NARCOTICS CONTROL BUREAU Vs. PAOKHOTHANG HAOKIP

JUDGEMENT

(1.) On 7/12/2020, the Narcotics Control Bureau (NCB), Imphal, conducted search and seizure operations at a clandestine makeshift laboratory at Ward No. 3, Moreh, Tengnoupal. Three persons were found present and seizures were effected upon search of the premises. Methamphetamine (W/Y) tablets, gem stones, mobile phones, currency, a double bore gun with live cartridges and sandalwood were seized during these operations, which concluded at 18:20 hours on that day. Pursuant to the inputs provided by one of the three suspects, the NCB conducted further search and seizure operations at another clandestine laboratory at Ward No. 3, Moreh, Tengnoupal. Three persons were found at this laboratory also and after search of the premises, further seizures were effected. Methamphetamine (W/Y) tablets, Methamphetamine - in the form of powder and ice crystal, crude Methamphetamine, tramadol hydrochloride capsules, pregbalin capsules, buspirone hydrochloride tablets, a factory-made French pistol with live rounds, mobile phones, currency and gem stones were seized at this laboratory. The formalities were concluded at 20:45 hours. Thereupon, NCB Crime No. 05/04/NCB/Imp/WY/CL/2020 dtd. 7/12/2020 was registered against the six persons found at the spot under Ss. 8(c), 22(c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act of 1985).

(2.) On 11/12/2020, the NCB filed an application in Cril. Misc. Case No. 249 of 2020 before the Special Court (ND&PS), Lamphelpat, Imphal, seeking permission to handover the seized arms and ammunition, sandalwood and gem stones to either the Imphal Police Station or the Moreh Police Station or any other Police Station/Agency for further investigation. This application was filed on the premise that the NCB was not empowered to investigate offences under any enactment other than the Act of 1985. However, by order dtd. 4/1/2021, the learned Special Court Judge held that the NCB had the power to investigate offences other than those arising under the Act of 1985 and directed it to take appropriate steps with regard to the seized arms and ammunition, sandalwood and stones according to law. Aggrieved thereby, the NCB filed this revision under Ss. 397 and 401 Cr.P.C.

(3.) Notice was served upon respondent Nos. 1, 2, 4 and 5 by speed post. Respondent No. 6 was served through the Superintendent, Central Jail, Sajiwa, by way of dasti. Substituted service of notice was effected upon respondent No. 3 through publication of the notice in newspapers. However, none of the respondents chose to enter appearance before this Court.