STUDY CIRCLE

Under the able guidance of Sh. R.C. Dimri, Learned District & Sessions
Judge, Yamuna Nagar at Jagadhri

On The Topic

Law Relating to Arrest, Search, Seizure & Sampling under NDPS Act, 1985
r/w NDPS (Seizure, Storage, Sampling & Disposal) Rules, 2022

Submitted by:-

Sh. Danish Gupta Rishabh Aggarwal

Additional District & Judicial Magistrate First
Sessions Judge, Yamuna Nagar Class-Cum-Civil Judge
at Jagadhri. (Jr. Division),YamunaNagar
at Jagadhri

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 1. INTRODUCTION

Crimes are generally of two kinds:

(a) Traditional crimes affecting individual persons, like murder, theft, assault,

etc.;
(b) White Collar Crimes or Socio-Economic Crimes affecting the public at

large like smuggling, hoardings, adulteration, illicit trafficking and sale of

narcotic drugs and psychotropic substances etc. White collar crimes are of
recent origin and may be defined as all illegal acts committed by unlawful
means- the purpose being to obtain money or property or business or personal
gain or profit. Such crimes are committed by the organized gangs having
influence.

Genesis and Development of Drug Trafficking in India

 The genesis and development of the Indian drug trafficking scenario are
closely connected with the strategic and geographical location of India
which has massive inflow of heroin and hashish from across the Indo-Pak
border originating from ‘Golden Crescent’ comprising of Iran, Afghanistan
and Pakistan which is one of the major illicit drug supplying areas of the
world. Nepal also is a traditional source of cannabis, both herbal and
resinous.
 India is a signatory to the UN Single Convention on Narcotics Drugs
1961, the Convention on Psychotropic Substances, 1971 and the
Convention on Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, 1988 which prescribe various forms of control aimed to
achieve the dual objective of limiting the use of narcotic drugs and
psychotropic substances for medical and scientific purposes as well as
preventing the abuse of the same.
 Prior to the enactment of the Narcotic Drugs and Psychotropic
Substances Act, 1985, the statutory control over narcotic drugs was
exercised in India through a number of Central and State enactments. The
principal Central Acts were—
The Opium Act, 1857,
The Opium Act, 1878 and
The Dangerous Drugs Act, 1930.

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 2. AIM AND OBJECT OF THE ACT

The Preamble to NDPS states that it is,

“An Act to consolidate and amend the law relating to narcotic drugs, to
make stringent provisions for the control and regulation of operations relating
to narcotic drugs and psychotropic substances [to provide for the forfeiture
of property derived from, or used in, illicit traffic in narcotic drugs and
psychotropic substances, to implement the provisions of the International
Convention on Narcotic Drugs and Psychotropic Substances and for matters
connected therewith.”

The Hon’ble Supreme Court in State of Rajasthan v. Udai Lal (2008) 11 SCC
408 held that,

“In order to consolidate and amend the law relating to narcotic

drugs, to make stringent provisions for the control and regulation of
operations relating to narcotic drugs and psychotropic substances, to provide
for the forfeiture of property derived from, or used in, illicit traffic in narcotic
drugs and psychotropic substances, to implement the provisions of the
International Convention on Narcotic Drugs and Psychotropic Substances,
the Parliament enacted NDPS Act in the year 1985. This is a special Act and
it has been enacted with a view to make stringent provisions for the control
and regulation of operations relating to the narcotic drugs and psychotropic
substances.”

3. PROVISIONS RELATED TO SEARCH, SEIZURE AND ARREST

UNDER THE NDPS ACT (SECTION 42, 43 AND 50)

42. Power of entry, search, seizure and arrest without warrant or

authorisation.—

(1) Any such officer (being an officer superior in rank to a peon, sepoy or
constable) of the departments of central excise, narcotics, customs, revenue
intelligence or any other department of the Central Government including para-
military forces or armed forces as is empowered in this behalf by general or
special order by the Central Government, or any such officer (being an officer
superior in rank to a peon, sepoy or constable) of the revenue, drugs control,
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excise, police or any other department of a State Government as is empowered in
this behalf by general or special order of the State Government, if he has reason
to believe from personal knowledge or information given by any person and
taken down in writing that any narcotic drug, or psychotropic substance, or
controlled substance in respect of which an offence punishable under this Act
has been committed or any document or other article which may furnish
evidence of the commission of such offence or any illegally acquired property or
any document or other article which may furnish evidence of holding any
illegally acquired property which is liable for seizure or freezing or forfeiture
under Chapter VA of this Act is kept or concealed in any building, conveyance
or enclosed place, may between sunrise and sunset,—

