Businessman awarded ₹10 lakh by Madhya Pradesh HC after ‘aamchur, garam masala’ mistaken for drugs | Today’s news
A businessman who spent 57 days in jail after airport screening machines allegedly wrongly detected narcotics in packets of spice will receive compensation of ₹10 lakhs. Businessman Ajay Singh was traveling from Madhya Pradesh’s capital Bhopal to Delhi on May 7, 2010, on his way to Malaysia. During his trip, “the Explosive Trace Detector (ETD) at the Bhopal airport reportedly detected traces of heroin and MDEA in packets of branded ‘aamchur’ and ‘garam masala’ found in his luggage”.
Following the alert, CISF personnel apprehended Singh and subsequently an FIR under Section 8/21 of the NDPS Act was registered at the Gandhi Nagar police station in Bhopal. He was later jailed for 57 days and released on July 2, 2010, on personal remand.
Ajay Singh is approaching the Supreme Court
After forensic examination found no contraband in the seized samples, the Narcotic and Psychotropic Substances (NDPS) case against Ajay Singh was closed. According to reports, “The police filed a final report before the Special Judge, NDPS Act, Bhopal and the petitioner was released vide bail order dated 2 July 2010. Thereafter, the expungement report submitted by the police was accepted by the Special Court, NDPS Act order dated 10 December 2010.”
After the case was closed, Singh filed a petition in the High Court challenging his arrest and the time he spent in jail. He asked the court for several directions, including fictitious compensation ₹10 million 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 random actions” of the officers in question. He also said that the incident had caused severe mental agony, humiliation and reputational damage to him and his family.
What did the court say in its ruling?
The court noted that delays and inadequate forensic facilities in the state led to Singh’s long imprisonment.
“In the considered opinion of this Court that due to lethargy and non-existence of standard laboratories in the State, the petitioner had to suffer in jail for 57 days. Thus, the State is vicariously responsible for the action of the respondent authority for keeping him in jail for 57 days and finally finding it to be on wrong basis, applied the principle of Apex Act. to be the most suitable case of illegal detention, violating the fundamental right to life and freedom of the petitioner. This court considers it appropriate to award damages ₹10 lakh to petitioner Ajay Singh who remained in custody for 57 days to be paid by the State Government. within a period of three months from the date of submission of a certified copy of this order,” the court’s order said.
What instructions were issued to the Madhya Pradesh government?
The Chief Secretary of Madhya Pradesh has reportedly been directed to inspect all regional forensic science laboratories within a month. The court also asked the authorities to ensure availability of modern equipment and qualified personnel for scientific examination of banned substances to prevent similar incidents in future.
