Karnataka HC Acquits Nigerian Man In NDPS Case Over Samples Drawn Without Magistrate, Directs FRRO To Deport Him As Per Law

The prosecution alleged that the appellant was apprehended at Yeshwanthapura Railway Station on 17 February 2020 while carrying a shoulder bag containing 700 grams of a substance that field-tested positive for methaqualone.

Officers drew two samples of 5 grams each at the station, without a Magistrate present.

The Trial Court convicted the appellant under Section 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”), and sentenced him to ten years’ rigorous imprisonment and a fine of ₹1,00,000.

He appealed, challenging, among other matters, compliance with Sections 42, 50 and 52A of the NDPS Act.

Section 52A of the NDPS Act provides for preparation of an inventory of seized narcotic drugs or psychotropic substances, with the Magistrate’s certification, and for photographs and representative samples to be taken in the Magistrate’s presence and certified.

Relying on Union of India v. Mohan Lal, (2016) 1 SCC (Cri) 864, and Mangilal v. State of Madhya Pradesh, (2023) 19 SCC 364, the Court stated that samples drawn by enforcement officers at the place of seizure, rather than in accordance with Section 52A, are invalid and vitiate the primary evidence.

The record contained no evidence that the Investigating Officer had complied with Section 52A. In particular, PW6 stated that the samples were taken at Yeshwanthapura Railway Station in the absence of a Magistrate.

Applying the cited authorities, the Court held that this failure undermined the evidentiary basis for the prosecution’s case and that the Trial Court erred in convicting the appellant. Although the appellant also raised objections under Sections 42 and 50, the Court’s decision rested on non-compliance with Section 52A.

It cancelled any bail bonds, directed that any deposited amount be returned upon proper identification, and directed the Foreigners Regional Registration Officer to deport the appellant to his native country in accordance with law.