TMI Blog2016 (6) TMI 1442X X X X Extracts X X X X X X X X Extracts X X X X ..... [ 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, Section 52A reads as under: 52A. Disposal of seized narcotic drugs and psychotropic substances: (1) The Central Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the Official Gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that Government may, fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strate shall, as soon as may be, allow the application. (4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying an offence under this Act, shall treat the inventory, the photographs of [narcotic drugs, psychotropic substances, controlled substances or conveyances] and any list of samples drawn under sub-section (2) and certified by the Magistrate, as primary evidence in respect of such offence]. Section 53. Power to invest officers of certain departments with powers of an officer-in-charge of a police station.-(1) The Central Government, after consultation with the State Government, may, by notification published in the Official Gazett ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... down by the Division Bench in the above case State of Gujarat v. Jabbirsing Ratansing Indra Rajput 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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