1. DRAWAL OF SAMPLES, STORAGE AND DISPOSAL
OF NARCOTICS DRUGS
PRESENTATION BY
NCB, EZU, KOLKATA

2. LEGAL PROVISIONS Section – 52
Disposal of persons arrested and articles seized.
Every person arrested under Section 41, 42, 43 & 44 shall be informed about grounds of arrest.
Every person arrested and article seized under Section 41(1) shall be forwarded to the concerned Magistrate.
Every person arrested and article seized under Section 41(2), 42, 43, 44 shall be forwarded to officer in charge of nearest Police Station, officer empowered under Section 53.
Section – 52A
Provides for disposal of narcotic drugs before completion of trial in such a manner as prescribed by the Govt.

3. Drawal of sample -
The procedure suggested in the notification No.1/89 of Govt. of India and standing order No.1/88 of Narcotics Control Bureau should be followed about the sampling.
If the drugs/controlled substances seized are found in packages/ containers the same should be serially numbered for purposes of identification.
In case the drugs/controlled substances are found in loose form the same should be arranged to be packed in unit containers of uniform size and serial numbers should be assigned to each package / container. Beside the serial number, the gross and net weight, particular of the drug and the date of seizure should invariably be indicated on the packages.
Contd…………
11/12/2017

4. In case sufficient space is not available for recording the above information on the package, a card board label, should be affixed with a seal of the seizing officer and on this card board label, the above details should be recorded.
Sample from the seized drugs/controlled substances must be drawn on the spot of recovery, in duplicate, in the presence of search witnesses and the person from whose possession the drug/ controlled substances is recovered or the owner/occupier/representative of the owner of the premises and a mention to this effect must be made in the Panchnama and the case file.
Contd………..
11/12/2017

5. The quantity to be drawn in each sample :-
-5 gms. in respect of all narcotic drugs and psychotropic substances, except Opium, Ganja and Charas.
-24 gms. for Opium, Ganja and Charas.
-in case of sample drawn from the field where illegal cultivation is there, the sample should be sufficient
-in case of controlled substances, it should be sufficient so that effective test can be conducted
The same quantity should be taken for the duplicate sample also. The seized drug in the packages/containers should be well mixed to make it homogenous and representative before the sample in duplicate is drawn.
11/12/2017

6. How many samples to be drawn-
In the case of seizure of a single package/container one sample in duplicate is to be drawn.
Normally it is advisable to draw one sample in duplicate from each package/ container in case of seizure of more than one package / container.
However, when the package / containers seized together are of identical size and weight, bearing identical markings and the contents of each package give identical results on colour test by drug/ precursor testing kit, conclusively indicating that packages are identical in all respect, the packages/ container may be carefully bunched in lots of 10 packages/ containers.
Contd……….

7. In case of seizure of ganja and hashish, the packages/ containers may be bunched in lots of 40 such packages/ containers.
For each such lot of packages/ containers, one sample in duplicate may be drawn.
Where after making such lots, in the case of hashish and ganja, less than 20 packages/ containers remain, and in case of other drugs less than 5 packages/ containers remain, no bunching would be necessary and no samples need be drawn.
Contd………….

8. If it is 5 or more in case of other drugs and substances and 20 or more in case of Ganja and Hashish, one more sample in duplicate may be drawn for such remainder package/ containers.
While drawing one sample in duplicate from a particular lot, it must be ensured that representative drug in equal quantity is taken from each package/ container of that lot and mixed together to make a composite whole from which the samples are drawn for that lot.

9. Numbering of packages/containers
Each package/ container should be securely sealed and an identification slip pasted/ attached on each one of them at such place and in such manner as will avoid easy obliteration of the marks and numbers on the slip.
Where more than one sample is drawn, each sample should also be serially numbered and marked as S-1, S-2 & S-3 and so on, both original and duplicate sample. It should carry the serial number of the packages and marked as P-1,2,3,4 and so on.
Contd………

10. All the samples must be drawn and sealed in presence of the accused, seizure (panchnama) witnesses and seizing officer and all of them shall be required to put their signatures on each sample.
The official seal of the seizing officer should also be affixed.
The specimen of seal used be embossed on a separate sheet of paper so as to produce in the court as an exhibit with other documents during the trial.
The specimen of the seal used should be sent to CRCL along with samples separately for comparison with that of the sealed packet to certify that the seal on the sealed sample packet was in tact.

