File status reports on disposal of seized drugs: High Court to Punjab, Haryana, Chandigarh

Chandigarh, March 1

The Punjab and Haryana High Court has directed the states of Punjab and Haryana, along with the Union Territory of Chandigarh, to file status reports on the disposal of case properties in drug matters under the provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The direction came after Justice Augustine George Masih and Justice Sandeep Moudgil issued notice to Haryana Advocate-General and UT Senior Standing Counsel for May third week. The case revolves around the disposal of contraband in a timely manner as per the directions already issued by the Supreme Court/ Government of India.

Taking up a petition filed against the state of Punjab and other respondents by Jatinder Kumar, the Bench observed the case dealt with “the aspect of disposal of narcotic drugs which have been confiscated or have been recovered from the accused for which cases are pending or have been disposed of”.

Enlarging the scope of the matter, the Bench, assisted in the matter by amicus curiae or the friend of the court Ishan Gupta, added the issue was related not just to the state of Punjab, but the state of Haryana and UT Chandigarh as well.

In its judgment on storage of seized narcotics, the apex court had ordered destruction to prevent recirculation. The court had, in fact, issued guidelines on the disposal of narcotic drugs, psychotropic and controlled substances.

The apex court Bench, comprising then Chief Justice TS Thakur and Justice Kurian Joseph, had issued directions to “avoid any confusion arising out of the continued presence of two notifications on the same subject”.

The apex court had also requested the Chief Justices of the High Courts across the country to appoint a committee of judges on the administrative side to supervise and monitor progress made by the respective states in regard to compliance of the directions.

The High Court had, subsequently, constituted a committee to oversee action taken on prompt disposal of contraband recovered by the police in view of the apex court guidelines. The counsels for the states of Punjab and Haryana, along with the Union Territory of Chandigarh, also undertook to comply with the Supreme Court directions “in letter and spirit”.

The Bench was also told during the course of hearing that half-yearly status report would be submitted in the High Court Registry.

Apex court had ordered destruction

In its judgment on storage of seized narcotics, the apex court had ordered destruction to prevent recirculation. The court had, in fact, issued guidelines on the disposal of narcotic drugs, psychotropic and controlled substances.