(a) enter into and search any such building, conveyance or place;

(b) in case of resistance, break open any door and remove any obstacle to
such entry;

(c) seize such drug or substance and all materials used in the manufacture
thereof and any other article and any animal or conveyance which he has
reason to believe to be liable to confiscation under this Act and any
document or other article which he has reason to believe may furnish
evidence of the commission of any offence punishable under this Act or
furnish evidence of holding any illegally acquired property which is liable
for seizure or freezing or forfeiture under Chapter VA of this Act; and

(d) detain and search, and, if he thinks proper, arrest any person whom he
has reason to believe to have committed any offence punishable under this
Act:

Provided that in respect of holder of a licence for manufacture of manufactured

drugs or psychotropic substances or controlled substances granted under this Act
or any rule or order made thereunder, such power shall be exercised by an officer
not below the rank of sub-inspector:

Provided further that if such officer has reason to believe that a search warrant
or authorisation cannot be obtained without affording opportunity for the
concealment of evidence or facility for the escape of an offender, he may enter
and search such building, conveyance or enclosed place at any time between
sunset and sunrise after recording the grounds of his belief.

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(2) Where an officer takes down any information in writing under sub-section (1)
or records grounds for his belief under the proviso thereto, he shall within
seventy-two hours send a copy thereof to his immediate official superior.

43. Power of seizure and arrest in public place.—Any officer of any of the
departments mentioned in section 42 may—

(a) seize in any public place or in transit, any narcotic drug or

psychotropic substance or controlled substance in respect of which he has
reason to believe an offence punishable under this Act has been
committed, and, along with such drug or substance, any animal or
conveyance or article liable to confiscation under this Act, any document
or other article which he has reason to believe may furnish evidence of the
commission of an offence punishable under this Act or any document or
other article which may furnish evidence of holding any illegally acquired
property which is liable for seizure or freezing or forfeiture under Chapter
VA of this Act;

(b) detain and search any person whom he has reason to believe to have
committed an offence punishable under this Act, and if such person has
any narcotic drug or psychotropic substance or controlled substance in his
possession and such possession appears to him to be unlawful, arrest him
and any other person in his company.

Explanation.—For the purposes of this section, the expression “public place”

includes any public conveyance, hotel, shop, or other place intended for use by,
or accessible to, the public.

A perusal of the aforesaid provisions would reveal that in case of receipt of

secret information by an officer as regards there being contraband in some
building, conveyance or enclosed place, the same is required to be taken down in
writing by such officer and is to be sent to an officer immediately superior to
such officer receiving information, within 72 hours. Still further, in case where
warrant is required for effecting search, as would be required for search after
sunset, of a building, conveyance or an enclosed place but the circumstances do
not afford spending time for obtaining warrant, lest it could hamper chances of

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the accused being caught, the police officer concerned is required to take down
the reasons for such omission to obtain warrants.

A Constitution Bench of Hon'ble Supreme Court in State of Punjab vs. Baldev

Singh 1999(3) RCR (Crl) 533, while comparing provisions of Section 42 with
those of Section 43 of the Act held as under:

“The material difference between the provisions of Section 43

and Section 42 is that whereas Section 42 requires recording of
reasons for belief and for taking down of information received in
writing with regard to the commission of an offence before conducting
search and seizure, Section 43 does not contain any such provision and
as such while acting under Section 43 of the Act, the empowered officer
has the power of seizure of the article etc. and arrest of a person who
is found to be in possession of any Narcotic Drug or Psychotropic
Substances in a public place where such possession appears to him to
be unlawful.”

Further, recently it has been held by the Hon’ble Punjab & Haryana High Court
in the case of Mandeep kaur Versus State of Punjab 2022 LiveLaw (PH) 235
that “Section 42 of NDPS Act is not applicable to search of ‘vehicle in transit’
and thus it is not mandatory to obtain search warrant even if the search is
conducted after sunset.” Thus where a secret information is received by the
police party that certain persons are carrying prohibited contraband while
travelling in a car and are intercepted by way of barricading, then Section 43
would apply.

