SADANAND Vs. STATE

JUDGEMENT

(1.) HEARD Mr. D'Souza, learned Counsel for the applicants and Mr. Ferreira, learned Public Prosecutor for the respondents. Both these applications filed by the applicants, who are accused in N.D.P.S. cases are being disposed of by the common order since identical question of law is involved in both these applications and the facts are almost identical.

(2.) BRIEFLY , the facts in Criminal Application (Main) No.110/2011 are as under :

(3.) IN Criminal Application No.115/2011, the applicant was arrested on 18th January, 2010 and F.I.R. was registered on 19th January, 2010 by the respondent police station against the applicant for the offences punishable under Sections 21(b) and 22(C) of The Act. On 10th November, 2010, the respondent filed an application in N.D.P.S. Court seeking extension of 60 days time for filing chargesheet. On 10th November, 2010, Judge Shri Sawaikar granted 60 days' extension from 14th November, 2010. On 22nd December, 2010, the applicant filed the bail application seeking bail which was dismissed by order dated 31st December, 2010. On 2nd February, 2011, the applicant filed Criminal Application No.31/2011 in this Court seeking bail which was opposed by the respondents. This Court by order dated 17th March, 2011 dismissed the application on the ground that the applicant was heard by the Special Judge. It is the case of the applicant that in June, 2010 he came to know that Judge Smt. B. K. Thaly was not relieved of her posting and Judge Shri Sawaikar could have acted only in the absence of Special Judge and as such, the order dated 10th November, 2010 passed by Shri Sawaikar was nonest being Coram non judice. The applicant has sought a declaration that the order dated 10th November, 2010 granting extension of time to the respondents to file chargesheet be declared null and void and the Special Judge appointed under Section 36(2) of The Act be directed to pass an appropriate order on the application dated 10th November, 2010.