The Madhya Pradesh High Court has directed the state government to pay Rs 10 lakh in compensation to a businessman who spent 57 days in jail after packets of aamchur (dry mango powder) and garam masala in his luggage were mistakenly flagged as heroin and psychotropic substances by an explosive trace detector (ETD) machine at Bhopal airport.
Court's Ruling on State Liability
Justice Deepak Khot, presiding over the case, termed the incident a failure of state machinery and inadequate forensic infrastructure. He held that the state was vicariously liable for the wrongful incarceration of the petitioner, Ajay Singh. The court ordered the state government to pay the compensation within three months and directed a statewide inspection of forensic science laboratories to prevent future wrongful detentions.
Incident Details
On May 7, 2010, Singh was about to board a Jet Airways flight from Bhopal to Delhi, en route to Malaysia, when security screening detected suspicious packets in his baggage. The ETD machine indicated the presence of 1-4% heroin and 10% MDEA, a psychotropic substance under the NDPS Act. Singh was immediately detained, charged under the NDPS Act, and sent to jail.
The court noted that the case exposed serious gaps in the state's forensic system. The seized samples were first sent to the Regional Forensic Science Laboratory (RFSL) in Bhopal, which returned them, citing a lack of facilities to test for the suspected substances. Subsequently, the samples were sent to the Central Forensic Science Laboratory (CFSL) in Hyderabad, which found no narcotic or contraband substances in the masala packets. Singh was finally released on July 2, 2010, after nearly two months in custody. A closure report was later accepted by a special NDPS court.
False Positives from Spices
The petitioner argued that the ETD machine, manufactured abroad, was not calibrated for aromatic Indian spices, leading to false positives. During proceedings, it was revealed that tests on other brands of masala and aamchur also triggered alarms, raising concerns about the reliability of the airport screening mechanism. The court, however, did not hold the airport authority or the machine manufacturer responsible, noting that ETD systems are only indicative and require confirmation through forensic examination.
Blame on Forensic Infrastructure
The High Court squarely blamed the state's lack of laboratory preparedness. It observed that had Madhya Pradesh possessed adequately equipped forensic facilities, Singh could have been released promptly instead of languishing in jail for 57 days. The court ordered the Madhya Pradesh chief secretary to inspect all regional forensic labs within a month and ensure they are equipped with modern facilities and trained personnel to scientifically examine prohibited substances. The objective, the court stated, is to prevent any innocent person from being illegally confined due to inadequate testing infrastructure.
The petitioner had sought Rs 10 crore compensation and a CBI probe into the procurement of ETD machines, besides action against erring officials. While the court did not grant these prayers, it allowed Singh the liberty to pursue separate civil proceedings for damages if he wishes.