50. Conditions under which search of persons shall be conducted.—

(1) When any officer duly authorised under section 42 is about to search
any person under the provisions of section 41, section 42 or section 43, he
shall, if such person so requires, take such person without unnecessary
delay to nearest Gazetted Officer of any of the departments mentioned in
section 42 or to the nearest Magistrate.

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 (2) If such requisition is made, the officer may detain the person until he
can bring him before the Gazetted Officer or the Magistrate referred to in
sub-section (1).

(3) The Gazetted Officer or the Magistrate before whom any such person
is brought shall, if he sees no reasonable ground for search, forthwith
discharge the person but otherwise shall direct that search be made.

(4) No female shall be searched by anyone excepting a female.

(5) When an officer duly authorised under section 42 has reason to believe
that it is not possible to take the person to be searched to the nearest
Gazetted Officer or Magistrate without the possibility of the person to be
searched parting with possession of any narcotic drug or psychotropic
substance, or controlled substance or article or document, he may, instead
of taking such person to the nearest Gazetted Officer or Magistrate,
proceed to search the person as provided under section100 of the Code of
Criminal Procedure, 1973 (2 of 1974).

(6) After a search is conducted under sub-section (5), the officer shall
record the reasons for such belief which necessitated such search and
within seventy-two hours send a copy thereof to his immediate official
superior.

In the landmark judgment of Ranjan Kumar Chadha Versus State of Himachal

Pradesh 2023 INSC 878, the Hon’ble Supreme Court summarized the principles
relating to personal search under Section 50 as under:-

(i) Section 50 provides both a right as well as an obligation. The person

about to be searched has the right to have his search conducted in the
presence of a Gazetted Officer or Magistrate if he so desires, and it is
the obligation of the police officer to inform such person of this right
before proceeding to search the person of the suspect.

(ii) Where, the person to be searched declines to exercise this right, the
police officer shall be free to proceed with the search. However, if the
suspect declines to exercise his right of being searched before a
Gazetted Officer or Magistrate, the empowered officer should take it in
writing from the suspect that he would not like to exercise his right of
being searched before a Gazetted Officer or Magistrate and he may be
searched by the empowered officer.

(iii) Before conducting a search, it must be communicated in clear terms

though it need not be in writing and is permissible to convey orally,
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 that the suspect has a right of being searched by a Gazetted Officer or
Magistrate.

(iv) While informing the right, only two options of either being searched in
presence of a Gazetted Officer or Magistrate must be given, who also
must be independent and in no way connected to the raiding party

(v) In case of multiple persons to be searched, each of them has to be

individually communicated of their right, and each must exercise or
waive the same in their own capacity. Any joint or common
communication of this right would be in violation of Section 50.

(vi) Where the right under Section 50 has been exercised, it is the choice of
the police officer to decide whether to take the suspect before a
Gazetted Officer or Magistrate but an endeavour should be made to
take him before the nearest Magistrate.

(vii) Section 50 is applicable only in case of search of person of the suspect

under the provisions of the NDPS Act, and would have no application
where a search was conducted under any other statute in respect of any
offence.

(viii) Where during a search under any statute other than the NDPS Act, a
contraband under the NDPS Act also happens to be recovered, the
provisions relating to the NDPS Act shall forthwith start applying,
although in such a situation Section 50 may not be required to be
complied for the reason that search had already been conducted.

(ix) The burden is on the prosecution to establish that the obligation

imposed by Section 50 was duly complied with before the search was
conducted.

(x) Any incriminating contraband, possession of which is punishable under

the NDPS Act and recovered in violation of Section 50 would be
inadmissible and cannot be relied upon in the trial by the prosecution,
however, it will not vitiate the trial in respect of the same. Any other
article that has been recovered may be relied upon in any other
independent proceedings.

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 (xi) Section 50 applies only to personal searches and does not apply to
searches of bags carried by the person being searched.

4. Important Judgments on Section 42 & Section 50 of the NDPS

Act (Power of entry, search, seizure and arrest)

1. Abdul Rashid Ibrahim Mansuri v. State of Gujarat (2000) 2 SCC 513

Section 50 gives right to the accused to be informed about his right to be

searched before Magistrate or Gazetted Officer. However, in a case where
Gunny bags transported in auto rickshaw searched and charas found hidden
therein, held that the place where gunny bags were found stacked in vehicle not
inextricably connected with person of accused and the question of non-
compliance of Section 50 does not arise. It was further held that when search is
conducted under Section 42 of the Act on basis of information received,
condition precedent is that information must be taken down in writing and
copy thereof must be sent to immediate official superior. Failure to comply with
conditions would render action of searching officer suspect though trial may
not vitiate on that score alone. Non-recording of information would deprive
accused as well as Court of material to ascertain what was the precise
information.

