STATE OF RAJASTHAN Vs. KALU RAM

JUDGEMENT

(1.) The State has come up in this case for cancellation of the bail granted to the accused person.

(2.) The bail to the accused was granted by the Court of Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Cases, Pratapgarh Camp Chittorgarh on 15.6.1999. The Court of Special Judge, S.C. S.T. Cases heard the case in the back ground that on that day the Sessions Judge was on leave.

(3.) The State has come up before this Court for cancellation of bail on the ground that the Special Judge was not empowered to work as Presiding Officer of the Court of Special Judge, N.D.P.S. Cases. Under the N.D.P.S. Act the powers of hearing of N.D.P.S. case has been delegated to the Sessions Judge. But the same cannot be delegated to any other officer by the Sessions Judge. They can either be exercised by the Sessions Judge or by the Special Judge, N.D.P.S. cases. The delegation of power is only possible by the State Government and there is no power with any other authority to delegate the power of hearing of the N.D.P.S. cases to any other authority barring the Special Judge, N.D.P.S. cases and the Sessions Judge.