MADURAI: The Madurai Bench of the Madras High Court directed all the investigating officers, prosecuting agencies, and special courts handling cases registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, across the state to strictly comply with the procedures outlined in Section 52A (disposal of seized articles) of the Act and the NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022.
The home secretary and the registrar general of the Madras HC have been directed to soon issue a comprehensive circular in this regard.
Justice B Pugalendhi issued the directive while hearing an appeal filed by R Manimaran, seeking the return of his lorry seized in an NDPS case in 2021. Though Manimaran was acquitted in the case in 2023, the Additional District Court for EC and NDPS Act cases in Pudukkottai dismissed his request to return the vehicle.
Observing that the appellant, until 2023, did not claim ownership of the lorry throughout the investigation and the trial, the judge said had Manimaran come forward earlier, his potential connection to the offence could have been examined further. The judge also noted the investigating officer’s failure to initiate pre-trial disposal proceedings under Section 52A of the NDPS Act.
The court noted that pre-trial disposal should be considered an integral part of the case processing and not an afterthought. Special courts are mandated to actively monitor compliance, and Drug Disposal Committees must expeditiously process referred properties to prevent administrative delays and loss of evidentiary integrity, it noted.
The judge said, “The legislative intent behind the procedure stems from an operational necessity to prevent overcrowding of judicial or police custody spaces, eliminate risks of pilferage or decay, and reduce the burden on courts to determine ownership, post-trial,” adding that long-term retention of such properties has often led to deterioration, theft or unauthorised usage.
As the investigating officer has already moved the trial court for permission to refer the vehicle to the Drug Disposal Committee, the HC directed the trial court to dispose of the application.