Lawgist36DTransitional provisions
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).]
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1 Subs. by Act 9 of 2001, s. 16, for section 36D (w.e.f. 2-10-2001).
- 15 Punishment for contravention in relation to poppy straw
- 16 Punishment for contravention in relation to coca plant and coca leaves
- 17 Punishment for contravention in relation to prepared opium
- 18 Punishment for contravention in relation to opium poppy and opium
- 19 Punishment for embezzlement of opium by cultivator
- 20 Punishment for contravention in relation to cannabis plant and cannabis
- 21 Punishment for contravention in relation to manufactured drugs and preparations
- 22 Punishment for contravention in relation to psychotropic substances
- 23 Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances
- 24 Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12
- 25 Punishment for allowing premises, etc., to be used for commission of an offence
- 25A Punishment for contravention of orders made under section 9A
- 26 Punishment for certain acts by licensee or his servants
- 27 Punishment for consumption of any narcotic drug or psychotropic substance
- 27A Punishment for financing illicit traffic and harbouring offenders
- 27B Punishment for contravention of section 8A
- 28 Punishment for attempts to commit offences
- 29 Punishment for abetment and criminal conspiracy
- 30 Preparation
- 31 Enhanced punishment for offences after previous conviction
- 31A Death penalty for certain offences after previous conviction
- 32 Punishment for offence for which no punishment is provided
- 32A No suspension, remission or commutation in any sentence awarded under this Act
- 32B Factors to be taken into account for imposing higher than the minimum punishment
- 33 Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958
- 34 Security for abstaining from commission of offence
- 35 Presumption of culpable mental state
- 36 Constitution of Special Court
- 36A Offences triable by Special Courts
- 36B Appeal and revision
- 36C Application of Code to proceedings before a Special Court
- 36D Transitional provisions
- 37 Offences to be cognizable and non-bailable
- 38 Offences by companies
- 39 Power of court to release certain offenders on probation
- 40 Power of court to publish names, place of business, etc., of certain offenders
