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The Madhya Pradesh High Court has decided to explore the feasibility of using forensic botany and soil testing under the Narcotic Drugs and Psychotropic Substances (NDPS) Act to apprehend individuals involved in the cultivation of illicit substances.

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April 1, 2024
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The Madhya Pradesh High Court has decided to explore the feasibility of using forensic botany and soil testing under the Narcotic Drugs and Psychotropic Substances (NDPS) Act to apprehend individuals involved in the cultivation of illicit substances.
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The Madhya Pradesh High Court, while hearing a third bail application filed by an accused allegedly involved in opium cultivation in an NDPS case, has initiated a study on the feasibility of using forensic botany to examine fields suspected of growing contraband.

The single-judge bench of Justice Anand Pathak emphasized the need to prevent cultivators from evading the law by citing false allegations from co-accused. Advocates Vibhore Sahu and Akashat Jain highlighted the potential of pollen grain and spore (palynology) studies in detecting the origin of psychotropic substances.

The court framed several questions, including whether DNA sampling, pollen grain/spores study, satellite monitoring, ground sampling, and soil testing can help identify regions where illegal substances are cultivated. It also explored the possibility of using carbon dating and other tools to trace the origin of the contraband.

The court suggested collaboration with the National Forensic Science University in Gandhi Nagar for expertise in NDPS-related matters. It emphasized the importance of investigating the role of apex perpetrators and main accused in NDPS cases, as previously directed in Arvind Singh v. State of M.P (2023).

The bail application filed by Mukesh Meena, arrested for offenses under Sections 8/15 of the NDPS Act, has been scheduled for further orders on 22.04.2024. The court’s initiative to explore scientific tools in NDPS case investigations reflects the need for a more comprehensive approach to tackling drug trafficking.

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