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A.M.AHMADI, B.L.HANSARIA
Supreme Court Legal Aid Committee Representing Undertrial Prisoners – Appellant
Versus
Union of India – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points regarding the jurisdiction of Special Courts, transitional provisions, and bail directives under the Narcotic Drugs and Psychotropic Substances Act, 1985:

1. Jurisdiction of Special Courts vs. Court of Session * Exclusive Jurisdiction: Once a Special Court is constituted under Section 36, it alone has jurisdiction to try offences under the Act, overriding the Code of Criminal Procedure. Other courts cease to have jurisdiction. (!) (!) (!) * Transitional Period: Until a Special Court is constituted, offences committed on or after May 29, 1989, must be tried by the Court of Session, not Magistrate courts. (!) (!) (!) * Continuity of Proceedings: If the Court of Session has already taken cognizance of an offence during the transitional period, the case does not need to be transferred to the Special Court once constituted; the Sessions Court continues to hear and dispose of it. (!) (!) (!) * Completion of Constitution: A Special Court is legally constituted only when both the notification in the Official Gazette (Section 36(1)) AND the appointment of a Judge (Section 36(2)) are completed. (!) (!) (!)

2. Definition of Constitution of a Court * A court is an instrumentality of government requiring time, place, and officers. It cannot exist in its organized aspect without a Judge appointed to preside over it. (!) (!) (!) * The initial constitution of a Special Court is complete only when the requirements of both subsections (1) and (2) of Section 36 are fulfilled. (!)

3. Bail Directives for Delayed Trials (Article 21) * General Principle: Further deprivation of personal liberty after the accused has suffered imprisonment equal to half the maximum punishment for the offence is violative of Article 21. (!) (!) * Offences punishable with 5 years or less: Release on bail if the accused has been in jail for half the prescribed punishment. Bail amount is 50% of the maximum fine (if prescribed) or to the satisfaction of the Judge. (!) (!) * Offences punishable with more than 5 years: Release on bail if the accused has been in jail for half the prescribed punishment. Bail amount shall not be less than Rs. 50,000. (!) (!) * Offences with minimum 10 years imprisonment and Rs. 1 Lakh fine: Release on bail if the accused has been in jail for at least 5 years. Bail amount is Rs. 1 Lakh. (!) (!) * Exclusion: Under-trials charged with offences under Sections 31 and 31A are not entitled to bail under this order. (!) (!)

4. Conditions for Bail Release * Passport Deposit: Accused must deposit their passport or file an affidavit if they do not hold one. For foreigners, the passport must be impounded and a certificate of assurance from their Embassy/High Commission is required. (!) (!) (!) * Reporting Requirements: Accused must report to the police station once a month (Clause i), once in a fortnight (Clause ii), or once a week (Clause iii), unless leave is obtained. (!) (!) * Restrictions: Accused cannot leave the area of the Special Court without permission and cannot tamper with evidence or influence witnesses. (!) (!) (!) * Cancellation: Bail can be cancelled if conditions are violated or if there is a case for cancellation. (!) (!)

5. Recommendations for Pendency * The State Government is recommended to set up Review Committees (headed by a retired High Court Judge) to review long-pending under-trial cases and recommend withdrawal of frivolous cases. (!) (!) * Cases of under-trials who continue to remain in jail despite this order (due to inability to furnish bail) should be accorded priority. (!) (!)


JUDGMENT

Ahmadi, J. - The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985), hereinafter alluded to as ‘the Act’, was enacted inter alia to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances and for matters connected therewith. The enactment received the President's assent on 16th September, 1985. The dictionary of the Act is to be found in Section 2 thereof. Section 2 (XXIX) says that words and expressions used in the Act and not defined but defined in the Code of Criminal Procedure, 1973, hereinafter called 'the Code', shall have the meanings assigned to them in the Code. The Act is divided into six chapters comprising 83 sections. Since in the instant case we are concerned with only a few provisions we need not examine the scheme of the Act. We had an occasion to examine the scheme of the Act in some detail in Raj Kumar Karwal v. Union of India & Others1. Chapter IV defines the offences and prescribes stringent punishments, with minimum punishments and fines for them. For certain offences the punishment prescribed can extend to rigorous imprisonment for 20 years and a fine of rupees tw

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