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J&K to set up special courts for speedy disposal of cases

Last Updated on November 9, 2021 at 4:19 pm

In a major step by government of Union Territory of Jammu and Kashmir, the establishment of special courts for disposing cases in a quicker manner will be done.

Cases registered under Narcotics Drugs and Psychotropic Substances Act (NDPSA) and formal orders will be issued on the receipt of comments from the Finance and Home Departments.

The Section 36 of the Narcotics Drugs and Psychotropic Substances Act, 1985 states: “The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be specified in the notification”.

Similarly, Section 36(A) of the Act read: “Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all offences under this Act which are punishable with imprisonment for a term of more than three years shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the government”.

As per reports, it has been suggested by Law Department for one Special Court each at Jammu and Srinagar and third one at Anantnag. The main reason behind these districts is that these three districts are having an alarming rise in the drugs trafficking cases.

Finance and Home Departments will give concurrence within few days and thereafter the matter will be placed before the Administrative Council for approval and issuance of formal orders, reportedly.

In July, High Court expressed anguish over non-constitution of Special NDPS Courts in J&K and instructed the concerned authorities to take further steps to set up the same so that the cases could be disposed in a speedy way and directions of Supreme Court complied with.