Supreme Court Modifies HC Order Imposing Rs 1 Lakh Cost On Union Govt Officers For Delayed Appeal In NDPS Case
The Supreme Courtroom immediately refused to put aside a Calcutta Excessive Courtroom order which imposed price on the Union Authorities for its delay in submitting an attraction in opposition to acquittal underneath the Narcotic Medication and Psychotropic Substances (NDPS).
The Courtroom nevertheless modified the order to say that the fee must be deposited by the Union authorities and never the officers concerned within the making and submitting of the attraction (as directed by the Excessive Courtroom).
Additional, the Courtroom lowered the quantum of the fee from Rs. 1 lakh to Rs.50,000/-.
A bench of Justices MM Sundresh and Ok Vinod Chandran was coping with a problem to the Excessive Courtroom’s order of 16.06.2025, whereby price of Rs.1 lakh was imposed on the Union and made recoverable from officers who had been concerned in making and submitting the attraction earlier than the Excessive Courtroom.
The attraction earlier than the Excessive Courtroom was in opposition to the acquittal of the accused in an NDPS case underneath Sections 25A/29 of the Act. Whereas the Particular Courtroom acquitted the accused on 07.06.2024, the federal government attraction was filed on 17.03.2025.
Throughout preliminary hearings, the Excessive Courtroom famous that the delay ordained in submitting of the attraction was not sufficiently defined by the federal government in its software underneath Part 5 of the Limitation Act. Additional, the attraction was filed with out an software looking for depart to attraction underneath Part 387(3) of CrPC [corresponding to Section 419(3) of BNSS].
The Excessive Courtroom granted alternative to the Union to rectify the error. Accordingly, the requisite software was filed by the division on 13.06.2025, adopted by an in depth report explaining that the division had acted in good religion in pursuing the attraction.
Finally nevertheless, the Excessive Courtroom allowed the attraction to be withdrawn and ordered fee of Rs.1 lakh price. Aggrieved, the Union approached the Supreme Courtroom, claiming that the fee imposed was manifestly unjust and disproportionate to the character of the lapse.
Further Solicitor Common SD Sanjay appeared for the Union and assailed the Excessive Courtroom order. “You filed after a substantial size of time…there should be both the fault of your lawyer, or your officer”, Justice Sundresh advised him.
“The Courtroom had been telling you please do it, and you do not do it…let’s assume the involved lawyer ought to deposit the fee?”, remarked Justice Chandran.
When the ASG requested the Courtroom for some observations in its order on delayed appeals, conceding that there are recurring, “disturbing” delays of their submitting regardless of writing to the officers and the Courtroom’s observations would “assist”, Justice Chandran expressed, “Please perceive your place as a lawyer. If they do not come to you, it’s best to know what to do. You do not ask the Supreme Courtroom to challenge instructions to validate your orders”.
Finally, the federal government was requested to deposit the fee. “It may the authorized companies authority solely”, the bench mentioned.
The petition was filed via AoR Arvind Kumar Sharma.
Case Title: UNION OF INDIA Versus MANASH DEY MUNSHI, SLP(Crl) No. 9500/2025
