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1992 Supreme(Raj) 686
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Mohini Kapur, J.
Mul Chand - Appellant
Versus
State Of Rajasthan - Respondent
S.B. Cri. Misc. Petition No. 539 of 1992.
Decided On : 4-05-1992
For the Petitioner:Sunil Mehrish, Advocate.
For the Respondent: B.L. Avasthi, P.P.
Offences under the Narcotic Drugs And Psychotropic Substances Act are to be tried by a Special Court or a Sessions Judge, and there is no provision for a Magistrate to take cognizance or try the accused.
Headnote:
Narcotic Drugs And Psychotropic Substances Act - Jurisdiction of Magistrate - The court held that offences under the Narcotic Drugs And Psychotropic Substances Act are to be tried by a Special Court or a Sessions Judge, and there is no provision for a Magistrate to take cognizance or try the accused. Therefore, the cognizance taken by the Magistrate was quashed, and the petitioner was ordered to be released on a personal bond.
Fact of the Case:
The petitioner was charged with offences under the Narcotic Drugs And Psychotropic Substances Act and was arrested. The Magistrate took cognizance of the case, but the petitioner contended that the Magistrate did not have the jurisdiction to try the case.
Finding of the Court:
The court found that the Magistrate did not have the jurisdiction to try the offences under the Narcotic Drugs And Psychotropic Substances Act, and therefore, the cognizance taken by the Magistrate was quashed. The petitioner was ordered to be released on a personal bond.
Issues: Jurisdiction of the Magistrate to try offences under the Narcotic Drugs And Psychotropic Substances Act.
Ratio Decidendi: The court held that offences under the Narcotic Drugs And Psychotropic Substances Act are to be tried by a Special Court or a Sessions Judge, and there is no provision for a Magistrate to take cognizance or try the accused.
Final Decision: The petition was allowed, and the cognizance taken by the Magistrate was quashed. The petitioner was ordered to be released on a personal bond.
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