RAMESH KUMAR @ KALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD the submissions made by learned counsel for the petitioner, learned State counsel and the learned counsel appearing for respondent no.2.

(2.) THE Special Judge who is dealing with the NDPS cases has taken cognizance of the offence under Section 22 of the Narcotic Drugs and Psychotropic Substances Act as against the petitioner Ramesh Kumar @ Kala, dissatisfied with the Discharge Report filed by the investigating official invoking the provision of Section 169 of the Code of Criminal Procedure. As per Section 169 of the Code of Criminal Procedure, upon investigation of the case, the Officer Incharge of the Police Station finds that there was no sufficient evidence to justify the forwarding of the accused to the Judicial Magistrate, he shall release the accused from custody on execution of bond with or without sureties and direct the accused to appear before the Judicial Magistrate to try the accused for committing the offence made out.

(3.) THE Station House Officer of the Police Station has filed Discharge Report resorting to the provisions under Section 169 Cr.P.C based on the report submitted by the Deputy Superintendent of Police that no case was made out as against the petitioner. But the learned Special Judge acting on the said Discharge Report filed under Section 169 Cr.P.C took cognizance of the offence against the accused/petitioner under Section 22 of the NDPS Act even in the absence of any final report filed under Section 173 Cr.P.C by the competent Investigating Officer. Cognizance of an offence can be taken by the Special Judge only based on a final report submitted under Section 173 Cr.P.C. It appears that before -ever a final report under Section 173 Cr.P.C was presented by the Investigating Officer, an application under Section 169 Cr.P.C was moved by the Investigating Officer praying for discharge of the accused.