Section 36AB of Drugs and Cosmetics Act 1940 - Special Courts
Section 36AB provides for designation of Special Courts to try specified serious offences involving adulterated or spurious drugs under the Drugs and Cosmetics Act, 1940.
Meaning and purpose of Section 36AB
The provision creates a specialised trial mechanism for serious drug offences. The Central Government or the State Government, after consultation with the Chief Justice of the High Court, may designate one or more Courts of Session as Special Courts by notification. The notification may specify the territorial area, a particular case, or a class or group of cases for which the Special Court is designated.
Text and effect of Section 36AB
Sub-section (1): The Central Government or State Government, in consultation with the Chief Justice of the High Court, is to designate one or more Courts of Session as Special Courts for trial of offences relating to adulterated or spurious drugs that are punishable under the provisions specifically listed in Section 36AB, as well as other offences relating to adulterated or spurious drugs. The designation is made by notification and may apply to an area, a case, or a class or group of cases.
Explanation: For this sub-section, "High Court" means the High Court of the State in which the Court of Session designated as a Special Court was functioning immediately before its designation.
Sub-section (2): While trying an offence under the Drugs and Cosmetics Act, the Special Court may also try another offence with which the accused may lawfully be charged at the same trial under the applicable criminal procedure law. The enacted text of Section 36AB refers to the Code of Criminal Procedure, 1973.
Offences covered by the Special Court provision
Section 36AB(1) identifies offences relating to adulterated or spurious drugs punishable under specified provisions, including clauses (a) and (b) of Section 13, Section 22(3), clauses (a) and (c) of Section 27, Sections 28, 28A and 28B, and Section 30(1)(b), together with other offences relating to adulterated or spurious drugs.
| Provision | Relevance under Section 36AB |
|---|---|
| Section 13 | Specified offences and penalties concerning contraventions relating to imported drugs or cosmetics are included where Section 36AB expressly refers to the relevant clauses. |
| Section 22(3) | Section 36AB expressly includes the offence punishable under sub-section (3) of Section 22. |
| Section 27 | Clauses (a) and (c), concerning serious contraventions involving drugs, are expressly included. |
| Sections 28, 28A and 28B | These specified penalty provisions are expressly referred to in Section 36AB. |
| Section 30(1)(b) | The specified repeat-offence provision is expressly included. |
How a Special Court is designated
Designation is not automatic merely because an allegation concerns an adulterated or spurious drug. Section 36AB requires a notification by the Central Government or the State Government, as applicable, and consultation with the Chief Justice of the High Court. A Court of Session may be designated for a specified area, a specific case, or a class or group of cases.
Power to try connected offences
Sub-section (2) prevents unnecessary fragmentation of a criminal trial. Where the rules governing joinder of charges permit another offence to be tried with the Drugs and Cosmetics Act offence, the Special Court may try that connected offence in the same proceeding.
Related provisions
Section 36AB should be read with Section 36AC on cognizable and non-bailable offences, Section 36AD on criminal procedure before Special Courts, and Section 36AE on appeal and revision.
Official legal resources
For the current statutory text and official regulatory material, refer to the India Code - Drugs and Cosmetics Act, 1940 and the CDSCO Acts and Rules page.
This page is an explanatory legal reference. For a pending prosecution or procedural issue, the statutory text, applicable notifications, amendments, savings provisions and binding judicial decisions should be checked for the relevant date and jurisdiction.