The seizure of drugs and substances is the first of many steps taken by the authorities, but what comes after the seizure of such narcotics?
Section 52-A of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985, allows probe agencies to destroy seized substances after collecting the required samples.
In Union of India vs Mohan Lal CRIMINAL APPEAL NO.652 OF 2012, Supreme Court has laid down detailed guidelines on sampling, storing and disposing of narcotic drugs and discussed the manner of disposal of seized contraband and conveyances seriously.
If the drugs are in smaller quantities and are not synthetic, the police burn them in an open space close to the jurisdictional station. Smaller amounts of synthetic drugs are stored, and once there is enough to incinerate, it is disposed of promptly by the authorities.
Some of the main procedures for the disposing of seized drugs and substances:
- Once the drugs are seized, photographic and videographic evidence of the seizures is collected.
- The evidence is submitted to a magistrate, who orders the disposal of these drugs.
- The destruction order must be received from the concerned authority under Section 48 of the NDPS Act.
- The destruction certificate should be prepared with the details of the land.
- The samples should be submitted to forensics within the stipulated time.
- A Preliminary test should be done on the spot
- All the procedures must be done in front of independent witnesses.
The Department of Revenue under the Union Finance Ministry passed an order to all state governments stating that seized drugs must be destroyed as soon as possible to avoid misuse, theft or recirculation to the markets and also mandated that in every state, a Drug Disposal Committee be formed to conduct and supervise the process of disposal without compromising the norms of the Pollution Control Board.
