a Special Judge under the NDPS Act
is that of a Sessions trial in terms of Section 36 ... Section 36-A (1) (d) of the NDPS Act. It is provided therein that a special
Court may, upon
refer to Section 36-A (5) of the NDPS
18
Act, which reads thus:
“36-A. Offences triable ... Act .
This Court observed thus:
“145. A third anomalous situation would arise, in
that under Section 36-A(1)(a) of the NDPS
illicit traffic in narcotic drugs and
psychotropic substances; to implement the provisions of the
International Convention on Narcotic Drugs and Psychotropic
Substances and for matters ... Section 36-D deals with transitional provisions. In the
instant case, Section 36-A , Section 36-C , Section 36-D , of the NDPS
Act, the defect of misplacement of the provision contained in Section 36-A(3) becomes manifest. Section 36-A does not contain ... reading Section 36-A(3) with the other parts of Section 36-A only would render Section 36-A(3) of NDPS
days passed by a Sessions Court in terms of
Section 36-A of Narcotic Drugs and Psychotropic Substances Act,
1985 [" NDPS ... Narcotic Drugs and
Psychotropic Substances (Amendment) Act, 1988 (2
of 1989), which is triable by a Special Court shall,
until a Special Court
provisions of Section 36-A of
the NDPS Act, 1985 as below:
36-A. Offences triable by Special Courts ... under Section 36 .
(4) In respect of persons accused of an offence
punishable under Section 19 or Section 24 or Section 27-
A
bail.
2. The provisions of Section 36(A)(4) and Section 37 of the
Narcotic Drugs and Psychotropic Substances Act, 1985 ('the
NDPS ... Section 36 A (4) : In respect of
persons accused of an offence punishable under Section
19 or Section 24 or Section 27 A
apply for anticipatory bail,
in a proceeding under the Narcotic Drugs and Psychotropic
Substances Act, 1985 (NDPS) was accepted ... convention on Narcotic Drugs and
Psychotropic Substances. Government felt an urgent need to enact
a comprehensive legislation on Narcotic Drugs and Psychotropic
Substances. NDPS
provision has been
made in the NDPS Act under Section 36 A (4) to defeat the right ... 36 A
(4) of the NDPS Act within a period of 180 days. In a case under the
NDPS
commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 until a Special Court is constituted under Section 36 , shall, notwithstanding anything contained ... Sections 36-A(1)(b) and 36-A(3) will prevail over Section 37 , and accordingly, under the said Sub-section (3) of Section 36