2. In Rajesh Dhiman and Ors. v. State of Himachal Pradesh 2020 (II) OLR
957, it was held that the safeguards for search of a person would not extend to
his bag or other article being carried by them. In the instant case, given the
narcotics have been discovered from a backpack, as per both the prosecution and
defence versions, there arises no need to examine compliance with Section 50 of
NDPS Act.
3. State Of Punjab v. Baljinder Singh & Anr. (2019) 10 SCC 473

The Hon’ble Supreme Court has observed that merely because there was non-
compliance of Section 50 of the Narcotic and Drugs and Psychotropic
Substances Act as far as “personal search” of the accused was concerned, no
benefit can be extended so as to invalidate the effect of recovery from the
search of the vehicle. The mandate of Section 50 of the Act is confined to
personal search and not to search of a vehicle or a container or premises.

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4. The State of Punjab v. Baldev Singh etc. etc. (1999) 6 SCC 172

1. When an empowered officer or a duly authorised officer acting on prior

information is about to search a person, it is imperative for him to inform the
concerned person of his right under Subsection (1) of Section 50 of the NDPS
Act of being taken to the nearest Gazetted Officer or the nearest Magistrate for
making the search. However, such information may not necessarily be in
writing.

2. A search made, by an empowered officer, on prior information, without

informing the person of his right that, if he so requires, he shall be taken
before a Gazetted Officer or a Magistrate for search and in case he so opts,
failure to conduct his search before a Gazetted Officer or a Magistrate, may
not vitiate the trial but would render the recovery of the illicit article suspect
and vitiate the conviction and sentence of an accused, where the conviction
has been recorded only on the basis of the possession of the illicit article,
recovered from his person, during a search conducted in violation of the
provisions of Section 50 of the NDPS Act.

3. Failure to inform the concerned person of his right as emanating from Sub-
section (1) of Section 50 of NDPS Act may render the recovery of the
contraband suspect and the conviction and sentence of an accused bad and
unsustainable in law.

4. An illicit article seized from the person of an accused during search

conducted in violation of the safeguards provided in Section 50 of the Act
cannot be used as evidence of proof of unlawful possession of the contraband
on the accused though any other material recovered during that search may be
relied upon by the prosecution, in other proceedings, against an accused,
notwithstanding the recovery of that material during an illegal search.

5. A presumption under Section 54 of the Act can only be raised after the
prosecution has established that the accused was found to be in possession of
the contraband in a search conducted in accordance with the mandate of
Section 50. An illegal search cannot entitle the prosecution to raise a
presumption under Section 54 of the NDPS Act.

5. NARCOTICS DRUGS AND PSYCHOTROPIC SUBSTANCES ACT

(SEIZURE, STORAGE, SAMPLING AND DISPOSAL) RULES, 2022

In Union of India Vs. Mohan Lal And Others, 2016 (3) SCC 379, the Hon'ble

Supreme Court had passed certain directions regarding the procedure to be

followed after the seizure of the Narcotic Drugs & Psychotropic substances as

well as conveyance and drawing of the samples in the presence of the

Magistrate. In compliance of the above said judgment, the Narcotic Drugs &
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Psychotropic

substances (Seizure, storage, sampling & disposal) Rules, 2022 were published

and enforced on 23.12.2022 and the previous rules/standing orders were

repealed. As many as 29 rules were framed in the new amended Rules of 2022

and they were divided into 5 chapters. However, in the present study circle only

chapters III and IV of the rules pertaining to sampling and disposal of the seized

material have been discussed. Before adverting to the rules, it would be

pertinent to note down Section 52-A NDPS Act:-

52A. Disposal of seized narcotic drugs and psychotropic substances.—

(1) The Central Government may, having regard to the hazardous nature,
vulnerability to theft, substitution, constraint of proper storage space or any other
relevant consideration, in respect of any narcotic drugs, psychotropic substances,
controlled substances or conveyances, by notification in the Official Gazette,
specify such narcotic drugs, psychotropic substances, controlled substances or
conveyance or class of narcotic drugs, class of psychotropic substances, class of
controlled substances or conveyances, which shall, as soon as may be after their
seizure, be disposed of by such officer and in such manner as that Government
may, from time to time, determine after following the procedure hereinafter
specified.

