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Section 48: Power of attachment of crop illegally cultivated

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 47 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 49

Legal Commentary & Landmark Judgments: Section 48

Section 48 of the NDPS Act empowers Judicial Magistrates and authorized Gazetted Officers under Section 42 to order the attachment and destruction of illegally cultivated crops of opium poppy, cannabis, or coca plant during the pendency of proceedings.

  • Competent Authorities: Vests power in a Metropolitan Magistrate, Judicial Magistrate First Class, specially empowered Executive Magistrate, or any Gazetted Officer authorized under Section 42.
  • Order of Crop Attachment: Authorizes the attachment of any standing crop of opium poppy, cannabis plant, or coca plant reasonably believed to be illegally cultivated.
  • Destruction & Safeguards: The authority may pass orders for the destruction of the standing crop; however, valid representative samples must be preserved and certified under Section 52A before destruction.
Key Landmark Precedents:
  • Union of India v. Mohanlal (2016) 3 SCC 379: The Supreme Court emphasized that any destruction of narcotic contraband or standing crops must strictly follow the Section 52A protocol under magisterial supervision with inventory and photographic certification.
  • Karamjit Singh v. State of Punjab 2008 Cri LJ 4310 (P&H): The High Court held that destruction of standing poppy crop under Section 48 without taking representative samples in accordance with law vitiates the trial, as the corpus delicti cannot be verified.
Courtroom Practice & Strategic Litigation Guidance:

In cases where standing crops were destroyed under Section 48, check whether the investigating officer complied with the magisterial sampling protocol under Section 52A. If the crop was destroyed without a Magisterial certificate, photographs, and inventory panchnama, move for acquittal on the ground that the primary corpus delicti was unlawfully destroyed.

Section 47 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 49