STATE OF MP Vs. GOPAL

JUDGEMENT

(1.) BY the order impugned in this revision, the Judicial Magistrate First Class, Neemuch has declined prayer made by Police under S. 52A(2) of the NDPS Act to certify the inventory prepared by the Police of the seized contraband in terms of sub section (1) of section 52A.

(2.) SUB section (2) of section 52A speaks of certification by any Magistrate of the inventory prepared under sub section (1). Section 52A nowhere provides where such Magistrate has to be a Judicial Magistrate or Executive Magistrate.

(3.) A bare reading of the aforesaid provision would show that it is only where the functions exercisable by a Magistrate relate to a matter which require appreciation or sifting of evidence or passing of a decision, only then the word 'Magistrate' shall be construed as Judicial Magistrate, not otherwise. In all other cases the word has to be construed as Executive Magistrate. In the instant case, the functions assigned to a Magistrate under sub section (2) of section 52A does not involve appreciation or sifting of evidence or adjudication of any matter exposing any person to any punishment or penalty. The function was clearly of administrative or Executive in nature. The learned Judicial Magistrate was, therefore, right in declining prayer of the police to certify the inventory. Police should have approached any Executive Magistrate for that purpose and this revision petition, in my judgment is wholly misconcieved and devoid of any substance. The revision is accordingly dismissed.