1[36. Constitution of Special Court.– (1) The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Court as may be necessary for such area or areas as may be specified in the notification.
(2) A Special Court shall consist of a single Judge who shall be appointed by the Government with the concurrence of the Chief Justice of the High Court.
Explanation.— In this sub-section, “High Court” means the High Court of the State in which the Sessions Judge or the Additional Sessions Judge of a Special Court was working immediately before his appointment as such Judge.
(3) A person shall not be qualified for appointment as a Judge of a Special Court unless he is, immediately before such appointment, a Sessions Judge or an Additional Sessions Judge.
1. Subs. by Act 2 of 1989, s. 11, for section 36 (w.e.f. 29-5-1989).
Simplified Explanation
Section 36 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with the constitution of Special Courts for the speedy trial of offenses under the Act. This section ensures that narcotics-related offenses are dealt with expeditiously by establishing dedicated courts to handle such cases.
Key Provisions:
1. Constitution of Special Courts (Section 36(1)):
- Government’s Authority: The Government has the power to constitute one or more Special Courts for the trial of offenses under the Act.
- Notification: The Government can issue a notification in the Official Gazette to establish these courts in specific areas where the offenses are prevalent or require expedited handling.
- Purpose: The primary aim is to ensure a speedy trial for individuals charged with offenses related to narcotic drugs and psychotropic substances. The goal is to reduce delays in the justice process for such serious crimes.
2. Composition of a Special Court (Section 36(2)):
- Each Special Court shall consist of a single judge.
- The judge of the Special Court is to be appointed by the Government, with the concurrence of the Chief Justice of the High Court of the state where the court is located.
- Explanation of High Court: In this context, the term “High Court” refers to the High Court of the state in which the Sessions Judge or Additional Sessions Judge of the Special Court was serving immediately before being appointed as the judge of the Special Court.
3. Qualifications for Appointment as Judge of a Special Court (Section 36(3)):
- A person must meet certain qualifications to be appointed as a judge of a Special Court:
- The individual must be a Sessions Judge or Additional Sessions Judge immediately prior to their appointment.
- This ensures that only experienced judges with substantial legal expertise in handling serious criminal cases are appointed to these specialized courts.
Purpose:
- Expedited Legal Proceedings: Section 36 facilitates the creation of Special Courts specifically designed to handle drug-related offenses, ensuring that these cases are dealt with more quickly and efficiently. This is particularly important given the often urgent and serious nature of narcotics offenses.
- Expertise in Drug Offenses: By appointing experienced judges (Sessions Judges or Additional Sessions Judges), the section ensures that the individuals handling these sensitive and complex cases have the necessary legal background to make informed decisions.
- Targeted Approach: The Government can establish courts in areas where drug-related offenses are most prevalent, enabling a targeted approach to tackling the narcotics issue.
Example:
- If a district experiences a significant number of drug trafficking or drug abuse-related offenses, the Government might decide to establish a Special Court in that district. A Sessions Judge or Additional Sessions Judge with expertise in criminal law would be appointed to handle the cases swiftly.
This section plays a crucial role in ensuring that offenses under the Narcotic Drugs and Psychotropic Substances Act are prosecuted in an efficient manner, contributing to the overall goal of controlling drug-related crimes.
