Section 36A of NDPS Act, 1985 : Section 36A: Offences Triable By Special Courts

Explanation using Example

Imagine a scenario where the police arrest a person named John for possessing and attempting to sell a large quantity of a banned substance. As the quantity is substantial, the offence falls under the Narcotic Drugs and Psychotropic Substances Act, 1985, and is punishable with imprisonment for more than three years.

Under Section 36A of the Act, John's case would not be heard in a regular court. Instead, it would be tried by a Special Court designated for the area where the crime was committed. When John is first detained, he is brought before a Magistrate who can authorize his detention for a period not exceeding fifteen days if the Magistrate is a Judicial Magistrate, or seven days if an Executive Magistrate.

If the Magistrate believes that John's further detention is not necessary, he can order John to be forwarded to the Special Court. The Special Court then has the same authority as a Magistrate to decide on the custody of John until the trial begins. Additionally, the Special Court can take cognizance of the offence without John being committed to trial, based on the police report or a complaint made by an authorized government officer.

Furthermore, if the investigation into John's case is not completed within 180 days, the Special Court has the discretion to extend the investigation period up to one year, upon the request of the Public Prosecutor, provided there are valid reasons for the delay.