UNION OF INDIA Vs. DEVENDRA

JUDGEMENT

(1.) SHIV Charan, J. The instant revision has been instituted against the order dated 10. 1. 2008 passed by A. S. J. 10th, Varanasi in Criminal Case No. 195 of 2007 (Union of India v. Lal Babu Ram and others) under section 8/20 N. D. P. S. Act Central Bureau of Narcotics, Ghazipur Cell. By the impugned order the learned Sessions Judge rejected the application of the revisionist moved under section 309 Cr. P. C. to grant judicial remand under this provision to accused Devendra Mishra.

(2.) LEARNED Counsel for the revisionist argued that Lal Babu Ram and other accused persons were involved in the above case. But the accused Devendra Mishra, Shri Nath Dada and Mohari Dada were absconding, Later on Devendra Mishra was arrested at Lucknow in the same offence. Thereafter an application was moved before the Sessions Judge in the above mentioned case to grant custody remand under section 309 Cr. P. C. But this application was rejected by the Sessions Judge on the ground that revisionist must move for custody remand under section 167 Cr. P. C. and that the provisions of section 309 Cr. P. C. are not applicable to the facts of the present case.

(3.) I have perused the order of the Sessions Judge and it is correct that the first argument of the Special Prosecutor was that the complaint had already been instituted against the absconder Devendra Mishra and now he has been detained in other matters at District Jail and he is present today in Court. Hence his custody warrant be prepared. It was a complaint case and after completing the investigation the complaint was filed in the Court against the accused persons who were absconding. It was not a police chalani case. Although it is expected from the Central Bureau of Narcotics to conduct the investigation prior to instituting the complaint. But it is also a fact that the case of Central Bureau of Narcotics are to be tried as complaint case and in the present case prior to filing the complaint in the Court the investigation was completed. There is no binding for Central Bureau of Narcotic to conduct the investigation. Because it is expected from the revisionist to file a complaint and criminal complaint was instituted.