BIRENDRA MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This jail appeal arises out of the judgment and order dated 22.12.2007 passed by the Presiding Officer of Fast Track Court-I, Motihari, in N.D.P.S. Case No. 14 of 2005 (Union of India through S.K. Sircha, Superintendent, Custom (P), Sugauli v. Birendra Mishra). As may appear from the title head of the judgment and from the designation of the Presiding Officer, he was an Additional Sessions Judge-cum-Presiding Officer, Fast Track Court-I, Motihari. As per the provision of Section 36A(1) of the Narcotic Drugs and Psychotropic Substances Act the offences under the N.D.P.S. Act which were punishable with a sentence of more than three years was to be tried by the Special Court constituted under the Act. As regards the constitution of the Special Courts, the relevant provision is Section 36 which reads as under:

(2.) The lower court record indicates that the charges were framed by the learned Sessions Judge, Motihari on the 2nd July, 2002 and evidence was recorded by him up to 27.7.2005 on which date P.W. 1 was examined, cross-examined and discharged. P.Ws. 2, 3, 4, 5, 6, 7 and 8 were examined by the Presiding Officer of the Fast Track Court which court delivered the judgment also. The proceedings from 29.11.2005 on which date the deposition of P.W. 2 was recorded till the date of judgment by the Fast Track Court appears without jurisdiction and, as such, those proceedings are hereby quashed as carried out or passed in complete lack of jurisdiction.

(3.) In the result, this appeal is allowed and the judgment of conviction and order of sentence passed on 22.12.2007 is hereby set aside. However, the matter is remanded back for retrial in the light of the illegality just pointed out.