Section 52A (2) of NDPS Act states that 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. This judgment was delivered by single judge bench comprising Justice Suresh Kumar Kait at Delhi High Court in the matter of Rohit v. Central Bureau of Narcotics [CRL. M.C. 1799 of 2020]. 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 52(A)(2) in terms of Annexure 2 to the said notification.
The petitioner in the present petition alleged that particular information was received mutually by Sh.D.S. Singh Superintendent (Prev.) and Sh. Praveen Dhull, Inspector, Preventive Cell, Central Bureau of Narcotics on 14.01.2020 at 10:00 hrs. that M/s Moksh Meditech is going to convey unlabeled Buprenorphine Injections and diverse sort of Narcotics and Psychotropic Substance who used to sell these medications. The informer focused on that tremendous quantity of illicit drugs containing NDPS and unlabeled Buprenorphine can be recuperated on hunt of primes. The said data was recorded in CBN-1 what’s more, insinuated to Asstt. Narcotics Commissioner, Central Bureau of Narcotics, Gwalior. In like manner, Sh. Praveen Dhull, Inspector was coordinated by the said D.S. Singh, Superintendent (Prev.) to establish a preventive gathering and make an important move right away.
On reaching at Sanjay Gandhi Transport Nagar, Sh. Praveen called two public people who were going through and presented himself and other colleagues had notified them about the mystery data received with respect to unlawful purchase and sale of NDPS medicines by a shop specifically M/s Moksh Meditech and mentioned them to be available as autonomous observer during the hunt and other lawful procedures. The two of them gave oral assent and from that point, the Preventive Team alongside the free observers came to at M/s Moksh Meditech, Cellar. The owner of the equivalent specifically Rohit (applicant in this) was discovered present. Praveen, Inspector educated the candidate about the data got by the office and educated that the hunt is to be made appropriately. Moreover, educated the candidate that he has the privilege under area 50 of NDPS, that he might be looked before the Competent Gazette Official or Magistrate closest accessible. Prior to the pursuit procedures, the above colleagues offered their own search to the candidate within the sight of autonomous observers
The Hon’ble High Court while deciding upon this matter stated that as per the prosecution case, Insp. Praveen Dhull prepared a list of recovered articles, documents, Panchnama, etc. but not by Insp. Manoj Narawal, thus, the said Manoj Narawal is neither officer incharge of the police station nor empowered under section 53A of NDPS Act who can dispose of the drugs or nor move an application before the Magistrate for disposal of drugs as defined under sub-section 2 of section 52A of NDPS Act. Moreover, the said application was moved contrary to the notification dated 10.05.2007 and 16.01.2015 of Ministry of Finance (Department of Revenue), Government of India. In view of above facts, provisions of Act and notification, I am of the considered opinion that orders passed by learned Magistrate and learned ASJ/Special Judge, NDPS, New Delhi are bad in law, thus, deserves to be set aside. Accordingly, directed no sooner the seizure of any Narcotic Drugs and Psychotropic and controlled Substances and Conveyances is affected, 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 approach the Magistrate with an application under Section 52A(ii) of the Act, which shall be allowed by the Magistrate as soon as may be required under Sub- Section 3 of Section 52A. The petition is accordingly, allowed and disposed of. Pending application also stands disposed of. Accordingly, order dated 09.07.2020 passed by learned Magistrate and order dated 02.09.2020 passed by learned ASJ are hereby set aside.