HC irked by govt dillydallying
The High Court yesterday again expressed utter dismay as the government has not set up separate tribunals to try narcotics cases even though the law was formulated 10 months ago.
It is a very harsh reality that no step has been taken yet to form tribunals or to give responsibility to additional district and sessions judges to run those through issuing a gazette notification under the Narcotics Control Act-2018, in order to try the narcotics cases, said the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman.
Even no measure was taken to amend the law, which is undesired and disappointing, the bench added.
Trial proceedings of the narcotics-related cases and their bail petitions at the lower courts have been stagnated and therefore, different legal complexities have been created. Proceedings of significant number of cases have also been halted, the bench further said.
The court earlier had issued a rule that the trial proceedings of such cases will take place under Section 5(2) of the Code of Criminal Procedure (CrPC) until the gazette notification is issued or the alternative courts are given responsibility.
Section 5(2) of CrPC says, “All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with, according to the same provisions, but subject to any enactment for the time being inforce regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences”.
It came up with observation and passed the order after disposing of a bail petition filed by one Masudul Haque, an accused in a narcotics case. He was arrested with yaba pills and heroin in the capital’s Bangshal area on December 27 last year.
The HC bench granted permanent bail to Masudul until the case against him is disposed of. The HC, however, said the trial court can cancel his bail if he misuses it.
On August 25, the HC bench had expressed dissatisfaction over the authorities concerned for not setting up separate tribunals to try narcotics cases.
The prime minister has directed to show zero tolerance against narcotics. But the gazette notification has not been issued for setting up the tribunals in all districts as per the act, which is unfortunate and regrettable, the bench had said.
The court ordered the home and law ministries to inform this court by October 13 on the progress of issuing the gazette notification and giving responsibility to the additional district judge or the sessions judge to hold trials of such cases.
Yesterday, Attorney General Mahbubey Alam told the HC that he had already talked to the ministries on issuing the notification. The ministries are positive in this regard, he added.
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