Jabalpur (Madhya Pradesh) [India], May 21 (ANI): Madhya Pradesh High Court has directed the state government to pay Rs 10 lakh compensation to a businessman, who had spent 57 days in jail after airport screening machines allegedly wrongly detected narcotic substances in packets of ‘aamchur’ and ‘garam masala’ he was carrying.
Justice Deepak Khot passed the order while hearing a writ petition filed by Ajay Singh, who had challenged his arrest and prolonged incarceration in a Narcotic Drugs and Psychotropic Substances (NDPS) case that was eventually closed after a forensic examination found no contraband in the seized samples.
According to the court order, Singh was travelling from Bhopal to Delhi on May 7, 2010, en route to Malaysia, when 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 ETD alert, CISF personnel detained him and an FIR was registered under Sections 8/21 of the NDPS Act at Gandhi Nagar police station in Bhopal.
It is submitted by learned counsel for the petitioner that a delay was made in testing the seized goods and returned the samples after 10 days on the ground of non-availability of facility for testing MDEA. Thereafter, the samples were sent to the Central Forensic Laboratory, Hyderabad, for testing the contraband. As per the report of CFL dated June 30, 2010, no contraband substance was found in the seized samples.
Following this, the petitioner was released on personal bond on July 2, 2010, after suffering incarceration in judicial custody for 57 days. Later, 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.
Singh filed the writ petition before the High Court seeking various directions, including a compensation of Rs 10 crores as notional compensation for the illegal detention of 57 days in jail due to illegal, irresponsible and casual acts of the responsible officers of the respondents and also towards mental agony, humiliation and loss of reputation caused him, his parents and family.
“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 Rs 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.
Apart from awarding compensation, the Court also issued directions to the State government to strengthen forensic infrastructure. The Chief Secretary of Madhya Pradesh is directed to inspect all Regional Forensic Science Laboratories within one month and ensure the availability of modern equipment and qualified personnel for scientific examination of prohibited substances to prevent similar incidents in future. (ANI)
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