Case Note & Summary
The applicant, Ashish Devidas Morkhade, a Police Sub-Instructor, was the investigating officer in Crime No.318/2021 registered under Sections 20(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for recovery of 78.360 kg of Ganja. He took over investigation from 27.08.2021. The charge sheet was not filed within 180 days, leading the accused to apply for default bail under Section 167(2) CrPC on 25.01.2022. The Special Judge granted bail on 28.01.2022 and, while doing so, observed that the investigating officer's failure to file charge sheet within time constituted an offence under Section 59(1) NDPS Act. The Special Judge directed the Special I.G., Nagpur Zone and Superintendent of Police, Nagpur (Rural) to take action for registration of crime against the applicant. Pursuant to this direction, departmental proceedings were initiated and the applicant was suspended. Later, on 08.04.2022, the Special Judge convicted and sentenced the accused in the main trial. The applicant challenged the direction for registration of crime. The High Court held that the Special Judge had no jurisdiction to direct registration of a crime under the NDPS Act without following the procedure under Section 340 CrPC, which requires a complaint in writing by the court after considering the expediency of justice. The court also noted that the applicant was not given an opportunity of hearing before the direction was issued, violating principles of natural justice. The High Court quashed the impugned order dated 08.04.2022 to the extent it directed registration of crime against the applicant, but clarified that the departmental proceedings may continue independently.
Headnote
A) Criminal Procedure - Default Bail - Section 167(2) CrPC - Failure to file charge sheet within 180 days entitles accused to default bail - The Special Judge granted bail to accused on ground of delay in filing charge sheet by investigating officer (Paras 3-4). B) Narcotic Drugs and Psychotropic Substances Act - Jurisdiction of Special Judge - Section 59(1) NDPS Act - Power to direct registration of crime - The Special Judge, while granting bail, directed registration of crime against the investigating officer for alleged offence under Section 59(1) NDPS Act - Held that the Special Judge exceeded jurisdiction as the power to direct registration of crime is not conferred under NDPS Act and must follow procedure under Section 340 CrPC (Paras 6-10). C) Criminal Procedure - Natural Justice - Opportunity of hearing - Direction to register crime against investigating officer was passed without affording him an opportunity of hearing - Held that such order violates principles of natural justice (Para 11).
Issue of Consideration
Whether the Special Judge under the NDPS Act has the jurisdiction to direct registration of a crime against the investigating officer for alleged offences under Section 59(1) of the NDPS Act without following the procedure under Section 340 CrPC and without affording an opportunity of hearing.
Final Decision
The High Court allowed the revision application and quashed the impugned order dated 08.04.2022 to the extent it directed registration of crime against the applicant. The departmental proceedings initiated against the applicant were not interfered with.
Law Points
- Jurisdiction of Special Judge under NDPS Act
- Power to direct registration of crime
- Natural justice
- Section 59(1) NDPS Act
- Section 167(2) CrPC
- Default bail
