Narcotic Drugs and Psychotropic Substances Act, 1985
Section 52A—Disposal of seized narcotic drugs and psychotropic substances—Laboratory testings of the stuff inside the representative parcels referred in the certified inventory drawn under Section 52-A of the NDPS Act, is but imperative, as, only on laboratory testings being done of the stuff inside the representative parcels, that then it can be concluded that the charge drawn with respect to an offence under the Act is proven.
[Para 30]
Section 52A—Certified inventory—Primary evidence—Mere production of the certified inventory in Court, may not become primary evidence, but would become so only when at the time of drawings of the representative parcels before the Magistrate concerned, the apposite laboratory testings are then done, either through the Magistrate personally travelling along with the representative parcels, to the laboratory or his deputing a gazetted officer along with an empowered police officer to travel to the laboratory for the relevant testings being made there—If the such testings are also referred in the certified inventory or the report of the FSL is appended therewith or a reference to the report of the FSL is made in any document appended with the certified inventory, then the mere production of the certified inventory in Court, becomes primary evidence, and, per se on its production in Court, the charge under the Act becomes proven.
[Para 30]
Section 52A—Certified inventory—Primary evidence—If at the time of drawings of representative parcels or if at the time of makings of the statutory certification qua correctness of inventory, the Magistrate concerned, does not ensure the apposite laboratory testings being done, then the laboratory testings of the stuff inside the representative cloth parcels, is yet to be done at the laboratory concerned—If so, not only the report of the FSL concerned, but also the examined relevant cloth parcels are to be produced in Court, as both comprise primary evidence, for proving a charge under the Act—Provisions of both Section 45 of the Evidence Act, and of Section 293 of CrPC, remain fully intact.
[Para 30]