Pointing out that the State police had not followed a basic and mandatory procedure while seizing ganja from accused persons, the High Court of Karnataka has acquitted two persons who were convicted and sentenced to 10 years imprisonment by the trial court for possessing 30 kg of cannabis.
The High Court said the Humnabad police in Bidar district had failed to follow Section 52A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which mandates securing certification for the inventory of seized drugs or substance from the jurisdictional magistrate before sending the seized material to the Forensic Sciences Laboratory (FSL).
Justice S. Vishwajith Shetty passed the order while setting aside the 2022 order passed by a Sessions Court in Basavakalyan in Bidar district. The Sessions Court had convicted Sharukh, 28, and Shubham, 20, both residents of Mumbai, who were arrested by the Humnabad police in February 2019 as they were illegally transporting 30 kg of cannabis.
Primary evidence
As Section 52A(4) treats the inventory of seized materials certified by the magistrate as primary evidence in respect of the offence alleged, the confirmation report of the seized 30 kg ganja sent by the FSL cannot be considered as primary evidence in this case as the police had not secured certification for the inventory, the court said while holding that the trial against the accused persons is vitiated in the absence of primary evidence.
“Section 52(A)(2) is introduced in the statute with an object to give some sanctity for the seizure made and also to prevent any mischief at the hands of the police officers or any other officer investigating the cases under the provisions of the NDPS Act,” the High Court observed.
Why it is mandatory
While pointing out that the punishment for the offences under the NDPS Act depends upon the quantity of the contraband article seized, the court said, therefore, to rule out any foul play during the course of the investigation, the necessity of preparing the inventory and getting the same certified by the jurisdictional magistrate within a reasonable time, and drawing of sample from the seized contraband article becomes mandatory.
Published - August 03, 2024 10:08 pm IST
