PARMESHWAR VYAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has moved this Criminal Misc. Petition under Section 482 Cr.P.C. for quashing of entire proceedings in relation to DRI File No. DRI/MZU/C/INTE-109/2016.

(2.) It is contended by counsel for the petitioner that no formal FIR was lodged in this case and without lodging of FIR, the DRI Officers were not competent to either arrest the petitioner or record the statement under Section 67 of the Act and seize the contraband or proceed in any manner. It is further contended that the powers of an investigating officer is similar to that of a police officer and the NDPS Act specifically makes a provision that the provisions of the Code of Criminal Procedure would apply, meaning thereby that a formal FIR is required to be lodged before proceedings in the case.

(3.) Counsel for the petitioner has drawn my attention towards Section of the NDPS Act, which is reproduced hereunder :-