Chandigarh | Procedural lapse leads to release of man apprehended with opium

The seizing team was not carrying a narcotics detection kit and thus had no way of establishing on the spot whether the seized item was afeem or not; the incident took place on July 21 when the team apprehended a 30-year-old man on charges of carrying “opium”.

The Chandigarh police’s drive against drugs has come under scanner after a “procedure lapse” on part of its operations cell team led to the release of a Sector-18 resident hours after he was apprehended for “possession of drugs”.

During verification, it was found that the seizing team was not carrying a narcotics detection kit and thus had no way of establishing on the spot whether the seized item was a banned item or not. (HT file)

The incident took place on July 21 when the team apprehended a 30-year-old man on charges of carrying “opium”. It was mentioned in the tehrir – a document handwritten by a sub-inspector (SI) of the seizing team which after endorsement by the SHO concerned is used for conversion into FIR– that they were patrolling on the stretch between Mauli Jagran Chowk and Railway Station around 7.40 pm when they spotted a youth with a polythene bag. The team claimed that the youth tried to walk away after seeing the police and even threw away the packet.

The tehrir – Hindustan Times has a copy – further mentioned that 1kg and 10gm opium was seized from the youth and it was weighed and sealed.

But later during verification, it was found that the seizing team was not carrying a narcotics detection kit and thus had no way of establishing on the spot whether the seized item was a banned item or not.

Verification pointed out the lapse

At 9.24pm, the first daily diary report (DDR) entry was made at the Mauli Jagran police station, setting in motion the process to register an FIR. Another DDR entry was made at 11.29pm, in which it was mentioned that during verification, it was found that 110gm opium was seized from the youth. The DDR further stated that the tehrir did not mention the use of a narcotics detection kit.

On checking verbally with the sub-inspector (SI) concerned, it was found that the team was not carrying the kit and hence the seized item could not be checked. The DDR thus mentioned that it cannot be said with surety that the recovered substance is “opium”. After this, deputy superintendent of police (DSP, Operations) Jasbir Singh was informed and as per the DDR, the cops were instructed to keep further proceedings in abeyance till the DSP’s arrival.

A DDR entry made at 12.52am stated that on checking the copy of tehrir and fard (police documents), it was found there was no mention of an NDPS kit. The SI in question told the DSP that they were on routine patrolling and hence not carrying the drug testing kit.

Following this, the DSP got the sealed samples checked with a narcotics detection kit. As this test failed it ascertain whether the contents were opium or not, the samples were sent to Central Forensic Science Laboratory (CFSL) in Sector 36, Chandigarh, for checking. The Mauli Jagaran station house officer (SHO) was also instructed to not file an FIR and the youth was released after bound-down.

DSP (operations) Jasbir Singh said, “The sealed sample has been sent to CFSL and once the report comes, further action would be taken as per procedure.”

Talking about the procedure, he said, “Whenever there is confusion, a CFSL report is sought before registering FIR.”

He, however, denied that seized contraband was understated in the DDR entry saying “Yeh kaise ho sakta hai (How is it possible?).”

It is pertinent to mention here that while the tehrir stated that 1kg, 10gm opium was seized, the DDR stated 110gm opium. Meanwhile, SP (Operations) Ketan Bansal said that he is not aware of the matter and will get it checked. Advocate Terminder Singh, termed it a “procedural lapse” and said, “Police should have ascertained whether it is a drug or not before apprehending the person.”

Procedure to be followed for arresting person with contraband

It is mandatory to comply with the provisions of Section 50 of the NDPS Act, which entitles the suspect with the right to be searched in presence of a magistrate or a gazetted officer.

The police team has to bring in an independent witness at the time of seizure.

No female shall be searched by anyone excepting a female.

After a search is conducted under sub-section (5), the officer shall record the reasons for such belief which necessitated such search and within 72 hours, send a copy thereof to his immediate official superior.