BHUPINDER SINGH @ BHINDA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These matters were referred to this Bench in pursuance of an Order passed by the Ld. Single Judge in CRM-M-21034-2016 on 10.11.2016. In the other cases, the Applicants were convicted and sentenced for the offences under Sec. 22 of the NDPS Act by different judgments passed by the concerned Special Courts in the State of Punjab. They consequently filed their separate Appeals against the convictions alongwith applications for suspension of their sentences. The reference order(s) have been mostly passed while hearing the applications for suspension of sentence.

(2.) The relevant extracts from the above-mentioned Order passed by the Ld. Single Judge are set out below -

(3.) We may observe at the outset that the Ld. AAG appears to have been under some misconception regarding the matters being entertained by us while submitting before the Ld. Single Judge, "that now as per the mandate of the Supreme Court, a special Division Bench of this Court is looking into various aspects of the NDPS Act", after which, all the above appeals have been sent up before us. We may clarify that this Division Bench was actually assigned with a twofold determination, firstly to entertain Writ Petitions seeking or challenging investigations in NDPS cases, as well as bail matters at the stage of investigation or before conclusion of trials in the pending cases, and secondly, Public Interest Litigations arising out of the larger social malady afflicting the territories within this Court's jurisdiction, of on account of widespread availability and consumption of Drugs etc with a view to identifying and enforcing remedial measures, including deaddiction and Rehabilitation of the drug addicts. Consequently, final disposal of Criminal Appeals on merits is not exactly within the special determination assigned to this Division Bench, and which therefore appropriately ought to be disposed off by the concerned Benches in accordance with the assigned Roster.