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Section52
The Narcotic Drugs and Psychotropic Substances Act, 1985

Disposal of persons arrested and articles seized

In force From 14 Nov 1985 Act 61 of 1985 As on 15 Oct 2026

Act 61 of 1985 Ministry Finance Enacted 16 Sep 1985 In force 14 Nov 1985

Section 52 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with disposal of persons arrested and articles seized. Any officer arresting a person under section 41, section 42, section 43 or section 44 shall, as soon as may be, inform him of the grounds for such arrest. The Act came into force on 14 Nov 1985.

(1) Any officer arresting a person under section 41, section 42, section 43 or section 44 shall, as soon as may be, inform him of the grounds for such arrest.

(2) Every person arrested and article seized under warrant issued under sub-section (1) of section 41 shall be forwarded without unnecessary delay to the Magistrate by whom the warrant was issued.

(3) Every person arrested and article seized under sub-section (2) of section 41, section 42, section 43 or section 44 shall be forwarded without unnecessary delay to--

(a) the officer-in-charge of the nearest police station, or

(b) the officer empowered under section 53.

(4) The authority or officer to whom any person or article is forwarded under sub-section (2) or sub-section (3) shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or article.

Section 52, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 41 Power to issue warrant and authorisation
  2. s. 42 Power of entry, search, seizure and arrest without warrant or authorisation
  3. s. 43 Power of seizure and arrest in public place
  4. s. 44 Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant
  5. s. 53 Power to invest officers of certain departments with powers of an officer-in-charge of a police station

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Mohan Lal v. State of Punjab

    Supreme Court of India 16 Aug 2018 Binding (Supreme Court) Reportable (2018) 17 SCC 627

    Court's Decision & Legal Precedent

    The informant and the investigating officer cannot be the same person in an NDPS prosecution; that identity vitiates a fair investigation (later benches have confined the rule — still a teaching starting point).

    On this section: s.52 disposal of arrested persons/articles must be by an investigation independent of the informant.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 52

What have the courts held on Section 52 of the Narcotic Drugs and Psychotropic Substances Act?

Mohan Lal v. State of Punjab (16 Aug 2018) is the leading judgment on this section among those set out below: s.52 disposal of arrested persons/articles must be by an investigation independent of the informant.

How do I find court cases under Section 52 of the Narcotic Drugs and Psychotropic Substances Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NDPS Act 52, section 52 NDPS Act, section 52 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type ndps 52a and ndps 52 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mohan Lal v. State of Punjab (16 Aug 2018).

What should I read with Section 52 of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?

Its own text turns on section 41 (Power to issue warrant and authorisation), section 42 (Power of entry, search, seizure and arrest without warrant or authorisation), section 43 (Power of seizure and arrest in public place), section 44 (Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant), and on 1 further provision, so none of them can safely be read on its own.

When did Section 52 of the Narcotic Drugs and Psychotropic Substances Act come into force?

Section 52 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 52, came into force on 14 Nov 1985, having been enacted on 16 Sep 1985. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.