HC directs Punjab, Haryana to dispose of seized drugs

THE DIRECTIONS WERE ISSUED FOLLOWING IMPARTIAL ADVISER POINTED OUT THAT THE SEIZED DRUGS WERE BEING KEPT IN “MALKHANAS” IN PUNJAB AND HARYANA FOR YEARS ON AND NOT BEING DISPOSED

CHANDIGARH: The Punjab and Haryana high court has directed all area magistrates in Punjab and Haryana to take steps for the early disposal of drugs seizures by police and other agencies.

The directions were issued following impartial adviser (amicus curiae) Vivek Kumar Thakur pointed out to the court that the seized drugs were being kept in “malkhanas” in Punjab and Haryana for years and years together and not being disposed of as per the provisions of Narcotic Drugs and Psychotropic Substances Act making it vulnerable for misuse.

The submission were made during the resumed hearing of a suo motu petition initiated in 2015 on a report from Panchkula district and sessions judge highlighting lapses in storage and disposal of banned substances.

The court was told that Section 52A of the NDPS Act provided for immediate sampling of the seizure in the presence of area magistrate, thus paving way for early disposal of drugs without waiting for final disposal of case in which seizure was made, but was not being followed in letter and spirit.

Now, the court has asked all the area magistrates to immediately comply with the provisions of Act.

During the hearing, Thakur told the court that in the report of Punjab there is a reference of destruction of contraband from October 12 to October 20 stating that 23 kg of heroin was destroyed, but as per another chart in same report 373kg heroin is still pending for destruction.

As per the report, 55,237kg of poppy husk, 3698kg of ganja, 971kg of charas and 647kg of opium is lying in its “malkhanas” as on October 15 across state in Haryana. In Punjab, 33,048kg of poppy husk, 373kg of heroin, 107kg of charas and 1,586 kg of opium is lying in “malkhanas”.

He had further sought direction to government to furnish the details of the total contraband lying in the “malkhanna” at various police stations, total contraband already destroyed and the contraband available to be destroyed and where the orders have not been obtained from the concerned courts for the purpose of destruction.

He also pointed out that there is no reference of disposal of the vehicles seized during seizures neither by Punjab nor Haryana.

Thakur said contrabands are still lying in the police “malkhanas” which is contrary to the provisions.

He also pointed out that as per notification of 2015, the destruction has to be by way of incinerators but there is no incinerator in the Haryana.

Now both the governments have to respond on issues raised by Thakur on the next date of hearing.