Businessman Awarded ₹10 Lakh By Madhya Pradesh HC After 'Aamchur, Garam Masala' Mistaken For Drugs

(MENAFN- Live Mint) A businessman who spent 57 days in jail after airport screening machines allegedly wrongly detected narcotic substances in packets of spices will be awarded compensation of ₹10 lakh entrepreneur, Ajay Singh, was travelling from Madhya Pradesh' s capital, Bhopal, to Delhi on May 7, 2010, en route to Malaysia. During his trip, 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 alarm, CISF personnel detained Singh and subsequently an FIR was registered under Sections 8/21 of the NDPS Act at Gandhi Nagar police station in Bhopal. He was later put in jail for 57 days and released on July 2, 2010, on a personal bond.

Ajay Singh approached the high court

After a forensic examination found no contraband in the seized samples, the Narcotic Drugs and Psychotropic Substances (NDPS) case against Ajay Singh was closed. According to reports,“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.”

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Following the closure of the case, Singh filed a writ petition before the High Court challenging his arrest and the time he spent in jail. He sought several directions from the court, including notional compensation of ₹10 crore for what he described as illegal detention for 57 days.

What allegations did Singh make?

According to court documents, Singh claimed he was jailed because of the“illegal, irresponsible and casual acts” of the officers concerned. He also said the incident caused severe mental agony, humiliation and damage to the reputation of both him and his family.

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The court observed that delays and inadequate forensic facilities in the state led to Singh's prolonged imprisonment.

"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 ₹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.

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Reportedly, the Chief Secretary of Madhya Pradesh has been directed to inspect all Regional Forensic Science Laboratories within one month. The court also asked the authorities to ensure the availability of modern equipment and qualified personnel for the scientific examination of prohibited substances to prevent similar incidents in future.

(With inputs from news agency ANI)

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