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2014 (5) TMI 1147 - PATNA HIGH COURTRe-trial of the petitioner permissible as already been acquitted - Section 300 Cr.P.C - NDPS Act - Person once convicted or acquitted not to be tried for same offence - learned counsel appearing for the petitioner was strenuously arguing that because, the present petitioner has been acquitted, he could not be re-tried - Held that:- I may point out that the above contention does not appear holding good. As soon as the very trial has been found not as per the provisions of the law and, as such, outside the jurisdiction of the competent court, the order of acquittal could be of no effect. Merely, because a Sessions Judge was a Special Judge was not creating competence in him to try the offence. It has always to be considered in light of the fact that no other trial procedure could be followed except the set of provisions contained in Chapter-XVIII in the light of Section 36C of the NDPS Act while trying an accused or an offence. As soon as the learned Special Judge-cum-Sessions Judge, Muzaffarpur was found having not followed the provision of Chapter-XVIII Cr.P.C., the trial was very much in inherent lack of jurisdiction and, as such, the acquittal could not be supported and it could not accrue any benefit of such acquittal to any accused like the present petitioner. Present petition lacks merit and the same is dismissed.
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