SC cuts cost imposed on Narcotics Bureau by 50% following Calcutta HC's order

The Supreme Court on Thursday refused to completely set aside a Calcutta High Court order that imposed a cost on the Narcotics Control Bureau (NCB) for a significant delay and procedural lapse in filing an appeal against an acquittal. While upholding the essence of the High Court's censure, a bench of Justices M.M. Sundresh and K. Vinod Chandran, hearing the Centre's plea, reduced the imposed cost from ₹1 lakh to ₹50,000.

The Calcutta High Court's order, dated June 16, 2024, had imposed the fine on the NCB due to its delay in appealing an acquittal verdict from a special NDPS court in Barasat. Crucially, the High Court had noted that the NCB failed to apply for "leave to appeal" under Section 378 of the Code of Criminal Procedure (now corresponding to Section 419 of the Bharatiya Nagarik Suraksha Sanhita, 2023) before filing a government appeal. Despite the High Court pointing out this procedural flaw on multiple occasions in May and June, the NCB counsel eventually sought to withdraw the appeal.

The Supreme Court, while acknowledging the "fault of your lawyer or your officer," clarified that the reduced cost of ₹50,000 should be deposited by the government, rather than being recovered from the individual NCB personnel involved, as originally directed by the Calcutta High Court. The apex court also noted the disturbing trend of delayed appeals by government agencies, with the Additional Solicitor General pointing out that such delays were a recurring issue. The ruling emphasizes the judiciary's push for greater accountability and procedural diligence from investigative and prosecuting agencies. The amount is to be paid to the West Bengal State Legal Services Authority, Kolkata, within a week.