Common Errors committed by the officers during the investigation & preparation of documents. – Discussion on relevant case laws.

ERRORS COMMITTED BEFORE OPERATION

Composition & briefing of team/ Presence of lady member

No prior intimation or permission from the senior officers;

Not recording information/ reasonable belief; Inadequate knowledge of the area / modus operandi; No preliminary accessories / equipments with the

team. Inadequate processing of information.

Inadequate knowledge of The NDPS Act or Rules,1985; No independent witnesses present. Non-compliance of Section: 41/42 of The NDPS Act,

1985 Non-compliance of Section:50 of The NDPS Act, 1985; No preliminary test conducted; No preliminary weighment done;

ERRORS COMMITTED DURING OPERATION

Non-drawl of proper samples;

Seizure list not prepared on spot

ERRORS COMMITTED DURING OPERATION

Recording of statements u/s 67

Accused / witnesses to be cautioned.

Statements to be voluntary.

Statements may be written by the accused if

literate and signed.

If illiterate may be written by IO in the

language of the accused and read over to

him

ERRORS COMMITTED IN PREPARATION OF DOCUMENTS

Incomplete details of the accused persons;

Specific statute missing in the seizure list;

No Brief of the recovery procedure;

No Brief of the weighment / sample drawl;

Incomplete details of witnesses;

Not mentioning the time;

Not taking signature of the owner, witnesses;

Not supplying of copy to the person concerned;

Not interrogating of the accused on the spot;

No signature of the accused showing receipt;

No sealing or seizure of the goods on the spot;

Non-preparation of labels;

No signature on the labels prepared.

FILING COMPLAINT

Complaint to be filed within 180 days for offences u/s 19,24,27A and Commercial quantities.For others 60/90 days as the case may be.Complaint may be filed by an officer other the seizing officer.

FINANCIAL INVESTIGATIONCheck applicability as per section 68 A Identify of property of accused, relatives and associates Check title of property.Check period of acquisition of property It should within 6 years from date of offence

Establish that the property identified can not be purchased from known-sources of the accused.

Freezing order to be prepared as per guide lines /format given by the Competent Authority.

Freezing order to be sent to Competent Authority with in 48 hours.