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SECTION 31. DRUG COURTS
31. Drug Courts.-(1) The Federal Government may, by
notification in the official Gazette, establish as many Drug Courts as it considers
necessary and, where it establishes more than one Drug Court, shall specify in the
notification the territorial limits within which, or the class of cases in respect of
which, each one of them shall exercise, jurisdiction under this Act.
(2) A Drug Court shall consist of a person who is, or has been, or is qualified for
appointment as, a Judge of a High Court, who shall be the Chairman, and two members being
persons who, in the opinion of the Federal Government, are experts in the medical or
pharmaceutical fields.
(3) A Drug Court shall sit at such place or places as the Federal Government may direct.
(4) A Drug Court shall have all the powers conferred by the Code of Criminal Procedure,
1898 (Act V of 1898), on a Court of Session exercising original jurisdiction.
(5) A Drug Court shall not, merely by reason of a change in its composition, be bound to
recall and rehear any witness who has given evidence, and may act on the evidence already
recorded by or produced before it.
(6) A Drug Court shall, in all matters with respect to which no procedure has been
prescribed by this Act, follow the procedure prescribed by the Code of Criminal Procedure,
1898 (Act V of 1898), for the trial of summons cases by Magistrates.
(7) A person sentenced by a Drug Court may prefer an appeal to a bench of the High Court
consisting of not less than two Judges within thirty days of the judgment.
(8) The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX of 1908), shall be
applicable to an appeal referred to in sub-section (7).
COMMENTS
Under repealed Act of 1940, in the event of conviction
by a Magister Court, accused had a right to file an appeal against the order of
conviction, in Sessions Court and yet a further remedy of revision in High Court against
dismissal of appeal, while under the repealing Drugs Act of 1976, accused having only one
remedy by way of appeal to High Court Rule of retrospectivity would not be applicable as
change in procedure law affects a "vested right, of accused under old law unless a
express provision to take such right made in new law. The trial of the accused by the
Drugs Court, constituted under Sec. 31 of the Drugs Act 1976, for an offence committed by
him under Section 18(a) of the Drug Act, 1940 and his eventual conviction for such
offence, was illegal and without jurisdiction. The conviction and sentence was set aside
by circumstances.
The word "inferior" substituted in Section 435 for word "subordinate"
appearing in section 295 in order to keep hands of High Court quite free in dealing with a
case in its ultimate stage of revision, etc. Drugs Court having been made subject to
appellate jurisdiction of High Court, and, in such sense, inferior to High Court, High
Court, could exercise revisional jurisdiction against orders of the Drugs Court. Having
made Drugs Court judicially inferior to High Court, no necessity existed for duplicating
matter over again by expressly providing for a revisional jurisdiction of High Court.
"Dihydrallazine" or "Dihydralline Sulphate": Protocols of tests
(details of process of tests) was not provided with report by Analyst. Sample was sent to
Federal Laboratory did not appear to be same sample as sealed and marked by the Inspector.
Federal Laboratory tested and analysed "Dihydrallazine tablets" instead of
testing and analyzing "Dihydrallazine Sulphate" tablets. Provisions of Act and
Rules with regard to despatch of samples and submission of report not observed with
complete strictness. Accused, held could not be prosecuted and convicted in circumstances.
Direction contained in Section 19(2) of Act and rules 14 and 15 in regard to marking of
sample, could not directory but mandatory. In absence of "nil mark", Drug Court
could not convict the accused on ground of report of analyst that sample was substandard.
Importance of strict observance in regard to sample emphasised in Form No. 6.
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