Narcotic Drugs and Psychotropic Substances Act, 1985
52A. Disposal of seized narcotic drugs and psychotropic
substances.
(1) The Central Government may, having regard to the hazardous
nature of any narcotic drugs or psychotropic substances, their vulnerability to
theft, substitution, constraints of proper storage space or any other relevant
considerations, by notification published in the Official Gazette, specify such
narcotic drugs or psychotropic substances or class of narcotic drugs or class
of psychotropic substances which shall, as soon as may be after their seizure,
be disposed of by such officer and in such manner as that Government may,
from time to time, determine after following the procedure hereinafter
specified.
(2) Where any narcotic drug or psychotropic substance has been
seized and forwarded to the officer-in-charge of the nearest police station or
to the officer empowered under section 53, the officer referred to in
sub-section (1) shall prepare an inventory of such narcotic drugs or
psychotropic substances containing such details relating to their description,
quality, quantity, mode of packing, marks, numbers or such other identifying
particulars of the narcotic drugs or psychotropic substances or the packing in
which they are packed, country of origin and other particulars as the officer
referred to in sub-section (1) may consider relevant to the identity of the
narcotic drugs or psychotropic substances in any proceedings under this Act and
make an application, to any Magistrate for the purpose of -
(a) certifying the correctness of the
inventory so prepared; or
(b) taking, in the presence of such
Magistrate, photographs of such drugs or substances and certifying such
photographs as true; or
(c) allowing to draw representative samples of
such drugs or substances, in the presence of such Magistrate and certifying the
correctness of any list of samples so drawn.
(3) Where an application is made under sub-section (2), the
Magistrate shall, as soon as may be, allow the application.
(4) Notwithstanding anything contained in the Indian Evidence Act, 1872 or the Code of Criminal Procedure, 1973, every court trying an offence under this Act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples drawn under sub-section (2) and certified by the Magistrate, as primary evidence in respect of such offence.]
