- (1.) V. D. Chaturvedi, J. Criminal Revision has been filed against the order dated 12-12-2003 passed in S. T. No. 21 of 2000 by Sri Harish Kumar, Additional Sessions Judge/f. T. C. No. 1, District Sidharthnagar whereby the revisionist's prayer for quashing the proceedings (of Sessions Trial No. 21 of 2000) was rejected.
(2.) THE relevant facts are that on 22-6-2000 the revisionist was found in possession of 460 Kilograms of illicit Nepali Charas in a special cavity made in a vehicle (TATA 407 No. UP 81 8223) while it was being brought into the territory of India from Nepal side. THE revisionist and his companions were arrested. Sri K. L. Gautam, Inspector of Customs, posted at Land Custom Station Barni, therefore, filed a complaint under Section 8, 20 (b) (ii), 23, 27a and 29 of N. D. P. S. Act, 1985. THE Sessions Trial No. 21 of 2000 relating to the said recovery was transferred by the learned Sessions Judge, Sidharthnagar to the Court of Additional Sessions Judge (F. T. C. No. 1) where the revisionist gave an application to the effect that the complaint ought to have been filed only by an officer who was above the rank of Inspector in the Department of Customs, Central Excise, Narcotics etc. In support of his arguments he relied upon a notification published in the Gazette of India, Extra Part II. Section 3 (ii) dated 27th September, 1989 (hereinafter called as 'the notification ). After the hearing, the learned Addl. Sessions Judge rejected the said application by an order dated 12-12-2003. Feeling aggrieved by the said order the revisionist Ashok Kumar Yadav has come up in revision. In revision before me two points are raised by the learned Counsel for the revisionist. These are: (i) that in view of the notification cited above the complaint ought to have been filed only by an officer who was above the rank of Inspector and not by an Inspector. In this regard he relied upon the aforesaid notification and also upon a judgment of Hon'ble Supreme Court reported in 2003 (46) A. C. C. 606, State through Narcotics Control Bureau v. Kulwant Singh. (ii)That F. T. C. or the Court of Addl. Sessions Judge was not competent to try the offence under the N. D. P. S. Act. In support of this contention he drew my attention to Section 36-D and argued that the proceedings before the Fast Track Court (Court of Additional Sessions Judge) were without jurisdiction. He added to his argument that since the special Court relating to N. D. P. S. Act was not designated for the district of Sidharthnagar, it was only the Sessions Judge who could have tried the offence under the N. D. P. S. Act. According to him the jurisdiction of other Courts was barred by the Act. Firstly I propose to take the first point raised by the learned Counsel for the revisionist. The relevant notification for the sake of convenience is being reproduced below: "ministry of Finance (Department of Revenue) Notification No. S. O. 763 (E) dated September 27, 1989 published in the Gazette of India Extra, Part II, Section 3 (ii) dated 27th September, 1989, p. 2 (No. 13/89- F. No. 661/99/89-OPIUM) In exercise of the powers conferred by clause (d) of sub-section (1) of Section 36-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby authorises the officers of and above the rank of Inspector in the Department of Customs, Central Excise Narcotics, Revenue Intelligence Central Economic Intelligence Bureau and the Narcotics Control Bureau under the Ministry of Finance, Government of India for filing of complaints relating to an offence under the said Act before Special Courts. "
(3.) THE words ". . . . . . . . . . . . . . . . . the officers of and above the rank of Inspector. . . . . . . . . . . " occurring in the aforesaid notification clearly show that the officers of the rank of Inspector and officers above the rank of Inspector both were authorised by the above Notification to file the complainant. It is manifest from the word 'and' occurring after the words "the officers of" and before the word "above the rank of that the officers of two ranks were authorised by the Central Government to file the complaint. The Central Government thus through the said Notification authorised (i) the officers of the rank of Inspector and (ii), the officers above the rank of Inspector of the departments mentioned in the notification. Sri K. L. Gautam was an officer of the rank of Inspector in Custom Department and therefore, under the aforesaid Notification, he was fully competent to file the complaint.;