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2021 DIGILAW 2302 (MAD)

. v. .

2021-09-07

B.PUGALENDHI

body2021
JUDGMENT : 1. These petitions are filed either seeking for bail or anticipatory bail, in respect of cases arising out of the offences under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act, 1985] mandates that no person accused of an offence punishable under Section 19 or Section 24 or Section 27-A of the NDPS Act and accused of an offence involving commercial quantity, shall be released on bail, unless the accused satisfies the twin conditions, viz., (i) there are reasonable grounds for pleading that the accused is not guilty of such offences and (ii) that he is not likely to commit any offence while on bail. 3. The Central Government by notification vide S.O.1055[E] dated 19.10.2001 has fixed possession of 20Kgs of Ganja as commercial quantity. 4. The allegation in the present cases is that the petitioners / accused were in possession of more than 20Kgs of Ganja and in view of the provisions under Section 37 of the NDPS Act, these petitions which are filed in the past one month are tagged together and are posted for hearing. 5. The approximate quantity of Ganja involved in these cases comes to 3847.92Kgs. This whopping quantity of Ganja involved in the petitions filed in a month expose the volume of Ganja in circulation within few districts, which is shocking and warrants serious consideration. 6. As per the data of the National Crime Records Bureau (NCRB), in between the years 2017 and 2019, around 11,858 cases under the NDPS Act were registered in this State. The State of Tamil Nadu ranks 5th place with the number of cases registered for the narcotic and psychotropic substances offences. 7. The United Nations conducted a survey and published a report on the World Drug Day that Surveys in India-2018 and Nigeria-2017, revealed that there is a steep increase in drug consumption and around 271 million people are using some form of drugs and around 13% suffered due to drug use disorders. Another report estimates that around 3.44 % boy and 3.88% girl students in the age group of 15 and 20 are drug addict. The data were tabled before the Rajya Sabha in the year 2016 that India recorded 10 suicide cases every day, due to drug or alcohol addiction. Another report estimates that around 3.44 % boy and 3.88% girl students in the age group of 15 and 20 are drug addict. The data were tabled before the Rajya Sabha in the year 2016 that India recorded 10 suicide cases every day, due to drug or alcohol addiction. The States of Maharastra, Madyapradesh, Tamil Nadu and Kerala are at the top of the table of the drug related suicides. 8. According to the National Crime Records Bureau (NCRB), there were 3647 such suicide cases reported in India in the year 2014, of which, Tamil Nadu accounted for 552 suicide cases. These reports not only frighten, but also expose the ground reality as to how Ganja and other drugs spoil the students and adolescents. 9. We are witnessing the emergence of juvenile crimes, such as chain snatching, sexual abuse and other offences. Taking note of the same, the Hon'ble Chief Minister of Tamil Nadu has made an announcement on the Floor of Assembly that Tamil Nadu Government would amend the Narcotic Drugs and Psychotropic Substances Act, 1985 so as to take stern action against the people peddling drugs like Ganja, Gudka., etc in and around schools and colleges. Further the Hon'ble Chief Minister has pointed out that within three months 10,673 cases have been registered and 149.43 tones of Ganja were seized. 10. Considering the seriousness of the offence under the NDPS Act, the legislators thought it fit and introduced the provisions under Section 37 of the NDPS Act prohibiting grant of bail only on certain conditions of those offences. 11. During the course of hearing in these petitions, some of the learned Counsel in these petitions levelled serious allegations as against the respondent Police that the cases are foisted by circulating the Ganja, which is available in the police station, mixing it with horse dung and saw dust, etc., The learned Counsel further submitted that without any materials, some of the accused have been roped in as co-accused, only through confession statements. 12. The main allegation levelled by the learned Counsel for the petitioners is that Ganja, which is recovered and kept in the custody of the police are diverted for foisting cases. One of the learned Counsel made a grave allegation that in the year 2019-2020 the police officials seized a container lorry bearing Registration No.TN 38 BC 2506 in Madurai with 1500 Kgs of Ganja. One of the learned Counsel made a grave allegation that in the year 2019-2020 the police officials seized a container lorry bearing Registration No.TN 38 BC 2506 in Madurai with 1500 Kgs of Ganja. But case was registered on the file of the Subramaniyapuram Police Station only for 332 kgs of Ganja on 10.11.2020 and the remaining 1168 kgs of Ganja were retained with the police and used for roping in others as accused. 