CHENNAI: The Madras High Court has directed the state government to ensure that safety lockers are provided in all police stations to keep the seized contraband materials in the safe custody of the police officers.
It must also be ensured that a custody register is maintained and every entrustment of contraband or seized material shall be entered into the same by the in-charge of the safety room. It should be countersigned by the prosecuting officer of the case concerned and the same procedure shall be adopted when the contraband and seized goods are taken out from the safety room.
Till such time such a facility is made available in all the police stations, the government shall ensure that safe custody rooms or places with police guard 24x7, are available and in this context, the storage places, one in each zone as proposed by the government pursuant to the direction of the Supreme Court in 2012 as indicated in the status report of the Director General of Police dated March 23, 2018, shall be constructed at the earliest and till such storage places are made ready, alternative arrangements of storage places for safe custody of seized articles and contraband materials, shall immediately be made by the government within three months, Justice R Suresh Kumar said.
The judge gave the direction on March 13 last while setting aside an order of the Special Judge, II Additional Special Court under NDPS Act here dated May 16, 2012, convicting one Danraj for seven years RI with a fine of Rs 5,000 for smuggling ganja weighing 1 kg and 200 grams. Challenging this, Danraj preferred the present criminal appeal.
Allowing it, the judge found that the trial court had mechanically passed the conviction order. The prosecution has failed to prove the case beyond reasonable doubt, especially in the context of following the procedure contemplated under Section 50 of the NDPS Act and also the production of the contraband before the trial court with proof, the judge pointed out.