ORDER

Date : 07-12-2021 This petition is filed u/s 482 of the Criminal Procedure Code, 1973, for quashing of criminal proceedings in connection with Special Case No. 11/2020 connected with Tseminyu P.S. Case No. 05/2020 u/s 22 and section 27 of the NDPS Act, 1985.

The petitioner accused is represented by the learned counsel, Mr. Sentiyanger, assisted by Mr. Chuba Imchen, while the State respondents is represented by learned PP, Mr. K.

Angami.

Briefly stated, the facts of the case is that on 10.04.2020, at around 3:00 P.M., CoVID-19 surveillance team of Kandinu village council arrested the accused/petitioner Constable Eren Ezung of 8 NAP Batallion, Regd No.84467. It is stated that the accused/petitioner was kept in custody by the CoVID-19 surveillance team from 3:00 P.M. of 10.04.2020 till 9:00 A.M of 11.04.2020, a total of 18:00 hours after arrest an FIR was lodged before the Officer-in-Charge, Tseminyu P.S. on 11.04.2020 by Mr. Joel Kath, President of Kandinu group Village Council which is reproduced herein below:-

“To The Officer Incharge Tseminyu Police Station Sub: FIR Sir, As cited in the subject, the undersigned would like to bring to your knowledge that the Village Council Surveillance Team on CoVID-19 on Kandi group during its round duty came into contact with a uniformed policeman who was loitering around National Highway violating the Government directives. As such the Council members on duty on suspect intercepted this vehicle bearing Regn. No. AS-02-A-5933, Maruti car blue color, and found a large number of contraband drugs in the custody of Mr. Eren Ezung, s/o Nrithung Ezung a serving uniform Armed Police.

Therefore, the Joint Council regret to report to your authority that such uniformed law enforcing agent violating and involving in anti-social activity cannot be tolerated. Your prompt action and necessary initiative on the matter shall be highly appreciated.

Received and Registered vide Yours Sincerely, TSNU PS Case No. 0005/2020 -Sd-

U/S 22 NDPS Act and (Joel Kath)

Endorsed to ASI Beno Tep for President Kandi Group Further investigation Village Council Form -Sd- -Sd-

11/04/2020 (Nentilo Kath)

Officer-In-charge, Chairman, Tseminyu Police Station Village Council Kohima, Nagaland K. Station G.D.E. No. 02/2020”

The accused was registered vide TSNU/PS/C/NO

0005/2020 u/s 22 NDPS Act which was charge-sheeted and was submitted on 28.11.2020 nomenclatured as charge-sheet No. 6/2020, which was filed before the Special Judge, Kohima. Thereafter, the accused was granted bail by the Special Judge on certain conditions by an order dated 19.05.2020. The trial was yet to begin when this petition u/s 482 has been filed before this Court for quashing and setting aside of the charge- sheet dated 28.11.2020 and FIR dated 11.04.2020, the pending proceedings before the Special Judge NDPS Act. By an order dated 01.04.2021, the proceedings before the learned Special Judge which has been nomenclatured as Special Case No. 11/2020 has been stayed.

Learned counsel, Mr. Sentiyanger, appearing for the petitioner submits that the prayer of the petitioner is solely on the ground of procedural irregularities which has been mandated by the NDPS Act 1985. He submits that the provisions under special laws have to be strictly followed since it concerns liberty of citizens. No filing of proceedings result in ensuring the entire proceedings in any given criminal trial. In the instant case, the procedures provided u/s 41 and 42 have been violated. The accused/petitioner was arrested, searched and the same illegal substances were seized by unauthorized agencies. This search, arrest and seizure by the CoVID-19 Surveillance Team of Kandinu Group Village Council has therefore, no authority in the eye of the law as contemplated u/s 41 and 42 of the NDPS Act. For the sake of clarity, section

41 and 42 of the NDPS Act are reproduced herein below:-

“Section 41and 42 in The Narcotic Drugs and Psychotropic Substances Act, 1985

1[41. Power to issue warrant and authorisation.