(2) Where any narcotic drugs, psychotropic substances, controlled substances or

conveyances has been seized and forwarded to the officer-in-charge of the
nearest police station or to the officer empowered under section 53, the officer
referred to in sub-section (1) shall prepare an inventory of such narcotic drugs,
psychotropic substances, controlled substances or conveyances containing such
details relating to their description, quality, quantity, mode of packing, marks,
numbers or such other identifying particulars of the narcotic drugs, psychotropic
substances, controlled substances or conveyances or the packing in which they
are packed, country of origin and other particulars as the officer referred to in
sub-section (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

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 (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 application is made under sub-section (2), the Magistrate shall, as
soon as may be, allow the application.

(4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of

1872) or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying an
offence under this Act, shall treat the inventory, the photographs of narcotic
drugs, psychotropic substances, controlled substances or conveyances and any
list of samples drawn under sub-section (2) and certified by the Magistrate, as
primary evidence in respect of such offence.

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 CHAPTER III-SAMPLING

Rule 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 52A of the Act in Form-5.

Rule 9 Samples to be drawn in the presence of Magistrate.- After

application to the Magistrate under sub-section (2) of section 52A 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.

Rule 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 fourty packages or containers.

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(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.

Rule 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 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.

Rule 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.

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Rule 13. Dispatch 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 dispatched 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.

Rule 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.

Rule 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.

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 (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

Rule 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 52A of the Act.

Rule 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 52A of the Act after the

receipt of chemical analysis report.

Rule 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 52A of the Act in Form-5
at the earliest to allow the application under sub-section (3) of section
52A of the Act.
2 After the Magistrate allows the application under sub-section (3) of
section 52A 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.

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Rule19. 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.

Rule 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.

Rule 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 52A 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 52A 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.

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Rule 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
Sl. No. Name of item Quantity per consignment
(1) (2) (3)
1. Heroin 5 Kilogram
2. Hashish (Charas) 100 Kilogram
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 drugs Up to 500 kg
9. Conveyances Up to 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.

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 Rule 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.
(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 67B 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
labeling shall be destroyed;

19
 (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 made
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.

20
Rule 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.

Rule 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.

21
Annexures

ORDER-I

DRAFT ORDER FOR RECOVERY OF BULK OPIUM, GANJACHARAS

(HASHISH) AND POWDER MASS Etc. In parcel/parcels.

Present: APP for the State Sh./Smt.

Accused in custody of ASI/SI/inspector of Police Station
represented by Counsel Sh. Advocate/Legal Aid Advocate.

An application has been moved before the undersigned, being

Illaqa/Duty Magistrate, under Section 52-A (2) of Act read with Rule 8

and 18 in Form-5 alongwith the inventory in Form-4, for certification of

the correctness of Inventory, photography of the seized material produced

and to draw samples of the seized Narcotic Drugs and Psychotropic

Substance/Controlled Substances/Conveyances (as the case may be) and

to get the photography of the proceedings done.

The parcel(s) with case particulars and weight (to mention

the particulars on the parcel(s) and their weight alongwith concealing

material of etc.) as the case may be sealed with the seal impression(s) has

been produced, alongwith the accused, a detailed recovery memo and an

inventory and the case file.

The undersigned has checked the intactness, number and

impression(s) of the seal(s) on the packet(s)/article(s) and has compared it

with the particulars in the inventory. The particulars of the weight

mentioned on the parcel(s) and written in the inventory have also been

checked by getting the parcel(s) weighed in the court. After verifying the

22
correctness of every entry in inventory physically, I have certified the

correctness of the same (inventory).

Note: If the conveyance or vehicle or animal is also produced

in the court, the vehicle description alongwith registration number, engine

number, chassis number and description of the animal, so as to identify

the same is also to be mentioned (the certificate mentioned on page No.4

should be appended on the inventory).

