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1997 DIGILAW 1471 (RAJ)

Hari Ram v. State of Rajasthan

1997-12-09

AMRESH KUMAR SINGH

body1997
Honble SINGH, J.–Heard the learned counsel for the petitioner and the learned Public Prosecutor. (2). By this petition under Section 482 Cr.P.C. it is prayed that the criminal appeal no. 16/92 Hari Ram vs. State of Rajasthan filed under Section 63 of the Narcotic Drugs & Psychotropic Substances Act, 1985 be transferred from the Court of Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities Act), Cases-cum-Additional Sessions Judge, Jodhpur to the Court of District and Sessions Judge, Jodhpur. The ground on which the prayer for transfer of the appeal has been made is that sub-section (3) of Section 63 of the Narcotic Drugs & Psychotropic Substances Act requires the appeal to be filed before the Court of Sessions and therefore, it is the District and Sessions Judge only who can hear and dispose of the appeal and an Additional Sessions Judge, who is of the same rank as the Special Judge appointed under the Narcotic Drugs & Psychotropic Substances Act cannot hear the appeals filed under Section 63 of the NDPS Act. (3). The learned Public Prosecutor conceds that it would be proper if the appeal is disposed of by the District and Sessions Judge, Jodhpur himself. (4). It is true that according to the provisions of the Cr. P.C., there can be only one court of Session in a District and all Additional Sessions Judges exercises jurisdiction in the same Court of Sessions, in which the Sessions Judge exercises the jurisdiction, subject of course to the orders or directions given by the Sessions Judge as to the distribution of business. However, this fact cannot be ignored that the Special Judge who has/is appointed under the provisions of the Narcotic Drugs & Psychotropic Substances Act is an officer of the rank of Additional Sessions Judge and the order of confiscation against which an appeal is filed under sub-section (3) of Section 63 is passed by him. It would, therefore, be proper that the appeal is heard and finally disposed of by an officer, who is of the rank of Sessions Judge. (5). Having regard to the facts and circumstances of the case, the petition is allowed and it is hereby ordered that criminal appeal no. 16/92 filed under Section 63(3) of the Narcotic Drugs & Psychotropic Substances Act shall be heard and dis- posed of by the learned District and Sessions Judge, Jodhpur. (5). Having regard to the facts and circumstances of the case, the petition is allowed and it is hereby ordered that criminal appeal no. 16/92 filed under Section 63(3) of the Narcotic Drugs & Psychotropic Substances Act shall be heard and dis- posed of by the learned District and Sessions Judge, Jodhpur. The learned District and Sessions Judge, Jodhpur shall recall the order, by which the appeal was made over to the Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities Act) Cases- cum-Additional Sessions Judge, Jodhpur. A copy of this order be sent to the learned Sessions Judge for information and necessary action.