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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.B.PRABHAKARA SASTRY, J.
Mr. Rijesh Ravindran S/o. Kollaikal Ravindran - Petitioner
Vs.
Union of India Narcotic Control Bureau represented by its Intelligence Officer - Respondent
CRIMINAL REVISION PETITION No.324 OF 2021, 325 OF 2021
Decided On : 24-05-2021
Evidence Act – Section 25 – Code of Criminal Procedure, 1973 – Section 200, 167, 397, 401 – Indian Penal Code, 1860 – Sections 386, 506 arid 120B – Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 8, 67, 36, 22 (C), 27, 27A, 28, and 29 – Narcotics Raid – Order of Conviction – Present petitioner who is common in both revision petitions is accused No.3 in Special C.C., pending on file of XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), which criminal proceedings was initiated against ten accused persons including present petitioner by respondent through its complaint under Section 36A of Narcotic Drugs and Psychotropic Substances Act, 1985, for offences punishable under Sections 8(C) read with Sections 22 (C), 27A, 28, and 29 of NDPS Act. – Whether revision under Section 397 read with Section 401 of Cr.P.C. is maintainable against oraer passed rejecting application filed under Section 167(2) of Cr.P.C – Whether order of Special Court dated 05-03-2021 is perverse and illegal, warranting interference at hands of this Court? – Whether order passed in Special C.C. No. 159/2021 by Special Court, taking cognizance for alleged offences and allowing entire proceedings is perverse, illegal and deserves to be set aside.
Finding of the Court:
Against an order passed on an application filed under Section 167(2) Cr.P.C., no revision under Section 397 of Cr.P.C. would lie – It is clear that, since petitioner has got a specific remedy to redress his grievance for challenging order passed by Special Judge on his application under Section 167(2) of Cr.P.C. under a different provision of law and said impugned order being an interlocutory order, bar under Section 397(2) of Cr.P.C. applies, as such, revision is not maintainable – Since it has been observed that Police have filed a complaint within statutory period of 180 days and which complaint is in pari materia to that of a report, order passed in Shivraj Urs's Case (supra) relied upon by petitioner also would not give any additional advantage to petitioner – Even though petition in Criminal Revision Petition No.374/2021 was not maintainable, however, assuming that revision petition is maintainable, still, no merit can be found in case – Similarly other petition, i.e. Criminal Revision Petition No.325/2021 also is proved to be devoid of any merit – Special Court has also taken cognizance of offence alleged against accused which order cannot be found fault with – Question of non-filing of charge sheet within period has not arisen as same is analysed above and complaint which is in pari materia of a police report is filed within 180 days, judgment in S. Kasi's case (supra) also would not enure to benefit of petitioner – Criminal Revision Petition No.324/2021 is dismissed as not maintainable as well as devoid of merit and Criminal Revision Petition No.325/2021 is dismissed as devoid of any merit.
Result : Order Accordingly
ORDER :
The present petitioner who is common in both the revision petitions is the accused No.3 in Special C.C.No.159/2021, pending on the file of the learned XXXIII Additional City Civil and Sessions Judge and Special Judge (NDPS), Bengaluru, CCH-33, (hereinafter for brevity referred to as “the Special Court”), which criminal proceedings was initiated against ten accused persons including the present petitioner by the respondent through its complaint under Section 36A of the Narcotic Drugs and Psychotropic Substances Act, 1985, (hereinafter for brevity referred to as “the NDPS Act”) for the offences punishable under Sections 8(C) read with Sections 22 (C), 27, 27A, 28, and 29 of the NDPS Act.
2. The summary of the case of the respondent in the Special Court is that, on 21-08-2020 at 5:50 p.m., the Intelligence Officer of the Narcotic Control Bureau, Bangalore Zonal Unit, Bangalore, (hereinafter for brevity referred to as “the NCB), received an information that, one Mohammed Anoop (accused No.2), residing in Room Nos.205 and 206 of Royal Suites Hotel Apartment, situated at Kalyan Nagar, Bangalore, has purchased 100 grams of MDMA pills and if search is conducted, the same can be seized. In pursuance of the said information and upon authorisation, the Narcotic Officers conducted search of Room Nos.205 and 206 of Royal Suites Hotel Apartment, Kalyan Nagar, Bengaluru and found 60 grams of MDMA tablets and the same were seized under a panchanama from 10:10 p.m on 21-08-2020 to 00:10 a.m. on 22-08-2020 and arrested the said Mohammad Anoop (accused No.2). He was enquired about the remaining 40 grams of tablets, wherein he is said to have told the Narcotic Officers that, he has given the same to the present petitioner (accused No.3).
It is further alleged in the complaint that, thereafter, the premises at flat No.52401, 24th Floor, Tower No.5, Nikoo Homes 1, Chokkana halli Village, Bengaluru, was searched by the NCB officials in the same intervening night of 21st and 22nd August 2020, where 40 grams/tablets of MDMA and 180 blots of LSD were found and the same were seized. The MDMA tablets were weighing 40 grams in total and LSD blotter papers were found to be weighing in net 2.9 grams. A panchanama was drawn in the spot in that regard. It was at about 04:40 hours on 22-08-2020, the accused No.3 was issued summons under Section 67 of the NDPS Act, to appear before the NCB for his further enquiry in that regard. On 24-8-2020, the petitioner along with two others were produced before the Special Court in Crime No.NCB.F.No.48/1/14/2020/BZU and got remanded to judicial custody.
3. Thereafter, the investigation was continued by the respondent – NCB officials. On 18-02-2021, the Intelligence Officer, NCB, Bangalore Zonal Unit, Bangalore, filed a complaint before the Special Court against ten accused persons, including the present petitioner as accused No.3 for the alleged offences.
The Special Court, by its order dated 20-02-2021 took cognizance for the offences punishable under Sections 8(C) read with Sections 22 (C), 27, 27A, 28, and 29 of the NDPS Act, against all the accused persons. Thereafter, the present petitioner (accused No.3) filed an application before the Special Court under Section 167 (2) of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as “the Cr.P.C.”), seeking his enlargement on bail in the said crime. However, his application came to be rejected by the order of the Special Court dated 05-03-2021. It is challenging the said order dated 05-03-2021, wherein his application under Section 167(2) of the Cr.P.C. was rejected, the petitioner has filed the present Criminal Revision Petition No.324/2021. Further, challenging the order of the said Court taking cognizance dated 20-02-2021 passed in the said Special C.C.No.159/2021, the petitioner has filed the present Criminal Revision Petition No.325/2021. Since both these revision petitions have arisen out of the same crime number and between the same parties,
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