13. In the NDPS Act and the Rules, there are specific provisions for seizure and sampling of the narcotic drugs and psychotropic substances, its storage and its destruction. 14. Section 52 of the NDPS Act deals with the arrest and seizure of the articles. Upon seizure of the contraband, the same has to be forwarded to the officer in-charge of the nearest police station or to the officer empowered under Section 53 of the Act. 15. Section 52-A of the NDPS Act, as amended, provides for disposal of the seized contraband stipulated by the Government under Section 52-A(1) of the Act. 16. Section 55 of the NDPS Act mandates the officer in-charge of the police station to take charge of any contraband and keep it in safe custody, pending orders of the Magistrate. In spite of the provisions available, the petitioners claim that there are certain procedural lapses in seizure, sampling and storage of contraband. 17. In a similar such plea made before the Hon'ble Apex Court in Union of India Vs Mohanlal and another reported in (2012) 7 SCC 712 , the Hon'ble Apex Court, by order dated 03.02.2012, raised the following queries with regard to the seizure, storage, disposal and destruction of the contraband: “11. We find considerable merit in the submissions made by Mr. Sinha. The problem is both wide-spread and formidable. There is hardly any State in the country today which is not affected by the production, transportation, marketing and abuse of drugs in large quantities. There is in that scenario no gainsaying that the complacency of the Government or the officers dealing with the problem and its magnitude is wholly misplaced. Sinha. The problem is both wide-spread and formidable. There is hardly any State in the country today which is not affected by the production, transportation, marketing and abuse of drugs in large quantities. There is in that scenario no gainsaying that the complacency of the Government or the officers dealing with the problem and its magnitude is wholly misplaced. While fight against production, sale and transportation of the NDPS is an ongoing process, it is equally important to ensure that the quantities that are seized by the police and other agencies do not go back in circulation on account of neglect or apathy on the part of those handling the process of seizure, storage and destruction of such contrabands. There cannot be anything worse than the society suffering on account of the greed or negligence of those who are entrusted with the duty of protecting it against the menace that is capable of eating into its vitals. Studies show that a large section of the youth are already victims of drug abuse and are suffering its pernicious effects. Immediate steps are, therefore, necessary to prevent the situation from going out of hand. 12. We, therefore, consider it necessary to direct collection of the information from the police heads of each one of the States through the Chief Secretary concerned on the following aspects: 12.1. Seizure 1. What narcotic drugs and psychotropic substances (natural and synthetic) have been seized in the last 10 years and in what quantity? Provide year- wise and district-wise details of the seizure made by the relevant authority. 2. What are the steps, if any, taken by the seizing authorities to prevent damage, loss and pilferage of the narcotic drugs and psychotropic substances (natural and synthetic) during seizure/transit? 3. What are the circulars /notifications /directions /guidelines, if any, issued to competent officers to follow any specific procedure in regard to seizure of contrabands, their storage and destruction? Copies of the same be attached to the report. 12.2. Storage 1. Is there any specified/notified store for storage of the seized contraband in a State, if so, is the storage space available in each district or taluka? 2. If a store/storage space is not available in each district or taluka, where is the contraband sent for storage purposes? Under what conditions is withdrawal of the contraband permissible and whether a Court order is obtained for such withdrawal? 3. 2. If a store/storage space is not available in each district or taluka, where is the contraband sent for storage purposes? Under what conditions is withdrawal of the contraband permissible and whether a Court order is obtained for such withdrawal? 3. What are the steps taken at the time of storage to determine the nature and quantity of the substance being stored and what are the measures taken to prevent substitution and pilferage from the stores? 4. Is there any check stock-register maintained at the site of storage and if so, by whom? Is there any periodical check of such register? If so, by whom? Is any record regarding such periodic inspection maintained and in what form? 5. What is the condition of the storage facilities at present? Is there any shortage of space or any other infrastructure lacking? What steps have been taken or are being taken to remove the deficiencies, if any? 6. Have any circulars/notifications/directions/guidelines been issued to competent officers for care and caution to be exercised during storage? If so, a copy of the same be produced. 