Madhya Pradesh High Court
Chetan vs The State Of Madhya Pradesh on 27 July, 2026
1 NEUTRAL CITATION NO. 2026:MPHC-IND:20378
Cr.A NO. 12940/2024
IN THE HIGH COURT OF MADHYA
PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE JAI KUMAR PILLAI
CRIMINAL APPEAL No. 12940 of 2024
CHETAN
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Palash Chodhary -Advocate for appellant.
Shri Aditya Garg - GA for the respondent/State.
Reserved on : 23.07.2026
Post on : 27.07.2026
______________________________________________________
ORDER
1. Heard on I.A. No.8149/2026, which is the 3rd repeat
application under Section 430 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 filed on behalf of the appellant seeking suspension of
Signature Not Verified
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NAIR
Signing time: 7/27/2026
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jail sentence and grant of bail during pendency of the criminal
appeal.
2. The present criminal appeal is directed against the judgment
of conviction and order of sentence dated 11.11.2024 passed by the
Additional Special Judge (NDPS Act), Mandsaur, District
Mandsaur (M.P.) in Sessions Trial No. SCNDPS 32/2017, whereby
the appellant has been convicted under Sections 8(c)/15(c) of the
NDPS Act and sentenced to undergo 10 years of Rigorous
Imprisonment along with a fine of Rs.1,00,000/-, and in default of
payment of fine, to suffer additional Rigorous Imprisonment of 3
years.
3. The prosecution story, in brief, is that on 27.05.2017, Sub-
Inspector B.S. Bamaniya of Police Station Narayangarh received an
informant’s tip regarding the transportation of illegal poppy straw
(dodachura) in a white Bolero pickup (MP 44 GA 1141). Following
the information and compliance with Section 42 of the NDPS Act, a
blockade was set up at Mandsaur Road Dhabla Chowpati.
4. The vehicle was stopped, and the occupants identified
themselves as Chetan Sharma and Pawan Malviya. Upon search,
275 kg of illegal poppy straw (dodachura) was recovered in 14
plastic bags hidden under a quilt mattress. Subsequently, Crime No.
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145/2017 was registered under Sections 8/15 of the NDPS Act.
Upon investigation, it was found that the vehicle belonged to
Hariom (father of Chetan Sharma), leading to the addition of
Section 25 of the NDPS Act, and a charge sheet was ultimately
filed.
5. Learned counsel for the appellant submits that there is no
evidence to show that the appellant had been involved in the
smuggling of contraband. The prosecution case is suspicious as no
independent witness was taken from the spot, and the case is solely
based on the testimony of interested witnesses.
6. Learned counsel for the appellant further submits that the
seizure witnesses, along with the memo statement of witnesses
Prakash (PW/10) and Prahlad (PW/11) (Ex.P/7 to Ex.P/23), turned
hostile and stated that police had taken their signatures on blank
papers. It is urged that Sections 50 and 42(2) of the NDPS Act,
which are mandatory in nature, along with Sections 52-A, 55, and
57, have been flouted with impunity.
7. Learned counsel for the appellant also submits that the
appellant has suffered substantial custody, having been in jail from
30.05.2017 to 02.07.2018, 08.09.2023 to 10.11.2024, and from the
date of judgment on 11.11.2024 till date. It is argued that the appeal
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is based on strong grounds, the circumstances have been properly
explained through cross-examination, and if the sentence is not
suspended, the very purpose of filing this appeal will be defeated.
8. Learned Public Prosecutor opposed the application and
submitted that the appellant is not entitled to the suspension of
sentence.
9. Having heard learned counsel for the parties and on perusal
of the record, this Court is of the considered opinion that the
contraband recovered in the present case falls within the category of
commercial quantity. The appellant’s primary submission revolves
around the non-compliance of the procedures for seizure and
sampling, specifically under Section 52-A of the NDPS Act.
Without expressing any opinion on the merits of the case, this Court
finds it necessary to address the procedural framework.
