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GOVERNMENT OF PUDUCHERRY
POLICE DEPARTMENT
No. 07/SP(HQ)/OW/2022 - 230 Dated: 10.12.
O R D E R
Sub: Constitution of ‘Drug Disposal Committee’ for narcotic drugs & psychotropic substances – Orders – Issued – Reg. -oOo- As per the Notification vide G.S.R. 38 (E), dated 16.01.2015, issued by the Ministry of Finance (Department of Revenue), New Delhi, the ‘Drug Disposal Committee’ for narcotic drugs & psychotropic substances is hereby constituted separately for both Puducherry and Karaikal Districts as follows :
I. Drug Disposal Committee for Puducherry District : (a) Senior Superintendent of Police (L&O), Puducherry : Chairperson (b) Joint Commissioner, HQR, CGST & Central Excise Commissionerate : Member (c) Assistant Director, SIB, Puducherry : Member
II. Drug Disposal Committee for Karaikal District : (a) Senior Superintendent of Police, Karaikal : Chairperson (b) Assistant Commissioner of CGST & Central Excise, Karaikal Division : Member (c) ACIO – I, SIB, Karaikal : Member
- Items to be disposed of : All narcotic drugs, psychotropic substances, controlled substances and conveyances shall be disposed of under section 52A of the NDPS Act.
- Officers who shall initiate action for disposal: Any officer incharge of a police station or any officer empowered under section 53 of the NDPS Act shall initiate action for disposal of narcotic drugs, psychotropic substances, controlled substances or conveyances under section 52A of that Act.
- Manner of disposal : (i) Where any narcotic drug, psychotropic substance, controlled substance or conveyance has been seized and forwarded to the officer-in- charge of the nearest police station or to the officer empowered under section 53 of the NDPS Act or if it is seized by such an officer himself, he shall prepare an inventory of such narcotic drugs, psychotropic substances, controlled substances or conveyances as per Annexure-1 to this Order and apply to any Magistrate under sub-section (2) of section 52A of the said Act as per Annexure-2 to this Order within thirty days from the date of receipt of chemical analysis report of seized narcotic drugs, psychotropic substances or controlled substances.
(ii) After the Magistrate allows the application under sub-section (3) of section 52A of the said Act, the officer mentioned in sub-paragraph (1) shall preserve the certified inventory, photographs and samples drawn in the presence of the Magistrate as primary evidence for the case and submit details of the seized items to the Chairperson of the Drug Disposal Committee for a decision by the Committee on the disposal, and the aforesaid officer shall send a copy of the details along with the items seized to the officer-in-charge of the godown.
Functions : The functions of the Drug Disposal Committee shall be to- (a) Meet as frequently as possible and necessary; (b) Conduct a detailed review of seized items pending disposal; (c) Order disposal of seized items; and (d) Advise the respective investigating officers or supervisory officers on the steps to be initiated for expeditious disposal.
Procedure to be followed by the Drug Disposal Committee with regard to disposal of seized items : (i) The officer-in-charge of godown shall prepare a list of all the seized items that have been certified under section 52A of the NDPS Act and submit it to the Chairperson of the concerned Drug Disposal Committee. (ii) After examining the list referred to in sub-paragraph (i) and satisfying that the requirements of section 52A of the said Act have been fully complied with, the members of the concerned Drug Disposal Committee shall endorse necessary certificates to this effect and thereafter that Committee shall physically examine and verify the weight and other details of each of the seized items with reference to the seizure report, report of chemical analysis and any other documents, and record its findings in each case.
Power of Drug Disposal Committee for disposal of seized items: The Drug Disposal Committee can order disposal of seized items upto the quantity or value indicated in the Table below, namely:-
(1) (2) (3) Sl.No. Name of item Quantity per consignment
- Heroin 5 Kg
- Hashish (Charas) 100 Kg
- Hashish oil 20 Kg
- Ganja 1000 Kg
- Cocaine 2 Kg
- Mandrax 3000 Kg
- Poppy straw Upto 10 MT
- Other narcotic drugs, psychotropic substances, controlled substances or conveyances
Upto the value of Rs. 20.0 lakhs
(c) narcotic drugs, psychotropic substances and controlled substances seized in bulk form may be sold by way of tender or auction or in any other manner as may be determined by the Drug Disposal Committee, to a person fulfilling the requirements of the Drugs and Cosmetics Act, 1940 (23 of 1940) and the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), and the Rules and Orders made thereunder, after confirming the standards and fitness of the seized substances for medical purposes from the appropriate authority under the Drugs and Cosmetics Act, 19 40 (23 of 1940) and the Rules made thereunder;
(d) controlled substances having legitimate industrial use may be sold by way of tender or auction or in any other manner as may be determined by the Drug Disposal Committee to a person fulfilling the requirements of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) and the Rules and Orders made thereunder;
(e) seized conveyances shall be sold off by way of tender or auction as determined by the Drug Disposal Committee.
