IMPORTANT POINT
The NCB does not have the power to investigate offences under enactments other than the Narcotic Drugs and Psychotropic Substances Act, 1985.

JUDGMENT

1. On 07.12.2020, the Narcotics Control Bureau (NCB), Imphal, conducted search and seizure operations at a clandestine makeshift laboratory at Ward No. 3, Moreh, Tengnoupal. Three persons were found present and seizures were effected upon search of the premises. Methamphetamine (W/Y) tablets, gem stones, mobile phones, currency, a double bore gun with live cartridges and sandalwood were seized during these operations, which concluded at 18:20 hours on that day. Pursuant to the inputs provided by one of the three suspects, the NCB conducted further search and seizure operations at another clandestine laboratory at Ward No. 3, Moreh, Tengnoupal. Three persons were found at this laboratory also and after search of the premises, further seizures were effected. Methamphetamine (W/Y) tablets, Methamphetamine - in the form of powder and ice crystal, crude Methamphetamine, tramadol hydrochloride capsules, pregbalin capsules, buspirone hydrochloride tablets, a factory-made French pistol with live rounds, mobile phones, currency and gem stones were seized at this laboratory. The formalities were concluded at 20:45 hours. Thereupon, NCB Crime No. 05/04/NCB/Imp/WY/CL/2020 dated 07.12.2020 was registered against the six persons found at the spot under Sections 8(c), 22(c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, the Act of 1985).

2. On 11.12.2020, the NCB filed an application in Cril. Misc. Case No. 249 of 2020 before the Special Court (ND&PS), Lamphelpat, Imphal, seeking permission to handover the seized arms and ammunition, sandalwood and gem stones to either the Imphal Police Station or the Moreh Police Station or any other Police Station/Agency for further investigation. This application was filed on the premise that the NCB was not empowered to investigate offences under any enactment other than the Act of 1985. However, by order dated 04.01.2021, the learned Special Court Judge held that the NCB had the power to investigate offences other than those arising under the Act of 1985 and directed it to take appropriate steps with regard to the seized arms and ammunition, sandalwood and stones according to law. Aggrieved thereby, the NCB filed this revision under Sections 397 and 401 Cr.P.C.

3. Notice was served upon respondent Nos. 1, 2, 4 & 5 by speed post. Respondent No. 6 was served through the Superintendent, Central Jail, Sajiwa, by way of dasti. Substituted service of notice was effected upon respondent No. 3 through publication of the notice in newspapers. However, none of the respondents chose to enter appearance before this Court.

4. On 01.03.2022, Mr. Anjan Prasad Sahu, learned counsel, was requested to assist the Court as an amicus curiae given the importance of the issue that arose for consideration.

5. Heard arguments advanced by Mr. W. Darakeshwar, learned Sr. PCCG, appearing for the NCB; and the submissions made by Mr. Anjan Prasad Sahu, learned amicus curiae.

6. The short point that falls for consideration is whether the NCB has power and jurisdiction to carry out investigation in relation to offences arising under enactments other than the Act of 1985. The learned Special Court Judge answered this question in the affirmative citing four reasons. According to him, the scheme of the Act of 1985 and, more particularly, the notifications issued by the Central Government under Section 42 thereof support the presumption that the NCB has power to investigate offences other than those arising under the Act of 1985. The second reason that found favour with the learned Special Court Judge is that the officers of the NCB are required to undergo training on various topics relating to drug law administration and enforcement but the topics enumerated include those unrelated to the Act of 1985 also. The third reason cited by the learned Special Court Judge is that prosecution and punishment of a person more than once for the same offence is barred by Article 20(2) of the Constitution. He a