Garam masala flagged as drug, man spends 57 days in jail, gets Rs 10L in damages

BHOPAL/JABALPUR: The Madhya Pradesh high court has awarded Rs 10 lakh 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, the court held that the man’s fundamental right to life and liberty under Article 21 had been infringed and said the state was vicariously liable for his incarceration.

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

The episode dates back to 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, a case was registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, and he was sent to jail. But 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.

“Because of the lethargy and lack of standard laboratories in the state, the petitioner had to suffer incarceration for 57 days,” the court observed while awarding compensation.

In a significant direction, the HC ordered the MP chief secretary to inspect all regional forensic laboratories 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.