NARCOTICS CONTROL BUREAU Vs. NARESH KUMAR JAIN

JUDGEMENT

(1.) By the present petition, the petitioner Narcotics Control Bureau has assailed order dated 11th October, 2010 whereby an application under (4) of NDPS Act of the petitioner for extension of time for investigation was dismissed by the Special Judge.

(2.) Brief facts relevant for the purpose of deciding this petition are that the respondent an NRI was allegedly involved in money-laundering of the money gained from drugs and bribery and his operations were spread in various countries. Operation in the name of Khyber Pass, was launched in order to nab all those persons involved in this crime. The prosecution found involvement of the respondent in a large-scale laundering of the money generated from sale of drugs and bribery cases. A case was registered against the respondent in UAE being case No. 3452/07. The respondent was also wanted in Italy in another case. He had also made transactions in USA and the US government had forfeited an amount of U.S. $ 3.4 million belonging to respondent being narcotic laundered money. An operation snow blading was carried out by the Organized Crime Agency of UK which unearthed links of respondent/accused with Albanian drug traffickers in arranging money laundering in countries viz. Italy, Dubai, USA and others. The respondent absconded from Dubai and entered into India illegally through illegal route. He was arrested by the petitioner bureau and the petitioner bureau started investigation against the respondent after registering a case under NDPS Act. The investigation could not be completed within 180 days as provided under Section 36-A(4) of NDPS Act. Thereafter, the Narcotics Control Bureau moved an application before the trial Court for extension of time by another 180 days. This application was dismissed by the trial Court vide order dated 4th June, 2010. Against this order of dismissal of the application, petitioner bureau approached this Court and this Court vide order dated 16th July, 2010 allowed the petition and extended time by another 90 days from 16th July, 2010. The investigation still could not be completed and another application was made by the NCB before the learned Special Judge for further extension of time for investigation. The learned Special judge vide order dated 11th October, 2010 dismissed this application on the ground that vide order dated 16th July, 2010, this Court while extending the time for investigation, granted only 90 days extension from 16th July, 2010 and it would not be in the fitness of things for the Special Judge to extend the time for investigation for any further period beyond 90 days as extended by the High Court. The Special Judge being subordinate to the High Court was bound to implement the directions of the High Court.

(3.) It is apparent from the order of the trial Court that the trial Court did not reject the application on merits and considered that it had no power to even consider the application on merits in view of the fact that the earlier extension granted by the High Court was only for 90 days.