The Narcotics Control Bureau (NCB) on July 30 destroyed 30,000 kg of seized drugs at four locations – Kolkata, Chennai, Delhi and Guwahati — in the virtual presence of Union Home Minister Amit Shah. The narcotic substances were destroyed under a drug disposal campaign that began June 1 as part of ‘Azadi ka Amrit Mahotsav’.
What is the law that allows the destruction of seized drugs?
Section 52-A of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985 allows probe agencies to destroy seized substances after collecting required samples. Officials concerned must make a detailed inventory of the substance to be destroyed.
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 3[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 are
(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
(c) Allowing drawing 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 1972) 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 5[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.
“A five-member committee comprising the area SSP, director/superintendent or the representative of the area NCB, a local magistrate and two others linked to law enforcement and legal fraternity is constituted. The substance is then destroyed in an incinerator or burnt completely leaving behind not any trace of the substance,” NCB’s Chandigarh counsel, Advocate Kailash Chander, said.
What is the exact procedure that is followed?
The agency first obtains permission from a local court to dispose of the seized narcotic substances. These substances are then taken to the designated place of destruction under a strict vigil. The presiding officer tallies the inventory made at the storeroom with that material brought to the spot. The entire process is video graphed, photographed.
Then one by one, all the packets/gunny bags of the substance/s are put in the incinerator. As per rules, committee members cannot leave the place until the seized drugs have been completely destroyed.
Which agency is authorised to carry out such an exercise?
Every law enforcement agency competent to seize drugs is authorised to destroy them after taking prior permission of the area magistrate. These include state police forces, the CBI and the NCB among others.
On June 20, Chandigarh Police, along with NCB sleuths, had jointly destroyed 102.260 kg heroin, 0.495 gm charas, 0.250 kg poppy-husks, 16.6 kg cannabis, 48 injections of Buprenorphine and Pheniramine Maleate, 904 tablets of tramadol in Mohali.
What is the need to destroy seized drugs?
The hazardous nature of narcotic drugs or psychotropic substances, their vulnerability to theft, substitution, constraints of proper storage space are among the reasons that make agencies destroy them.
“There have been instances when seized narcotics were pilfered from the storeroom. To prevent such instances, authorities try to destroy seized drugs immediately after collecting the required samples out of the seized substances,” a police officer said.
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