The Allahabad High Court has held that the detention of two accused in a narcotics case had no sanction of law after finding repeated violations of the statutory procedure governing seizure, sampling, testing and disposal of contraband.
The court observed,
“the detention of the petitioners by the respondents since their arrest from 26.10.2024 has no sanction of law” and further held that,
“Repeated violations of law have been committed by NCB., which stands proved from the material brought on record of the petitioners.”
A division bench of Justice Siddharth and Justice Vinai Kumar Dwivedi passed the order on September 28 on habeas corpus petitions filed by Amit Singh and Naveen Mann, seeking their release from illegal detention.
The petitions arose from an NCB case registered as Crime No. VIII/35/DZU/2024 after a raid at J-36, Site V, UPSIDC, Kasna Industrial Area, Gautam Budh Nagar, on October 25, 2024, in which 95.501 kg of alleged Mathamphatine, described as “ICE”, was seized.
The court found that the NCB had not obtained any quantitative analysis of the seized contraband and had destroyed or disposed of the case property without notice to the accused and without producing any judicial order authorising such action.
It noted that there was no documentary evidence to establish compliance with Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985.
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The bench further noted that the FSL conducted only a qualitative test on the samples. While the NCB had initially identified the recovered substance as “Amphetamine” through its test at the time of recovery, the FSL report found “Mephedrone”.
The court said this “raises serious doubt about the prosecution case.”
The court also found that the application filed by the NCB under Section 52-A(2) of the NDPS Act for certification of the seized contraband on October 28, 2024, was allowed only on April 26, 2025, after more than six months.
There was nothing on record to show where the samples had been stored during this period or whether the court had taken steps to certify their secure storage.
On the issue of testing, the court referred to Rules 13 and 14 of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022.
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It noted that Rule 13 requires the sample certified by the Magistrate to be sent to the forensic laboratory without delay, while Rule 14 provides for quantitative analysis within the prescribed period.
However, the samples in the present case were forwarded directly by NCB officials to the Central Revenue Control Laboratory, Delhi, rather than by the Magistrate.
The court therefore observed that “the veracity of the samples is also doubtful.”
The bench also examined the manner in which the investigation period was extended. The special court had granted the NCB an additional 60 days on April 19, 2025.
That order was subsequently set aside by the High Court on August 26, 2025, with liberty to the NCB to file a fresh application for extension.
However, no fresh application was filed and no fresh order extending the investigation period was passed.
The High Court consequently held that the complaint filed by the NCB was barred by time and that there was no valid cognizance order justifying the continued detention of the petitioners.
The court rejected the NCB’s reliance on the Supreme Court judgment in NCB v. Kashif, observing that the facts of that case were different.
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It noted that, in the present case, the disposal of the contraband had taken place without compliance with Rules 13 and 14, which the court described as mandatory.
The bench reiterated that “strict procedures under NDPS Act are required to be strictly complied, failing which accused would be entitled to bail or acquittal.”
Allowing both habeas corpus petitions, the High Court held the arrest of Amit Singh and Naveen Mann by the NCB and their detention in jail illegal.
It directed their release forthwith on furnishing a personal bond of Rs 2 lakh each with two sureties of the like amount to the satisfaction of the court concerned.
Case: Amit Singh and Another vs Union of India and 2 others
Case No: Habeas Corpus Writ Petition No. 582 of 2026
Date of Order: 28.09.2026
Status: Allowed
