STATE OF ODISHA Vs. REGISTRAR GENERAL

JUDGEMENT

(1.) This petition by the State of Orissa through the Superintendent of Police, Special Task Force, CID CB seeks directions to the Registrar General of this Court for taking appropriate measures towards seizure, sampling, safe keeping and disposal of seized drugs, narcotics and psychotropic substances in terms of the judgment of the Supreme Court in Union of India v. Mohanlal (2016) 3 SCC 379, which was delivered on 28/1/2016. In particular, it is pointed out that despite the insertion of Sec. 52-A in the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) by the NDPS (Amendment) Act, 2014(Act 16 of 2014), not enough has been done for actual disposal of the seized drugs in the State of Orissa and that there is a huge inventory of such seized drugs in the Malkhanas of various police stations as well as in the Courts. Reference is also made to the Notification dtd. 16/1/2015 issued by the Department of Revenue, Ministry of Finance, Government of India, regarding disposal of narcotic drugs, psychotropic substances, controlled substances and conveyances immediately after their seizure. Clauses 4 and 9 of the said Notification set out the manner and mode of disposal of the drugs. These two have been interpreted by the Supreme Court in its judgment in Mohanlal (supra). The Court has formulated guidelines in this regard.

(2.) It is stated that pursuant to the directions issued by the Supreme Court, the Home Department of the Government of Orissa formed Drugs Disposal Committees (DDCs) for every district by a Notification dtd. 29/12/2016, which was later modified by a Notification dtd. 23/5/2017.

(3.) The grievance is that despite the concerned Investigating Officers (IOs) filing applications under Sec. 52-A of the NDPS Act before the Special Courts, orders are not being passed thereon except in a lone case being the Balasore Special Case No.221 of 2020 before the learned Special Judge, Balasore. Annexure-3 to the petition gives a list of pending applications in the various districts, which are yet to be disposed of. As an illustration, the Petitioner has enclosed as Annexure-4 series to the petition, a copy of an application filed under Sec. 52-A (2) of the NDPS Act before the Sessions Judge-cum-Special Judge, Khurda at Bhubaneswar, which has been pending since 16/11/2020. It is pointed out that subsequent certification by learned Magistrate is yet to be made in the case.