[36A. Certain offences to be tried summarily.—Notwithstanding anything contained in
the Code of Criminal Procedure, 1973 (2 of 1974), 5[all offences (except the offences triable by
the Special Court under section 36AB or Court of Session under this Act] punishable with
imprisonment for a term not exceeding three years, other than an offence under clause
(b) of
sub-section
(1) of section 33-I, shall be tried in a summary way by a Judicial Magistrate of the
first class specially empowered in this behalf by the State Government or by a Metropolitan
Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as
far as may be, apply to such trial :
Provided that , in the case of any conviction in a summary trial under this secti on, it shall
be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding
one year:
Provided further that when at the commencement of, or in the course of, a summary trial
under this section it appears to the Magistrate that the nature of the case is such that a sentence
of imprisonment for a term exceeding one year may have to be passed or that it is, for any other
reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties,
record an order to that effect and thereafter recall any witness who has been examined and
proceed to hear or rehear the case in the manner provided by the said Code.]
[36AB. Special Courts. —
(1) The Central Government, or the State Government, in consultation with
6
the Chief Justice of the High Court, shall, for trial of offences relating to adulterated drugs or spurious drugs
and punishable under clauses
(a) and
(b) of section 13, sub-section
(3) of section 22, clauses
(a) and
(c) of
section 27, section 28, section 28A, section 28B and clause
(b) of sub-section
(1) of section 30 and other
offences relating to adulterated drugs or spurious drugs, by notification, designate one or more Courts of
Session as a Special Court or Special Courts for such area or areas or for such case or class or group of cases
as may be specified in the notification.
Explanation. —In this sub-section, “High Court” means the High Court of the State in which a
Court of Session designated as Special Court was functioning immediately before such designation.
(2) While trying an offence under this Act, a Special Court shall also try an offence, other than an
offence referred to in sub-section
(1), with which the accused may, under the Code of Criminal
Procedure, 1973 (2 of 1974), be charged at the same trial.
36AC. Offences to be cognizable and non-bailable in certain cases. —
(1) Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
(a) every offence, relating to adulterated or spurious drug and punishable under clauses
(a) and
(c) of sub-section
(1) of section 13, clause
(a) of sub-section
(2) of section 13, sub-section
(3) of
section 22, clauses
(a) and
(c) of section 27, section 28, section 28A, section 28B and sub-sections
(1) and
(2) of section 30 and other offences relating to adulterated drugs or spurious drugs, shall be
cognizable.
1. The words and figures “section 32 of” omitted by Act 13 of 1964, s. 29 (w.e.f. 15-9-1964).
2. Subs. by Act 68 of 1982, s. 38, for “the Code of Criminal Procedure, 1898” (w.e.f. 1-2-1983).
3. Subs. by s. 38, ibid., for “any Presidency Magistrate or any Magistrate of the first class” (w.e.f. 1-2-1983).
4. Ins. by s. 39, ibid. (w.e.f. 1-2-1983).
5. Subs. by Act 26 of 2008, s. 19, for “all offences under this Act” (w.e.f. 10-8-2009).
6. Ins. by s. 20, ibid. (w.e.f. 10-8-2009).
37
(b) no person accused, of an offence punishable under clauses
(a). and
(c) of sub-section
(1) of
section 13, clause
(a) of sub-section
(2) of section 13, sub-section
(3) of section 22, clauses
(a) and
(c) of section 27, section 28, section 28A, section 28B and sub-sections
(1) and
(2) of section 30 and
other offences relating to adulterated drugs or spurious drugs, shall be released on bail or on his own
bond unless—
(i) the Public Prosecutor has been given an opportunity to oppose the application for such
release; and
(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are
reasonable grounds for believing that he is not guilty of such offence and that he is not likely to
commit any offence while on bail:
Provided that a person, who, is under the age of sixteen years, or is a woman or is sick or infirm, may
be released on bail, if the Special Court so directs.
(2) The limitation on granting of bail specified in clause
(b) of sub-section
(1) is in addition to the
limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in
force on granting of bail.
(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 clause
(b) of sub-section
(1) of that section as if the
reference to “Magistrate” in that section includes also a reference to a “Special Court” designated under
section 36AB.
36AD. Application of Code of Criminal Procedure, 1973 to proceedings before Special
Court. —
(1) Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure,
1973 (2 of 1974) (including the provisions as to bails or bonds), shall apply to the proceedings before a
Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a
Court of Session and the person conducting the prosecution before the Special Court, shall be deemed to be
a Public Prosecutor:
Provided that the Central Government or the State Government may also appoint, for any case or class
or group of cases, a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor or a Special Public Prosecutor
under this section unless he has been in practice as an advocate for not less, than seven years, under the Union or
a State, requiring special knowledge of law.
(3) Every person appointed as a Public Prosecutor or a Special Public Prosecutor under this section shall
be deemed to be a Public Prosecutor within the meaning of clause
(u) of section 2 of the Code of Criminal
Procedure, 1973 (2 of 1974) and the provisions of that Code shall have effect accordingly.
36AE. Appeal and revision. — The High Court may exercise, so far as may be applicable, all the
powers conferred by Chapter XXIX or Chapter XXX of the Code of Criminal Procedure, 1973 (2 of 1974), on a
High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of
Session trying cases within the local limits of the jurisdiction of the High Court.]