12.3. Disposal/ Destruction 1. What narcotic drugs and psychotropic substances (natural and synthetic) have been destroyed in the last 10 years and in what quantity? Provide year-wise and district-wise details of the destruction made by the relevant authority. If no destruction has taken place, the reason therefor. 2. Who is authorised to apply for permission of the Court to destroy the seized contraband? Has there been any failure or dereliction in making such applications? Whether any person having technical knowledge of narcotic drugs and psychotropic substances (natural and synthetic) is associated with the actual process of destruction of the contraband? 3. Was any action taken against the person who should have applied for permission to destroy the drugs or should have destroyed and did not do so? 4. What are the steps taken at the time of destruction to determine the nature and quantity of the substance being destroyed? 5. What are the steps taken by competent authorities to prevent damage, loss, pilferage and tampering/substitution of the narcotic drugs and psychotropic substances (natural and synthetic) during transit from point of storage to point of destruction? 6. Is there any specified facility for destruction of contraband in the State? If so, a list of such facilities along with location and details of maintenance, conditions and supervisory bodies be provided. 7. 6. Is there any specified facility for destruction of contraband in the State? If so, a list of such facilities along with location and details of maintenance, conditions and supervisory bodies be provided. 7. If a facility is not available, where is the contraband sent for destruction purposes? Under whose supervision and what is the entire procedure thereof? 8. Is any record, electronic or otherwise prepared at the site of destruction of the contraband and by whom? Is there any periodical check of such record? What are the ranks/designation of the supervising officers charged with keeping a check on the same? 18. In compliance of the above directions, data were produced by the State of Tamil Nadu before the Hon'ble Apex Court, as follows: Item Total Quantity seized (in 10 years) Total Quantity Destroyed (in 10 years) Difference Ganja (Dry + Green) 656778 Kg 19366.98 637411.05 Kg (97.051%) 19. Taking note of the various reports in the said case, the Hon'ble Apex Court passed the following order: “20. To sum up we direct as under: (1) No sooner the seizure 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 order. (2) The Central Government and its agencies and so also the State Governments shall within six months from today take appropriate steps to set up storage facilities for the exclusive storage of seized Narcotic Drugs and Psychotropic and controlled Substances and Conveyances duly equipped with vaults and double locking system to prevent theft, pilferage or replacement of the seized drugs. The Central Government and the State Governments shall also designate an officer each for their respective storage facility and provide for other steps, measures as stipulated in Standing Order No. 1/89 to ensure proper security against theft, pilferage or replacement of the seized drugs. The Central Government and the State Governments shall also designate an officer each for their respective storage facility and provide for other steps, measures as stipulated in Standing Order No. 1/89 to ensure proper security against theft, pilferage or replacement of the seized drugs. (3) The Central Government and the State Governments shall be free to set up a storage facility for each district in the States and depending upon the extent of seizure and store required, one storage facility for more than one districts. (4) Disposal of the seized drugs currently lying in the police maalkhans and other places used for storage shall be carried out by the DDCs concerned in terms of the directions issued by us in the body of this judgment under the heading ’disposal of drugs’.” 20. With regard to the disposal of the drugs, the Hon'ble Apex Court has discussed as follows : “17. Section 52A as amended provides for disposal of the seized contraband in the manner stipulated by the Government under Clause 1 of that Section. Notification dated 16th January, 2015 has, in supersession of the earlier notification dated 10th May, 2007 not only stipulates that all drugs and psychotropic substances have to be disposed off but also identifies the officers who shall initiate action for disposal and the procedure to be followed for such disposal. Para 4 of the Notification inter alia, provides that officer-in-charge of the Police Station shall within 30 days from the date of receipt of chemical analysis report of drugs, psychotropic substances or controlled substances apply to any Magistrate under Section 52A(2) in terms of Annexure 2 to the said Notification. 