Dismissing the petitions filed by Joswin Lobo and Anirudh V Konnur, against whom CCB had registered a drug peddling case last year, Justice M Nagaprasanna pointed out that in the Mukesh Singh case, the Supreme Court had held that the officer of the rank of sub-inspector can be the officer in-charge of the police station.
The judge noted that on September 11, 1986 itself, the state government had issued notifications, empowering the SI to perform the duties of the officer in-charge of the police station and also vesting the powers of the officer in-charge of the station for investigation under the NDPS Act with the SIs of the drugs control and excise departments.
The petitioners had contended that the PSI who registers the FIR and files the final report/chargesheet before the competent court is not the officer in-charge of the police station.
According to the petitioners, in view of the said violation which is incurable, the chargesheet as well as the proceedings initiated against them under NDPS Act need to be quashed.
Five people, including the petitioners, Lobo and Anirudh, were arrested in June last year and 56.5 grams of MDMA pills and 250 grams of hashish, considered as a commercial quantity, were recovered. The charge against them was that they indulged in drug trafficking, supplying them to college students and IT/BT employees. They were selling each MDMA ecstasy pill at Rs 4,000 to Rs 5,000, an LSD strip Rs 4,000 to Rs 5,000 and 100 grams ganja around Rs 5,000.