Mandate Of Section 52A NDPS Act Has To Be Duly Complied Before Disposal/Destruction Of Seized Narcotic Substances : Supreme Court

The Supreme Court observed that the mandate of Section 52A of the NDPS Act has to be duly complied before any disposal/destruction of seized narcotic substances.The bench of Justices A S Bopanna and M M Sundresh observed thus while allowing an appeal filed by an accused concurrently convicted uinder Section 8 read with Section 15 of the Narcotic Drugs and Psychotropic Substances Act,. The Supreme Court observed that the mandate of Section 52A of the NDPS Act has to be duly complied before any disposal/destruction of seized narcotic substances. Section 52A of the NDPS Act is a mandatory rule of evidence which requires the physical presence of a Magistrate followed by an order facilitating his approval either for certifying an inventory or for a photograph taken apart from list of samples drawn.Before any proposed disposal/destruction mandate of Section 52A of the NPDS Act requires to be duly complied with starting with an application to that effect. Case details Mangilal vs State Of Madhya Pradesh | 2023 LiveLaw 549 | 2023 INSC 634 Headnotes NDPS Act, 1986 ; Section 52A - Indian Evidence Act, 1872 ; Section 114 - Section 52A of the NDPS Act is a mandatory rule of evidence which requires the physical presence of a Magistrate followed by an order facilitating his approval either for certifying an inventory or for a photograph taken apart from list of samples drawn - Before any proposed disposal/destruction mandate of Section 52A of the NPDS Act requires to be duly complied with starting with an application to that effect.