Possession and intent to sell narcotic drugs may not necessarily constitute financing illicit traffic as defined under Section 27A of the Narcotic Drugs and Psychotropic Substances Act.

JUDGMENT :

The challenge in this revision is made to the order dated 04.06.2022, by which the revisionist has been remanded to judicial custody under Sections 8/21, 27A/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”).

2. Learned counsel for the revisionist would argue that even if the prosecution case is accepted in its entirety, it does not make out an offence under Section 27A of the Act, which deals with financing of any activity specified in sub-Clauses (i) to (v) of Clause (viiia) of Section 2, of the Act.

3. In the instant case, according to the FIR, on 03.06.2022, police upon information having been received, intercepted the revisionist, when he was staying in a hotel with co-accused Monu. The revisionist, according to the FIR, had visited Dehradun so as to sell Smack to the co-accused. It is argued that the sale of Smack is not an offence punishable under Section 27A of the Act. It may be an offence under Section 8 read with Section 21 of the Act.

4. Learned State counsel would submit that sale is the part of finance.

5. The Court put another question to learned State counsel, which is as follows:-

(i) Does it mean that every possession of narcotic drugs and psychotropic substances would be punishable under Section 27A of the Act, if it is for sale?

6. Learned State counsel would submit that sale includes financing also.

7. The reply as given by the learned State counsel is much vague.

8. On 27.06.2022, when this matter was taken up, arguments were advanced on behalf of the revisionist that, in fact, the Investigating Officer moved an application for the remand of the revisionist under Section 27A of the Act, in order to get a space of 180 days for filing charge sheet. On that date, this court had observed on arrest and remand as follows:-

“Remand is not a ritual, a formality a routine.

Production of an accused before a Magistrate within 24 hours of arrest has some meaning. It has constitutional purity with it. One cannot be arrested except according to the procedure established by law. Remand is nothing but first judicial scrutiny of arrest.

First and foremost, it has to be seen that there are reasons to remand a person into any custody. Along with it, it has also to be seen as to under what offences a person is required to be sent to the custody. Therefore, this matter will be definitely examined.

9. The allegations against the revisionist are simplicitor that he visited Dehradun with Smack, so as to sell it to the co-accused.

10. Section 27A of the Act is as hereunder:-

“27-A. Punishment for financing illicit traffic and harbouring offenders.—Whoever indulges in financing, directly or indirectly, any of the activities specified in sub-clauses (i) to (v) of clause (viii-a) of Section 2 or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall also be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.”

11. In fact, Section 2 (viiia) of the Act has been renumbered w.e.f. 01.05.2014 and it is now 2(viiib) of the Act. It deals with illicit traffic. It is as hereunder:-

“(viiib) “illicit traffic”, in relation to narcotic drugs and psychotropic substances, means—

(i) cultivating any coca plant or gathering any portion of coca plant;

(ii) cultivating the opium poppy or any cannabis plant;

(iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transhipment, of narcotic drugs or psychotropic substances;

(iv) dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in sub-clauses (i) to (iii); or

(v) h