Case Note & Summary
The petitioner, Sri Rangappa, accused No.2 in C.C. No.340/2021 (old C.C. No.234/2020) pending before the Principal Civil Judge (Sr. Dn.) and CJM Court, Chennagiri, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking quashing of the criminal proceedings for offences punishable under Sections 20(a)(i) and 20(b)(ii)(A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The case arose from a suo moto complaint by the respondent-police on 21.03.2019, when Police Officer Devaraj T.V., while at CEN Police Station, received credible information about persons selling ganja in the jurisdiction of Basavapatna police station. He recorded the first information, registered an FIR against unknown persons, and along with police staff, apprehended accused Nos.1 and 2. Upon search, they were found in possession of 750 grams of ganja. The petitioner contended that the search and seizure were conducted in violation of the mandatory provisions of Sections 41, 42, and 50 of the NDPS Act, as the police officer was not a Gazetted Officer empowered under Section 41(2), and the accused were not informed of their right to be searched before a Gazetted Officer or Magistrate. The State argued that the officer was authorized under the Act. The High Court, after hearing arguments, examined the provisions and found that the police officer Devaraj T.V. was not a Gazetted Officer and thus not empowered under Section 41(2) of the NDPS Act. The court also noted that the mandatory procedure under Section 50 of the NDPS Act was not followed, as the accused were not informed of their right to be searched in the presence of a Gazetted Officer or Magistrate. The court held that the non-compliance with these mandatory provisions vitiated the entire proceedings and that continuing the prosecution would be an abuse of the process of law. Accordingly, the petition was allowed, and the entire proceedings in C.C. No.340/2021 were quashed insofar as the petitioner-accused No.2 was concerned.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 Cr.P.C. - Abuse of Process - The High Court examined whether the proceedings against the petitioner-accused No.2 under the NDPS Act should be quashed for non-compliance with mandatory provisions. The court held that the police officer who conducted the search and seizure was not empowered under Section 41(2) of the NDPS Act, and the mandatory procedure under Section 50 was not followed. Consequently, the proceedings were quashed to prevent abuse of process. (Paras 1-10) B) Narcotic Drugs - Search and Seizure - Sections 41, 42, 50 NDPS Act - Mandatory Compliance - The court found that the police officer Devaraj T.V., who received credible information and conducted the search, was not a Gazetted Officer empowered under Section 41(2) of the NDPS Act. Additionally, the accused were not informed of their right to be searched before a Gazetted Officer or Magistrate as required under Section 50. The non-compliance vitiated the entire proceedings. (Paras 3-9) C) Criminal Procedure - Credible Information - Recording of FIR - Section 42 NDPS Act - The court noted that the police officer recorded the first information and registered FIR based on credible information, but the search was conducted by an officer not authorized under Section 41(2). The court held that the mandatory requirements of Sections 41, 42, and 50 were not satisfied, rendering the proceedings invalid. (Paras 3-8)
Issue of Consideration
Whether the criminal proceedings against the petitioner-accused No.2 for offences under Sections 20(a)(i) and 20(b)(ii)(A) of the NDPS Act are liable to be quashed due to non-compliance with the mandatory provisions of Sections 41, 42, and 50 of the NDPS Act?
Final Decision
The petition was allowed. The entire proceedings in C.C. No.340/2021 (old C.C. No.234/2020) pending on the file of Principal Civil Judge (Sr. Dn.) and CJM Court, Chennagiri, for the offences punishable under Sections 20(a)(i) and 20(b)(ii)(A) of the NDPS Act were quashed insofar as the petitioner-accused No.2 is concerned.
Law Points
- Non-compliance with mandatory provisions of NDPS Act
- Sections 41
- 42
- 50
- Quashing of criminal proceedings under Section 482 Cr.P.C.
- Search and seizure by unauthorized officer
- Right of accused to be informed of search
- Credible information and recording of FIR
