1[36D. Transitional provisions.– (1) Any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989), which is triable by a Special Court shall, until a Special Court is constituted under section 36, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), be tried by a Court of Session.
(2) Where any proceedings in relation to any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989) are pending before a Court of Session, then, notwithstanding anything contained in sub-section (1), such proceeding shall be heard and disposed of by the Court of Session:
Provided that nothing contained in this sub-section shall affect the power of the High Court under section 407 of the Code of Criminal Procedure, 1973 (2 of 1974) to transfer any case or class of cases taken cognizance by a Court of Session under sub-section (1).]
1 Subs. by Act 9 of 2001, s. 16, for section 36D (w.e.f. 2-10-2001).
Simplified Explanation
This section deals with cases that were committed under the Narcotic Drugs and Psychotropic Substances Act before the establishment of Special Courts under the 1988 Amendment.
Key Points:
- Offenses committed after the 1988 Amendment: If an offense is committed after the amendment (1988), and it is triable by a Special Court, it will still be tried in a Court of Session until a Special Court is set up.
- Ongoing cases: If a case related to an offense committed after the amendment is already pending in a Court of Session, that court will continue to handle the case, even if the Special Court has been established.
- Transfer of cases: Despite the above provisions, the High Court still has the power to transfer cases between Sessions Courts and Special Courts as per the CrPC (Section 407).
Simplified Explanation:
This section ensures that, while Special Courts are being set up, cases related to offenses committed after the 1988 Amendment can still be heard by a Court of Session. If cases are already pending in a Court of Session, they will continue there, but the High Court can transfer cases to the Special Court later if needed.
