LINGARAJA RATH, G.B.PATTANAIK, ARIJIT PASAYAT
BANKA DAS – Appellant
Versus
STATE OF ORISSA – Respondent
PASAYAT, J.
( 1 ) EVEN before the ink in certain judgments has become dry, divergence of view has surfaced and doubt regarding their correctness has arisen, relating to certain provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter REFERRED TO as the 'act' ). Though only one question was REFERRED TO the Full Bench for adjudication, members of the Bar pleaded that several other questions need a fresh look and therefore we have primarily considered the following questions : (1) Whether a Court of Session can during transitional period as provided in Section 36-D of the Act take cognizance of an offence under the Act as a court of original jurisdiction without the accused being committed to it for trial ? (2) Whether a remand beyond a period of fifteen days as indicated in Section 36-A (1) (b) is permissible ? (3) Whether the conditions in Section 37 of the Act relating to grant of bail override the effect of the proviso to Section 167 (2) of the Code of Criminal Procedure, 1973 (in short, the 'code,) and/or whether the said proviso to Section 167 (2) of the Code has no application to an accused under the Act ? (4) Whether the procedures prescribed in Sec
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