Thereafter, I have ordered the Investigating Officer to break

the seals and open the parcel(s) individually. The contents of each

parcel(s) have been ordered to be made homogeneous by mixing them

separately Thereafter, sample of Gms in duplicate has been ordered to

be taken from each parcel. The samples taken out from bulk/bulks after

they are put in the heat-sealed plastic bag/heat-resistant glass bottle or

apparatus. (whatever is available with the Investigating Officer) have

been put in paper envelopes separately and marked as original and

duplicate. These envelopes have been got sealed from the Investigating

Officer with his seal bearing impression---. The seal of the court bearing

impression---

has also been got affixed on all the above said parcels from the

Investigating Officer. The bulks from which these samples were drawn

have also been sealed with the same seals. The paper envelopes have been

marked with the respective serial number of the package/container from

which the sample has been drawn. The Investigating Officer has been

asked to prepare the test memo in accordance with Form-6 of the Rules in

triplicate. The envelope referred to as duplicate has been assigned the

number of test memo in the form of Form-6 of the case which has been

23
separately prepared. The duplicate sample, which has to be sent to the

chemical examiner has been put in another envelope sealed with seal

impression again. It has also been marked as "Secret-Drug sample/Test

Memo". It be sent to the chemical examiner for chemical analysis and the

remaining samples and bulk be kept in safe custody in godown as per the

rules. Sample seal chit bearing both the seals used has also been got

prepared. Facsimile of seal/seals used in also affixed on Form-6.

All the forms have been attested by the undersigned

including sample seal chit so prepared. Sample packets and bulk/bulks

have also been signed with dated initial. The bulk(s) alongwith samples

original duplicate has been handed over to SHO for the dispatch of the

same the laboratory in accordance with Rule 13 of the rules.

The whole process of the opening of the bulk, taking out the

sealing etc. has also been photographed in which the presence of the

accused and Investigating Officer has been also shown.

The application under sub-section 3 of Section 52A is

allowed. The correctness of the inventory has been certified. The

Investigating Officer has been directed to produce the photographs at the

earliest in order to get them certified.

Signature, name and designation

of the Magistrate

24
 ORDER-II

DRAFT ORDER FOR DRUGS WHICH ARE IN STRIPS AND OF LIQUIDS IN

BOTTLES MANUFACTURED UNDER THE NAMES OF COMPANIES.

Present: APP for the State Sh./Smt.

Accused in custody of ASI/SI/Inspector of Police Station
MA, represented by Advocate/Legal Aid
Advocate. Counsel Sh.

An application has been moved before the undersigned, being

Illaqa/Duty Magistrate, under Section 52-A (2) of Act read with Rule 8

and 18 in Form-5 alongwith the inventory in Form-4, for certification of

the correctness of Inventory, photography of the seized material produced

and to draw samples of the seized Narcotic Drugs and Psychotropic

Substance/Controlled Substances/Conveyances (as the case may be) and

to get the photography of the proceedings done.

Box/Boxes/Carton/cartons with case particulars and number

of bottles and strips (to mention the particulars of the said boxes/cartons

alongwith their contents) besides it being sealed with the seal

impression(s) has been produced, alongwith the accused, a detailed

recovery memo and an inventory and case file.

The undersigned has checked the intactness, number and

impression(s) of the seal(s) and has compared it with the particulars in the

inventory. The particulars of the manufacturing company, lot number,

batch number, date of manufacturing etc. given on the boxes and cartons

and those written in the inventory have been checked. The particulars in

25
the inventory and on the boxes/cartons have been found to be correct. I

have certified the correctness of the inventory.

Note: If the conveyance or vehicle or animal is also produced

in the court, the vehicle description alongwith registration number, engine

number, chasis number and description of the animal, so as to identify the

same is also to be mentioned (the certificate mentioned on page No.4

should be appended on the inventory).

Thereafter, I have ordered the Investigating Officer to break

open the seals and open the boxes/cartons individually. Since the

strips/bottles of syrups are bearing the same batch number lot number and

name of the manufacturer company so grouped into lots of 10 boxes each

on the identical nature (if less of are to be taken into one lot) and out of

each lot one sample in duplicate has been taken out of one strips/one

bottle of syrups each. The bulk boxes and cartons and both the parcel(s)

after putting them in the heat-sealed plastic bag/heat-resistant glass bot

apparatus (whatever is available with the Investigating Officer). T

samples in duplicate have been put in paper envelopes separately an

marked as original and duplicate. These envelopes have been got sealed

from the Investigating Officer with his seal bearing impression

has also

been got affixed on all seal of the court bearing impression the above said

parcels from the Investigating Officer. The bulks from which these

samples were drawn have also been sealed with the same seals. The paper

envelopes have been marked with the respective serial number of the

package/container from which the sample has been drawn. The

Investigating Officer has been asked to prepare the test memo in

26
accordance with Form-6 of the Rules in triplicate. The envelope referred

to as duplicate has been assigned the number of test memo in the form of

Form-6 of the case which has been separately prepared. The duplicate

sample, which has to be sent to the chemical examiner has been put in &

again. It has also another envelope sealed with seal impression. been

marked as "Secret-Drug sample/Test Memo". It be sent to the chemical

examiner for chemical analysis and the remaining samples and bulk be

kept in safe custody in godown as per the rules. Sample seal chit bearing

both the seals used has also been got prepared. Facsimile of seal/seals

used is also affixed on Form-6.

