Appeal and revision
Section 36B of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with appeal and revision. The High Court may exercise, so for as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974) on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases wi The Act came into force on 14 Nov 1985.
36B. Appeal and revision.-- The High Court may exercise, so for as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974) on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court.
Section 36B, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Maktool Singh vs State of Punjab
Court's Decision & Legal Precedent
Section 32A of the Narcotic Drugs and Psychotropic Substances Act, 1985, which prohibits suspension, remission or commutation of sentences under the Act (except Section 27), has an overriding effect and applies to all courts, including the High Court, and therefore the High Court cannot suspend sentences passed on persons convicted of NDPS offences (except Section 27) at any stage, including during the pendency of appeal. The non obstante clause in Section 32A makes it clear that this prohibition operates despite any provision in the Criminal Procedure Code or any other law. Section 36B of the NDPS Act, which preserves High Court powers under Chapter XXIX of the CrPC, is subject to the phrase 'so far as may be applicable', which limits the applicability of CrPC provisions to the extent they are not interdicted by Section 32A.
On this section: The Court interpreted Section 36B, which preserves High Court powers under Chapters XXIX and XXX of the CrPC, as being subject to the phrase 'so far as may be applicable'. This phrase limits the applicability of CrPC provisions to the extent they are not interdicted by other provisions of the NDPS Act, particularly Section 32A.
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State of Rajasthan vs Udai Lal
Court's Decision & Legal Precedent
In narcotic drug trafficking cases under the NDPS Act, appellate courts must properly evaluate all evidence and circumstances, including witness credibility through admitted signatures on spot documents and sample evidence from bulk seizures, rather than acquitting on flimsy grounds based on hostile witnesses or non-production of entire bulk quantity; procedural irregularities in search and seizure do not render evidence inadmissible if court finds no serious prejudice or tampering, and appellate courts must intervene when trial courts' findings are manifestly unreasonable causing miscarriage of justice.
On this section: Provides High Court power to deal with appeals and exercise all powers conferred by Chapter XXIX and Section 374 CrPC in particular
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Puja Singh, Adv. | UPON hearing the counsel the Court made the following ORDER These appeals are directed against the common judgment dated 16.03.2009 in Criminal Appeal Nos.926/2007, 885/2007, 1183/2006 and 2164/2006. The appellants were all proceeded against and convicted for the offence under Section 36B of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act). They were imposed with sentence of ten year's rigorous imprisonment along with fine of Rs.1,00,000/- and in default to undergo rigorous ature Not Verifie m risonment for one year for the offence under Section 20B(ii) of Reasothe said …
Questions about Section 36B
What have the courts held on Section 36B of the Narcotic Drugs and Psychotropic Substances Act?
Maktool Singh vs State of Punjab (17 Mar 2000) is the leading judgment on this section among those set out below: The Court interpreted Section 36B, which preserves High Court powers under Chapters XXIX and XXX of the CrPC, as being subject to the phrase 'so far as may be applicable'. This phrase limits the applicability of CrPC provisions to the extent they are not interdicted by other provisions of the NDPS Act, particularly Section 32A. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2000 to 2008.
How do I find court cases under Section 36B of the Narcotic Drugs and Psychotropic Substances Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NDPS Act 36B, section 36B NDPS Act, section 36B of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type 36b ndps act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Maktool Singh vs State of Punjab (17 Mar 2000).
When did Section 36B of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 36B of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 36B, came into force on 14 Nov 1985, having been enacted on 16 Sep 1985. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1747 words
- 68B. Definitions819 words
- 9. Power of Central Government to permit, control and regulate816 words
- 36A. Offences triable by Special Courts631 words
- 10. Power of State Government to permit, control and regulate568 words
- 42. Power of entry, search, seizure and arrest without warrant or authorisation507 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 19 Oct 2026. This page is not a substitute for legal advice.