18. Sub-para (2) of Para (4) provides that after the Magistrate allows the application under sub-section (3) of Section 52A, the officer mentioned in sub para (1) of Para (4) shall preserve the certified inventory, photographs and samples drawn in the presence of the Magistrate as primary evidence for the case and submit details of seized items to the Chairman of the Drugs Disposal committee for a decision by the Committee on the question of disposal. The officer shall also send a copy of the details along with the items seized to the officer in-charge of the godown. Para (5) of the notification provides for constitution of the Drugs Disposal Committee while para (6) specifies the functions which the Committee shall perform. The officer shall also send a copy of the details along with the items seized to the officer in-charge of the godown. Para (5) of the notification provides for constitution of the Drugs Disposal Committee while para (6) specifies the functions which the Committee shall perform. In para (7) the notification provides for procedure to be followed with regard to disposal of the seized items, while para (8) stipulates the quantity or the value upto which the Drugs Disposal Committee can order disposal of the seized items. In terms of proviso to para (8) if the consignments are larger in quantity or of higher value than those indicated in the table, the Drugs Disposal Committee is required to send its recommendations to the head of the department who shall then order their disposal by a high level Drugs Disposal Committee specially constituted for that purpose. Para (9) prescribes the mode of disposal of the drugs, while para (10) requires the Committee to intimate to the head of the Department the programme of destruction and vest the head of the Department with the power to conduct a surprise check or depute an officer to conduct such checks on destruction operation. Para (11) deals with certificate of destruction while paras (12) and (13) deal with details of sale to be entered into the godown register and communication to be sent to Narcotic Control Bureau. 19. There are two other aspects that need to be noted at this stage. The first is that notification dated 16th January, 2015 does not in terms supersede Standing Order No. 1/89 insofar as the said Standing Order also prescribes the procedure to be followed for disposal of Narcotic Drugs and Psychotropic and controlled Substances and Conveyances. Specific overriding of the earlier Standing Order would have avoided a certain amount of confusion which is evident on account of simultaneous presence of Standing Order No. 1/89 and notification dated 16th January, 2015. For instance in para (1) of Standing Order No. 1/89 only certain narcotic drugs and psychotropic substances enumerated therein could be disposed of while notification dated 16th January, 2015 provides for disposal of all Narcotic Drugs and Psychotropic and controlled Substances and Conveyances. For instance in para (1) of Standing Order No. 1/89 only certain narcotic drugs and psychotropic substances enumerated therein could be disposed of while notification dated 16th January, 2015 provides for disposal of all Narcotic Drugs and Psychotropic and controlled Substances and Conveyances. Again in terms of Standing Order No. 1/89 the procedure for making of application was marginally different from the one stipulated in Notification dated 16th January, 2015 not only insofar as the procedure related to the officers who could make the application is concerned but also in relation to the procedure that the DDC would follow while directing disposal. In both the notifications are prescribed the limits upto which the disposal could be directed. In case of excess quantity the disposal under the Standing Order No. 1/89 had to be done in the presence of the head of the Department whereas according to notification of 2015 in the event of excess quantity or value the disposal has to be by a high level Drug Disposal Committee to be constituted by the head of the Department. Again while Standing Order No. 1/89 specifically required the approval of the Court for disposal, notification dated 16th January, 2015 does not stipulate such approval as a specific condition. Be that as it may, to the extent the subsequent notification prescribes a different procedure, we treat the earlier notification/Standing Order No. 1/89 to have been superseded. In order to avoid any confusion arising out of the continued presence of two notifications on the same subject we make it clear that disposal of Narcotic Drugs and Psychotropic and controlled Substances and Conveyances shall be carried out in the following manner till such time the Government prescribes a different procedure for the same: Cases where the trial is concluded and proceedings in appeal/revision have all concluded finally: In cases