Surepally Srinivas vs State Of Andhra Pradesh 2025 INSC 414 - S. 52A NDPS Act - Non Compliance

Non-Compliance Of Section 52A NDPS Act and Standing Orders

NDPS Act - Section 52A - What is to be seen is whether there has been substantial compliance with the mandate of Section 52-A and if not, the prosecution must satisfy the court that such non-compliance does not affect its case against the accused - Referred to Bharat Ambale v. State of Chattisgarh - To avoid suspicious circumstances and to ensure fair procedure in respect of search and seizure, it is always desirable to follow the standing order which provides suitable guidance for the officers investigating crimes under the NDPS Act. Should there be any departure, the same must be based on justifiable and reasonable grounds. [Context: In this case , the Investigating Officer kept the seized contraband in a separate room in his office for fifteen days - SC observed: This could give rise to an allegation that the seized contraband was by itself substituted and some other items planted to falsely implicate the accused.]