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Section 36D NDPS Act — Transitional provisions

The Narcotic Drugs and Psychotropic Substances Act, 1985 · Official PDF page 24

Open in NyayaOfficial PDF, page 24

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).]

Text extracted from the official PDF (India Code source copy; publisher last-update label: 3-1-2022). Line breaks and footnote marks may differ; the PDF is the authority.

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