that stood finally concluded at the trial, appeal, revision and further appeals, if any, before 29th May, 1989 the continued storage of drugs and Narcotic Drugs and Psychotropic and controlled Substances and Conveyances is of no consequence not only because of the considerable lapse of time since the conclusion of the proceedings but also because the process of certification and disposal after verification and testing may be an idle formality. We say so because even if upon verification and further testing of the seized contraband in such already concluded cases it is found that the same is either replaced, stolen or pilferaged, it will be difficult if not impossible to fix the responsibility for such theft, replacement or pilferage at this distant point in time. That apart, the storage facility available with the States, in whatever satisfactory or unsatisfactory conditions the same exist, are reported to be over-flowing with seized contraband goods. It would, therefore, be just and proper to direct that the Drugs Disposal Committees of the States and the Central agencies shall take stock of all such seized contrabands and take steps for their disposal without any further verification, testing or sampling whatsoever. The concerned heads of the Department shall personally supervise the process of destruction of drugs so identified for disposal. To the extent the seized Drugs and Narcotic Substances continue to choke the storage facilities and tempt the unscrupulous to indulge in pilferage and theft for sale or circulation in the market, the disposal of the stocks will reduce the hazards that go with their continued storage and availability in the market. Drugs that are seized after May, 1989 and where the trial and appeal and revision have also been finally disposed of: In this category of cases while the seizure may have taken place after the introduction of Section 52A in the Statute book the non-disposal of the drugs over a long period of time would also make it difficult to identify individuals who are responsible for pilferage, theft, replacement or such other mischief in connection with such seized contraband. The requirement of para 5.5 of standing order No. 1/89 for such drugs to be disposed of after getting the same tested will also be an exercise in futility and impractical at this distant point in time. Since the trials stand concluded and so also the proceedings in appeal, Revision etc. insistence upon sending the sample from such drugs for testing before the same are disposed of will be a fruitless exercise which can be dispensed with having regard to the totality of the circumstances and the conditions prevalent in the maalkhanas and the so called godowns and storage facilities. insistence upon sending the sample from such drugs for testing before the same are disposed of will be a fruitless exercise which can be dispensed with having regard to the totality of the circumstances and the conditions prevalent in the maalkhanas and the so called godowns and storage facilities. The DDCs shall accordingly take stock of all such Narcotic Drugs and Psychotropic and controlled Substances and Conveyances in relation to which the trial of the accused persons has finally concluded and the proceedings have attained finality at all levels in the judicial hierarchy. The DDCs shall then take steps to have such stock also destroyed under the direct supervision of the head of the Department concerned. (3) cases in which the proceedings are still pending before the Courts at the level of trial court, appellate court or before the Supreme Court: In such cases the heads of the Department concerned shall ensure that appropriate applications are moved by the officers competent to do so under Notification dated 16th January, 2015 before the Drugs Disposal Committees concerned and steps for disposal of such Narcotic Drugs and Psychotropic and controlled Substances and Conveyances taken without any further loss of time.” 21. The above guidelines were issued by the Hon'ble Apex Court as on 28.01.2016, but the same were not followed in its letter and spirit. Noting the same, this Court in Danraj Vs. Inspector of Police, K6, T.P. Chatram Police Station, Chennai reported in 2019-1-L.W. (Crl) 542 has also issued certain directions, which reads as follows: “78. However, in the interest of justice and to have a strict compliance of various provisions of the NDPS Act, especially in the context of seizure and production of the contraband and the safe custody of the same in between period, this Court wants to give the following directions to be followed strictly by the courts below and the prosecution in future : (i) Whenever contraband is seized (Narcotic substance), the same shall be produced before the Magistrate Court, along with the remand report, under Form 95. (ii) While such production is made before the Magistrate Court, the learned Magistrate shall ensure with the help of the Court staff and the prosecution that, the quantity of