The Allahabad High Court has asked the Principal Secretary (Home), UP Lucknow, Director General of Police, UP and Inspector General of Police (Narcotics) why the police is not following Section 52A of the NDPS Act during the recovery of drugs.
A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing a petition filed by Shailendra Kumar Singh.
The order dated 21.10.2023 passed by Additional Session Judge, Court, Kanpur Nagar in Session Trial whereby discharge application of the revisionist has been rejected, is the subject matter of challenge in the case mainly on the ground of non-compliance of mandatory provisions of Section 52A of the NDPS Act in terms of the judgment of the Supreme Court in the case of Union of India vs Mohanlal and Anr, (2016) 3 SCC 379.
The main substratum of argument of the counsel for the revisionist is that the non-compliance of mandatory provisions of Section 52A of the NDPS Act will vitiate the trial against the accused.
Referring to the provisions of Sections 166 and 217 IPC, much emphasis has been given by contending that disobedience of any direction of law by the public servant is an offence punishable under the Sections 166 and 217 IPC.
The Court found that in number of cases the provisions of Section 52A of the NDPS Act are not being complied with despite repeated directions of the Supreme Court in the matters of Simranjit Singh vs State of Punjab, 2023 SCC OnLine SC 906, Mangilal vs State of Madhya Pradesh, 2023 SCC OnLine SC 862, Yusuf @ Asif vs State, 2023 SCC OnLine SC 1328 and Mohammed Khalid and Anr vs State of Telangana, (2024) 5 SCC 393, and no appropriate actions are being taken against such erring officers. The authorities concerned are also acting as silent spectators.
The clear instructions with regard to compliance or noncompliance of Section 52A of the NDPS Act are also not sent in several cases to the State counsel, which causes an embarrassing position of the State counsel before the Courts in defending the prosecution case, the Court said.
The Court directed the Government Advocate to seek instructions from the Principal Secretary (Home), U.P Lucknow, Director General of Police, U.P and Inspector General of Police (Narcotics) by the next date as to why State Police is not complying the mandatory provisions of Section 52A of the NDPS Act in true sense in terms of directions issued by the Supreme Court as noted above and what steps have been taken by them to ensure the compliance of the above noted judgments of the Supreme Court.
The Court has fixed the next hearing of the petition on 20.08.2024.