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Drugs Act (XXXI of 1976)‑---

--‑‑S. 30 read with Drugs Act (XXIII of 1940)‑Jurisdiction‑‑Alleged offence committed prior to enforcement of Drugs Act, 1976‑Drugs Court, held, had no jurisdiction to take cognizance of such offence‑--Offence committed under Drugs Act, 1940‑Provision of new law not permitting Drugs Court to take cognizance of offence com mitted under. Act 1940 proceedings, held, illegal‑Prosecution could take steps to refer case to , a Court of competent jurisdiction -Criminal Procedure Code (V of 1898), S. 561‑A:‑[Jurisdiction].

State v. Bhawani Dos Lila Ram etc. Case No. 11 of 1976 ref.

Munir Ahmad Bhatti for Petitioner.

Nemat Khan for the State.

Date of hearing : 20th January, 1980.

This judgment will dispose of

1. Crl. Misc. 139/Q of 1977, Muhammad Siddique Cheema The State

2. Crl. Misc. 14 L,1Q of‑1977, Farooq Sadiq v, The State

3. Crl. Misc. 152/Q of 1977, Mohammad Saleem v. The State

4. Crl. Misc. 212/Q of 1977, Muhammad Aslam Butt v. The State

5. Crl. Misc. 213/Q of 1977, Khalid Rahman v. The State and

6. Crl. Misc. 430/Q of 1977, Muhammad Akram v. The State

Common questions of law and facts re involved in all these cases and have therefore been heard together and disposed of by single order.

2. The learned counsel for the petitioner has pressed his petition on a single question namely that of jurisdiction of the Drug Court established under the Drugs Act, 1976. He has stated that the Drug Court having been established under the Drug Ordinance and subsequently Drugs Act of 1976 they are not competent to try any offence committed under any other law. As a precedent he has attached a copy of the judgment of the Drug Court 'of Sind and Baluchistan, Karachi in Case No. 11 of 1976 titled State v. Bhawani Das Lila Ram etc.

3. The Drug Ordinance, 1976 came into force on 17th January, 1976. This was subsequently replaced by the Drugs Act, 1976 which came into force on 18th May, 1976. The effective date of the new law is, therefore, 17th‑January, 1976. Drug Courts were established under section 31 of the ,new law. Section 30 (2) (b) reads as follows :‑

No Court other than a Drug Court shall try an offence punishable under this Chapter."

The offences that are alleged to have been committed in the, cases under consideration relate to a period prior to the coming into force of the new law. The alleged offences may have been committed under the Act of 1940 but there is no provision of the new law which permits the Drugs Act to take cognizance of an offence committed under the Act of 1940 or any other law..

4. In view of the above considerations I am' of the opinion that the Drug Court established under the Drugs Act, 1976 is not competent to take cognizance of the above‑mentioned cases. The proceedings before the A Drug Court are, therefore, illegal. It is, however, for the prosecution t take steps to refer these cases to a Court of competent jurisdiction for the decision in accordance with law. The petitions are, therefore, allowed and are disposed of in the above terms.

Proceedings quashed,

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