10. Looking to the number of cases under the NDPS Act where
the procedure of seizure, sampling, and disposal of contraband is
not followed, this Court is inclined to quote the comprehensive
procedure as enumerated in the Narcotic Drugs and Psychotropic
Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022
which reads as under-
CHAPTER II
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NAIR
Signing time: 7/27/2026
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SEIZURE AND STORAGE OF SEIZED MATERIAL
3. Classification of seized material.–(1) The narcotic drugs,
psychotropic substances and controlled substances seized under
the Act shall be classified based on physical properties and results
of the drug detection kit, if any, and shall be weighed separately.
(2) If the narcotic drugs, psychotropic substances and
controlled substances are found in packages or containers, such
packages and containers shall be weighed separately and serially
numbered for the purpose of identification.
(3) All narcotic drugs, psychotropic substances and controlled
substances found in loose form shall be packed in tamper proof
bag or in container, which shall be serially numbered and weighed
and the particular of drugs and the date of seizure shall also be
mentioned on such bag or container:
Provided that bulk quantities of ganja, poppy straw may be
packed in gunny bags and sealed in such way that it cannot be
tempered with:
Provided further that seized concealing material such as trolley
bags, backpack and other seized articles shall be sealed separately.
(4) The classification, weighing, packaging and numbering
referred to in this sub-rule shall be done in the presence of search
witnesses (Panchas) and the person from whose possession the
drugs and substances was recovered and a mention to this effect
shall invariably be made in the panchnama drawn on the spot of
seizure.
(5) The detailed inventory of the packages, containers,
conveyances and other seized articles shall be prepared and
attached to the panchnama.
4. Designation of godowns.–(1) The godowns for storage of
narcotic drugs, psychotropic substances, controlled substances,
conveyance and other articles seized under the Act shall be
designated by,–
(a) the department and agencies of the Central Government whose
officers have been delegated powers of an officer-in-charge of a
police station under Section 53 of the Act;
(b) The State Police and the department and agencies of the State
Government whose officers have been delegated powers of an
officer-in-charge of a police station under Section 53 of the Act.
(2) Godowns referred to in sub-rule (1) shall be identified
taking into consideration the security aspect and juxtaposition to
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court of law and such godowns shall be placed under the over-all
supervision and charge of an officer of Gazette rank of the
department and agencies referred to in sub-rule (1).
5. Deposit in godowns.–(1) All seized materials referred to
in sub-rule (1) of Rule 3, after seizure under the Act shall be
deposited by the seizing officer in the nearest godown designated
under Rule 4 within forty-eight hours from the time of seizure
alongwith a forwarding memorandum in Form-1:
Provided that the said time period may be relaxed by further
twenty-four hours after providing of reasonable justification by the
officer to whom the seized material has been forwarded under sub-
section (3) of Section 52 of the Act.
(2) The officer in-charge of a godown, before giving an
acknowledgement of receipt in Form-2, shall satisfy himself that
the seized materials are properly packed, sealed and in conformity
with the details mentioned in Form-1.
(3) The officer, who had seized the material, shall hand over
the acknowledgement of receipt of seized material in Form-2,
alongwith all other documents relating to the seizure, to the
Investigating Officer for further proceedings.
6. Storage of seized material in godown.–(1) After receipt
of the seized material, the officer in-charge of the godown shall
ensure that the seized material is properly arranged, case-wise, for
quick retrieval.
(2) The officer in-charge of a godown shall maintain a register
of material received in the godown in Form-3.
(3) All seized material, excluding the conveyances, shall be
stored in safes and vaults with double lock.
7. Inspection of godown.–(1) The department and agencies
referred to in Rule 4 and the State Police shall designate an
Inspecting Officer for each godown, who shall be higher in rank to
that of the officer in-charge of the godown.
(2) The Inspecting Officer referred to in sub-rule (1) shall
make periodical inspection of the godown, at least once in every
quarter, and shall record his remarks in the godown register in
Form-3 with respect to security, safety and early disposal of the
seized material.
(3) The departments and agencies, referred to in Rule 4 and the
State Police shall maintain periodical reports and returns to
monitor the safe receipt, deposit, storage, accounting and disposal
Signature Not Verified
Signed by: HARIKUMAR
NAIR
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of seized materials under the Act.
