A.P. Lavande, J. - (1.)HEARD Mr. D'Souza, learned Counsel for the applicants and Mr. Ferreira, learned Public Prosecutor for the respondents. Both these applications filed by the applicants, who are accused in N.D.P.S. cases are being disposed of by the common order since identical question of law is involved in both these applications and the facts are almost identical.
(2.)BRIEFLY , the facts in Criminal Application (Main) No.110/2011 are as under :
On 13th January, 2010, the applicant was arrested on the allegation that he was found in possession of 90 ecstasy tablets weighing 34 grams, MDMA powder weighing 26 grams, cocaine weighing 17 grams and liquid LSD 6 ml. On 13th January, 2010, FIR No.2/2010 was filed against the applicant for the offences punishable under Sections 21(b) and 22(C) of the N.D.P.S. Act, 1985 ('The Act' for short). On 7th September, 2010, the Judge presided over the N.D.P.S. Court Smt. B. K. Thaly allowed the application filed by the respondent and granted 60 days' extension to complete the investigation to file chargesheet. By notification dated 26th October, 2010 Smt. B. K. Thaly was appointed as Registrar (Judicial) on the establishment of High Court of Bombay at Goa, Panaji, Goa. By another notification dated 28th October, 2010, Judge Shri P. V. Sawaikar was appointed to act in the absence of Smt. B. K. Thaly as Special Judge in N.D.P.S. Court. On 3rd November, 2010 extension of time was granted and period was extended upto one year to file the chargesheet. The applicant filed Writ Petition No.83/2010 for setting aside the orders dated 7th September, 2010 and 3rd November, 2010 granting extensions of time to file chargesheet. On 21st December, 2010 Writ Petition No.83/2010 was allowed and the Special Judge was directed to hear the applicant and pass appropriate orders on the two applications and opportunity was given to the applicant to file fresh application for bail depending upon the outcome of the said orders. On 22nd December, 2010 chargesheet was filed by the respondents. On 28th December, 2010, the applicant was produced in the Court of Additional Sessions Judge -2 Panaji presided over by Shri P. V. Sawaikar. The accused was remanded till 21st January, 2011. On 29th December, 2010, Judge Shri Sawaikar passed a common order disposing of the said bail application no.75/2010 along with application dated 7th September, 2010 and 3rd November, 2010 rejecting the bail application and allowing the two applications. The said order was challenged by filing Criminal Writ Petition No.3/2011 in this Court which was dismissed by order dated 7th February, 2011.

It is the case of the applicant that the applicant learnt that Shri B. K. Thaly who was appointed as Special Judge on 10th July, 2009, was not relieved of her posting and Judge Shri Sawaikar was given powers to act only in the absence of Special Judge. Thereafter, the applicant filed the present application challenging the order dated 29th December, 2010 passed by Judge Shri Sawaikar on the ground that he had no jurisdiction to pass the said order and seeking further direction to the Special Judge duly appointed under Section 36(2) of The Act to hear the applicant in terms of the order dated 21st December, 2010 passed in Criminal Writ Petition No.83/2011.

(3.)IN Criminal Application No.115/2011, the applicant was arrested on 18th January, 2010 and F.I.R. was registered on 19th January, 2010 by the respondent police station against the applicant for the offences punishable under Sections 21(b) and 22(C) of The Act. On 10th November, 2010, the respondent filed an application in N.D.P.S. Court seeking extension of 60 days time for filing chargesheet. On 10th November, 2010, Judge Shri Sawaikar granted 60 days' extension from 14th November, 2010. On 22nd December, 2010, the applicant filed the bail application seeking bail which was dismissed by order dated 31st December, 2010. On 2nd February, 2011, the applicant filed Criminal Application No.31/2011 in this Court seeking bail which was opposed by the respondents. This Court by order dated 17th March, 2011 dismissed the application on the ground that the applicant was heard by the Special Judge. It is the case of the applicant that in June, 2010 he came to know that Judge Smt. B. K. Thaly was not relieved of her posting and Judge Shri Sawaikar could have acted only in the absence of Special Judge and as such, the order dated 10th November, 2010 passed by Shri Sawaikar was nonest being Coram non judice. The applicant has sought a declaration that the order dated 10th November, 2010 granting extension of time to the respondents to file chargesheet be declared null and void and the Special Judge appointed under Section 36(2) of The Act be directed to pass an appropriate order on the application dated 10th November, 2010.