Supreme Court halves cost imposed on Narcotics Control Bureau by Calcutta High Court
A bench of Justices M.M. Sundresh and K. Vinod Chandran passed the order on Centre's plea challenging the Calcutta High Court's June 16, 2024 order.
The high court imposed the cost on the NCB over the delay in appealing against an acquittal in a case. The amount was directed to be paid to West Bengal State Legal Services Authority, Kolkata, within a week.
The NCB was directed to recover the cost from its personnel involved in the process of drafting and filing the government appeal.
The apex court, however, ordered the cost to be deposited by the government and not 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 told the Centre's counsel.
The top court 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 (Centre's counsel) but by the petitioner."
The law officer pointed out that in several cases, appeals were filed with delay and it was "disturbing". He said some observations from the apex court on the issue would be helpful.
"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 observed.
The NCB's appeal was against the acquittal verdict of a special NDPS court in Barasat.
The high court order observed that the NCB was required to apply for a leave to appeal under Section 378(3) 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(3) of the Code of Criminal Procedure corresponding to Section 419(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023," it said.
The high court said it had pointed it out on May 19 and then in June with the NCB counsel being told that appropriate leave under the provisions was not obtained to file a government appeal.
On June 16, however, the NCB's counsel sought to withdraw the appeal along with connected applications.
"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 high court said as it saddled the NCB with ₹1 lakh.
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