CHAPTER III
SAMPLING
8. Application to Magistrate.–After the seized material
under the Act is forwarded to the officer-in-charge of the nearest
police station or to the officer empowered under Section 53 of the
Act or if it is seized by such an officer himself, he shall prepare an
inventory of such material in Form-4 and apply to the Magistrate,
at the earliest, under sub-section (2) of Section 52-A of the Act in
Form-5.
9. Samples to be drawn in the presence of Magistrate.–
After application to the Magistrate under sub-section (2) of Section
52-A of the Act is made, the Investigating Officer shall ensure that
samples of the seized material are drawn in the presence of the
Magistrate and the same is certified by the magistrate in
accordance with the provisions of the said-sub-section.
10. Drawing the samples.–(1) One sample, in duplicate,
shall be drawn from each package and container seized.
(2) When the packages and containers seized together are of
identical size and weight bearing identical marking and the
contents of each package give identical results on colour test by
the drugs identification kit, conclusively indicating that the
packages are identical in all respects, the packages and containers
may carefully be bunched in lots of not more than ten packages or
containers, and for each such lot of packages and containers, one
sample, in duplicate, shall be drawn:
Provided that in the case of ganja, poppy straw and hashish
(charas) it may be bunched in lots of not more than forty packages
or containers.
(3) In case of drawing sample from a particular lot, it shall be
ensured that representative sample in equal quantity is taken from
each package or container of that lot and mixed together to make a
composite whole from which the samples are drawn for that lot.
11. Quantity to be drawn for sampling.–(1) Except in cases
of opium, ganja and charas (hashish), where a quantity of not less
than twenty-four grams shall be drawn for each sample, in all other
cases not less than five grams shall be drawn for each sample and
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the same quantity shall be taken for the duplicate sample.
(2) The seized substances in the packages or containers shall
be well mixed to make it homogeneous and representative before
the sample, in duplicate, is drawn.
(3) In case where seized quantities is less than that required for
sampling, the whole of the seized quantity may be sent.
12. Storage of samples.–(1) Each sample shall be kept in
heat-sealed plastic bags or heat-resistant glass bottle or apparatus,
which shall be kept in a paper envelope, sealed properly and
marked as original or duplicate, as the case may be.
(2) The paper envelope shall also bear the respective serial
number of the package or container from which the sample had
been drawn.
(3) The envelope containing the duplicate sample shall also
have reference of the test memo and shall be kept in another
envelope, sealed and marked ‗Secret-drug sample/Test memo’, to
be sent to the designated laboratory for chemical analysis.
13. Despatch of sample for testing.–(1) The samples after
being certified by the Magistrate shall be sent directly to any one
of the jurisdictional laboratories of Central Revenue Control
Laboratory, Central Forensic Science Laboratory or State Forensic
Science Laboratory, as the case may be, for chemical analysis
without any delay.
(2) The samples of seized drugs or substances shall be
despatched to the jurisdictional laboratories under the cover of the
Test Memo, which shall be prepared in triplicate, in Form-6.
(3) The original and duplicate of the Test Memo shall be sent
to the jurisdictional laboratory alongwith the samples and the
triplicate shall be retained in the case file of the seizing officer.
14. Expeditious Test.–The chemical laboratory shall submit
its report to the court of Magistrate with a copy to the investigating
officer within fifteen days from the date of receipt of the sample.
Provided that where quantitative analysis requires longer time,
the results of the qualitative test shall be dispatched to the court of
Magistrate with a copy to investigating officer within the said time
limit on the original copy of the Test Memo and in the next fifteen
days the result of quantitative test shall also be indicated on the
duplicate Test Memo and sent to the court of Magistrate with a
copy to the investigating officer.
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 7/27/2026
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15. Duplicate Sample and Remnants of Samples.–(1)
Remnants of samples shall be returned with reference to the Test
Memo to the office from which they were received within three
months after the analysis by the laboratory.
(2) Immediately after the acceptance of the test report by the
court of Magistrate, the duplicate sample held by the Inquiry
Officer shall be deposited in the godown referred to in Rule 5
along with the remnants of the sample.