(vi) Narcotic drugs, psychotropic substances and controlled substances which have no legitimate medical or industrial use or such quantity of seized items which is not found fit for such use or could not be sold, shall be destroyed.
(vii) Destruction referred to in subparagraph(b) shall be by incineration in incinerators fitted with appropriate air pollution control devices, which comply with emission standards and such incineration may only be done in places approved by the State Pollution Control Board or where adequate facilities and security arrangements exist and in the latter case, in order to ensure that such incineration may not be a health hazard or polluting, consent of the State Pollution Control Board or Pollution Control Committee, as the case may be, shall be obtained, and the destruction shall be carried out in the presence of the Members of the Drug Disposal Committee.
Intimation to the Head of Department on destruction : The Drug Disposal Committee shall intimate the Head of Department regarding the programme of destruction at least fifteen days in advance so that, in case he deems fit, he may either himself conduct surprise checks or depute an officer for conducting such surprise checks and after every destruction operation, the Drug Disposal Committee shall submit to the Head of the Department a report giving details of destruction.
Certificate of destruction : A certificate of destruction (in triplicate) containing all the relevant data like godown entry number, gross and net weight of the items seized, etc., shall be prepared and signed by the Chairperson and Members of the Drug Disposal Committee as per format at Annexure-3 and the original copy shall be pasted in the godown register after making necessary entries to this effect, the duplicate to be
ANNEXURE – 2
APPLICATION FOR DISPOSAL OF SEIZED NARCOTIC DRUGS, PSYCHOTROPIC
SUBSTANCES, CONTROLLED SUBSTANCES AND CONVEYANCES UNDER
SECTION 52A (2) OF THE NDPS ACT, 1985
(Application to be made by the officer in-charge of a police station or an officer empowered under section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 , who has custody of the seized narcotic drugs, psychotropic substances, controlled substances and conveyances]
To The Learned Magistrate, ……………………..
Sir,
Sub: Application for certification of correctness of inventory, photographs and samples of seized narcotic drugs, psychotropic substances, controlled substances and conveyances
- All narcotic drugs, psychotropic substances, controlled substances and conveyances have been identified by the Central Government under section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 as vulnerable to theft and substitution vide Notification vide G.S.R. 38 (E), dated 16.01.2015, issued by the Ministry of Finance (Department of Revenue), New Delhi.
- As required under sub-section (2) of section 52 A of the Narcotic Drugs and Psychotropic Substances Act, 1985, I submit the enclosed inventory of seized narcotic drugs, psychotropic substances, controlled substances, and/or conveyances and request you to-
(a) certify the correctness of the inventory;
(b) permit taking, in your presence, photographs of the seized items in the inventory and certify such photographs as true; and
(c) allow drawing of representative samples in your presence and certify the correctness of the list of samples so drawn.
- I request you to allow this application under sub-section (3) of Section 52 A of the Narcotic Drugs and Psychotropic Substances Act, 1985 so that the seized narcotic drugs, psychotropic substances, controlled substances, and/or conveyances can thereafter be disposed of as per sub-section (1) of section 52A of the said Act retaining the certificate, photographs and samples as primary evidence as per sub-section (4) of section 52A (4). Yours faithfully, Signature, Name and Designation of the officer CERTIFICATE BY THE MAGISTRATE UNDER SUB-SECTION (3) OF SECTION 52A OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
I allow the above application under sub-section (3) of section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 and hereby, certify the correctness of the enclosed inventory, the enclosed photographs taken and the list of samples drawn in my presence.
Signature, Name and Designation of the Magistrate Date :
ANNEXURE – 3
CERTIFICATE OF DESTRUCTION
[ See Paragraph 10 of this Order ]
This is to certify that the following narcotic drugs, psychotropic substances and controlled substances, were destroyed in our presence.
- Cr. No.
- Narcotic Drug/Psychotropic Substance/Controlled Substance:
- Seizing agency:
- Seizing officer:
- Date of seizure:
- Place of Seizure:
- Godown entry number:
- Gross weight of the drug seized:
- Net weight of the narcotic drugs, psychotropic substances, controlled substances destroyed (after taking samples, etc.):
- Where and how destroyed :
Signature(s), Name(s) and Designation(s) of Chairperson/ Members of the Drug Disposal Committee
