CUTTACK: The Orissa High Court acquitted a person convicted for committing offence under the Narcotics Drugs and Psychotropic Substances Act, 1985 on the ground that the trial was done by an Assistant Sessions Judge.
The acquittal order was passed recently in the case of Balmiki Rout, who was convicted by Assistant Sessions Judge, Jeypore and sentenced to two years rigorous imprisonment.
Rout had filed a criminal appeal against it. A single judge had first taken up the criminal appeal, but later observed that the matter needs reconsideration by a larger bench.
The division bench of Justice Debabrata Dash and Justice V Narasingh held that the legislative intent indicated in section 36-D of the NDPS Act is clear that the court of sessions means the court presided over by a Sessions Judge or an Additional Sessions Judge not by an Assistant Sessions Judge.
“We, therefore, conclude that the present trial against the accused for commission of the offence under section 20 (b)(i) of the NDPS Act held by the Assistant Sessions Judge stands vitiated. For the said reasons, according to us, the judgment of conviction and order of sentence challenged in this Appeal, cannot be sustained,” the bench ruled.
“Since we, in the given case, find that the offence, being said to have been committed on 20.11.1990, the trial stood concluded on 10.4.1991 and as by now, there has been lapse of 33 years 3 months and odd days, according to us, it would not subserve the interest of justice, after this distance of time to pass an order for retrial,” the bench further observed.