[NDPS Act] Accused Claims Standing Order Not Followed In Seizure Of Over 1 Quintal Of Ganja, Allahabad High Court Grants Bail

The Allahabad High Court last week granted bail to a man booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) from whose possession allegedly over 1 Quintal of Ganja was recovered.

The Bench of Justice Krishan Pahal granted bail to one Om Prakash Verma who claimed before the Court that the procedure laid down in the Standing Order to be followed while conducting seizure of the contraband was not followed in the instant case.

Essentially, Verma, along with another person was arrested with 1 quintal 3 Kg 290 grams of ganja, and 38 packets of cigarette rolling paper and thereafter booked under Sections 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985.

The counsel for the applicant argued that the said contraband was allegedly recovered from 19 packets and one polythene amounting to a total of 1 quintal 3 Kg and 290 grams, however, only one sample had been taken from the said contraband which was is a clear violation of Clause 2.4 of the Standing Order No.1 of 1989.

It was submitted that the police was required to draw a sample from each packet allegedly recovered with the help of a field testing kit, however, in the instant case, it was argued, the sample from only one packet was taken and therefore, it cannot be ascertained whether all the 19 packets and one polythene bag (total 20 in all) contained the alleged contraband of ganja or not.

It may be noted that the Central Government has issued Standing Order No. 1 of 1989 which prescribes the procedure to be followed while conducting seizure of the contraband.

The counsel for the applicant further argued that the said sample had been sent for testing after a delay of twenty days, which was also in clear violation of the said Standing Order, as it is provided in it that the contraband should be sent for chemical analysis 2 within a period of 72 hours.

At the outset, the Court referred to the ruling of the Apex Court in the case of Noor Aga v. State of Punjab (2008) 3 JIC 640 (SC), wherein it was held that the standing order in dispute and other guidelines issued by the authority having legal sanction are required to be complied by the arresting authorities.

Further, the Court also referred to the Apex Court's ruling in the case of Union of India vs. Shiv Shankar Keshari (2007) 7 SCC 798, wherein it was held that the court, while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty.

"It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty," the Court had held.

In view of this, the Court granted bail to the accused Verma on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Case title - Om Prakash Verma v. State of U.P.
Case Citation:2022 LiveLaw (AB) 113

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