Pushpendra Singh Bhati,J. - (1.) In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.
(2.) Learned counsel for the petitioner submits that the controversy involved in this matter is squarely covered by the judgment rendered by this Hon ble Court at Jaipur Bench in Jeetu Bohra Vs. State of Rajasthan , 2015 LawSuit(Raj) 924, relevant portion of which reads as follows: "(8). Sub-section (1) of Section 36-A of the NDPS Act provides that notwithstanding anything contained in the Code of Criminal Procedure, all offences under the Act which are punishable with imprisonment for a term of more than three years shall be triable only by the Special Court constituted under Section 36 of the Act. It is not disputed that in Rajasthan Several Special Courts have been constituted/established by the State of Rajasthan under Section 36 of the NDPS Act for the trial of offences punishable under the provisions of the Act and the trial Court also has been declared to be a Special Court within the meaning of Section 36 of the Act. Sub-section (2) of Section 36-A of the Act provides that when trying an offence under the Act, a Special Court may also try an offence other than an offence under the Act with which the accused may under the Code of Criminal Procedure be charged at the same trial. It is thus clear that if in a case the accused is charged with an offence under the NDPS Act and any other offence also, he shall be tried by the Special Court constituted under the provisions of the Act not only for the offence punishable under the NDPS Act, but for such other offence also in the same trial. (9) In view of the fact that when a Special Court has been constituted under Section 36 of the NDPS Act for the trial of offences under the NDPS Act and as per sub-section (2) of Section 36-A of the Act, such Court has been conferred power to try an accused for other offence also for which he has been charged alongwith the charge for an offence under the NDPS Act and in view of clause (b) of Section 26 Cr.P.C., even if a Special Court has been constituted under the general provisions of Section 9 Cr.P.C. by the State of Rajasthan for trial of offence relating to fake currency notes for the whole of the State of Rajasthan. It cannot be said that the Special Court constituted under the provisions of NDPS Act has no jurisdiction to try an accused for offences under Sections 489-B and 489-C IPC even if he has been charged for these offences alongwith a charge for an offence under NDPS Act. In my view that a Special Court constituted under the provisions of a Special Act must have precedence over a Special Court which has been constituted/established under the general powers conferred under the provisions of Cr.P.C. (10) In view of the above, no illegality and perversity is found in the impugned order requiring interference by this Court under Section 482 Cr.P.C."
(3.) Learned counsel for the petitioner further submits that the offence under the NDPS Act as well as Sections 489-A, 489-B and 489-C of IPC have been found to be made out against the present petitioner. Learned counsel also submits that the learned Chief Judicial Magistrate has ordered separate charge-sheet for the same FIR just because two offences were involved.;