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Police to take charge of articles seized and delivered

Narcotic Drugs and Psychotropic Substances Act 1985 – Section 55 – Police to take charge of articles seized and delivered.

An officer-in-charge of a police station shall take charge of and keep in safe custody, pending the orders of the Magistrate, all articles seized under this Act within the local area of that police station and which may be delivered to him, and shall allow any officer who may accompany such articles to the police station or who may be deputed for the purpose, to affix his seal to such articles or to take samples of and from them and all samples so taken shall also be sealed with a seal of the officer-in-charge of the police station.

CASE LAW REFERENCE

The wording of Section 55 of the Act, 1985 are very clear that officer in-charge of the police station shall take charge of the articles and keep them in safe custody until the same are delivered for FSL examination or delivered by orders of the Magistrate. Momin Khan v. State of Chhattisgarh [Chhattisgarh High Court, February 24, 2022]

Momin Khan v. State of Chhattisgarh

Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 55 – Police to take charge of articles seized and delivered – Compliance of – Officer in-charge of the police station shall take charge of the articles and keep them in safe custody until the same are delivered for FSL examination or delivered by orders of the Magistrate. Hence it is a clear mandate which is required to be followed and regarding compliance of this provision the witnesses have made casual statements – Conviction against the appellants is not sustainable.