CHAPTER IV
DISPOSAL
16. Items that can be disposed of.–Having regard to the
hazardous nature, vulnerability to theft, substitution and
constraints of proper storage space, all narcotic drugs,
psychotropic substances, controlled substances and conveyances,
as soon as may be after their seizure, shall be disposed of in the
manner determined under Section 52-A of the Act.
17. Officers who shall initiate action for disposal.–Any
officer in-charge of a police station or any officer empowered
under Section 53 of the Act shall initiate action for disposal of
narcotic drugs, psychotropic substances, controlled substances or
conveyances under Section 52-A of the Act after the receipt of
chemical analysis report.
18. Application to Magistrate.–(1) The officer empowered
under Section 53 of the Act or if the materials are seized by such
an officer himself, he shall apply to the Magistrate under sub-
section (2) of Section 52-A of the Act in Form-5 at the earliest to
allow the application under sub-section (3) of Section 52-A of the
Act.
(2) After the Magistrate allows the application under sub-
section (3) of Section 52-A of the Act, the officer referred to in
sub-rule (1) shall preserve the certified inventory, photographs and
samples drawn in the presence of the Magistrate as primary
evidence for the case and submit details of the seized materials to
the Chairman of the Drug Disposal Committee for a decision by
the Committee on the disposal, and the said officer shall also send
a copy of the details along with the seized materials to the officer-
in-charge of the godown.
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 7/27/2026
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19. Drug Disposal Committee.–The Head of the Department
of each Central drug law enforcement agency and State drug law
enforcement agency shall constitute one or more Drug Disposal
Committees comprising of three Members each which shall be
headed by an officer not below the rank of the Superintendent of
Police or Joint Commissioner of Customs and Central Goods and
Services Tax, Joint Director of Directorate of Revenue Intelligence
or officers of equivalent rank and every such Committee shall be
directly responsible to the Head of the Department.
20. Functions of the Drug Disposal Committee.–The
functions of the Drug Disposal Committee shall be to,–
(a) meet as frequently as possible and necessary;
(b) conduct a detailed review of seized items pending disposal;
(c) order disposal of seized items, and
(d) advise the respective investigation officers or supervisory officers
on the steps to be initiated for expeditious disposal.
21. Procedure to be followed by the Drug Disposal
Committee with regard to disposal of seized materials.–(1)
The officer-in-charge of the godown shall prepare a list of all the
seized materials that have been certified under Section 52-A of the
Act and submit it to the Chairman of the concerned Drug Disposal
Committee.
(2) After examining the list referred to in sub-rule (1) and
satisfying that the requirements of Section 52-A of the Act have
been fully complied with, the Members of the concerned Drug
Disposal Committee shall endorse necessary certificates to this
effect and thereafter that Committee shall physically examine and
verify the weight and other details of each of the seized materials
with reference to the seizure report, report of chemical analysis
and any other documents, and record its findings in each case.
(3) In case of conveyance, the committee shall verify the
engine number, chassis number and other details mentioned in
panchnama and certify the inventory thereof.
22. Power of Drug Disposal Committee for disposal of
seized material.–The Drug Disposal Committee can order
disposal of seized materials up to the quantity or value indicated in
the following Table, namely:–
TABLE
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NAIR
Signing time: 7/27/2026
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Sl. Name Quantity per
No. of consignment
item
(1) (2) (3)
1. Heroin 5 Kilogram
2. Hashish 100 Kilogram
(Charas)
3. Hashish oil 20 Kilogram
4. Ganja 1000 Kilogram
5. Cocaine 2 Kilogram
6. Mandrax 3000 Kilogram
7. Poppy straw Up to 10 Metric
Tonne.
8. Other narcotic Upto a quantity of
drugs, 500 Kilogram or 500
psychotropic Litre
substances, or
controlled
substances
9. Conveyances Upto a value of Rs. 50
Lakhs:
Provided that if the consignments are larger in quantity or of
higher value than those indicated in the Table, the Drug Disposal
Committee shall send its recommendations to the Head of the
Department who shall order their disposal by a high-level Drug
Disposal Committee specially constituted in this regard.
