Case Note & Summary
The petitioner, Mr. Emmanuel Michael, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, challenging the order dated 20.05.2021 passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases at Bangalore in Special C.C.No.768/2021. The petitioner sought quashing of the order and a direction to eschew his statement recorded between 21.05.2021 and 23.05.2021. The background of the case involves the seizure of 610 grams of MDMA from a foreign post office on 17.12.2020, followed by the arrest of accused No.1 and the petitioner on 18.12.2020. The respondent, Narcotic Control Bureau, filed a complaint and the Special Court took cognizance. The petitioner argued that the mandatory provisions of Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) were not complied with, as the seized contraband was not produced before the court for certification of inventory. The respondent contended that there was substantial compliance. The court analyzed Section 52A and held that its requirements are mandatory and non-compliance vitiates the prosecution. The court also held that the statement recorded under Section 67 of the NDPS Act without compliance of Section 52A is inadmissible. Consequently, the court quashed the order taking cognizance and directed that the statement of the petitioner be eschewed.
Headnote
A) Criminal Procedure - Cognizance - Section 52A NDPS Act, 1985 - Non-compliance - The court held that the mandatory requirement of Section 52A of the NDPS Act, 1985 to produce the seized contraband before the court for certification of inventory was not complied with, rendering the prosecution unsustainable. The order taking cognizance was quashed. (Paras 10-15) B) Evidence - Admissibility of Statement - Section 67 NDPS Act, 1985 - The statement of the accused recorded under Section 67 of the NDPS Act, 1985 was held to be inadmissible as it was recorded without compliance of Section 52A of the NDPS Act, 1985. The court directed that the statement be eschewed from consideration. (Paras 16-20)
Issue of Consideration
Whether the order taking cognizance and the statement of the accused recorded under Section 67 of the NDPS Act, 1985 can be sustained when there is non-compliance with Section 52A of the NDPS Act, 1985 regarding the production of seized contraband before the court.
Final Decision
The writ petition is allowed. The order dated 20.05.2021 passed by the XXXIII Additional City Civil and Sessions Judge and Special Judge for NDPS Cases at Bangalore in Special C.C.No.768/2021 is quashed. The statement of the petitioner recorded between 21.05.2021 and 23.05.2021 is directed to be eschewed from consideration.
Law Points
- Section 52A of NDPS Act
- 1985 mandates that seized contraband must be physically produced before the court for certification of inventory
- non-compliance renders prosecution unsustainable
- statement recorded under Section 67 of NDPS Act without compliance of Section 52A is inadmissible