contraband claimed by the prosecution is available and in this regard, measurement shall also be taken under the supervision of the Magistrate. (ii) While such production is made before the Magistrate Court, the learned Magistrate shall ensure with the help of the Court staff and the prosecution that, the quantity of contraband claimed by the prosecution is available and in this regard, measurement shall also be taken under the supervision of the Magistrate. (iii) After ensuring the quantity of the contraband by taking the measurement, the Magistrate can direct the prosecution to produce the contraband immediately, i.e., on the next working day before the trial Court. (iv) Thereafter the prosecution shall keep the contraband in safe custody by entering in such custody Register / Malkhana Register with an endorsement of the police official who produced the same to the safe house and with the counter signature of the Guard who is incharge of the safe house. (v) The prosecution then shall take all endeavour to produce the contraband as directed by the Magistrate to the trial Court as far as possible on the next working day and if the trial Court by that time does not receive documents and on that ground not in a position to receive the contraband, efforts shall be taken by the trial Court to get the case papers transmitted to itself immediately and at any rate, within a period of three days, the contraband shall be produced before the trial Court. (vi) At the time of production of contraband before the trial Court, again, the same procedure as indicated above has to be undertaken by the learned trial Court Judge also to ensure the quantity of the contraband by taking the measurement and after ensuring the weight of the contraband, it shall be ordered to be kept in safe custody or to be disposed under the provision of the NDPS Act. (vii) Once the accused is produced for remand and the contraband is produced at the first instance before the Magistrate Court either on the date of seizure or within 24 hours from the time of seizure or arrest of the accused, the learned Magistrate concerned shall immediately on completion of such production of the accused and remand is made, take steps to transmit the case papers to the trial Court concerned. (viii) Before the trial Court, facility to measure the contraband with fine balances should be made available with necessary staff for the aforesaid exercise of weighing and measuring the contraband. (viii) Before the trial Court, facility to measure the contraband with fine balances should be made available with necessary staff for the aforesaid exercise of weighing and measuring the contraband. (ix) In this regard, the State Government shall ensure availability of such facilities in each of such trial Court under the NDPS Act. (x) If at all any delay is caused for unforeseen reason on the side of the prosecution to produce the contraband immediately to the Court, especially the trial Court, the contraband shall be kept in safe custody only at the safe custody room or locker specifically meant for this purpose. (xi) In this context, the State shall ensure that, every police station in the State of Tamil Nadu shall have such a safety locker or safe custody of contraband, where it must also be ensured with a safe custody Register being maintained where every entrustment of contraband or http://www.judis.nic.in seized material shall be entered into by the incharge of the safety room, which should be counter signed by the prosecuting officer of the case concerned and the same procedure shall be adopted when the contraband and seized goods are taken out from the safety room. (xii) Till such time, such a facility is made available in all the police station in the State of Tamil Nadu, the State Government must ensure that safe custody rooms or places with police Guard by 24x7 is available and in this context, the storage places one in each zone as proposed by the State Government pursuant to the direction of the Hon'ble Supreme Court in Crl.A.No.652 of 2012 as indicated in the status report of the Director General of Police, dated 23.03.2018 referred to above, shall be constructed at the earliest and till such storage places are made ready, alternative arrangements of storage places for safe custody of seized articles and contrabands shall immediately be made by the State Government and in this regard within a period of three months from the date of receipt of a copy of this direction, such arrangement shall be made available by the State Government and a compliance report shall also be filed by the Director General of Police, Government of Tamil Nadu before this Court.” 22. Subsequently, this Court in Crl.A.(MD) No.320 of 2009 in Karuppasamy Vs. State, dated 11.11.2019, has passed the following order : “7. Subsequently, this Court in Crl.A.