23. Mode of disposal.–(1) Opium, morphine, codeine and
thebaine shall be disposed of by transferring to the Government
Opium and Alkaloid Works under the Chief Controller of
Factories.
(2) In case of narcotic drugs and psychotropic substances other
than those mentioned in sub-rule (1), the Chief Controller of
Factories shall be intimated by the fastest means of communication
available, the details of the seized materials that are ready for
disposal.
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NAIR
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(3) The Chief Controller of Factories shall indicate within
fifteen days of the date of receipt of the communication under sub-
rule (2), the quantities of narcotic drugs and psychotropic
substances, if any, that are required by him to supply as samples
under Rule 67-B of the Narcotic Drugs and Psychotropic
Substances Rules, 1985.
(4) The quantities of narcotic drugs and psychotropic
substances, if any, as required by the Chief Controller of Factories
under sub-rule (3) shall be transferred to him and the remaining
quantities of narcotic drugs and psychotropic substances shall be
disposed of in accordance with the provisions of sub-rules (5), (6)
and (7).
(5) Narcotic drugs, psychotropic substances and controlled
substances having legitimate medical or industrial use, and
conveyances shall be disposed of in the following manner:
(a) narcotic drugs, psychotropic substances and controlled substances
which are in the form of formulations and labelled in accordance
with the provisions of the Drugs and Cosmetics Act, 1940 (23 of
1940) and rules made thereunder may be sold, by way of tender or
auction or in such other manner as may be determined by the Drug
Disposal Committee, after confirming the composition and
formulation from the licensed manufacturer mentioned in the label,
to a person fulfilling the requirements of the said Act and the rules
and orders made thereunder:
Provided that a minimum of 60% of the shelf life of the seized
formulation remains at the time of such sale;
(b) narcotic drugs, psychotropic substance and controlled substances
seized in the form of formulations and without proper labelling
shall be destroyed;
(c) narcotic drugs, psychotropic substances and controlled substances
seized in bulk form may be sold by way of tender or auction or in
such other manner as may be determined by the Drug Disposal
Committee, to a person fulfilling the requirements of the Drugs
and Cosmetics Act, 1940 (23 of 1940) and the Act, and the rules
and orders made thereunder, after confirming the standards and
fitness of the seized substances for medical purposes from the
appropriate authority under the said Drugs and Cosmetics Act,
1940 and the rules made thereunder;
(d) controlled substances having legitimate industrial use may be sold,
by way of tender or auction or in such other manner as may be
determined by the Drug Disposal Committee, to a person fulfilling
the requirements of the Act and the rules and orders madeSignature Not Verified
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NAIR
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thereunder;
(e) seized conveyances shall be sold by way of tender or auction as
may be determined by the Drug Disposal Committee.
(6) Narcotic drugs, psychotropic substances and controlled
substances which have no legitimate medical or industrial use or
such quantity of seized substance which is not found fit for such
use or could not be sold shall be destroyed.
(7) The destruction referred to in clause (b) of sub-rule (5) and
sub-rule (6) shall be by incineration in incinerators fitted with
appropriate air pollution control devices, which comply with
emission standards and such incineration may only be done in
places approved by the State Pollution Control Board or where
adequate facilities and security arrangements exist and in the latter
case, in order to ensure that such incineration may not be a health
hazard or polluting, the consent of the State Pollution Control
Board or Pollution Control Committee, as the case may be, shall
be obtained, and the destruction shall be carried out in the presence
of the Members of the Drug Disposal Committee.
24. Intimation to Head of Department on destruction.–
The Drug Disposal Committee shall intimate the Head of the
Department regarding the destruction referred in sub-rule (7) of
Rule 23, at least fifteen days in advance so that, in case he deems
fit, he may either himself conduct surprise checks or depute an
officer for conducting such surprise checks and after every
destruction operation, the Drug Disposal Committee shall submit
to the Head of the Department a report giving details of
destruction.
25. Certificate of destruction.–(1) A certificate of
destruction in Form-7 shall be prepared in triplicate and signed by
the Chairman and Members of the Drug Disposal Committee.
