PANKAJ BHANDARI,J. - (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 :- "36C. Application of Code of proceedings before a Special Court. - Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purpose of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor." ;