Jammu & Kashmir High Court
Inspector Custom Station vs Kuldeep Raj on 22 August, 2019
Author: Sindhu Sharma
Bench: Sindhu Sharma
Sr. No. 11
Advance List
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CRAA No.108/2010
IA No. 2/2011
Inspector Custom Station, Samba ...Appellant(s)
Through:- Mr. Jagpaul Singh, Advocate
v/s
Kuldeep Raj .... Respondent(s)
Through:- None
HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE
Coram :
HON'BLE MS. JUSTICE SINDHU SHARMA, JUDGE
ORDER
01. Challenge in the present appeal is to the order passed by the learned Court below in a complaint filed by the appellant under Section 15 of the NDPS Act 1985, wherein the respondent was acquitted.
02. The ground on which the learned Court below had dismissed the complaint is that the authorization to carry out search was issued by the Superintendent, Customs Preventive Station, Kathua for the premises in question situated at Parjani Palah More, Samba. As the Superintendent Customs Preventive Station, Kathua did not have territorial jurisdiction over that area, the search itself was found to be without jurisdiction and the respondent was acquitted.
03. Learned counsel for the appellant could not dispute the fact that as per Section 41 of the NDPS Act and the Notification No. S.O 824 (E), dated 14th December, 1985 issued there under, the Superintendent Customs 2 CRAA No.108/2010 Preventive Station is authorized to exercise power specified in Section 41(2) of the NDPS Act within the area of their respective jurisdiction.
04. In the case in hand, the jurisdiction for the area in question i.e Parjani Palah More, Samba was with the Superintendent, Customs Preventive Station, Samba.
05. As undisputedly the authorization for carrying out search was by an incompetent officer, we do not find any error in the order passed by the learned Court below recording acquittal of the respondent.
06. The appeal is, accordingly, dismissed.
(Sindhu Sharma) (Rajesh Bindal)
Judge Judge
Jammu
22.08.2019
Vijay
Whether the order is speaking: Yes
Whether the order is reportable: Yes/No
VIJAY KUMAR
2019.08.27 14:37
I attest to the accuracy and
integrity of this document