None present on behalf of appellant. Sri Sanjay Kumar Singh, learned counsel for the Union of India is present.
Union of India through Narcotics Control Bureau, Lucknow has moved a Criminal Misc. Application No. 211002 of 2015 in the present appeal under Section 374(2) of Cr.P.C., whereby it is prayed that a suitable order or direction may be issued and permission be granted for destruction/disposal of 14.550 Kgs. of Heroin (case property of this case), to the Drug Disposal Committee/authorities of Narcotics Control Bureau, Lucknow.
Learned counsel for the appellant has not filed any objection. Regarding disposal of such type of drugs, procedure is mentioned in Section 52-A of the N.D.P.S. Act.
Hon'ble Apex Court in the case of Union of India Vs. Mohanlal and another, reported in 2016 (93) ACC 546, also issued direction regarding disposal of such type of drugs, which are being re-circulated in the market.
This application is moved just to follow the procedure given in Section 52-A of the N.D.P.S. Act, and in the circumstances the application can very well be allowed.
In view of the above, Criminal Misc. Application No. 211002 of 2015 is allowed with following directions:-
(a) liberty is being given to the respondent - Union of India to move a proper application along with certified copy of the order before concerned Magistrate/Committee/Special Judge, under Section 52 A of the N.D.P.S. Act, which application shall be considered and disposed off by the concerned Magistrate/Committee/Special Judge within a period of three weeks from the date of filing of such application in accordance with law;
(b) liberty is also given to the concerned Magistrate/Committee/Special Judge, to consider the request of Union of India for destroying of confiscated drugs in accordance with law after following the procedure as established under the Act and relevant circulars, which may be produced before concerned Magistrate/Committee/Special Judge.
With the aforesaid direction, the application is disposed off finally.
Due to non presence of the appellant, the case is passed over for the day regarding the argument of appeal on merits.
List in due course.
Order Date :- 02.08.2016 Vinod.