Delhi,1 March (HS): The Supreme Court has set aside an order of the Allahabad High Court that directed the Director of the Narcotics Control Bureau (NCB) to pay ₹5 lakh as compensation to a man for alleged wrongful confinement.

In this case, in a joint operation, the NCB seized 1,280 grams of brown powder (allegedly heroin) from the possession of one Man Singh Verma and one Aman Singh. Accordingly, a criminal case was registered against Verma under Sections 8(C), 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and he was remanded to judicial custody.

While awaiting results from the laboratory, the accused filed a plea before Special Judge, NDPS, Barabanki district, seeking bail, which was rejected. The accused approached the high court against the order.

On January 30, 2023, the laboratory issued its report stating that the sample tested negative for heroin and other narcotic substances. Later, the sample was sent to the Central Forensic Science Laboratory (CFSL), Chandigarh, for further examinations.

On April 5, 2023, the report received from CFSL, Chandigarh, found that the second set of samples also tested negative for any narcotic substance.

The top court said the grant of compensation was without the authority of law, as the high court had overstepped its jurisdiction.

The case involved the seizure of a substance from the possession of the man, which was initially tested positive for heroin, leading to his arrest and remand to judicial custody.

However, subsequent laboratory tests found the substance to be negative for any narcotic substances, and the man was eventually released.

The high court had observed that the man was wrongfully confined for four months and directed the NCB to pay compensation, but the Supreme Court found this order to be erroneous

Hindusthan Samachar / Jun Sarkar