drugs or substances, in the presence of such Magistrate and certifying the correctness of any list of samples so drawn. (3) Where an applicati....

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....ce to take charge of articles seized and delivered.- An officer-incharge of a police station shall take charge of and keep in safe custody, pending the orders of the Magistrate, all articles seized under this Act within the local area of that police station and which may be delivered to him, and shall allow any officer who may accompany such articles to the police station or who may be deputed for the purpose, to affix his seal to such articles or to take samples of and from them and all samples so taken shall also be sealed with a seal of the officer-in-charge of the police station. There is no doubt, Section 52A was inserted by Act 2 of 1989 w.e.f. 29.5.1989. While, sub section (1) of Section 52A substituted earlier provision vide S.O.....