SANTOSH KUMAR TOSHNIWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. M. Mukherji, learned Senior counsel, appearing for the petitioner. Also heard Mr. B. Sarma, learned Standing counsel, Customs, appearing for the respondents.

(2.) The challenge made in this writ petition is the issuance of two summonses to the petitioner, dated 13.07.2016 and 21.07.2016, under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'NDPS Act'), by the Assistant Commissioner, Customs, Guwahati, for investigation in connection with Seizure Case No. 04/CL/NDPS/CL/CUS/ P7I/SLG/ 2014-15 dated 11.01.2015, and C.R. (NDPS) Case No. 2/2015, pending in the Court of Special Court (NDPS) Act, Siliguri.

(3.) Mr. Mukherji has submitted that after submission of complaint before the Court of the learned Special Judge, NDPS Act, Siliguri, and upon completion of enquiry/investigation, there is no authority on the part of the Assistant Commissioner, Customs, Guwahati, to issue summons again in connection with the same case in absence of any order passed by the learned NDPS Court, Siliguri, under Section 173(8) CrPC and, therefore, the two summonses issued by the Assistant Commissioner, Customs, Guwahati, are palpably illegal, arbitrary and without jurisdiction.