SHABBA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THROUGH the petition, the petitioners seek to quash the order dated 5. 4. 2005 passed by the Judicial Magistrate No. 5, North, Kota, whereby the learned Magistrate has taken cognizance of the offence under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred to as the "ndps ACT" ).

(2.) LEARNED counsel for the petitioners strenuously contended that 37 Kgs. Of Poppy Straw was alleged to be recovered from their possession and a case for offence under Section 8/15 (B) of the NDPS Act was registered against them. Referring the provisions of Section 36a of the NDPS Act, learned counsel argued that since the quantity of poppy straw recovered from the possession of the petitioner was lesser than the commercial quantity but greater small quantity and the punishment provided for offence under Sec. 8/15 (B) is more than three years, the Judicial Magistrate was not empowered to take cognizance of the offence. He submitted that the offences under this Act which are punishable with imprisonment for a term of more than three years shall be triable only by the Special Courts.

(3.) CLAUSE (d) of Sub-section (1) of Section 36-A provides that a Special Court may, upon perusal of police report of the facts constituting offence under this Act or upon complaint made by an officer of the Central Government or State Government authorised in this behalf, take cognizance of that offence without the accused being committed to it for trial. Thus, clause (d) emphatically makes it clear that it is only the Special Court where challan has to be filed and that the Special Court constituted for the purpose is competent to take cognizance of the offence punishable under Section 8/15 of the NDPS Act under which the punishment prescribed may extend to a term of ten years.