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2016 (6) TMI 1442 - HC - Indian LawsInterpretation of statute - Section 52A read with Section 55 of NDPS Act, 1985 - seizure of goods - Contraband - whether in the matter of seizure, the prosecution is required to follow the procedure prescribed under Section 52A of the Act (amended by Amendment Act No.2 of 1989)? - HELD THAT:- There is no doubt, Section 52A was inserted by Act 2 of 1989 w.e.f. 29.5.1989. While, sub section (1) of Section 52A substituted earlier provision vide S.O.1183(E) dated 30.4.2014. Thus, question arise whether law laid down by the Division Bench in the above case State of Gujarat v. Jabbirsing Ratansing Indra Rajput [2013 (2) TMI 917 - GUJARAT HIGH COURT] reflect correct interpretation about applicability of Section 52A under Chapter V of the Act 1985 at the time of seizure of the contraband is correct interpretation or not is to be considered since the heading of Section 52 is about disposal of persons arrested and articles seized and of Section 52A is about disposal of seized narcotic drugs and psychotropic substances. Having seized articles /contrabands a question arise about disposal of such contrabands, for which, procedure is envisaged of preparing inventory and such list of articles, for which, an application is to be made to the Magistrate for the purpose mentioned in (a), (b) and © of sub-section (2) of Section 52A. Thus, seizure having affected, first, next stage would be procedure to be followed for disposal of seized articles. For further argument and production of S.O.1183(E) dated 30.4.2014, the matter is stand over to 9.6.2016.
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