Dismissed¶23

Union of India v. Manash Dey Munshi

Calcutta HC16 Jun 2025GA/7/2025

Case brief

AI extract

What is this about?

Government appeal by Narcotic Control Bureau against NDPS acquittal (Special Court, Barasat, order dated June 7, 2024); appeal filed without leave under S.378(3) CrPC / S.419(3) BNSS 2023; withdrawal of GA 7 of 2025 permitted only on terms; costs Rs.1,00,000/- to West Bengal State Legal Services Authority, recoverable from NCB personnel; Union of India appellant; decision dated 16.06.2025.

What did the court decide?

Leave to withdraw GA 7 of 2025 and connected applications granted on terms: costs of Rs.1,00,000/- to be paid by the Narcotic Control Bureau to the West Bengal State Legal Services Authority, Kolkata within 7 days and recovered from its personnel involved in making and filing the Government appeal; GA 7 of 2025 and connected applications dismissed as withdrawn. ¶23

Union of India Vs Manash Dey Munshi — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the Narcotic Control Bureau could maintain its Government appeal against the acquittal when it had not applied for and obtained the mandatory leave under Section 378(3) CrPC (corresponding to Section 419(3) BNSS, 2023). +1 more

¶15

Court's answer

The Narcotic Control Bureau was required to apply for leave to appeal under Section 378(3) of the Criminal Procedure Code (corresponding to Section 419(3) BNSS, 2023) before filing the Government appeal, and filed it without doing so.

¶15

Ratio / Principle

In view of the conduct of the Narcotic Control Bureau, granting unconditional leave to withdraw would not suffice the interest of justice; the Bureau had to be put on terms.

¶21

Key takeaways

The Narcotic Control Bureau was directed to pay costs of Rs.1,00,000/- to the West Bengal State Legal Services Authority, Kolkata within 7 days, and to recover such costs from its personnel involved in the process of making and filing the Government appeal.ratio¶22

Detailed headnote1 paragraphs

Narcotic Control Bureau sought admission of a Government appeal (GA 7 of 2025) against a judgment and order dated June 7, 2024 of acquittal passed by the learned Special Court, NDPS, 6th Court, Barasat. The Court found that the Bureau had filed the Government appeal without applying for and obtaining the mandatory leave under Section 378(3) of the Criminal Procedure Code, corresponding to Section 419(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The defect was first flagged on May 19, 2025; the Bureau's first report failed to identify the mistake, and only its fresh report (called by order dated June 9, 2025) acknowledged the omission. Holding that the Bureau's conduct meant unconditional leave to withdraw would not suffice the interest of justice, the Court put the Bureau on terms: costs of Rs.1,00,000/- were imposed, payable to the West Bengal State Legal Services Authority, Kolkata within 7 days, to be recovered from Bureau personnel involved in making and filing the appeal. GA 7 of 2025 and connected applications were dismissed as withdrawn.

¶1

16.06.2025 SL No. 11 Dd

¶2

GA 7 of 2025 with

¶3

IA NO: CRAN/1/2025

¶4

In Re:- An application for admission of appeal under Section 372 Proviso of the Code of Criminal Procedure; (as amended up to date),/Section 413 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶5

And

¶6

In the matter of : Union of India

¶7

...… appellant

¶8

Mr. Himangshu Dey, Senior Advocate

¶9

Mr. Moyukh Mukherjee, Advocate

¶10

…for the appellant

¶11

Mr. Subhamoy Bhattacharya, Advocate Mr. Shankar Mukherjee, Advocate Mr. Shibam Banerjee, Advocate

¶12

…for the opposite party

¶13

Report as called for by the order dated June 9, 2025 filed in Court be taken on record.

¶14

Narcotic Control Bureau seeks to prefer an appeal against a judgment and order dated June 7, 2024 of acquittal passed by the learned Special Court, NDPS, 6^th Court, Barasat.

¶15

Under Section 378(3) of the Criminal Procedure Code, Narcotic Control Bureau was required to apply for leave to appeal. 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.

¶16

This was initially pointed out by us on May 19, 2025 upon such point being taken on behalf of the respondent. We called for a report hoping and trusting that the Narcotic Control Bureau will identify the mistake and take suitable corrective measures.

¶17

¶18

Narcotic Control Bureau submitted a report pursuant to an order dated May 19, 2025 without identifying the mistake and taking appropriate corrective measures with regard thereto. We, therefore, by our order dated June 9, 2025 called upon the Narcotic Control Bureau to submit a fresh report. This time, Narcotic Control Bureau by the report identifies that it did not obtain appropriate leave under Section 378(3) of the Code of Criminal Procedure Code corresponding to 419(3) of the BNSS, 2023.

¶19

On June 9, 2025, we repeatedly drew the attention of the learned counsel appearing for the Narcotic Control Bureau that appropriate leave under the provisions of the Criminal Procedure Code corresponding to Bharatiya Nagarik Suraksha Sanhita, 2023 was not obtained by the Narcotic Control Bureau to file a Government appeal.

¶20

Today learned senior advocate appearing for the Narcotic Control Bureau seeks leave to withdraw GA7 of 2025 along with connected applications.

¶21

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.

¶22

Narcotic Control Bureau will pay costs assessed at Rs.1,00,000/- to the West Bengal State Legal Services Authority, Kolkata within 7 days from date. Narcotic Control Bureau will recover such costs from its personnel who are involved in the entirety of process of making and filing the Government appeal.

¶23

GA 7 of 2025 along with connected applications are dismissed as withdrawn, as prayed for.

¶24

(Debangsu Basak, J.)

¶25

(Md. Shabbar Rashidi, J.)

Union of India v. Manash Dey Munshi

Case brief

What is this about?

What did the court decide?

Union of India v. Manash Dey Munshi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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