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TMI Blog2017 (8) TMI 1025X X X X Extracts X X X X X X X X Extracts X X X X ..... hat: - The NDPS Act deals with the two situations, one when the offence is investigated by a police officer and the other when offence is investigated by an officer authorized by the Central Government or State Government in accordance with Section 53 of the Act. The Act further provides that if the matter is investigated by a police officer, the Special Court would take cognizance on submission of a police report but if the matter is investigated by an officer authorized by the Central or State Government, the Special Court would take cognizance upon complaint being filed by such officer. There is no provision whatsoever under the Act directing the officer authorized by the Central or State Government to lodge an FIR, meaning thereby that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER The petitioner has moved this Criminal Misc. Petition under Section 482 Cr.P.C. for quashing of entire proceedings in relation to DRI File No. DRI/MZU/C/INTE-109/2016. 2. It is contended by counsel for the petitioner that no formal FIR was lodged in this case and without lodging of FIR, the DRI Officers were not competent to either arrest the petitioner or record the statement under Section 67 of the Act and seize the contraband or proceed in any manner. It is further contended that the powers of an investigating officer is similar to that of a police officer and the NDPS Act specifically makes a provision that the provisions of the Code of Criminal Procedure would apply, meaning thereby that a formal FIR is required to be lodg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the present petitioner and it is only on the statement of the co-accused that the Revenue Intelligence Officers are proceeding against the present petitioner. 6. Counsel for the Union of India has opposed the misc. petition. His main contention is that Section 53 of the NDPS Act authorizes the Central Government to invest any officer of the department of Central Excise, Narcotics, Customs, Revenue Intelligence or any class of such officers with the powers of an office-in-charge of a police station for the investigation of the offences under this Act. It is contended that the powers which are vested in Station House Officer with relation to investigation of the offence, in view of Section 53, vest in the Revenue Intelligence Officer. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Others, wherein the Hon ble Apex Court held that the Officers of Department of Revenue Intelligence invested with powers of officer-in-charge of police station under Section 53 are not police officers. The Hon ble Apex Court was dealing with a case under the NDPS Act, the Court held that Section 36A(d) of the NDPS Act makes it clear that if the investigation is conducted by the police, it would conclude in a police report but if the investigation is made by an officer of any other department including the DRI, the Special Court would take cognizance of the offence upon a formal complaint made by such authroized officer of the concerned Government. 10. Reliance has also been placed on (2011) 11 Supreme Court Cases 347; Ram Singh v. Cent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act is the court of Sessions and it has to conduct the proceedings under Section 36C of the NDPS Act. It is further contended by counsel for the Union of India that in the statement recorded under Section 67 of the Act, the petitioner as admitted that his premises was being used for manufacture of Methaqualone (Mandrax Tablets), a psychotropic substance banned under the NDPS Act. 13. It is contended by counsel for the Union of India that the petitioner is a business associate of the main accused and is involved in the case where 23,320 kg. of Methaqualone tablets were seized and at this stage when a complaint has not yet been filed, no ground is made out for quashing of proceedings in relation to DRI file. 14. I have considered the ri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause in the NDPS Act there is no question of the matter being first produced before a magistrate then the case being committed to the Special Court, since only a Special Court is authorized under the Act to deal with the offences under the NDPS Act where the punishment is for more than three years. 17. Section 51 of the NDPS Act provides that the provision of Code of Criminal Procedure shall apply, insofar as they are not inconsistent with the provisions of this Act, to all warrants issued and arrests, searches and seizures made under this Act. This provision by itself clarifies that Code of Criminal Procedure would apply if it is not inconsistent with this Act. But where the provisions of the Act have clarity, the same would apply. Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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