(2) The original copy of the certificate of destruction shall be
pasted in the godown register after making necessary entries to this
effect, the duplicate to be retained in the seizure case file and the
triplicate copy shall be kept by the Drug Disposal Committee.
26. Receipt by Government Opium and Alkaloid Works.–
(1) As and when seized narcotic drug, psychotropic substance, or
controlled substance is transferred to the Government Opium and
Alkaloid Works, it shall issue a certificate in Form-8,
acknowledging the receipt of such transfer, which shall be signed
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by an authority as may be decided by the Chief Controller of
Factories.
(2) The Government Opium and Alkaloid Works shall
maintain a register in Form-9 containing details of seized narcotic
drug, psychotropic substance, and controlled substance transferred
to it, which shall be signed by an authority as may be decided by
the Chief Controller of Factories and which shall be preserved for
a period of twenty-five years from the date of last entry.
27. Certificate of Disposal.–(1) As and when the seized
narcotic drug, psychotropic substance, controlled substance or
conveyance is transferred to the Government Opium and Alkaloid
Works or sold by way of tender or auction or in any other manner
determined by the Drug Disposal Committee, a certificate of
disposal in Form-10 shall be prepared in triplicate and signed by
the Chairman and Members of the Drug Disposal Committee.
(2) The original copy of the certificate of disposal shall be
pasted in the godown register after making necessary entries to this
effect, the duplicate copy shall be retained in the seizure case file
and the triplicate copy shall be kept by the Drug Disposal
Committee.
28. Communication to Narcotics Control Bureau.–(1) The
Head of the Department of each Central drug law enforcement
agency and State drug law enforcement agency shall submit a
quarterly report in Form-11 to the Narcotics Control Bureau giving
details of action taken for disposal of narcotic drugs, psychotropic
substances, controlled substances and conveyances under Section
52-A of the Act.
(2) The return for a quarter shall be submitted before the last
day of the month following that quarter.
Explanation.–For the removal of doubts, it is hereby clarified
that for the purpose of sub-rule (2) the expression ―quarter‖ shall
be January to March, April to June, July to September and October
to December of every year.
11. Regarding the appellant’s contention of non-compliance with
Section 52-A of the NDPS Act, the Hon’ble Supreme Court in the
case of Bharat Aambale vs. The State of Chhattisgarh 2025
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INSC 78 has laid down clear guidelines. The Hon’ble Supreme
Court summarized its final conclusion as under:
“50.We summarize our final conclusion as under: –
(I) Although Section 52A is primarily for the disposal
and destruction of seized contraband in a safe manner
yet it extends beyond the immediate context of drug
disposal, as it serves a broader purpose of also
introducing procedural safeguards in the treatment of
narcotics substance after seizure inasmuch as it
provides for the preparation of inventories, taking of
photographs of the seized substances and drawing
samples therefrom in the presence and with the
certification of a magistrate. Mere drawing of samples
in presence of a gazetted officer would not constitute
sufficient compliance of the mandate under Section
52A sub-section (2) of the NDPS Act.
(II) Although, there is no mandate that the drawing of
samples from the seized substance must take place at
the time of seizure as held in Mohanlal (supra), yet we
are of the opinion that the process of inventorying,
photographing and drawing samples of the seized
substance shall as far as possible, take place in the
presence of the accused, though the same may not be
done at the very spot of seizure.
(III) Any inventory, photographs or samples of seized
substance prepared in substantial compliance of the
procedure prescribed under Section 52A of the NDPS
Act and the Rules / Standing Order(s) thereunder
would have to be mandatorily treated as primary
evidence as per Section 52A subsection (4) of theSignature Not Verified
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NDPS Act, irrespective of whether the substance in
original is actually produced before the court or not.
(IV) The procedure prescribed by the Standing
Order(s) / Rules in terms of Section 52A of the NDPS
Act is only intended to guide the officers and to see
that a fair procedure is adopted by the officer in-
charge of the investigation, and as such what is
required is substantial compliance of the procedure
laid therein.