11. Packing and Sealing of Samples –
The sample in duplicate should be kept in heat sealed plastic bags as it is convenient and safe. The plastic bag container should be kept in a paper envelope, which may be sealed properly. Such sealed envelope may be marked as original and duplicate. Both the envelopes should also bear the Sl. No. of the packages/ containers from which the sample has been drawn. The duplicate envelope containing the sample will also have a reference of the test memo. The seals should be legible.
Contd……….

12. This envelope along with test memos should be kept in another envelope, which should also be sealed and marked “secret-Drug sample/Test memo” to be sent to the concerned chemical laboratory. However, in the case of controlled substance, since most are highly inflammable or corrosive or may cause injury, these should be handled carefully, possibly with the help of literature or experts, for the purpose of testing, drawal of samples, sealing and storing.

13. Test Memo
The samples of seized drugs or substances should be dispatched to the chemical examiner under the cover of a Test Memo, which shall be prepared in triplicate. The original and duplicate of the Test Memo should be sent to the Laboratory along with the samples. The triplicate shall be retained in the case file of the seizing officer. Documents found during the search from the spot/house/conveyance in the name of the accused should be seized to prove exclusive possession of the spot house and contraband articles by the accused.

14. Disposal of persons arrested and articles seized
While arresting a person the guidelines of the Apex Court should be followed.
The person being arrested should be informed of grounds for such arrest. This fact must be mentioned in the case file.
Every person arrested and articles seized shall be forwarded to the officer empowered under Sec 53 of NDPS Act or the officer in-charge of the nearest Police Station. The concerned officer will take such measures as may be necessary for the disposal according to law of such person or article.
Contd……….

15. After receipt of seized articles, the officer receiving it must make an entry in the godown register (Annexure-II) . This should be reflected in the case file also. The articles received by the officer must be deposited in the godown without loss of time and proper entry must be made in the godown register. This fact must be categorically mentioned in the case file.
The case file must categorically indicate in whose custody the articles and samples were kept till the samples were sent to laboratory. A reference of godown register must be quoted on the sealed packets. The investigating officer must be able to convince the Court as to where the articles had been kept and in what condition and in whose custody till the sample was sent to the CRCL for test.
Contd……….

16. Extract of the godown register should be produced in the Court, as and when required. The person in whose custody the articles had been kept should be cited as witness.
Investigation of the case be assigned to an officer, other than the seizing officer. On production of the seized materials by the seizing officer, the officer in charge of the go-down receiving it, should check the seal and write its description properly in the register. This applies to samples, including remnant samples sent back by the laboratory after the test, also.
It is the responsibility of the officer-in-charge to send the samples for examination to the CRCL as quickly as possible.
Contd……….

17. The samples should be sent either by insured post or through special messenger duly authorized for the purpose. Despatch of samples by registered post or ordinary mail should not be resorted to.
Samples must be dispatched to the laboratory within 72 hours of seizure to avoid any legal objection. Any delay in the despatch of the samples to CRCL, due to any unavoidable circumstances, be properly accounted for in the case file and the officer/ messenger carrying the exhibits should be examined as witness. The godown register will be required for exhibition in the Court during trial. This must be kept up to date.
Contd……….

18. The immediate superior officer must inspect the same on regular intervals.
Steps must be taken by the godown in charge for post-trial disposal of confiscated drugs or articles or pre-trial disposal of seized drugs or articles as per Rules. Seized articles that may depreciate fast in value should also be disposed of as per Rules.
Nothing should be disposed of without order of the Court and putting up to the disposal committee as per the notification no. 1/89 of the Central Government or as per the order no. 1/88 of NCB, as the case may be.
Contd…….

19. A full report giving all the particulars of search, seizure and arrest must be sent to the immediate official superior within 48 hours of the seizure/arrest. This is mandatory requirement. The investigating officer must categorically mention in the case file on which date and by what despatch number and to whom such report was sent. A copy of the report must be kept in the case file.

20. Pre-Trial Disposal
Section 52A of NDPS Act provides for pre-trial disposal.
Godown-in-charge/Investigating Officer-in-charge of the case shall prepare inventory of drugs handed over by seizing officer. Inventory should contain the details of description, quality, quantity, mode of packing, marking, Numbers, other identity particulars of the drug, country or origin, etc.

21. Godown-in-charge/Investigating Officer/Officer-in-charge to make application to the Magistrate for :
Certifying correctness of such inventory.
Taking photographs and certifying them to be true.
Allowing drawal of drug samples in presence of Magistrate and certifying correctness of list of samples and for his permission.
Inventory, photographs, list of samples so drawn and certified by the Magistrate is primary evidence in respect of such offence (this provision overrides Indian Evidence Act and Cr.P.C.).

