Case Note & Summary
The case is a Criminal Referred Case under Section 395 Cr.P.C. arising from an order dated 26.5.2010 passed by the Special Judge (NDPS), Bengaluru, in Crime No.52/2010. The Special Judge referred the matter to the High Court to examine the validity of the Central Government Gazette Notification dated 18.11.2009 issued under Section 36A(1)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The notification empowers the Special Judge to take cognizance of offences without the accused being committed to him for trial. The accused persons (A. Shahid, Parveez Ahmed, and Syed Rakbathulla Omer) had filed bail applications under Section 439 Cr.P.C. and Section 167(2) Cr.P.C. The High Court, after hearing the Registrar General (petitioner) and the accused (respondents), held that the notification is valid and not ultra vires. Consequently, the High Court granted bail to the accused on certain conditions, including furnishing a bond of Rs.1,00,000/- each with sureties, and directed them to appear before the Special Judge as required.
Headnote
A) Criminal Procedure Code - Reference under Section 395 Cr.P.C. - Validity of Notification - The Special Judge (NDPS) referred the matter to the High Court under Section 395 Cr.P.C. to examine the validity of the Central Government Gazette Notification dated 18.11.2009 issued under Section 36A(1)(b) of the NDPS Act, 1985, which empowers the Special Judge to take cognizance of offences without committal. The High Court held that the notification is valid and not ultra vires. (Paras 1-10) B) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 36A(1)(b) - Cognizance without Committal - The notification under Section 36A(1)(b) of the NDPS Act, 1985 empowers the Special Judge to take cognizance of offences without the accused being committed to him for trial. The High Court held that the notification is valid and the Special Judge can take cognizance directly. (Paras 5-10) C) Criminal Procedure Code - Section 167(2) - Bail - The accused persons filed bail applications under Section 167(2) Cr.P.C. and Section 439 Cr.P.C. The High Court, after upholding the validity of the notification, granted bail to the accused on certain conditions. (Paras 10-12)
Issue of Consideration
Whether the Central Government Gazette Notification dated 18.11.2009 issued under Section 36A(1)(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 is valid and whether the Special Judge (NDPS) can take cognizance of offences without committal by a Magistrate.
Final Decision
The High Court held that the Central Government Gazette Notification dated 18.11.2009 issued under Section 36A(1)(b) of the NDPS Act, 1985 is valid and not ultra vires. Consequently, the High Court granted bail to the accused persons (A. Shahid, Parveez Ahmed, and Syed Rakbathulla Omer) on certain conditions, including furnishing a bond of Rs.1,00,000/- each with sureties, and directed them to appear before the Special Judge as required.
Law Points
- Validity of Central Government notification under Section 36A(1)(b) of NDPS Act
- 1985
- Section 395 Cr.P.C. reference
- Section 167(2) Cr.P.C. bail
- Special Judge jurisdiction
- Cognizance without committal
