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Section 52A: Disposal of seized narcotic drugs and psychotropic substances.

The Narcotic Drugs and Psychotropic Substances Act, 1985Central Act · Act 61 of 1985

[52A. Disposal of seized narcotic drugs and psychotropic substances.-- [(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 [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 of--

(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 to draw 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 innventory, the photographs of [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.]

Where this provision sits

ActThe Narcotic Drugs and Psychotropic Substances Act, 1985
Section52A
Marginal noteDisposal of seized narcotic drugs and psychotropic substances.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it31

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted, Act 2 of 1989. . Ins. by Act 2 of 1989, s. 14 (w.e.f. 29-5-1989).
  • substituted, Act 16 of 2014. Subs. by Act 16 of 2014, s. 17, for sub-section (1) (w.e.f. 1-5-2014).
  • substituted. . Subs. by s. 17, ibid., for "narcotic drug or psychotropic substance" (w.e.f. 1-5-2014).
  • substituted. . Subs. by s. 17, ibid., for "such drugs or substances" (w.e.f. 1-5-2014).
  • substituted, Act 16 of 2014. . Subs. by Act 16 of 2014, s.17, for "narcotic drugs or psychotropic substances" (w.e.f. 1-5-2014).

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