KULWANT SINGH Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) This appeal has been preferred against the judgment rendered by learned trial court dated 24th May, 1997 whereby the appellant was convicted under Section 21 of the Narcotics Drugs and Psychotropic Substances Act (for short the Act ) and against the order on sentenced on 26th May, 1997 whereby the appellant was sentenced to undergo rigorous imprisonment for a term of 10 years coupled with fine of Rs. 1 lac, in default, to further undergo rigorous imprisonment for a period of 6 months.

(2.) In his appeal, a question of law was raised by the appellant that the complaint filed by Narcotics Control Bureau (for short NCB ) was without authority of law and NCB had no power to effect seizure and arrest without warrants or authorization and, therefore, such recovery or action undertaken by NCB against him was bad in law. The issue of law raised by the appellant was considered by this Court and vide its judgment dated 13th December 2000, this Court came to conclusion that NCB was not an authority empowered to perform functions under Sections 41, 42, 53 or 67 of the Act and or to do investigation, recovery or proceedings under the Act. The appellant was, therefore, acquitted without going into the other aspects of the case raised by the appellant. An appeal was preferred by NCB against the order of this Court before the Supreme Court and vide its judgment dated 11th February 2003 in NCB v. Kulwant Singh being Criminal Appeal No. 1139 of 2000, the Supreme Court reversed the judgment rendered by this Court and held that NCB was a Wing/Branch of the Department of Revenue of Government of India and it had authority to act under Section 41, 42 and other provisions of the Act. The Act authorizes the Central Government to empower NCB officers to exercise powers under the various provisions of the Act. By so empowering the officials, the Central Government purports to effectively perform the obligation cast upon it by law. The Supreme Court allowed the appeal of NCB and set aside the judgment of this Court dated 13th December 2000 and remitted back the matter for its disposal on merits in accordance with law.

(3.) The case, as stated by NCB against the appellant, is that one Ajit Singh was in custody of NCB on 16.4.1996 and 860 gm of heroin was recovered from him. He gave information to the NCB that appellant was a supplier of heroin to him and he was to supply another consignment of 1 kg of heroin on that day i.e. 16th April 1996 at about 5.30 pm near Army Public School. This information was recorded by the Investigating Officer vide Ex.PW4/B and was given to senior officers who made endorsement on the information that the raiding party be constituted to intercept the appellant at the place and time as given in the information. It was recorded that the appellant was earlier also arrested by D- Zone and his photograph be shown to the officers before proceeding for operation.