HC awards Rs 10L to bizman jailed after condiments flagged as heroin at airport

Bhopal/Jabalpur: The Madhya Pradesh high court has awarded 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 allegedly flagged as heroin and psychotropic substances by an airport explosive detection machine at Bhopal airport.

Calling it a case of failure of state machinery and inadequate forensic infrastructure, Justice Deepak Khot held that the state was vicariously liable for his incarceration.

Hearing a petition filed by businessman Ajay Singh, the HC directed the state govt to pay the compensation within three months and ordered a statewide inspection of forensic science laboratories to ensure innocent people are not subjected to wrongful detention in future.

On May 7, 2010, when Singh was about to board a Jet Airways flight from Bhopal to Delhi en route to Malaysia. During routine security screening at the airport, packets of branded aamchur powder and garam masala in his baggage allegedly triggered alarms on an explosive trace detector (ETD) machine. Security personnel suspected the packets contained 1-4% heroin and 10% MDEA (methylenedioxy-N-ethylamphetamine), a psychotropic substance under the NDPS Act.

Singh was immediately detained, charged under the NDPS Act and sent to jail.

What followed, the court noted, exposed serious gaps in the state’s forensic system.

The seized samples were first sent to the Regional Forensic Science Laboratory (RFSL), Bhopal, which returned them, stating it lacked facilities to test for the suspected substance. The samples were then sent to the Central Forensic Science Laboratory (CFSL), Hyderabad, which eventually found no narcotic or contraband substance in the masala packets. Singh was finally released on July 2, 2010, after spending nearly two months in custody. A closure report was later accepted by a special NDPS court.

The petitioner argued that the ETD machine, manufactured abroad, was not calibrated for aromatic Indian spices, causing false positives. During proceedings, it was also pointed out that tests conducted on other brands of masala and aamchur similarly triggered alarms, raising concerns about the reliability of the airport screening mechanism.

The court, however, stopped short of blaming the airport authority or the machine manufacturer, observing that the ETD system was only indicative in nature and not conclusive proof of contraband. The judgment noted that such machines carry a margin of false alarms and require confirmation through scientific forensic examination.

Instead, the HC squarely blamed the state’s lack of laboratory preparedness, observing that had Madhya Pradesh possessed adequately equipped forensic facilities, Singh “could have been released within a short span of time” instead of languishing in jail for 57 days.

The HC ordered the MP 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 said, is to ensure “no other innocent can be kept in illegal confinement” due to lack of 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 HC did not grant those prayers, it gave Singh liberty to pursue separate civil proceedings for damages if he wished.