1[36A. Offences triable by Special Courts.– (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),
(a) all offences under this Act which are punishable with imprisonment for a term of more than three years shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the Government;
(b) where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate:
Provided that in cases which are triable by the Special Court where such Magistrate considers
(i) when such person is forwarded to him as aforesaid; or
(ii) upon or at any time before the expiry of the period of detention authorised by him,
that the detention of such person is unnecessary, he shall order such person to be forwarded to the Special Court having jurisdiction;
(c) the Special Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), in relation to an accused person in such case who has been forwarded to him under that section;
(d) a Special Court may, upon perusal of police report of the facts constituting an offence under this Act or upon complaint made by an officer of the Central Government or a State Government authorised in his behalf, take cognizance of that offence without the accused being committed to it for trial.
(2) When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial.
(3) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974), and the High Court may exercise such powers including the power under cluase (b) of sub-section (1) of that section as if the reference to “Magistrate” in that section included also a reference to a Special Court constituted under section 36.
(4) In respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for offences involving commercial quantity the references in sub-section (2) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974) thereof to “ninety days”, where they occur, shall be construed as reference to “one hundred and eighty days”:
Provided that, if it is not possible to complete the investigation within the said period of one hundred and eighty days, the Special Court may extend the said period up to one year on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of one hundred and eighty days.
(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offences punishable under this Act with imprisonment for a term of not more than three years may be tried summarily.]
1. Subs. by Act 9 of 2001, s. 15, for section 36A (w.e.f. 2-10-2001).
Simplified Explanation
Section 36A of the Narcotic Drugs and Psychotropic Substances Act, 1985 outlines the procedures for the trial of offenses under the Act by Special Courts. It specifies which offenses are to be tried by these courts and the powers of the courts in relation to detention, bail, and investigation.
Key Provisions:
1. Offenses Punishable with More Than Three Years of Imprisonment (Section 36A(1)(a)):
- Special Courts Jurisdiction: Offenses under the Narcotic Drugs and Psychotropic Substances Act that carry a punishment of more than three years of imprisonment shall only be triable by a Special Court.
- Jurisdiction of Special Court:
- The offense must be committed in the area where the Special Court is located.
- If there are multiple Special Courts in the area, the Government will specify which court has jurisdiction over the case.
2. Detention of Accused (Section 36A(1)(b)):
- If a person suspected of committing an offense under this Act is brought before a Magistrate (under Section 167 of the Code of Criminal Procedure (CrPC)), the Magistrate may authorize detention for:
- 15 days (if the Magistrate is a Judicial Magistrate)
- 7 days (if the Magistrate is an Executive Magistrate).
- Magistrate’s Order:
- If the offense is triable by a Special Court, and the Magistrate deems it unnecessary to continue detention, they must forward the person to the Special Court.
3. Powers of Special Courts (Section 36A(1)(c)):
- The Special Court has the same powers as a Magistrate under Section 167 of CrPC. This includes powers related to detention and trial of the accused person.
4. Cognizance by Special Courts (Section 36A(1)(d)):
- A Special Court may take cognizance of an offense under this Act based on:
- The police report detailing the facts of the offense.
- A complaint made by an authorized officer of the Central Government or State Government.
- This can happen even if the accused has not yet been committed for trial.
5. Trial of Other Offenses (Section 36A(2)):
- While trying an offense under this Act, a Special Court may also try related offenses, other than narcotics offenses, with which the accused is charged.
- This is in line with the Criminal Procedure Code (CrPC), which allows for the trial of multiple offenses together.
6. Bail Powers of the High Court (Section 36A(3)):
- The High Court retains its special powers regarding bail under Section 439 of the CrPC.
- The High Court may exercise its powers as if the reference to “Magistrate” in the CrPC includes a reference to a Special Court.
7. Extension of Investigation Period (Section 36A(4)):
- For offenses under Section 19, 24, 27A, or involving commercial quantities, the investigation period may be extended beyond the usual 90-day period (as per Section 167 of the CrPC).
- The reference to “ninety days” in Section 167(2) of the CrPC is extended to “one hundred and eighty days” for these offenses.
- If the investigation cannot be completed in 180 days, the Special Court may extend the period up to one year, provided the Public Prosecutor reports the progress and reasons for the delay.
8. Summary Trials for Lesser Offenses (Section 36A(5)):
- Offenses punishable with three years or less of imprisonment may be tried summarily, which is a quicker process under the CrPC.
Summary of Section 36A:
- Offenses Punishable with More Than Three Years: These must be tried by a Special Court.
- Magistrate’s Role: If the accused is brought before a Magistrate, detention is authorized for a limited period, and the accused may be forwarded to the Special Court.
- Powers of Special Courts: They have the same powers as Magistrates and can take cognizance of the offense.
- Related Offenses: Special Courts can try offenses not related to narcotics if the accused is charged with them.
- Bail: The High Court retains its bail powers for Special Court cases.
- Investigation Period: For certain offenses, the investigation period is extended to 180 days or even a year, if necessary.
- Summary Trials: Lesser offenses may be tried more quickly.
This section aims to ensure that offenses under the Narcotics Act are handled swiftly and efficiently by the Special Courts, while also balancing the rights of the accused.
