State Act

THE SIKKIM ANTI DRUGS ACT,2006

26. (1) The Government may, having regard to the nature of any controlled substances, their vulnerability to theft, substitutions, constraints of proper storage space or any other relevant considerations, by notification published in the Official Gazette, shall specify, as soon as may be after their seizure, be disposed by such officer and in such manner as the Government may, from time to time, determine after following the procedure hereinafter specified. (2) When any controlled substance have been seized and forwarded to the officer-in-charge of the nearest police station or to the officer concerned under Section 27, the officer referred to in sub-section (1) shall prepare an inventory of such substances containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the controlled substances or the packing in which they are packed, the name of the manufacturer and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the controlled substance in any proceedings under this Act and make an application, to any Magistrate for the purpose of – (a) certifying the correctness of the inventory so prepared; (b) taking, in the presence of such Magistrate, *15 photographs and videography of such drugs or substances and certifying such *15 photographs and videography as true; (c) allowing to draw samples of such drugs and substances by the Drugs Inspector *16 an Officer In Charge of the respective Police Station for analysis of the samples in a designated and approved testing laboratory. (3) Where an application is made under sub-section (2) the Magistrate shall, as soon as may be, allow the application. (4) Notwithstanding anything contained in the Indian Evidence Act, 1872 or the Code of Criminal Procedure, 1973, every court trying an offence under this Act, shall treat the inventory, the *15 photographs and videography of controlled substances, the list of samples drawn or the analytical reports thereof under sub-section (2) and certified by the Magistrate, as primary evidence in respect of such offence.