Drawal and storage of schedule x drugs

1. DRAWAL OF SAMPLES,
STORAGE AND DISPOSAL
OF NARCOTICS DRUGS

2. • 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.
LEGAL PROVISIONS

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…………
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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………..
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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.
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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. • 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. • 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 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. • 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. Particular
s 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
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.) __________________________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. 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

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)