Supplementary complaint under NDPS Act —– The petitioner challenged the very submission of supplementary complaint dated 23.04.2021 in the Court of learned Special Judge (NDPS Cases), Jaipur Metropolitan-I, Jaipur. In pursuance of the proceedings, the learned Judge on 15.03.2021 issued warrant of arrest against the petitioners. The petitioners filed a D.B. Civil Writ Petition, wherein in pursuance to order dated 25.03.2021 of the Division Bench of this Court, the petitioners have appeared before the Investigating Authorities. The counsel for the petitioner submitted that a subsequent complaint, on the same set of allegations, has been submitted under the nomenclature of supplementary complaint taking resort of Section 299 of Cr.P.C. The petitioners have appeared before the Authorities and been interrogated and their statements have been recorded, thus, there is no material to show that they have made abscondance. The court observed that during existence of the first complaint, filing the second complaint under the nomenclature of supplementary report is not permissible under law. The apprehension of the accused-petitioner that in the garb of the subsequent complaint, again efforts would be made to make search, seizure and to affect the arrest of the accused. When the facts manifestly reflecting that the petitioners have not made abscondance. The matter requires serious consideration.

Held that:- The Hon’ble High Court stayed further proceedings, qua the petitioners, in pursuance of the supplementary complaint dated 23.04.2021. The petitioners are expected to co-operate with the agency in connection with the first complaint dated 21.02.2021. Put up on 28.03.2022.