STATE OF MAHARASHTRA Vs. AHMED ISAK SHAIKH

JUDGEMENT

(1.) Heard learned APP at the admission stage.

(2.) The present application has been filed under Sec. 378(1)(b) of the Code of Criminal Procedure ( Cr.P.C .), seeking leave to challenge the acquittal of respondents by learned Special Judge (under NDPS Act ) Omerga, by judgment and order dtd. 30/11/2018 in Special NDPS Case No. 01 of 2016 from the offences punishable under Sec. 20(b) ii(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act ).

(3.) Before we proceed, it is to be noted that Sec. 36-B of NDPS Act deals with Appeal and Revision. It provides that the High Court may exercise so for as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court, that means, a special provision for filing the appeal is made available by the said Sec. 36-B of NDPC Act. For that purpose, leave need not be asked under Sec. 378(1)(b) of Cr.P.C. The petition is therefore considered under Sec. 36-B of NDPS Act.