UNION OF INDIA Vs. YELLA BHASKAR RAO

JUDGEMENT

(1.) The Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973, to quash the order dtd. 30/11/2020 passed in Crl.P.M.P.No.418 of 2019 in S.C.No.187 of 2018 on the file of the Principal Junior Civil Judge cum Judicial Magistrate of First Class Rajamahendravaram.

(2.) A charge sheet has been filed against the respondents for the offences punishable under Ss. 8(c) read with Ss. 20 (b)(ii)(c), 27A, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "NDPS Act").

(3.) Thereafter since the offences are triable by the Court of Session, the case was made over to the Court of Session Rajamahendravaram and the same is numbered as S.C.No.187 of 2018 in Cr.No.NCB F. No.48/1/3/2018/HYD/SUB-ZONE, Pending the same an application has been filed by the complainant in Crl.M.P.No.418 of 2019 in S.C.No.187 of 2018 on the file of the Principal Junior Civil Judge cum Judicial Magistrate of First Class, Rajamahendravaram to allow the application under Sub-Sec. (3) of Sec. 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 so that the seized narcotic drugs can thereafter be disposed off as per Sub-Sec. (1) of Sec. 52A of the said Act retaining the Certificate, Photographs and Samples as primary evidence as per Sub-Sec. (4) of Sec. 52A (4). By an order dtd. 30/11/2020, the Principal Junior Civil Judge cum Judicial Magistrate of First Class, Rajamahendravaram dismissed the said Crl.M.P. on the ground that the NCB officials have not filed the petition within the stipulated time and filed it after an abnormal delay of 1 1/2 years of seizing the property. In view of the same, the learned Principal Junior Civil Judge cum Judicial Magistrate of First Class observed that it creates a doubt about the seized property and it appears that the present petition is filed to cover up their lacunae. In view of the observations made by the learned Magistrate the present Criminal Petition has been filed by the Union of India through Intelligence Officer, Narcotic Drugs and to quash the said order.