Hari Ram vs State of Rajasthan

A.K. Singh, J.—Heard the learned Counsel for the Petitioner and the learned public prosecutor.

By this petition u/s 482, code of Criminal Procedure it is prayed that the Criminal Appeal No. 16 of 1992, Hari Ram v. State of Rajasthan. filed u/s 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985, be transferred from the Court of Special Judge. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), Cases-cum-Additional Sessions Judge, Jodhpur to the Court of District and Sessions Judge, Jodhpur. The ground on which the prayer for transfer of the appeal has been made is that Sub-section (3) of Section 63 of the Narcotic Drugs and Psychotropic Substances Act requires the appeal to be filed before the Court of Session, and, therefore, it is the District and Sessions Judge only who can hear and dispose of the appeal and an Additional Sessions Judge, who is of the same rank as the Special Judge appointed under the Narcotic Drugs and Psychotropic Substances Act, cannot hear the appeals filed u/s 63 of the N.D.P.S. Act.

The learned public prosecutor concedes that it would be proper if the appeal is disposed of by the District and Sessions Judge, Jodhpur himself.

It is true that according to the provisions of the code of Criminal procedure there can be only one Court of Session in a District and all Additional Sessions Judge exercise jurisdiction in the same Court of Session, in which the Sessions Judge exercises the jurisdiction, subject of course to the orders or directions given by the Sessions Judge as to the distribution of business. However, this fact cannot be ignored that the Special Judge who was/is appointed under the provisions of the Narcotic Drugs and Psychotropic Substances Act is an officer of the rank of Additional Sessions Judge and the order of confiscation against which an appeal is filed Under Sub-section (3) of Section 63 is passed by him. It would, therefore, be proper that the appeal is heard and finally disposed of by an officer, who is of rank of Sessions Judge.

Having regard to the facts and circumstances of the case, the petition is allowed and it is hereby ordered that Criminal Appeal No. 16 of 1992 filed u/s 63(3) of the Narcotic Drugs and Psychotropic Substances Act shall be heard and disposed of by the learned District and Sessions Judge, Jodhpur. The learned District and Session judge, Jodhpur shall recall the order by which the appeal was made over to the Special judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) Cases-cum-Additional Sessions Judge, Jodhpur. A copy of this order be sent to the learned Sessions Judge for information and necessary action.