NDPS Act| Provide Ample Facilities And Ensure Timely Examination Of Contraband Articles: Kerala High Court Directs State
The Kerala High Court has directed the State Government to provide ample facilities and ensure timely examination of contraband articles with regard to the NDPS Act (Narcotic Drugs and Psychotropic Substances Act, 1985).
A Single Bench of Justice Ziyad Rahman A.A. said, “At present, the tests are being conducted in the common labs where thousands of samples in connection with all the other offences are being tested. Considering the increasing number of NDPS cases, it is only proper that ample facilities are put in place, to ensure the timely examination of this contraband articles.”
The Bench observed this while dealing with a bail application challenging the crime registered against the accused under the NDPS Act.
Advocate Sarath Babu Kottakkal appeared for the petitioner/accused while Public Prosecutor represented the respondent/State.
In this case, the contraband article recovered was 14.85 gm of MDMA, and the offence under Section 22(c) of the NDPS Act which was applicable to commercial quantity was incorporated on the ground that, as per schedule of the Act, the commercial quantity of MDMA was 10 gm. However, it came to the notice of the court that, in most of the cases registered under Section 22(c) on the ground that the contraband article recovered was MDMA, at a later stage, it was found to be Methamphetamine, the commercial quantity of which, is fixed as 50 gm.
However, the unfortunate aspect was that, in all those cases, there has been an inordinate delay in getting the scientific examination report to identify the contraband article as Methamphetamine. On account of such delay on the part of the authorities concerned to get the contraband article identified, through a proper scientific examination, the accused persons were being faced with prosecution, for more severe offences and consequential incarceration. This was causing difficulties to the court as well as the persons involved in the same.
The High Court in the above context noted, “As per Rule 14 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 the scientific examination report is to be made available within 15 days. In such circumstances, as the statutory rule contemplates for a time bound certification, it is the duty of the State to provide necessary facilities for ensuring the timely examination of the contraband articles in tune with the statutory period stipulated.”
The Public Prosecutor pointed out before the court that, as of now, no separate labs for conducting the test of narcotic drugs for the purpose of the NDPS Act are available.
“The learned Public Prosecutor submits that this aspect has been brought to the notice of the Government and steps are being taken”, added the Court.
The High Court, therefore, directed the Additional Director General of Prosecution to place a statement, indicating the steps taken to ensure the completion of the chemical analysis of narcotic drugs, within the stipulated time.
Accordingly, the High Court posted the matter for further consideration on August 8, 2023.
Cause Title- Anuraj v. State of Kerala
