ALPESH Vs. CENTRAL NARCOTICS BUREAU,RATLAM

JUDGEMENT

(1.) THIS order shall govern disposal of Criminal Revision Nos. 225/97, 241/97 and M. Cr. C. No. 2472/97 arising out of order dated 26-4-1997 passed in Special Case No. 28/97 of the Court of 1st Additional Sessions Judge, Ratlam; order dated 14-3-1997 passed in Crime No. 66/97 of the Court of Sessions Judge, Ratlam; and order dated 2-4-1997 passed in Special Case No. 17/97 of the Court of Special Judge, Ujjain respectively.

(2.) IN Special Cases No. 28/97 and 17/97, the Deptt. of Central Bureau of Narcotics, Government of India, has filed complaints alleging commission of of­fence by the accused applicants under the Narcotic Drugs and Psychotropic Substan­ces Act, 1985 (for short, the Act, 1985). The complaints were filed before the respective Court of Sessions as the Special Courts were not constituted under Section 36 by that time. The Sessions Court pur­porting to act under the transitory provision of Section 36-D posted these cases for consideration of charge. It was at this stage that Special Courts came to be constituted under Section 36. The learned Sessions Judge/Addl. Sessions Judge have by orders impugned directed for transfer of these cases to the Special Courts. Crime No. 66/97 giving rise to Cr. R. No. 241/97 is registered at P.S. Industrial Area, Ratlam under Section 8/20 of the N.D.P.S. Act and the case was still at the investigation stage, when the Special Court came to be con­stituted and the Sessions Court therefore, by order dated 14-3-1997 directed for transfer of remand papers to the Special Courts.

(3.) THE most question requiring determination is 'what is the stage in a case under N.D.P.S. Act when the Sessions Court can be said to have taken cognizance'?