Disposal of seized narcotic drugs and psychotropic substances
Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with disposal of seized narcotic drugs and psychotropic substances. The Central Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the Off The Act came into force on 14 Nov 1985.
1[52A. Disposal of seized narcotic drugs and psychotropic substances.-- 2[(1) The Central Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the Official Gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that Government may, from time to time, determine after following the procedure hereinafter specified.]
(2) Where any 3[narcotic drugs, psychotropic substances, controlled substances or conveyances] has been seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered under section 53, the officer referred to in sub-section (1) shall prepare an inventory of such 3[narcotic drugs, psychotropic substances, controlled substances or conveyances] containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the 3[narcotic drugs, psychotropic substances, controlled substances] or conveyances or the packing in which they are packed, country of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the 3[narcotic drugs, psychotropic substances, controlled substances or conveyances] in any proceedings under this Act and make an application, to any Magistrate for the purpose of--
(a) certifying the correctness of the inventory so prepared; or
(b) taking, in the presence of such magistrate, photographs of 4[such drugs, substances or conveyances] and certifying such photographs as true; or
(c) allowing to draw representative samples of such drugs or substances, in the presence of such magistrate and certifying the correctness of any list of samples so drawn.
(3) Where an application is made under sub-section (2), the Magistrate shall, as soon as may be, allow the application.
(4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1972) or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying an offence under this Act, shall treat the innventory, the photographs of 5[narcotic drugs, psychotropic substances, controlled substances or conveyances] and any list of samples drawn under sub-section (2) and certified by the Magistrate, as primary evidence in respect of such offence.]
Section 52A, 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.
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.
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Sachin Dayaram Borse vs Courier Cell, Apsc, Mumbai Zone- Iii
Court's Decision & Legal Precedent
The conduct of an applicant, including operating through non-existent entities and failing to report known illegalities in a consignment, can establish a link to the conspiracy sufficient to deny bail under Section 37 of the NDPS Act.
On this section: Procedure for disposal of seized narcotic drugs and psychotropic substances.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… of any Narcotic Drugs and Psychotropic and controlled Substances and Conveyances is effected, the same shall be forwarded to the officer in-charge of the nearest police station or to the officer empowered under Section 53 of the Act. The officer concerned shall then approach the Magistrate with an application under Section 52A(ii) of the Act, which shall be allowed by the Magistrate as soon as may be required under Sub- Section 3 of Section 52A, as discussed by us in the body of this judgment under the heading "seizure and sampling". The sampling shall be done under the supervision of the magistrate as discussed in paras 13 and 14 of this …
Questions about Section 52A
What have the courts held on Section 52A of the Narcotic Drugs and Psychotropic Substances Act?
Sachin Dayaram Borse vs Courier Cell, Apsc, Mumbai Zone- Iii (31 Jan 2023) is the leading judgment on this section among those set out below: Procedure for disposal of seized narcotic drugs and psychotropic substances.
How do I find court cases under Section 52A 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 52A, section 52A NDPS Act, section 52A of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type ndps 52a(2) and 52a ndps supreme court. 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 Sachin Dayaram Borse vs Courier Cell, Apsc, Mumbai Zone- Iii (31 Jan 2023).
What should I read with Section 52A of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?
Its own text turns on section 53 (Power to invest officers of certain departments with powers of an officer-in-charge of a police station), so none of them can safely be read on its own.
When did Section 52A of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 52A of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 52A, 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
- 2. Definitions1747 words
- 68B. Definitions819 words
- 9. Power of Central Government to permit, control and regulate816 words
- 36A. Offences triable by Special Courts631 words
- 10. Power of State Government to permit, control and regulate568 words
- 42. Power of entry, search, seizure and arrest without warrant or authorisation507 words
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.