Section-23(Drug Courts)-The Drugs (Control) Ordinance, 1982

 

The Drugs (Control) Ordinance, 1982

(Ordinance NO. VIII OF 1982)

Drug Courts

23. (1) The 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 each one of them shall exercise jurisdiction under this Ordinance.

(2) A Drug Court shall consist of a person who is or has been a Sessions Judge and he shall be appointed by the Government.

(3) A Drug Court shall sit at such place as the Government may direct. 

(4) A Drug Court may pass any sentence authorised by this Ordinance and shall have all the powers conferred by the Code of Criminal Procedure, 1898 (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 Ordinance, follow the procedure prescribed by the Code of Criminal Procedure, 1898 (V of 1898), for the trial of summons cases by Magistrates.

(7) A Drug Court may, on application in this behalf being made by the prosecution, try an offence under this Ordinance summarily in accordance with the provisions contained in sections 262 to 265 of the Code of Criminal Procedure, 1898 (V of 1898).

(8) An appeal from the judgment of a Drug Court shall lie to the High Court Division.