Andhra Pradesh High Court: S.52A (4) of the NDPS Act Makes Certified Samples Primary Evidence

Hyderabad, India — In a notable judgment, the Andhra Pradesh High Court has expounded that any list of samples drawn under Section 52A(2) of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, and certified by a Magistrate amounts to primary evidence. This interpretation by the single judge bench emphasizes the legal sanctity and evidentiary value of certified samples in drug-related cases.

Case Background:

The case involved a complaint under Sections 20, 28, and 29 of the NDPS Act. An officer filed an application under Section 52A of the NDPS Act seeking permission to forward original samples drawn in the presence of a Magistrate along with test memos. The application was approved, allowing the procedure outlined in Section 52A(2) to be followed and permitting the disposal of the property as per Section 52A(1).

Subsequently, the accused filed an application under Section 91 of the Code of Criminal Procedure (Cr.P.C.) before the Metropolitan Sessions Judge, requesting the prosecution to produce the seized drums for trial. The Sessions Judge allowed this application to ensure a transparent and fair trial. This led to the current criminal petition seeking to quash that order, arguing it contradicted Section 52A of the NDPS Act.

Court’s Observations:

Justice Tarlada Rajasekhar Rao observed that the inventory proceedings, photographs of the seized drugs, and drawing of samples, once certified by the Judicial Magistrate under Section 52A(4), become primary evidence. The certification allows for the destruction of the seized material and the filing of a destruction report before the trial court. The court noted that allowing the accused’s application to produce the drums would negate the provisions of Section 52A(4).

The court also highlighted that the accused did not participate in the inventory process conducted by the Magistrate. Therefore, the application under Section 91 Cr.P.C. was deemed an attempt to delay the proceedings.

Court’s Decision:

The High Court quashed the order of the Sessions Judge and allowed the criminal petition, reinforcing the procedure under Section 52A of the NDPS Act.

Case Details:

• Case Title: The Senior Intelligence Officer V. State Of Andhra Pradesh and others
• Coram: Hon’ble Mr. Justice Tarlada Rajasekhar Rao
• Case No.: CRIMINAL PETITION NO: 13659/2018
• Advocate for the Petitioner: Suresh Kumar Routhu (Senior Standing Counsel for CBIC)

This judgment underscores the significance of certified samples as primary evidence in NDPS cases, facilitating the destruction of seized narcotics and maintaining the integrity of the judicial process.

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