IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Crl.MC.No. 3476 of 2007() ------------------------- SC.499/2006 of II ADDL. SESSIONS COURT, PALAKKAD .................... PETITIONER: COMPLAINANT ----------------------- THE SUPERINTENDENT, NARCOTICS CONTROL BUREAU, REGIONAL INTELLIGENCE UNIT, THIRUVANANTHAPURAM. BY ADV. SRI.C.P.UDAYABHANU RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY DIRECTOR GENERAL OF PROSECUTION SRI. P.G. THAMBI THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------- CRL.M.C. NO. 3476 OF 2008 -------------------------- Dated, 4th day of January 2008 O R D E R The petitioner namely the Superintendent, Narcotics Control Bureau (NCB) is the complainant in S.C. 499 of 2006 on the file of the II Addl. Sessions Court, Palakkad for offences punishable under Sections 21 (c), 27 (A), 28 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Initially the complaint was filed against A1 to A4 and was taken on file by the Sessions Court as S.C. 499 of 2006 and made over the the II Addl. Sessions Court, Palakkad. During the pendency of the said case, the N.C.B. officials arrested one more accused person from Mumbai. The N.C.B., therefore, filed Crl.M.P. No.2507 of 2007 before the II Addl. Sessions Court, Palakkad seeking permission to conduct further investigation under Section 173 (8) Cr.P.C. They also filed Crl.M.P. No. 2508 of 2007 to permit the N.C.B. to produce some documents. Another application as Crl.M.P. No.2509 of 2007 was also filed seeking permission to send the sample for quantitative analysis. All the above petitions were filed on 10-07-2007. Since the Addl. Sessions Judge was not disposing of the above applications, the complainant filed this Crl. M.C. under Section 482 Cr.P.C. for a direction to that Court to dispose of the CRL.M.C. NO. 3476 OF 2008 -:2:- aforesaid petitions. When the Addl. Sessions Judge, Palakkad was required to send a report as to why the above petitions were not disposed of he raised a jurisdictional question. According to him, the II Addl. Sessions Court, Palakkad was constituted only in the year 1992 pursuant to G.O. (MS) No. 152/92/Home dated 20-08-1992 whereunder sanction was given to shift the II Addl. Sessions Court, Thalassery to Palakkad . When the Addl. Sessions Courts in the State were notified as the Special Courts under the N.D.P.S. Act as per G.O.(MS)No. 197/95/Home dated 26-07-1995 the Addl.Sessions Court, Palakkad alone was constituted as the Special Court under the N.D.P.S.Act. The II Addl. Sessions court, Palakkad was not constituted as a Special court as per the above notification. Hence, eventhough as per G.O. (MS) No. 195/95/Home dated 26-7-1995 all Addl. Sessions Judges in the State of Kerala were appointed as the Judges of the Special courts to exercise their powers under the N.D.P.S. Act, since the II Addl. Sessions Court, Palakkad was not a Special Court notified under the N.D.P.S. Act. an Addl. Sessions Judge posted to that Court could not exercise the powers of the Special Judge under the N.D.P.S. Act. 2. I see some force in the objection taken by the II Addl. Sessions Judge, Palakkad. There will have to be either a revised notification or an amendment of the existing notifications to get over CRL.M.C. NO. 3476 OF 2008 -:3:- this problem. But the petitions filed by the petitioner (NCB) before the II Addl. Sessions Court cannot pend endlessly. Hence, until a solution is found to this surmountable problem, S.C. 499 of 2006 shall stand transferred to to the I Addl. Sessions Judge, Palakkad which is admittedly a Special Court notified under the N.D.P.S. Act. The aforementioned petitions filed by the petitioner/complainant shall be disposed of expeditiously by the I Addl. Sessions Judge who is a Special Judge under the N.D.P.S. Act. This Crl. M.C. is disposed of accordingly. V. RAMKUMAR, JUDGE ani/ handover copy to both sides b/o.