JAMIL AHMED Vs. STATE OF U P

JUDGEMENT

(1.) The present application under Section 407 Cr.P.C. has been moved to transfer the Special Trial No. 3 of 2003 (State v. Jamil Ahmad) from the court of Additional Sessions Judge, Mainpuri to the Court of Special Judge (N.D.P.S. Act) where it is available near the District Mainpuri.

(2.) The facts of the case, as detailed in the accompanying affidavit, are that police of Bichhawa District Mainpuri has shown the false recovery of Smack from the possession of the applicant and he was challenged under Section 18/20/29 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as Act). After investigation, charge sheet was filed against the applicant in the Court of Sessions Judge, Mainpuri. The Sessions Judge, Mainpuri transferred the case to the Additional Sessions Judge, Court No.3, Mainpuri and trial of the case started before the said court, which has recorded the statement of witness Sattar on 21.11.2005

(3.) According to Section 36A of the Act, all the offences under this Act shall be tried by the Special Court constituted for the area. Section 36A of the Act lays down the constitution of the special court. Thus, according to the applicant, only the Special Court is competent for the trial of the cases under the said Act and trial of the applicant by the Additional Sessions Judge, Mainpuri is illegal as he is not competent for trial of the cases under the said Act. The Additional Sessions Judge has recorded evidence and tried to conclude the trial of the case, to which he is not empowered to do.