Acquittal in NDPS Case: Doubts on Seizure and Storage Procedures.


25 March 2025 Acquittal >> Criminal Law   |   Criminal Appeals & Suspension of Sentence >> Criminal Law  

In Surepally Srinivas & Others v/s The State Of Andhra Pradesh (Now State Of Telangana)., the Supreme Court has overturned the conviction of several appellants in a Narcotic Drugs and Psychotropic Substances (NDPS) Act case, citing significant doubts regarding the handling of seized contraband. The Court highlighted patent violations of Sections 42 and 52A of the NDPS Act and a clear breach of Standing Order No. 1/89, which outlines procedures for sampling, storage, and disposal of seized contraband.

The case involved the seizure of 600 kg of dry ganja on June 18, 2010. The seized material was not produced in court until July 3, 2010, remaining in the custody of the investigating officer (PW-3) in his office for 15 days. PW-3 admitted to being unaware of Standing Order No. 1/89.


 

 

The Court emphasized that while not every minor breach of the Standing Order would vitiate a conviction, substantial compliance with statutory provisions and laid-down procedures is crucial. Referring to previous judgments in Bharat Ambale vs. State of Chattisgarh and Narcotics Control Bureau vs. Kashif, the Court reiterated that Section 52A read with Standing Order No. 1/89 strengthens the evidentiary framework and that non-compliance requires the prosecution to prove their case isn't affected.

In this instance, the Supreme Court found that the seized contraband was not properly sealed, and its custody by the investigating officer for 15 days in an unsealed state raised serious concerns about tampering or substitution. The Court concluded that the possibility of tampering during this period could not be ruled out and that the prosecution failed to justify the departure from the standing order or prove that such non-compliance did not affect their case.

Consequently, the Supreme Court extended the benefit of doubt to the appellants, setting aside their conviction and order on sentence. The appellants, who were in custody, are now to be released unless wanted in other cases.


Section 42, Narcotic Drugs and Psychotropic Substances Act - 1985  

Section 52A, Narcotic Drugs and Psychotropic Substances Act - 1985     

Narcotic Drugs and Psychotropic Substances Act, 1985