ASHOK KUMAR YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) V. D. Chaturvedi, J. Criminal Revision has been filed against the order dated 12-12-2003 passed in S. T. No. 21 of 2000 by Sri Harish Kumar, Additional Sessions Judge/f. T. C. No. 1, District Sidharthnagar whereby the revisionist's prayer for quashing the proceedings (of Sessions Trial No. 21 of 2000) was rejected.

(2.) THE relevant facts are that on 22-6-2000 the revisionist was found in possession of 460 Kilograms of illicit Nepali Charas in a special cavity made in a vehicle (TATA 407 No. UP 81 8223) while it was being brought into the territory of India from Nepal side. THE revisionist and his companions were arrested. Sri K. L. Gautam, Inspector of Customs, posted at Land Custom Station Barni, therefore, filed a complaint under Section 8, 20 (b) (ii), 23, 27a and 29 of N. D. P. S. Act, 1985. THE Sessions Trial No. 21 of 2000 relating to the said recovery was transferred by the learned Sessions Judge, Sidharthnagar to the Court of Additional Sessions Judge (F. T. C. No. 1) where the revisionist gave an application to the effect that the complaint ought to have been filed only by an officer who was above the rank of Inspector in the Department of Customs, Central Excise, Narcotics etc. In support of his arguments he relied upon a notification published in the Gazette of India, Extra Part II. Section 3 (ii) dated 27th September, 1989 (hereinafter called as 'the notification ). After the hearing, the learned Addl. Sessions Judge rejected the said application by an order dated 12-12-2003. Feeling aggrieved by the said order the revisionist Ashok Kumar Yadav has come up in revision.

(3.) THE words ". . . . . . . . . . . . . . . . . the officers of and above the rank of Inspector. . . . . . . . . . . " occurring in the aforesaid notification clearly show that the officers of the rank of Inspector and officers above the rank of Inspector both were authorised by the above Notification to file the complainant.