(1.) On 6th June, 2016, this Court took up the case and upon hearing learned advocates for the respective sides, passed the following order:
(2.) Thereafter, on 21st July, 2016, this Court passed the following order, after having heard learned Asstt. Solicitor General of India.
(3.) Apropos Oral Order dated 6th June, 2016, Shri Devang Vyas, learned Asstt. Solicitor General of India for Union of India and Narcotic Control Bureau - appellant in one of the Criminal Appeals, being Criminal Appeal [For Enhancement] No. 1233 of 2014 has addressed the Court at length and relied on decision of Apex Court rendered in case of State of Punjab v. Makhan Chand, 2004 (3) SCC 453 and submitted that the Apex Court in no uncertain terms held that Section 52A(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 does empower the Central Government to lay down the procedure for search of an accused, but only deals with the disposal of seized narcotic drugs and psychotropic substances. According to him, even the standing orders and standing instructions issued by the Central Government under Section 52A of the Act are merely intended to guide the officers to see that a fair procedure is adopted by the Officer-in-charge of the investigation. They are inexorable rules, as there could be circumstances in which it may be possible for the seizing officer to prepare the panchnama at the spot, if it is a chance recovery, where the officer may have the facility to prepare the seizure panchnama at the spot itself.
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