State To Provide Necessary Facilities To Ensure Timely Examination Of Contraband Articles In NDPS Cases: Kerala High Court

The Kerala High Court recently directed the State to provide necessary facilities for ensuring the timely examination of contraband articles in NDPS (Narcotic Drugs and Psychotropic Substances) cases. 

Justice Ziyad Rahman A.A. issued the interim order taking note of the inordinate delay in most cases in getting the scientific examination report to identify the alleged contraband article. 

"On account of such delay on the part of the authorities concerned to get the contraband article identified, through a proper scientific examination, the accused persons are being faced with prosecution, for more severe offences and consequential incarceration. This is causing difficulties to the court as well as the persons involved in the same," the Court observed. 

The Court issued the Order while considering the bail application in a crime wherein the contraband article recovered was 14.85 gms. of MDM. The offence under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act was thus found to be applicable. 

However, the Court noted that in most cases registered under Section 22(c) on the ground that the contraband article recovered was MDMA, it was later found to be Methamphetamine, the commercial quantity of which was fixed as 50 grams.  

The Court observed that as per Rule 14 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 the scientific examination report is to be made available within 15 days, but went on to note that there was an inordinate delay in most cases in getting the scientific examination report. 

"In such circumstances, as the statutory rule contemplates for a time bound certification, it is the duty of the State to provide necessary facilities for ensuring the timely examination of the contraband articles in tune with the statutory period stipulated," the Court added. 

The Public Prosecutor drew the attention of the Court to the fact that presently, there were no separate labs for conducting the test of narcotic drugs for the purpose of the NDPS Act, and that the tests were being conducted in common labs, where several samples in connection with other offences were also being tested. The counsel added that this aspect had been brought to the notice of the Government and that steps were being taken in this regard. 

The Court thereby directed the Additional Director General of Prosecution to place a statement, indicating the steps taken to ensure the completion of the chemical analysis of narcotic drugs, within the stipulated time.

The matter has been posted for further consideration on August 8, 2023. 

Advocates Sarath Babu Kottakkal, Jithin Babu A., and Arun Samuel appeared on behalf of the petitioner. 

Case Title: Anuraj v. State of Kerala 

Case Number: BAIL APPL. NO. 5549 OF 2023

Click Here To Read/Download The Order