ILAMARAN Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) On the issue of the applicability of Sec. 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) to search and seizure while issuing notice, learned counsel for the petitioner relied on the judgment of this Court dtd. 13/10/2023 in Yusuf @ Asif vs. State (Criminal Appeal No.3191 of 2023). Today, Mr. Amit Anand Tiwari, learned Senior Advocate/AAG for the State places before us the judgment of this Court in Narcotics Control Bureau vs. Kashif [2020 SCC OnLine SC 3848], holding that Sec. 52A of the NDPS Act was intended for laying down the procedure for disposal of seized narcotic and psychotropic substances. It also holds that any procedural irregularity and illegality in search and seizure would by itself not make the evidence inadmissible.

(3.) The parties are also ad idem that the issue of applicability of Sec. 52A for search and seizure proceedings are pending before a Bench presided over by Hon'ble the Chief Justice of India in SLP (Criminal) No.8556/2024. Let the present special leave petition be tagged with SLP (Criminal) No.8556/2024.