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2016 (7) TMI 1643 - HC - Indian LawsInterpretation about applicability of Section 52A of NDPS Act, 1985 - narcotic drugs and psychotropic substances - HELD THAT:- The decisions particularly in case of State of Punjab v. Makhan Chand [2004 (2) TMI 663 - SUPREME COURT] by the Apex Court in no uncertain terms declares that Section 52A of the NDPS Act does not empower the Central Government to lay down the procedure for search of an accused, but it only deals with disposal of the seized narcotic drugs and psychotropic substances. Even the Standing Orders and Standing Instructions issued by the Central Government under Section 52A of the NDPS Act are guidelines to the officers to see that a fair and transparent procedure is adopted by the Officers-in-charge of the investigation. There are no hesitation in declaring that the observations made therein must be construed to be per incuriam - these Criminal Appeals are required to be heard on merits, and accordingly fixed for final hearing on 2nd August 2016.
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