FAHIM Vs. UNION OF INDIA

JUDGEMENT

(1.) The facts in brief are that on 30.7.2020, the Intelligence Officer of Narcotic Control Bureau (NCB), the respondent herein, received information that the Foreign Post Office, Bengaluru, had received a parcel which was addressed to one Kartik Pramod. The information given to the Intelligence Officer was that the parcel contained MDMA tablets. The officers of the NCB went to the Post Office and seized the parcel by writing a panchanama on 30.7.2020. When they opened the parcel, they found it containing 142 grams of MDMA. They tracked the addressee and came to know that the petitioner was the real receiver of the parcel. The petitioner is a student of engineering at NITTE, Karkala. He was not available as the college had been closed due to Covid-19. On 8.8.2020, the petitioner came to college to attend the examination which was scheduled to commence from 16.8.2020. The NCB officers questioned the petitioner about the parcel and he denied his knowledge about it. Thereafter, the NCB officers interrogated accused 2 to 4. Since they found inconsistency in their statements, they subjected the petitioner again for interrogation on 23.9.2020. Thereafter he was arrested and produced before the court with remand application on 25.9.2020.

(2.) After remand of the petitioner to judicial custody on 25.9.2020, the NCB officers had to file the charge sheet within 180 days, but it was not filed till 24.3.2021. Therefore, the petitioner got filed an application under section 167(2) of Cr.P.C. Later on the petitioner came to know that the respondent, instead of filing a charge sheet under section 173(2) of Cr.P.C, had filed a complaint before the Special Court on 19.3.2021. The Special Court took cognizance of the offences alleged in the complaint by making an endorsement on the complaint itself as cognizance taken . After taking cognizance, the Special Court passed an order dated 24.3.2021 issuing process to the petitioner and on 7.4.2021, passed another order rejecting his application filed under section 167(2) of Cr.P.C. Therefore, the petitioner has filed this Writ Petition under Articles 226 and 227 of the Constitution of India read with section 482 of Cr.P.C for quashing the order of taking cognizance dated 19.3.2021, the order of issuing process dated 24.3.2021 and rejecting his application under section 167(2) of Cr.P.C on 7.4.2021.

(3.) I have heard the arguments of Sri Hashmath Pasha, learned senior counsel for the petitioner and Sri Madhukar Deshpande, learned standing counsel for the NCB.