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Section 45: Procedure where seizure of goods liable to confiscation not practicable

Narcotic Drugs and Psychotropic Substances Act, 1985 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 44 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 46

Legal Commentary & Landmark Judgments: Section 45

Section 45 of the NDPS Act establishes the procedure for situations where physical seizure of contraband or property liable to confiscation is impracticable due to volume or bulk, authorizing the officer to serve a formal prohibitory order restraining the owner from parting with or moving the goods.

  • Impracticability of Physical Seizure: Applies when it is not practicable to physically seize goods (e.g. standing crops, industrial chemical vats, heavy machinery, hazardous bulk chemicals) liable to confiscation.
  • Service of Statutory Prohibitory Order: Authorizes the empowered officer to serve an order on the owner or person in possession directing them not to remove, part with, or deal with the goods without prior permission.
  • Constructive Custody & Strict Compliance: Creates constructive legal custody; unauthorized disposal of goods under prohibitory order constitutes an independent criminal contravention.
Key Landmark Precedents:
  • Union of India v. Mohanlal (2016) 3 SCC 379: The Supreme Court issued pan-India directives on pre-trial disposal and sampling under Section 52A, holding that where goods cannot be immediately shifted under Section 45, representative samples must be promptly drawn and certified before a Magistrate.
  • Ram Dayal v. State of Rajasthan 2004 Cri LJ 4132 (Raj): The Rajasthan High Court held that invoking Section 45 without establishing genuine physical impracticability and leaving contraband unattended creates serious reasonable doubt regarding tampering.
Courtroom Practice & Strategic Litigation Guidance:

In defense, scrutinize the reasons recorded by the officer for not taking physical custody under Section 45. If the contraband was left on site without continuous police guard or formal seal, cross-examine on the risk of contamination or pilferage, breaking the evidentiary chain of custody.

Section 44 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 46