STATE Vs. SHAKEEL AHMAD

JUDGEMENT

(1.) :- A charge sheet was filed against the respondent before Special Judge (Sessions Judge) Kathua on the basis of an FIR No. 136/1993 registered with P/S Billawar. The charge sheet was filed on 22-12-1993 u/Ss 8/20 and 29 Narcotic Drugs and Psychotropic Substances Act. The learned Special Judge dismissed the case and discharged the accused. The order was passed by him on 31-3-1994. It has been challenged by way of this revision. The Special Judge while dealing with the matter was of the view :

(2.) The revision has been filed on the ground that since the State Government has issued a Notification bearing No. : 525 of 1986 dated 14-8-1986, the challan filed before the Special Judge was competent. The said Notification reads, as under :

(3.) This Notification makes it clear that the powers conferred u/S 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985, can be exercised by an Officer who is superior in rank to the Constable of Regular Executive Police, CID, Crime etc. etc. It is not disputed, as has been held by the Special Judge that the search and seizure of the charas had been made by two Constables, namely, Raghbir Singh and Purshotam Singh, whereas the investigation has been conducted by Shiv Lal Head Constable. Learned counsel for the respondent submitted that in terms of the provisions of the Code of Criminal Procedure, the investigation could only he conducted by S. H. O. I do not want to go into that controversy, but it is a fact that the search, seizure and arrest has been made by two Constables, whereas Section 42 of the N.D.P.S. Act, 1985, read with SRO No. 525, makes it clear that no search, seizure or arrest can be made by an Officer, who is not superior in rank to a Constable. In this view of the matter, no interference is called for in the order passed by the learned Special Judge (Sessions Judge) Kathua. This revision deserves dismissal and is dismissed accordingly. The record shall be remitted hack to the Court below immediately. Revision dismissed.