NDPS Act | Should Sample Be Drawn On Spot Or In Magistrate's Presence As Per Sec. 52A? Supreme Court Reserves Judgment
4 months ago

NDPS Act | Should Sample Be Drawn On Spot Or In Magistrate's Presence As Per Sec. 52A? Supreme Court Reserves Judgment

Live Law  

The Supreme Court recently concluded the two-day hearing on an appeal filed by the Narcotics Control Bureau against the May 18 order of the Delhi High Court, wherein the Court observed that the seized samples of narcotic drugs or psychotropic substances under the Narcotics Drugs and Substance Act, 1985, should be forwarded to the laboratory within 72 hours. The High Court's judgment also held that the samples should be drawn under Section 52A in the presence of Magistrate. The court observed that Section 52A of the NDPS Act does not give a time frame within which application has to be made for collection of sample to the magistrate and that the time frame provided in Standing Order 1/88 is only in the context of sending the sample to FSL. Bhandari stated that the time frame starts after the Section 52A application has been decided but Justice Bela disagreed and stated that the period begins after the seizure of the samples.

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History of this topic

S.52A NDPS Act | Samples Be Drawn In Presence Of Accused As Far As Possible Though Not At Spot Of Seizure : Supreme Court Summarises Principles
2 months ago

S.52A NDPS Act | Samples Be Drawn In Presence Of Accused As Far As Possible Though Not At Spot Of Seizure : Supreme Court Summarises Principles

Live Law  

The Supreme Court yesterday summarized the principles regarding Section 52A of the Narcotic Drugs and Psychotropic Substances Act emphasizing its purpose of ensuring both the safe disposal of seized contraband and introducing procedural safeguards to maintain the integrity of the evidence. The bench comprising Justices JB Pardiwala and R Mahadevan summarized the principles regarding Section 52A in the following points: …

Mere Breach Of S.52A NDPS Act Not Fatal To Trial If Contraband Recovery Otherwise Proved : Supreme Court
2 months ago

Mere Breach Of S.52A NDPS Act Not Fatal To Trial If Contraband Recovery Otherwise Proved : Supreme Court

Live Law  

Highlighting that substantive justice outweighs procedural irregularities, the Supreme Court recently upheld the conviction of an individual for possessing contraband, rejecting his plea for acquittal based on alleged non-compliance with Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court observed that mere non-compliance with Section 52A would not be fatal to the prosecution's case when other …

[NDPS Act] Must Follow Procedure For Drawing, Storing, Testing & Disposal Of Samples: Kerala HC Grants Bail For Procedural Lapse By Detecting Officer
1 year ago

[NDPS Act] Must Follow Procedure For Drawing, Storing, Testing & Disposal Of Samples: Kerala HC Grants Bail For Procedural Lapse By Detecting Officer

Live Law  

The Kerala High Court has allowed the bail application of an accused whose crime was registered for allegedly possessing narcotics and psychotropic substances in commercial quantity. In the facts of the case, the police officer searched and seized contraband in from two different zip lock bags from the petitioner and pillion rider, and without drawing a representative sample from both …

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