[NDPS Act] Explore Possibility Of Establishing Special Courts Covering 100 Km Radius Or One For Every Four Districts: Madras HC To State

The possibility for establishing Special Courts covering 100 km radius or a Special Court for every four Districts may be explored, so that the distance between the police station and the Special Courts are reduced, which will enable the effective follow up by the Investigating Agency. The possibility of designating the Additional District Courts in the Districts as Special Courts to deal with EC / NDPS Act Cases may also be explored.

The court was disposing of a batch of petitions seeking bail in which all the accused were charged under the Narcotic Drugs and Psychotropic Substances Act. The court however noted that even though the petitioners had moved the High Court seeking bail, they had successively approached the Special Court and obtained statutory bail.

The court noted that though specific provisions such as Section 36(A) and 37 were introduced in the NDPS Act in view of the seriousness of the offences, the very purpose of the same was being defeated due to inefficiency of Police officials and Public prosecutors who failed to file the final reports in time.

The specific provisions under Sections 37 & 36(A) of the NDPS Act were introduced, considering the seriousness of the offence. But the very object is defeated by some police officials or by some Public Prosecutors by allowing the accused to get statutory bail in cases of commercial quantity, without filing the final report in time and without filing a report as contemplated under Section 36(A)(4) of the NDPS Act seeking extension of time for filing the final report.

The court however noted that the Government was taking serious steps to eradicate drugs from the state. For this, the Chief Minister had also announced that the Government would amend the Narcotic Drugs and Psychotropic Substances Act, 1985 to take stern action against those who sold drugs in and around schools and colleges.

The court added that in any cases involving narcotic drugs and psychotropic substances, the three factors that have to be looked into are seizure, storage, and disposal. In this regard, the police authorities brought to notice of the court various circulars issued by the Director General of Police for setting up of special storage rooms (Malkanas) and directing the police officers to keep all the case properties relating to the NDPS Act in the Malkanas which would also be fitted with a triple lock key system.

Another circular was also issued for setting up zonal-level drug disposal committee. The senior most Deputy Inspector General of Police/Joint Commissioner of Police shall be the Chairman in these committees and the senior most Superintendent of Police and Deputy Commissioner of Police would be its members. It was also informed that sufficient strength has been provided to the crime wing through transfers to deal with these cases.

The Additional Public Prosecutor also assured the court that the police authorities have been directed to treat all NDPS cases as grave cases and the sub-divisional police were to initiate Grave Crime Report in all the cases. The authorities were also directed to take efforts to complete investigation and file the chargesheet within time.

Further, the Additional Chief Secretary had communicated to the Director, Forensic Sciences Directorate to earmark two lab technicians and Scientific Officers exclusively for dealing with NDPS cases and ensure that the test results are sent to the concerned police officials within time.

Since the petitioners were already on statutory bail, the court disposed of the petitions in view of the circulars already issued by the Director General of Police.

Case Title: Jeya Sudha v. Inspector of Police and another

Citation: 2023 LiveLaw (Mad) 35

Case No: CRL OP(MD).Nos 5104 of 2021

Counsel for the Petitioners: Mr.M.Jagadesh Pandian, Mr.Niranjan S.Kumar, Mr.S.Saravana Kumar

Counsel for the Respondents: Mr.T.Senthilkumar, Additional Public Prosecutor, Mr.G.Karuppasamy Pandian

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