Excelsior Correspondent
JAMMU, July 6: High Court today expressed anguish over non-constituting 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 is fulfilled and directions of Supreme Court are complied with.
The significant order has been passed in a petition filed by Arshad Ahmad Allaie in which an important question of law that has arisen in the instant petition is “whether an order granting extension of period of custody of accused beyond 180 days passed by a Sessions Court in terms of Section 36-A of Narcotic Drugs and Psychotropic Substances Act, 1985 is without jurisdiction”.
After hearing Senior Advocate Pranav Kohli with Advocate Frahan Mirza for the applicant whereas AAG Aseem Sawhney for the UT administration, Justice Sanjay Dhar observed, “on the basis of which impugned order granting extension in custody of the petitioner beyond 180 days has been passed, it becomes clear that in the application a detailed account with regard to progress of investigation has been given by the Investigating Officer”, adding “the application also spells out the reasons as to why extension in custody of the accused was required”.
“Additional Sessions Judge, Jammu, has, after taking note of the progress of investigation as indicated in the application of the Investigating Agency and after perusal of the case diary, recorded the reasons for extending custody of the accused including that of the petitioner beyond the period of 180 days”, the High Court said, adding “the order has been passed in presence of the accused including the petitioner and, as such, a separate notice was not required to be issued to the petitioner”.
“I do not find any infirmity or illegality in the impugned order passed by the Additional Sessions Judge, Jammu”, Justice Sanjay Dhar said. However, he expressed anguish and dismay for the manner in which the successive Governments of erstwhile State of Jammu and Kashmir and Union Territory of Jammu and Kashmir have dragged their feet on constitution and setting up of Special Courts in terms of Section 36 of NDPS Act.
“This state of affairs is continuing despite the lapse of more than three decades from the date of enactment of NDPS Act. 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”, High Court said.
“It is high time that the concerned authorities of the Government of Union Territory of J&K take immediate steps to set up Special Courts in the Union Territory in consultation with the High Court so that object of speedy disposal of cases relating to offences under NDPS Act is fulfilled”, Justice Sanjay Dhar said.
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