RAJESH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner is facing trial in special case No.157 of 1999, under sections 8/20 N.D.P.S.Act before the Special Judge, N.D.P.S. Act, Varanasi. According to the prosecution case, the applicant was found in possession of 1 Kg. of contraband ganja. The applicant moved an application before the learned Special Judge, N.D.P.S.Act that the case is triable by the Magis?trate and therefore, it may be sent back to the Magistrate for summary trial of the applicant in accordance to the provisions of N.D.P.S.Act as amended by Act No.9 of 2001 which have been en?forced w.e.f. 27-09-2001 and Cr.P.C. The application of the petitioner has been rejected by the impugned order dated 11-02-2002. Aggrieved by it, the present petition has been preferred.

(2.) I have heard Sri Manish Tiwary, learned counsel for the petitioner and the learned A.G.A. I have also perused the provisions of amending Act No.9 of 2001 which have been enforced from 27-09-2001.

(3.) The original provisions of the N.D.P.S.Act, 1985 has been substantially amended by the amending Act No.9 of 2001. Section 36-A of the original Act provided for trial of offences under the Act by the Special Courts. This section has been amended and amended sub-clause 1(a), which is relevant for the purpose of this petition is extracted below : Section 36-A: