Districts to be identified in consultation with HC
*Decision taken to ensure
speedy trial of convicts
Mohinder Verma
JAMMU, Jan 13: Four Special Courts are being established in the Union Territory of Jammu and Kashmir to exclusively deal with the cases registered under Narcotics Drugs and Psychotropic Substances Act (NDPSA) cases and Department of Law, Justice and Parliamentary Affairs will shortly identify the districts in consultation with the High Court where these courts will function.
Official sources told EXCELSIOR that a decision in this regard was taken in a high-level meeting chaired by Chief Secretary Atal Dulloo and attended by all the agencies, which are working for the eradication of the menace of drug abuse in the Union Territory of Jammu and Kashmir.
“At present, all the Principal District and Sessions Judges are dealing with the cases registered under NDPSA but keeping in view the load of other cases the matters pertaining to narcotic drugs and psychotropic substances don’t get priority attention, which otherwise is required keeping in view the alarming situation vis-à-vis drug menace”, sources said.
They further said, “the Department of Law, Justice and Parliamentary Affairs will identify the districts where these Special Courts will be established in consultation with the High Court. This is because only High Court has the powers to decide place of sitting of any court”, adding “those districts where maximum number of cases are being registered under NDPSA are likely to get these Special Courts”.
The Section 36 of the Narcotics Drugs and Psychotropic Substances Act, 1985 states: “The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be specified in the notification”.
Similarly, Section 36(A) of the Act read: “Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act which are punishable with imprisonment for a term of more than three years shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the Government”.
Even the Supreme Court of India vide order dated January 23, 2013 in a case titled “Thana Singh Versus Central Bureau of Narcotics” had directed all the States and Union Territories including Jammu and Kashmir where the pendency of cases was more than five years to establish Special Courts to deal with NDPSA cases.
However, despite explicit provisions under the law and the fact that Jammu and Kashmir was having one of the highest number of drug trafficking cases in the country, no serious attention was paid towards establishment of Special Courts in the past.
Even High Court of J&K has a number of times expressed anguish over non-constitution of Special NDPS Courts in J&K and directed the concerned authorities to take immediate steps to set up the same so that objective of speedy disposal of cases relating to offences under NDPS Act was fulfilled and directions of Supreme Court complied with.
Expressing dismay over the manner in which the successive Governments of erstwhile State of Jammu and Kashmir and Union Territory of Jammu and Kashmir dragged their feet on constitution and setting up of Special Courts in terms of Section 36 of NDPS Act, High Court, in one of its judgment, observed, “there is high pendency of cases relating to offences under NDPS Act in the Union Territory and in the absence of Special Courts, these cases are being tried by ordinary Sessions Courts thereby resulting in delay in disposal of these cases”.
Accordingly, the High Court had directed the Government to take immediate steps to set up Special Courts in the Union Territory.
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