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NDPS Act: Seizure and Arrest Procedures

The document outlines the procedures and requirements for search, seizure, and arrest under the ND&PS Act, including necessary forms, memos, and checklists. It emphasizes the importance of following specific sections of the law, such as Sections 41, 42, and 50, to ensure legality in operations. Additionally, it details the protocols for handling samples and the submission of reports to relevant authorities.

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70 views4 pages

NDPS Act: Seizure and Arrest Procedures

The document outlines the procedures and requirements for search, seizure, and arrest under the ND&PS Act, including necessary forms, memos, and checklists. It emphasizes the importance of following specific sections of the law, such as Sections 41, 42, and 50, to ensure legality in operations. Additionally, it details the protocols for handling samples and the submission of reports to relevant authorities.

Uploaded by

hlutea.pc.97
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

ND&PS Act

At P.O :
Seizure index - mandatory (2 copies); one for seize article (with OC & Mag. Sign) and one
for case file.

Seizure Memo - mandatory u/s 185 BNSS (10. Details of property seized/recovered) (13.
Packed/sealed items with witnesses)

Arrest Memo u/s 35 BNSS

Memorandum of Arrest u/s 36 BNSS

Arrest intimation u/s 47 BNSS

Ground of Belief u/s 42 NDPS act (for night)

Malkhana Receipt

Audio video recording hash value generate on the spot

FORM 1 [See Rule 5(1)]

FORM 2 [See Rule 5(2)]

FORM 3 [See Rule 6(2)]

FORM 4 [See Rule 8] : Inventory list u/s 52A(2) of NDPS act

FORM 5 [See Rule 8 and Rule 18(1)] : Certificate of correctness of inventory, photographs
and samples…

List of Samples drawn (as per Section 52A (2)(c) of NDPS act

FSL Forwarding

FSL Certification

FORM 6 [Rule 13(2)] : Test Memo (2 copies to FSL) to be made by seizing officer

CHECKLIST for Search, Seizure and Arrest :


Videography

Seizure Index

Seizure Memo

Arrest Memo

Memorandum of Arrest

Arrest Intimation

Disclosure Statement (an thuhrukin)


Disclosure Statement (an thuhrukin)

Ground of Belief (between sunrise & sunset)**

Permission for Arrest of Female at Night

CHECKLIST for Drawing Samples in Court :


Original FIR, Prayer for Remand, etc

Video of Search and Seizure with Certification

Seized Article with Seizure Index attached

Inventory

Application for Certification and Disposal

List of Samples drawn

Sample Number

FSL forwarding with Test Memo


** FSL samples should be forwarded by Magistrate only. Police cannot forward hereinafter.

Information Report : OC should submit to SDPO if authorisation is given u/s 41. If it is


without authorisation u/s 42, seizing officer should give to OC/immediate officer.

Report of seizure and arrest : to be given to SDPO and he should sign it.

** Section 42 & 50 are mandatory otherwise the case is illegal.

** if more than one accused, the connection between them should be established.

** seizure witnesses should be present throughout seizure, at PO.


Sec 41 : with authorisation
Sec 42 : without authorisation
Sec.43: in public place.
** hotel is public place, but not hotel room.
** public conveyance is public place.
** private car parked in public is not public place. (Boota singh vs state of haryana, 2021)

Sec 50:
**accused has right to be search before GO/Mag/ search by apprehending person
**accused must be informed his right to be search in front of GO/Mag
** no possibility of GO/Mag search to be done in accordance with 100 Crpc
SEC 52A :
**preparation of inventory before Mag for certification.
**process of inventory, photograph, drawing samples in presence of accused. Mere drawing in
presence of GO not sufficient. (Bharat Aambale vs state of Chattisgarh, Crl appeal 250 of 2025)
Section 37 : Bail provision

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