(MD) No.320 of 2009 in Karuppasamy Vs. State, dated 11.11.2019, has passed the following order : “7. In reply to the query posed by this Court, based on the order of the Hon'ble Supreme Court, the learned Additional Public Prosecutor, on instructions from the Inspector of Police, submitted that there are 12 NIBCID Units functioning in the State and among the 12 units, construction has been commenced at Coimbatore, Tiruchirappali and Chennai Units. It appears that no steps have been taken with regard to the other units in this State. 8. The Hon'ble Supreme Court by order dated 28.01.2016 issued specific direction to the Central Government as well as to the State Governments to set up the storage facilities for the exclusive storage of seized narcotic substances within a period of six months from the date of order. However, it appears that the order of the Hon'ble Supreme Court was not complied with. In paragraph No.21 of the said order, the Hon'ble Supreme Court has issued further direction to the Chief Justices of the High Courts concerned to appoint a Committee of Judges on the Administrative Side to supervise and monitor the progress made by the respective States as well as on the Judicial Side to issue appropriate directions for speedy action in public interest, considering the importance of the subject involved. 9. Under such circumstances, this Court directs the Secretary, Home, Prohibition and Excise Department, to file a report about the steps taken by the State in compliance of the orders of the Hon'ble Supreme Court in setting up the storage facilities for the exclusive storage of the seized narcotic drugs and psychotropic substances with supporting documents on or before next hearing date.” 23. The learned State Public Prosecutor fairly submitted that after the orders of the Hon'ble Supreme Court, destruction of contraband was carried out in month of January 2019, however the destroyed quantity is not known and thereafter, destruction was not carried out. He further submitted that the Government vide G.O.Ms.No.48 Home, Prohibition and Excise (XVI) Department, dated 30.12.2020 constituted a new Drug Disposal Committee headed by the Joint Commissioner, Prohibition and Excise Department, Chennai and the Superintendent of Police, Narcotic Intelligence Bureau, Criminal Investigation Division, Chennai-8 and the Joint Director, Forensic Sciences Department, Chennai-4 as Members. He further submitted that vide Memorandum in R.C.No.187359-1/Crime. He further submitted that vide Memorandum in R.C.No.187359-1/Crime. 4(3)/2015, dated 02.09.2021, storage rooms (malkana) are established in six places in this State. 24. Mr. Arul Vadivel @ Sekar, learned Special Public Prosecutor appearing for NIB-CID submitted that the applications filed seeking permission for destruction are pending with the courts and this also causes delay in destroying the contraband. 25. In view of the rival submissions made on either side, this Court would like to ascertain the truth and as to how the orders of the Hon'ble Supreme Court in Union of India Vs. Mohanlal and another, are complied with. The learned Special Public Prosecutor shall collect the following details and file a report before this Court on or before 15.09.2021. 1. Number of cases registered for possession of 20Kgs of Ganja and more and how the contraband are preserved, for the past ten years? 2. Before the Hon'ble Apex Court, the State of Tamil Nadu has filed a report in the year 2016 that around 656778 Kgs of Ganja were seized for a period of 10 years and of which, only 19366.98 Kgs of Ganja alone were destroyed and the remaining 63411.05Kgs were available with the police in the year 2016. The details of the quantity of destruction of contraband and the remaining quantity available, in pursuance of the orders of the Hon'ble Supreme Court in Union of India Vs. Mohanlal and another. 3. The quantity of contraband destroyed in the year 2019 and the remaining quantity in safe custody as on date? 4. The details of the storage of the remaining contraband and the procedure, which is adopted in preserving the contraband under the safe custody? 5. What are the registers maintained for storage and disposal of the contraband and how it is reviewed and monitored? 26. The Registry is also directed to collect the above details with regard to the availability of the contraband in respect of the cases of possession of 20 Kgs of Ganja and more, from the respective Special Courts dealing with the cases under the NDPS Act, falling within the jurisdiction of the Madurai Bench. The Special Courts shall inspect the places and find out whether the contraband are intact under the safe custody. The Special Courts shall inspect the places and find out whether the contraband are intact under the safe custody. The Special Courts shall also file a report as to the number of cases pending as on date under the NDPS Act years wise and the details of the applications filed under Section 52-A of the NDPS Act by the prosecuting agency, seeking permission for destruction of the contraband pending from? The report shall be filed on or before 16.09.2021. Call on 16.09.2021.