UNION OF INDIA Vs. PRAHLAD SINGH

JUDGEMENT

(1.) This order shall also govern disposal of Criminal Revisions Nos. 192/ 1991, Union of India v. Hargovind; 193/1991, Union of India v. Radhey Shyam and 194/ 1991, Union of India v. Mohanlal, as the common central question involved in all the four petitions is: whether in the absence of constitution and establishment of a Special Court under Section 36 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the 'Act'), the Sessions Court under S. 36-D, which deals with transitional provisions until a Special Court is constituted u/S. 36, can take cognizance and try the offences under Ss. 8/18 of the Act, committed after enforcement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 without the case being committed to the Court of Session.

(2.) The Act was amended by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (Act 2 of 1989)(for short, the 'Amending Act'), which came into force from 29-5-1989, by which certain sections in the Act have been substituted, in all the four matters, the offences are said to have been committed after the enforcement of the Amending Act. Therefore, the Union of India, through the Narcotics Commissioner presented the complaint before the Sessions Judge, Guna, as the Government did not constitute and establish Special Court in accordance with S. 36 of the Act. The learned Sessions Judge placing reliance on a decision of this Court in Rameshchandra v. Union of India, 1991 MPLJ 271, by the impugned order sent the case to the Magistrate concerned to conduct inquiry contemplated u/S. 202(2) of the Code of Criminal Procedure, 1973 (for short, the 'Code) and to commit the case to the Court of Session.

(3.) Shri N. P., Mittal, counsel for the Department; Shri D. R. Sharma, counsel for non-petitioner in Revision No. 191/1991; and Shri Rajiv Gupta and Shri Rakesh Saxena amicus curiae, were heard.