(V) Mere non-compliance of the procedure under
Section 52A or the Standing Order(s) / Rules
thereunder will not be fatal to the trial unless there are
discrepancies in the physical evidence rendering the
prosecution’s case doubtful, which may not have been
there had such compliance been done. Courts should
take a holistic and cumulative view of the
discrepancies that may exist in the evidence adduced
by the prosecution and appreciate the same more
carefully keeping in mind the procedural lapses.
(VI) If the other material on record adduced by the
prosecution, oral or documentary inspires confidence
and satisfies the court as regards the recovery as-well
as conscious possession of the contraband from the
accused persons, then even in such cases, the courts
can without hesitation proceed to hold the accused
guilty notwithstanding any procedural defect in terms
of Section 52A of the NDPS Act.
(VII) Non-compliance or delayed compliance of the
said provision or rules thereunder may lead the court
to drawing an adverse inference against the
prosecution, however no hard and fast rule can be laid
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 7/27/2026
5:17:10 PM
17 NEUTRAL CITATION NO. 2026:MPHC-IND:20378
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down as to when such inference may be drawn, and it
would all depend on the peculiar facts and
circumstances of each case.
(VIII) Where there has been lapse on the part of the
police in either following the procedure laid down in
Section 52A of the NDPS Act or the prosecution in
proving the same, it will not be appropriate for the
court to resort to the statutory presumption of
commission of an offence from the possession of illicit
material under Section 54 of the NDPS Act, unless the
court is otherwise satisfied as regards the seizure or
recovery of such material from the accused persons
from the other material on record.
(IX) The initial burden will lie on the accused to first
lay the foundational facts to show that there was non-
compliance of Section 52A, either by leading evidence
of its own or by relying upon the evidence of the
prosecution, and the standard required would only be
preponderance of probabilities.
(X) Once the foundational facts laid indicate non-
compliance of Section 52A of the NDPS Act, the onus
would thereafter be on the prosecution to prove by
cogent evidence that either (i) there was substantial
compliance with the mandate of Section 52A of the
NDPS Act OR (ii) satisfy the court that such non-
compliance does not affect its case against the
accused, and the standard of proof required would be
beyond a reasonable doubt.”
12. Thus, as specified in the aforementioned judicial
pronouncement, the non-compliance of Section 52-A of the NDPS
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Signed by: HARIKUMAR
NAIR
Signing time: 7/27/2026
5:17:10 PM
18 NEUTRAL CITATION NO. 2026:MPHC-IND:20378
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Act is merely an irregularity and not an illegality that vitiates the
entire proceedings at this stage. Looking to the nature of
allegations, evidence available on record, the commercial quantity
of the contraband involved, and other attending circumstances, this
Court is not inclined to suspend the sentence.
13. Furthermore, the State Government through Department of
Home is directed to circulate the procedure provided in the Narcotic
Drugs and Psychotropic Substances (Seizure, Storage, Sampling
and Disposal) Rules, 2022 to all police stations in every district
within the State and for its strict compliance by the Investigating
Officers in all NDPS cases within 30 days from the date of the
order.
14. The Principal Secretary of the Department of Home at
Vallabh Bhawan, Bhopal, is required to circulate the specified rules.
Following this circulation, the Principal Secretary shall file an
affidavit within a further period of 45 days to confirm that the State
has fully complied with the aforementioned directions.
15. Furthermore, every Executive Magistrate is directed to
expeditiously forward the samples of the seized contraband to the
Forensic Science Laboratory (FSL) for testing. Consequently, the
resultant FSL report must be transmitted to the concerned trial
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Signed by: HARIKUMAR
NAIR
Signing time: 7/27/2026
5:17:10 PM
19 NEUTRAL CITATION NO. 2026:MPHC-IND:20378
Cr.A NO. 12940/2024
Court within 30 days. The trial court is directed to pass appropriate
orders regarding the disposal of the contraband only after carefully
examining the said FSL report. Accordingly, I.A. No. 8149/2026
stands dismissed.
(Jai Kumar Pillai)
Judge
hk/
Signature Not Verified
Signed by: HARIKUMAR
NAIR
Signing time: 7/27/2026
5:17:10 PM
