STATE THOUGH NARCOTICS CONTROL BUREAU Vs. KULWANT SINGH

JUDGEMENT

(1.) Special Leave granted in S.L.P. (Cri.) No. 3816 of 2002.

(2.) In both these appeals common questions arise for consideration and hence they have been heard together and are being disposed of by this judgment and order.

(3.) Criminal Appeal No. 1139 of 2000 has been preferred by the State through the Narcotics Control Bureau and is directed against the judgment and order of the High Court of Delhi at New Delhi dated December 13, 2000 in Criminal Appeal No. 248 of 1997. The High Court by its impugned judgment and order quashed the order of conviction and sentence of the respondent passed by the Additional Sessions Judge, Delhi, in Sessions Case No. 73 of 1996 dated 24th May, 1997 and acquitted the respondent of the charge levelled against him under S. 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act). It was held that the complaint filed by an authorized officer of the Narcotics Control Bureau (hereinafter referred to as the NCB) was without authority of law inasmuch as the officers of the NCB could not be authorized to effect search, seizure and arrest under the Act, the NCB not being a department of the Government. Consequently all actions taken by them were illegal since the proceedings taken in respect of the offences under the Act were by officers not legally empowered to do so.