Drugs and Cosmetics Act 1940 / Section 36AC

Section 36AC of the Drugs and Cosmetics Act 1940 - Cognizable and Non-Bailable Offences

Section 36AC of the Drugs and Cosmetics Act, 1940 makes specified offences relating to adulterated or spurious drugs cognizable and imposes special statutory conditions for release on bail. The provision also preserves the special bail powers of the High Court.

Scope of Section 36AC: The section operates notwithstanding the Code of Criminal Procedure, 1973 and specifically addresses serious offences concerning adulterated or spurious drugs. It should be read with the penal provisions expressly referred to in the section and with Sections 36AB, 36AD and 36AE of the Act.

What Section 36AC provides

Statutory text of Section 36AC

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.

(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.

Meaning of important terms and provisions

Cognizable offence

In the context of Section 36AC, the Act expressly declares the covered offences relating to adulterated or spurious drugs to be cognizable. This classification is important for criminal procedure, investigation and arrest, subject to the Drugs and Cosmetics Act and other applicable law.

Non-bailable and special bail conditions

Section 36AC does more than classify the covered cases as non-bailable. Clause (b) establishes additional conditions that must be considered before release on bail. Where the Public Prosecutor opposes bail, the court must reach the statutory satisfaction stated in sub-clause (ii).

Sections referred to in Section 36AC

The provision expressly refers to Sections 13, 22, 27, 28, 28A, 28B and 30. These provisions concern specified offences, powers and penalties under the Drugs and Cosmetics Act. The exact charge and applicable punishment depend on the particular contravention alleged and the relevant statutory provision.

Section 36AB - Special Courts

Section 36AB provides for designation of Special Courts for trial of specified offences under the Act. Section 36AC(3) refers expressly to a Special Court designated under Section 36AB.

Section 36AD - Procedure before Special Court

Section 36AD addresses application of criminal procedure to proceedings before a Special Court, save as otherwise provided by the Drugs and Cosmetics Act. Section 36AC is therefore important when bail is considered in proceedings involving the serious offences identified in that section.

Practical effect of Section 36AC

The section creates a stricter bail framework for the specified offences relating to adulterated or spurious drugs. The Public Prosecutor's opportunity to oppose bail and the court's required satisfaction under Section 36AC(1)(b) are substantive statutory safeguards that must be considered in covered cases.

Sub-section (2) makes clear that these restrictions are additional to other limitations governing bail. Sub-section (3), however, expressly states that the special powers of the High Court regarding bail referred to in the provision are not affected.

Official legal resources

For authoritative verification of the current statutory text, amendments and regulatory material, refer to the Government of India's official legislation database and the Central Drugs Standard Control Organisation.

India Code - Government of India legislation portal

CDSCO - Drugs and Cosmetics Act and Rules

Note: This page is intended for legal information and statutory reference. The application of Section 36AC depends on the alleged offence, the charging provisions, the facts of the case and the law applicable to the proceeding.