Madhya Pradesh High Court has asked the government to pay ₹10 lakh to a man who was jailed for 57 days after airport screening machines allegedly mislabelled “aamchur” and “garam masala” as narcotic substances. The court further instructed the government to strengthen forensic infrastructure.
What had happened?
The court order indicates that the incident occurred when businessman Ajay Singh was travelling from Bhopal to Delhi on May 7, 2010, en route to Malaysia. During his trip, an “Explosive Trace Detector (ETD) machine at Bhopal airport allegedly detected traces of heroin and MDEA in packets of branded 'aamchur' and 'garam masala' found in his baggage.”
Following the alert, CISF personnel detained Singh, and later, an FIR was registered under Sections 8/21 of the NDPS Act at the Gandhi Nagar police station in Bhopal. Eventually, he was in jail for 57 days and released on July 2, 2010, on personal bond.
What happened next?
According to reports, “a closure report was filed by the police before Special Judge, NDPS Act, Bhopal and the petitioner was released on bail vide order dated July 2, 2010. Thereafter, the Expunge Report submitted by the Police was accepted by the Special Court, NDPS Act vide order dated December 10, 2010.”
Ajay Singh’s writ petition:
When the Narcotic Drugs and Psychotropic Substances (NDPS) case was closed after a forensic examination found no contraband in the seized samples, Singh filed a writ petition challenging his arrest and prolonged incarceration.
What did Ajay Singh demand?
{{/usCountry}}When the Narcotic Drugs and Psychotropic Substances (NDPS) case was closed after a forensic examination found no contraband in the seized samples, Singh filed a writ petition challenging his arrest and prolonged incarceration.
What did Ajay Singh demand?
{{/usCountry}}He filed the writ petition before the High Court seeking various directions. It also included a notional compensation of ₹10 crores, citing illegal detention for 57 days in jail.
According to the court documents, Singh claimed he was incarcerated due to illegal, irresponsible and casual acts of the responsible officers. He also alleged that the incident caused mental agony, humiliation and loss of reputation to him, his parents and family.
What was he awarded?
"In the considered opinion of this court that because of the lethargy and not having the standard laboratories in the state, the petitioner had to suffer incarceration for 57 days. Therefore, as per the dictum of the Apex court, the state is vicariously liable for the act of the respondent authority for keeping him in prison for 57 days and ultimately found to be on a faulty basis. Therefore, applying the principle of the law laid down by the Apex court, finding it to be the most suitable case for illegal confinement, infringing the fundamental right of life and liberty of the petitioner. This court finds it appropriate to award compensation to the tune of ₹10 lakh to the petitioner, Ajay Singh, who remained in custody for 57 days, to be paid by the State Govt. within a period of three months from the date of production of a certified copy of this order," the court order read.
Reportedly, the Chief Secretary of Madhya Pradesh has been directed to inspect all Regional Forensic Science Laboratories within one month and ensure the availability of modern equipment and qualified personnel for the scientific examination of prohibited substances to prevent similar incidents in the future.