KANNIGA Vs. STATE

JUDGEMENT

(1.) THE Offence alleged against the Petitioner is under Sections 8(c) r/w 20(b)(ii)(A) of N.D.P.S. Act in Crime No.96 of 2006 on the file of the respondent.

(2.) LEARNED counsel for the Petitioner submits that the Petitioner has been arrested by the respondent Police on 3.2.2006. The allegation against the Petitioner is that the Petitioner was found in possession of 24 gms Of Ganja. It is submitted by the learned counsel for the Petitioner that the Petitioner is a lady and she is a house wife and she has to take care of her children.

(3.) THE case concerned in respect of this Petition comes under third item of Schedule II of Cr.P.C. It is further submitted by the learned Special Public Prosecutor that there is absolutely no ambiguity as per the provision under Section 36-A(1)(a) of the N.D.P.S. Act r/w 4(2) of Cr.P.C. Schedule I, Classification 2 of Cr.P.C. empowers the Courts as specified in the Cr.P.C. to try the cases which are punishable with imprisonment for less than three years. It is also pointed by the learned Special Public Prosecutor that all the Courts in this State were under the impression that any offence under N.D.P.S. Act should be tried only by the Special Judge constituted exclusively for the offence falling under N.D.P.S. Act. Learned Special Public Prosecutor also pointed out that unfortunately the lower Courts have not considered the provision under Section 36-A(1)(a) of the N.D.P.S. Act which empowers other Magistrates as per the provisions stated above under the Cr.P.C. to try the offences which are punishable with imprisonment less than three years for the offence alleged under the N.D.P.S. Act. It is also brought to my notice by the learned Special Public Prosecutor that the above said provision has been made in the N.D.P.S. Act by Amendment Act 9/2001 dated 2.10.2001. It is also submitted by learned Special Public Prosecutor that the Courts below have not given effect to the above said provision under Section 36-A(1)(a) of N.D.P.S. Act and as a result, the Special Court for N.D.P.S. Cases is flooded with number of applications as well as number of cases resulting in delay in proceedings and ultimately both the litigants as well as the officials concerned are subject to unnecessary problems and hardships.