Bare ActsThe NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT,1985

Section 1

Subs

Amendment status not verified — confirm the current text below against the official source.

Subs. by Act 9 of 2001, sec. 15 (w e f 2-10-2001) Earlie! section 36,4 was inserted by Act 2 ot 1989, sec. 1l (w.e f. 29-5-1989). 28 The Narcotic Drugs dnd psychotropic gubstances Act, lgBS [Sec. 364 (4).In respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for olfences involving .o__"rciat quantity the ::f_"^*.lol _T_ryb-section (Z) of section t67 oI th,e C.Z" .l'trLrrr"l procedure, 1,973 (2 of 7974), thereof to ,'ninety days", where tf,"y *""r, .t "U Ue 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, ihe Sp".iui -ou.t may extend the said period up to one year on the report oi the public prosecutor indicating the progress, of the. investigahon and the specific ."u"o.," t- it" detention oI the accused beyond the said period of one hundred and eighry days. " """q1Yyjl,r,arrding anything contained in the Code of Criminal procedure, :!:-y:::!!-),the,orfences punishable under rhis Act with imprisonmenr for a rerm ol not more than three years may be tried summarily.l . s€ction 36A(t)(d) "",horir"".h" s;:Ifffs* to take cognizance of offences urder the Act on the basis of a police reporf-or upon the complaint"made by an officer of the Central Government; Stati v. Kuliant Sirgtr', AtR 2003 St faii. -T358. App€al and revision.-The Higi Court may exercise, so lar as may be lnpligab.le, all the powers conferred by Clhapters XX|X and XiX of rhe Code of ClllhSl Ploce{11e, 7973 (2 of Ls7gi 2n a mgn Court, as'ii a Special Court within the.local limits of the jurisdiction of Ui Hign Courf were a Court of Jessron trying cases within the local limits of the jurisdiction of the High Court.l - 1[36C. Application of Code to proceedings before a Special Court._Save as otherwise provided in this Act, the proiisions ot tfie Coae of Criminal Procedure, 1,973 (2 of 1924) (including the provisions as to bail and bonds) shall apply to the pro^ceedings before a-Spelial iourt and for the purposes of the said provisions, the special Court shall Le deemed to be a Couri ofsession and the person conducting a- prosecution before a Special Court, shall be deemed to be a ruDltc rrosecutor.l 2[36D.. Transitional provisions.-(1) Any offence committed under this Act on or after the commencemllt- -o! th9 Narcotic Drugs and psychotropic Substances -(Amendment) Act, 198g (2 of 1989), which is" triable Uy a SpeJiai 9::.1., +rttj. until . a Special Court is constituted under section 36, i:yjl:,:"l,lg,a,nything contained in the Code of Criminal procedure, 1923 (i or L'/s), be tned by a Court of Session. . . (2) Where any proceedings in relation to any offence committed under this Act on or atter the commencement of the Narcohc Drugs and psychotropic Substances (Amendment) Act, 1988 (2 of .f9g9), are pendfrg before i Couri of Session,. then, ,notlithstanding anythhg contained'in sui-section (l), such proceedmg sha be heard and disposed of by the Court of Session: ., ljoyi*d that nothing contained in this sub-s€ction shall affect the power of the High Court under section 407 of the Code of Criminal procedure, ISZS e ot

Section 1 – The NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT,1985 | DailyLaw.ai