UNION OF INDIA Vs. MOHANLAL

JUDGEMENT

(1.) Leave granted. This appeal arises out of an order1 passed by the High Court of Judicature of Madhya Pradesh, Indore acquitting the respondents of an offence punishable under Sections 8/18(&) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The trial court had, while convicting the respondents, sentenced them to undergo imprisonment for a period of 10 years each and besides payment of a fine of Rs 1,00,000 each. In default of payment they were required to undergo further rigorous imprisonment for a period of one year each.

(2.) In appeal, the High Court has reversed the conviction and acquitted the respondents primarily on the ground that there was no evidence to prove the destruction of the seized opium as per the procedure prescribed under Section 52-A of the Act before the conclusion of the trial. The High Court also held that since the seized contraband had not been produced before the trial court, the seizure itself was not proved by the prosecution.

(3.) When the matter came up before us, our attention was drawn by Mr Anoop G. Chaudhary, learned Senior Counsel for the appellants to Standing Order No. 1 of 1989 dated 13-6-1989 that prescribed the procedure for sampling, seizure, safe keeping, disposal of the seized contraband. Mr Chaudhary, submitted that the procedure prescribed by Standing Order 1 of 1989 is being followed throughout the country and that the Ministry of Finance, Department of Revenue, Government of India has in terms of a Circular dated 23-2-2011 impressed upon the Chief Secretary to the police heads concerned to ensure that the instructions given and the procedure prescribed in the Standing Order is strictly adhered to.