Garam masala mistaken for heroin, Madhya Pradesh High Court awards Rs 10 lakh compensation for 57-day jail term
The court noted that though the arrest was made with reasonable apprehension, the person could have been released quickly if the state machinery had been equipped with proper examination of the contraband.
The case pertained to an incident at Bhopal airport where a businessman was travelling to Delhi en route to Malaysia. (Image generated using AI) The Madhya Pradesh High Court has awarded Rs 10 lakh compensation to a businessman who spent 57 days in jail after airport security equipment mistook packets of aamchur and garam masala for heroin and psychotropic substances.
Justice Deepak Khot noted that though the arrest was made with reasonable apprehension, the person could have been released within a short span of time if the state machinery had been equipped with proper chemical examination of the contraband.
“Applying the principle of the law laid down by Hon’ble Apex court finding it to be most suitable case for illegal confinement, infringing the fundamental right of life and liberty of the petitioner, this court finds it appropriate to award compensation to the tune of Rs.10 Lacs to the petitioner,” the court held in its order dated April 27.
Justice Deepak Khot awarded the compensation.
Garam masala or heroin?
- The case pertains to an incident at Bhopal airport where a businessman was travelling to Delhi en route to Malaysia.
- During routine security screening, Explosive Trace Detector (ETD) machines indicated that packets of aamchur and garam masala allegedly contained heroin and Mytheylene Dioxym N-Ethylamphetamine (MDEA), leading to his arrest under the NDPS Act.
- An investigation was conducted and seized packets of powder were sent to regional forensic laboratory.
- It was alleged that the regional forensic laboratory returned the samples after ten days on the ground of non-availability of facility for testing MDEA.
- The petitioner remained in custody for 57 days before the Central Forensic Science Laboratory (CFSL), Hyderabad reported that the seized samples did not contain any contraband substance. A closure report was subsequently filed and accepted by the special NDPS court.
Arguments
- Before the high court the petitioner argued that the ETD machine was faulty and is manufactured in Canada and is not calibrated to test aromatic Indian spices.
- Therefore, the petitioner prayed for strict action against the erring officials and sought compensation for the harassment, mental agony and pain suffered by the petitioner during custody for 57 days.
- On the other hand, senior counsel for the airport authority of India submitted that detection of narcotics/contraband item is an optional feature of ETD.
- It was argued that the AAI is responsible for procurement and maintenance of ETDs and the responsibility for operation and further action is of other agencies i.e. CISF and airline operator.
- The counsel for the state stated that there was no allegations of malice alleged against any official of the state government.
- Further, it was submitted that there was procedural delay in sending the samples to central forensic laboratory for which state officials could not be condemned.
‘State vicariously liable’
The court observed that a person is required to be suitably compensated for infringement of the fundamental right to life of a citizen by a public servant and the state is vicariously liable for their acts.
It further added that the citizen must receive the compensation from the state which shall have the right to be indemnified by the wrongdoer.
“The relief to redress the wrong for the established invasion of the fundamental rights of the citizen, under the public law; jurisdiction is, thus, in addition to traditional remedies and not in derogation of them,” the court noted.
The court observed that the regional forensic lab was found to be not having the facility of qualitative and quantitative examination of contraband, which has been alleged to be mixed with the masalas.
“It is for the State to understand that why such infrastructure and deployment of highly qualified persons have been made in RFSLs, when they cannot give any opinion in lack of equipments,” the court noted.
The court remarked that the petitioner had to remain in jail for no fault of his.
“When cases like in hand are sent for the investigation/examination to RFSL, no opinion was given and finally when the samples were sent to CFSL it was found that it does not contain contraband, which took about 57 days of petitioner’s life suffered in jail for no fault on his part,” the court remarked.
The court observed that since the matter had remained pending before it since 2011, it would not be appropriate to relegate the petitioner to pursue a civil suit merely on technical grounds in 2026.
However, it clarified that the petitioner would still be at liberty to institute an appropriate civil suit for damages or wrongful acts against the wrongdoers in light of the law laid down by the Supreme Court.
Holding the state vicariously liable for the violation of the petitioner’s liberty, the court awarded Rs 10 lakh compensation and directed payment within three months.
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