Union of India vs Mohanlal & Anr

Union of India vs Mohanlal & Anr required the Supreme Court to address systemic inefficiencies and establish a uniform protocol for the disposal of seized narcotics and substances to prevent their recirculation into society.

Facts of Union of India vs Mohanlal & Anr

Union of India vs. Mohanlal & Anr case arose from a concern about the management and disposal of seized Narcotic Drugs and Psychotropic Substances (NDPS) under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). It highlighted challenges such as:

• Long-term storage of seized narcotics.
• Risk of pilferage and theft during storage.
• Confusion due to the existence of two overlapping notifications governing the disposal of seized narcotics.

Issues Raised

The issues raised in Union of India v. Mohanlal & Anr were:

1. What should be the procedure for disposing of seized narcotic drugs and psychotropic substances to prevent misuse and recirculation?
2. How can procedural clarity be achieved in managing seized narcotics under the NDPS Act?
3. What administrative measures should be implemented to ensure secure storage and timely disposal?

Union of India vs Mohanlal & Anr Judgement

The Supreme Court in Union of India versus Mohanlal & Anr delivered a landmark judgement to streamline the process of storage, management, and disposal of seized narcotics. The guidelines were issued under three categories:

Disposal of Drugs in Concluded Cases

• For cases concluded before May 29, 1989:
  • Drugs Disposal Committees (DDCs) must destroy seized narcotics without further verification or testing.
  • Department heads must supervise the process to ensure compliance.
  • Eliminating old stock minimises storage hazards and reduces the risk of pilferage.
• For cases concluded after May 29, 1989:
  • DDCs must assess the seized stock and supervise its destruction.
  • The department heads must ensure the process is completed efficiently.

Cases Pending in Courts

• For trials, appeals, or revisions that are ongoing:
  • Authorised officers must file applications under Section 52A(ii) of the NDPS Act for the disposal of seized narcotics.
  • Magistrates are required to expedite the approval of such applications.
  • Disposal must occur promptly to prevent excessive accumulation of narcotics in storage.

Guidelines for Seizure and Storage

The Court in Union of India vs Mohanlal issued specific directions for secure handling and storage of seized drugs:

• Seized substances must be forwarded to the officer-in-charge of the nearest police station or an officer empowered under Section 53 of the NDPS Act.
• Sampling of the narcotics must occur under the supervision of a magistrate.
• Storage facilities must be equipped with vaults, double locks, and robust security measures to prevent theft or tampering.
• Each district should have designated storage facilities with assigned officers responsible for managing and safeguarding the seized stock.

Key Observations of the Court in Union of India vs Mohanlal & Anr

• Continued storage of large quantities of narcotics in police malkhanas (storage rooms) poses significant security risks.
• Immediate destruction of narcotics not required as evidence eliminates risks of theft and misuse.
• The government and judiciary must collaborate to ensure compliance with storage and disposal protocols.

Follow-Up Measures

The Court directed the Central and State Governments to:

• Establish secure storage facilities within six months.
• Appoint supervisory officers for each facility.
• Implement measures outlined in Standing Order No. 1/89 for effective compliance.

Additionally, the Court requested Chief Justices of High Courts to appoint Committees of Judges to monitor state-level compliance with these directions.

Conclusion

The judgement in Union of India vs Mohanlal underscores the need for stringent measures to address systemic flaws in managing narcotic substances. It aligns judicial, administrative, and executive efforts to combat drug abuse and illicit trafficking effectively.