Signature, name and designation

of the Magistrate

27
 ORDER-III

DRAFT ORDER WHEN THE LOOSE CAPSULES/TABLETS ARE

RECOVERED

Present: APP for the State Sh./Smt.

Accused Counsel Date in custody of ASI/SI/Inspector of
Police Station represented by Sh. Advocate/Legal Aid
Advocate.

An application has been moved before the undersigned, being

Illaqa/Duty Magistrate, under Section 52-A (2) of Act read with Rule 8

and 18 in Form-5 alongwith the inventory in Form-4, for certification of

the correctness of Inventory, photography of the seized material produced

and to draw samples of the seized Narcotic Drugs and Psychotropic

Substance/Controlled Substances/Conveyances (as the case may be) and

to get the photography the proceedings done.

Parcel(s) containing loose capsules/tablets with case

particulars and number of capsules/tablets (to mention the particulars of

the said parcel(s) alongwith their contents) besides it being sealed with the

seal impression(s) of has been produced, alongwith the accused, a detailed

recovery memo and an inventory and the case file.

The undersigned has checked the intactness, number and

impression(s) of the seal(s) and has compared it with the particulars in the

inventory. The particulars of the parcel(s) alongwith their contents and

those written in the inventory have been checked and have been found to

be correct in the inventory. I have certified the correctness of the

inventory. Note: If the conveyance or vehicle or animal is also produced

in the court, the vehicle description alongwith registration number, engine

number, chasis number and description of the animal, so as to identify the

same is also to be mentioned (the certificate mentioned on page No.4

should be appended on the inventory).

28
 Thereafter, I have ordered the investigating officer to break

open the seals and open the boxes/cartons individually. Since the loose

capsules recovered are in one packet named as (if they are specified by

name) then such quantity of loose capsules to the effect of 250gms weight

is taken out for each duplicate sample drawn from each packet/packets

and sealed as mentioned. The bulk packet(s) and both the parcel(s) have

been ordered to be put in heat-sealed plastic bag/heat-resistant glass bottle

or apparatus (whatever is available with the Investigating Officer). These

samples in duplicate have been put in paper envelopes separately and

marked as original and duplicate. These envelopes have been got sealed

from the seal of the Investigating Officer with his seal bearing impression.

court bearing impression has also been got affixed on all the above said

parcels from the Investigating Officer. The bulks from which these

samples were drawn have also been sealed with the same seals. The paper

envelopes have been marked with the respective serial number of the

package/container from which the sample has been drawn. The

Investigating Officer has been asked to prepare the test memo in

accordance with Form-6 of the Rules in triplicate. The envelope referred

to as duplicate has been assigned the number of test memo in the form of

Form-6 of the case which has been separately prepared. The duplicate

sample, which has to be sent to the chemical examiner has been put in

another envelope sealed with seal impression again. It has also been

marked as "Secret-Drug sample/Test Memo". It be sent to the chemical

examiner for chemical analysis and the remaining samples and bulk be

kept in safe custody in godown as per the rules. Sample seal chit bearing

both the seals used has also been got prepared. Facsimile of seal/seals
29
used is also affixed on Form-6.

All the forms have been attested by the undersigned

including sample seal chit so prepared. Sample packets and bulk/bulks

have also been signed with dated initial. The bulk(s) alongwith samples

original and duplicate has been handed over to SHO for the dispatch of

the samples to the laboratory in accordance with Rule 13 of the rules. The

whole process of the opening of the bulk, taking out the sample, sealing

etc. has also been photographed in which the presence of the accused and

Investigating Officer has been also shown.

The application under sub-section 3 of Section 52A is

allowed. Correctness of the inventory has been certified. The

Investigating Officer has been directed to produce the photographs at the

earliest in order to get them certified.

Signature, name and

designation of the
Magistrate

30