Judgment:
ORDER
1. An interesting substantial legal question, propagated by Mr. K. Asokan, learned Counsel, however, almost already settled, in seeking the admission of this revision, to canvass the propriety and legality of the impugned order passed by the learned Special Judge, Special Court (N.D.P.S. Act), Madras in C.C. No. 418 of 1995, dated 8-7-1996, is extracted hereunder :
'Is the Assistant Director, Narcotics Control Bureau, South Zone, Madras competent to get permission from the Court under the N.D.P.S. Act for further investigation of a complaint filed under Section 200 of the Code of Criminal Procedure and if so, whether the Special Court is competent to grant such permission ?'
2. On 10-4-1995 the Office of the Narcotics Control Bureau, Madras, is said to have received a fax message from the Drug Liaison Officer, Her Majesty's Customs & Excise, Bombay, regarding the seizure of 20,34,000 Mandrax tablets in the Kingdom of Swaziland and this consignment is said to have been sent from India and since the goods attracted the definition of Narcotic Drugs and Psychotropic substances Act, a case in F. No. 48/1/3/95/NCB/MDS was registered by the Assistant Director, Narcotics Control Bureau South Zonal Unit, Madras, the respondent herein. During the course of investigation it was found that the said goods have been sent by M/s. K.J. Exports at 36, Seventh Street, Sashtri Nagar, Madras-20 in the guise of clear bulbs to a company by name M/s. Dynamic Electronics Private Limited, P.O. Box. No. 6730, Anneferre, South Africa, Pursuant to the investigation conducted in India, a complaint in C.C. 418 of 1995 was filed in the Special Court for N.D.P.S. Act cases, Madras against four persons by name Arif U. Patel, Y. V. Nagaraj, G. N. Venugopal and Arumugham. The Special Court took it on file and a charge for the offence under Section 8(c) punishable under Section 23 of N.D.P.S. Act was framed.
3. The Officers of the Narcotics Control Bureau are working in Unison with Interpol and other agencies to fight drug trafficking pursuant to the Vienna convention, to which, India is a signatory. They gathered intelligence that the petitioner herein is likely to visit India. In the context of the telefax message received, followed by the investigation done by the respondent and the contents made in the complaint viz., 'during the course of investigation in India and abroad according to law, on scrutiny of documents seized in searches and otherwise and from statements recorded from the persons concerned in India and abroad, it has come to light that A.1 to A.4 and other persons known and unknown based in India and abroad had committed an offence under the N.D.P.S. Act...' the respondent filed a petition before the Special Court for N.D.P.S. Act cases on 8-7-1996 for a formal permission to conduct further investigation in this case and accordingly, obtained the permission.
4. The application above referred to was filed under Section 173(8) of the Code of Criminal Procedure. The verbatim narration of the same is hereunder :
'Application under Section 173(8) Cr.P.C.
In the above case, complaint was filed and charges have been framed against the accused by this Hon'ble Court on 16-2-1996 and the case is now under trial.
Now, there is definite information that out of some persons who were parties to the criminal conspiracy and referred in the complaint 'as other persons known and unknown based in India and abroad' are now available in India. Their complicity in this offence has also been mentioned in the telefax message received from Interpol, South Africa through British Drug Liaison Officer, Bombay which Forms part of the record in this case in this Hon'ble Court.
It is submitted that Umar Abdul Shakoor Sorathia importer of the consignee of Mandrax into Mozambique, illicitly exported out of India, is now available in India and therefore, to bring out the involvement and complicity of the said Umar Abdul Shakoor Sorathia and other persons, he is necessarily to be interrogated. This part of the investigation is to be carried out in secrecy and any leakage of the message will alert the said person who will definitely flee from India. Therefore, in the interest of justice in order to bring out the nature of involvement of the said person and others, this Honourable Court may be pleased to grant permission to further investigate under Section 173(8) Cr.P.C. and submit further reports thereof.
Dated at Madras this the 8th July, 1996'.
5. On the same day i.e. on 8-7-1996, when the above petition was filed learned special Judge for N.D.P.S. Act cases, Madras has passed the following order :
'Petition to grant permission to further investigation under Sec. 173(8) Cr.P.C. and submit further reports thereon.
This petition coming on this day for hearing before me upon perusing the material papers on record and in the presence of Thiru P. N. Prakash, Central Govt. Public Prosecutor, for complainant, this Court made the following