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A. S. SUPEHIA, VIMAL K. VYAS
Mahebubbhai Osmanbhai Theba – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. RULE. Learned APP waives service of notice for and on behalf of the Respondent-State of Gujarat.
2. Pursuant to the order dated 23.04.2024, the necessary report has been placed by the Registry on record with the relevant documents. The same are ordered to be taken on record. Additional documents were also called for by us. We have also perused the same.
3. As recorded in the order dated 23.04.2024, the appellant/applicant – original accused has raised an interesting issue questioning the jurisdiction of the trial Court, which has convicted the appellant-applicant for the offence punishable under the provisions of Narcotic Drugs and Psychotropic Substance Act, 1985 (for short, “the NDPS Act”). The learned trial Judge i.e. the 9th Additional District Judge at Rajkot has conducted the trial and thereafter, convicted the appellant - applicant for the afore-noted offence.
4. Learned advocate Mr.Virat Popat, has submitted that the Court of the learned trial Judge, which has conducted the trial and has passed the judgment, is not designated as Special Court under the provisions of Section 36A of the NDPS Act and hence, he had no the jur
Procedural irregularities in the trial under the NDPS Act do not invalidate the proceedings unless they result in a failure of justice.
The Assistant Sessions Judge lacks jurisdiction to try offences under the Narcotic Drugs Act, as established by transitional provisions, necessitating trials to be conducted by either Sessions Judges....
In a case where accused is facing investigation for offences under UA(P) Act together with offences under NDPS Act, concerned Sessions Judge, until a Special Court under Section 36 of NDPS Act is con....
The Special Court under the Scheduled Castes and Scheduled Tribes Act cannot take direct cognizance of offences under the IPC without prior committal by a Magistrate, aligning with the hierarchy of c....
The main legal point established in the judgment is the importance of jurisdiction in trying cases and the constitutional mandate for a speedy trial.
Special Courts must follow specific procedural laws for trying scheduled offences; failure to do so constitutes an abuse of process.
An Additional Sessions Judge is part of the Court of Session and has jurisdiction to try offences under the Narcotic Drugs and Psychotropic Substance Act, 1985.
The Special Court under the SC/ST Act can take cognizance of offences without prior commitment from a Magistrate and amendments have no retrospective effect unless expressly stated.
Scheduled offences under the U.A.P.A. Act are exclusively triable by Special Courts set up under the N.I.A. Act, and appeals from their judgments, sentences, or orders are to be heard by the Division....
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