SC halves price imposed on Narcotics Control Bureau by Calcutta HC

A bench of Justices M M Sundresh and Okay Vinod Chandran handed the order on Centre’s plea difficult the Calcutta High Court’s June 16, 2024 order.

The excessive courtroom imposed the associated fee on the NCB over the delay in interesting towards an acquittal in a case.

The quantity was directed to be paid to West Bengal State Legal Services Authority, Kolkata, inside every week.

The NCB was directed to get better the associated fee from its personnel concerned within the strategy of drafting and submitting the federal government attraction.

The apex courtroom, nevertheless, ordered the associated fee to be deposited by the federal government and never the officers.

“One thing is clear. There must be either the fault of your lawyer or your officer. It has to be either one of them,” the bench informed the Centre’s counsel.

The prime courtroom continued, “We are not inclined to interfere with the impugned judgement. However, the compliance is to be made not by the officer in view of the specific statement made by the Additional Solicitor General but by the petitioner.”

The regulation officer identified that in a number of circumstances, appeals have been filed with delay and it was “disturbing”.

He stated some observations from the apex courtroom on the problem could be useful.

“Please understand your position as a lawyer. If they don’t come to you, you should know what to do. You don’t ask the Supreme Court to issue directions to validate your orders,” the bench noticed.

The NCB’s attraction was towards the acquittal verdict of a particular NDPS courtroom in Barasat.

The excessive courtroom order noticed that the NCB was required to use for a depart to attraction beneath Section 378 of the Code of Criminal Procedure.

“Narcotic Control Bureau did not do so. Narcotic Control Bureau proceeded to file a government appeal without applying for and obtaining an order under Section 378 of the Code of Criminal Procedure corresponding to Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023,” it stated.

The excessive courtroom stated it had pointed it out on May 19 after which in June with the NCB counsel being informed that applicable depart beneath the provisions was not obtained to file a authorities attraction.

On June 16, nevertheless, the NCB’s counsel sought to withdraw the attraction together with linked functions.

“In view of the conduct of Narcotic Control Bureau, as noted above, granting unconditional leave to withdraw, as prayed for, will not suffice interest of justice. Narcotic Control Bureau must be put on terms,” the excessive courtroom stated because it saddled the NCB with ₹1 lakh.

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