STATE OF RAJASTHAN Vs. MOHANLAL

JUDGEMENT

(1.) This criminal revision has been filed by the State under S. 397/401 of Cr.P.C. against the judgment dated 2-2-88 passed by the learned Sessions Judge, Balotra, whereby learned Sessions Judge had declined to take cognizance against accused Mohanlal and had discharged him without proceeding with the case of the prosecution any further. The learned Sessions Judge while passing the impugned order had held that the action taken under S. 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called 'the N.D.P.S. Act) had not been taken by the empowered officer under the Act and therefore, whole of the proceedings were ineffective and illegal and the prosecution started on the initiation of such an officer, who was not empowered under the Act to initiate proceedings were to be quashed.

(2.) The facts, leading to the case to be tried in connection with S. 17 of N.D.P.S. Act, were, that one Prabhu Singh, A.S.I. who had taken action under S. 42 of the N.D.P.S. Act was neither the S.H.O. nor the Inspector in any police station. On 29-3-87 this Prabhu Singh, A.S.I. had searched and arrested Mohanlal accused on the suspicion for carrying 'Ganja' weighing about 900 grams. He had not only searched and arrested but also had investigated the case and prepared the site plan and had sent the samples to the laboratory. He had even been prosecuting the case in the court as well, by asking for remand of the accused on various dates under his own signatures. The charge-sheet itself was also presented to the Court under the signature of the said A.S.I. Prabhu Singh. The recovery was made by him and all the relevant proceedings had also been conducted by Prabhu Singh, A.S.I. The learned Sessions Judge had further held that right from the search made under S. 42 of the N.D.P.S. Act upto submitting of challan, A.S.I. Prabhu Singh had investigated the case. Admittedly, Prabhu Singh, A.S.I. was never appointed as S.H.O. at Balotra Police Station.

(3.) Under the provision of S.42 of the N.D.P.S. Act only those officers are empowered to take action under S. 42 of the Act, who are either Inspectors or S.H.O. or appointed as S.H.O. It is admitted case of the parties that A.S.I. Prabhu Singh was neither Inspector nor S.H.O. at the time of initiation of proceedings, and was not empowered officer under S. 42 of the Act and as such, the proceedings taken by Prabhu Singh were vitiated as void-ab-initio, thus, quashing the trial from the very beginning including charge-sheet, it was so held by the Trial Judge.