# while awarding punishment in cases covered under the NDPS Act

- **Citation:** C.L. No. 23/2010/Admin
- **Court:** Allahabad High Court
- **Decided:** 1994-05-19
- **Case number:** C.L. No. 23/2010/Admin
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/while-awarding-punishment-in-cases-covered-under-the-ndps-act-163662
- **Pages:** 2

## Text

403

Therefore, while enclosing a copy of the judgment passed in above mentioned
case, I am directed to request you to kindly adhere to the guidelines as provided above,
while awarding punishment in cases covered under the NDPS Act.

I am further to request you to kindly bring the contents of the Circular Letter to
the knowledge of all the Judicial Officers working under your administrative control for
strict compliance.
Disposal of cases involving petty offences
C.L. No. 23/2010/Admin. E (F.T.C. Cell): Dated 12.08.2010

I have been directed to say on the above subject that the Hon'ble Court has
directed as follows:-
(1)
That the Chief Metropolitan Magistrate and all Addl. Chief Metropolitan
Magistrates/Metropolitan Magistrates/Chief Judicial Magistrates/Addl. Chief Judicial
Magistrates/Judicial Magistrates/Civil Judges (Junior Division) has empowered for
summary trial under Section 260(1)(C) of Cr.P.C. shall issue Special Summons under
Section 206 Cr.P.C. on Form No. 30 of Schedule-II of Cr.P.C., in the following form:-
"Form No. 30
SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE

To .............. (Name of the accused) ..............of ............ (address)

WHEREAS your attendance is necessary to answer a charge of a petty offence
........(state shortly the offence charged), you are hereby required to appear in person (or
by pleader) before ..........(Magistrate) of ..........on the .......day of .......20 ......, or if
you desire to plead guilty to the charge without appearing before the Magistrate, to
transmit before the aforesaid date the plea of guilty in writing and the sum of ......rupees
as fine, or if you desire to appear by pleader and to plead guilty through such pleader, to
authorise such pleader in writing to make such a plea of guilty on your behalf and to pay
the fine through such pleader. Herein

this ...........day of ........... 20..........
(Seal of the Court)

(Signature)"

A note shall also be mentioned on the aforesaid Special Summons that if the
accused desires to deposit the amount of fine after pleading guilty, he may deposit the
fine in the Bank. The Special Summons will be enclosed a receipt in three parts with the
mention of particulars of the case, the amount of fine to be deposited and the Account
Number of the Bank. One part or such receipt shall be given to the litigant after he
deposits fine in the Bank, the second part shall be sent by the Bank to the court concerned
and third part shall be retained by the Bank.
(2)
That with effect from 1st of July, 2010, a separate register shall be maintained for
registering the cases involving petty offences and if possible, the registration of such
cases can be done directly on computer.
404
(3)
The office of the District Court shall identify all such cases, which deal with petty
offences and ensure that sufficient number of cases are listed before the Courts each day
and the summons are issued immediately after orders are passed by the Courts.
(4) A Website be created for each District containing details of such cases involving petty
offences where summons have been issued.
(5) A Centralized Account be opened in each District in one Bank for the purpose of
deposit of fine by the accused persons against whom special summons are issued and the
same can be transferred in the Government Account where amount of fine is deposited.
(6)
Each District Judge shall inform the High Court every fifteen days about the
progress made in his district so that the data can be compiled and placed before the
Committee monitoring the disposal of such cases.

I am, therefore, to request you to kindly direct all concerned under your
administrative control to ensure compliance of the above directions of the Hon'ble Court
in right earnest.
67.
PETTY CRIMINAL CASES
(i)
Transfer of Petty Criminal Cases under the Local and Special Acts to the

Courts of Executive Magistrate having powers of special Judicial Magistrate

First Class
C.L. No. 47/Admn. (A) dated May 19, 1994
I am directed to send herewith a copy of G.O. No. 4521/8/9/26(5)/89, dated
August 2, 1989, issued by the Special Secretary, Government of U.P., Home (Police)
Section-9, Lucknow, addressed to all the District Magistrates of U.P., regarding disposal
of petty criminal cases by the Executive Magistrates having powers of Special Judicial
Magistrates and to request you kindly to get 100 petty criminal cases in which the
offence is punishable with fine only under the Special and Local Acts and in which the
offence is triable by the Special Executive Magistrates who have been conferred with
such powers of Special Judicial Magistrate, by this Court from time to time, under
Section 13(3) of Code of Criminal Procedure, 1973 (Act No. 2 of 1974), transferred to
the Court of Executive Magistrates posted in his District immediately under intimation to
the Court and the list of such cases transferred to the Courts of Executive Magistrates
may also be sent to this court as well as to the Government.
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