22. While moving application as above following must be produced :
All seized articles/drugs etc.
Panchanama in original
Detailed inventory of drugs & Chemical analysis report.
After doing the needful and obtaining orders
Opium, Morphine, Codeine, Thebaine to be transferred to Government Opium & Alkaloid Works, Ghazipur/Neemuch.
Other drugs to be destroyed in accordance with guidelines and Court’s order.

23. Drug Disposal Committee
Three Member Committee known as “Narcotic Drug and Psychotropic Substances Disposal Committee” should be constituted by each Central and State Government agency.
Committee to be headed by officer not below the rank of: - Joint Commissioner of Customs & Central Excise
Joint director, DRI
Deputy Director, Narcotics Control Bureau,
Superintendent of Police
Officers of equivalent rank.

24. Functions of Committee :
Members should be of the rank of Assistant Commissioner/Assistant Narcotics Commissioner/Assistant Director(DRI & NCB)/Superintendent of Police/Assistant Commissioner of State Excise.
Functions of Committee :
Detailed analysis of drugs pending disposal
To advise concerned officers on expeditious disposal

25. Minutes of meeting to be endorsed to :
Committee to meet as frequently as possible but at least once every two months.
Minutes of meeting to be endorsed to :
NCB in case of Central Government agency
State Police Head Quarters(CID) in case of State enforcement agencies (Narcotics Control Bureau may be kept informed by them).

26. Procedure for disposal
Officer-in-charge of Godown to prepare list of drugs ripe for disposal.
Drugs Disposal Committee to examine and satisfy and endorse necessary certificates that
Drugs are no longer required for legal proceedings.
Approval of the court has been obtained for destruction

27. Committee has power to order destruction of drugs upto :
Committee to physically examine drug consignments with reference to seizure report, chemical analysis and other relevant documents
Committee has power to order destruction of drugs upto :
Heroin 5 Kg ; Hashish (Charas) 100 Kg.
Hashish Oil 20 Kg ; Ganja 1000 Kg.
Cocaine 2 Kg ; Mandrax 3000 Kg, poppy straw-upto 10MT, Other drugs- value upto 5 lakhs.
Where quantity exceeds above limits :
Head of the Department in consultation with Drug Disposal Committee may order destruction.

28. Certificate of destruction in Annexure – III :
Mode of disposal :
Opium, Morphine, Codeine, Thebaine – to be transferred to Government Opium & Alkaloids Factory. (Ghazipur/Neemuch).
Other drugs to be destroyed by incineration (burning)
Open destruction may be resorted to where feasible and necessary. Publicity should be given to the event.
Certificate of destruction in Annexure – III :
to be signed by members of Committee
original to be pasted in godown register
copy to be kept in seizure file
triplicate copy to be kept by Disposal Committee

29. Annexure III (in triplicate)
Particulars of the drugs
Seizures Case File Ref. No.
Godown Register Entry No.
As Recorded in the godown register
Weight ascertained on physical verification
Name & Address of witnesses
Date/Place/Mode of destruction
Gross Weight
Net Weight
It is certified that a committee of S/Sri _______________________________________ Supervised the destruction of narcotic drugs and psychotropic substances particularized above, in the presence of following witnesses (delete whatever is not applicable).
Signature with Date Signature with Date Signature with Date
(Chairman) (Member) (Member)

30. Annexure – I Godown Receipt Received (No
Annexure – I Godown Receipt Received (No.) __________________________packages/containers said to contain ________________(Description of Drugs) sealed with the seal No.______________________________ of officer and entered into godown vide entry No.__________________. Facsimile of the seal ___________________ Signature of the Officer-in-Charge Of godown with full name and official seal Place : Date :

31. FORMAT for GODOWN REGISTER
Annexure - II
FORMAT for GODOWN REGISTER
Godown entry S. No.
NDPS Crime No.
Description of drugs in the sealed packages/containers and other goods, if
any
 No. of packages/containers (drug-wise)
Quantity of drug(Package/containerwise)
Particulars of the test memos
Name(s) and Address(es) of accused
Name with official designation and address of seizing/depositing officer
Contd……………………….

32. Facsimile of the seal put on the packages/containers by the seizing
officer
Date and time of deposit
Particulars of exit and re-entry for exhibiting to court
Date and time of removal for disposal
Disposal particulars including destruction or dispatch to Central Govt.
Opium factory
Certificate of disposal including price payment particulars, from Govt.
Opium Factory where applicable
Remarks of the Inspecting Officer(s)

33. THANK YOU