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JAMMU AND KASHMIR HIGH COURT
, J
Inspector Customs and Central Excise Amritsar v. Jagdev Singh alias Jaba and Others
| Table of Content |
|---|
| 1. offences under the act triable by the court of session. (Para 1 , 2 , 3) |
| 2. misconceptions regarding legal provisions. (Para 4 , 5) |
| 3. jurisdictional analysis of the additional sessions judge. (Para 6 , 7 , 8) |
| 4. clarification of the structure of the court of session. (Para 10 , 11 , 12 , 13) |
| 5. authority of the additional sessions judge to try offences. (Para 14 , 15 , 16) |
| 6. outcome of the reference and instructions for further proceedings. (Para 17 , 18) |
1. Is a case for the offence(s) punishable under the Narcotic Drugs and Psychotropic Substance Act , 1985, (hereinafter referred to as 'the Act') triable by an Additional Sessions Judge?
This is the question that has to be addressed in this reference, made by the Sessions Judge, at Jammu.
2. On a complaint for the offences punishable under S.8, S.21, S.23 and S.25 of the Act having been filed, it got committed for trial to the Court of Session at Jammu. The Sessions Judge assigned / transferred the case for trial to the Additional Sessions Judge. Formal charge - sheets for the offences punishable under S.8 read with S.21, S.23 and S.25 of the Act were drawn up against the available accused persons (one of the accused
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