Section36D
The Narcotic Drugs and Psychotropic Substances Act, 1985

Transitional provisions

In force From 14 Nov 1985 Act 61 of 1985 As on 19 Oct 2026

Act 61 of 1985 Ministry Finance Enacted 16 Sep 1985 In force 14 Nov 1985

Section 36D of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with transitional provisions. 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 C The Act came into force on 14 Nov 1985.

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).]

Section 36D, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

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.

  1. High Court 22 May 2015 KLHC010142542015

    … The minimum sentence provided for the offence alleged against the petitioner herein as on the date of commission of the offence was imprisonment for five years. As on the said date, the offence was triable by the Special Court or the Court of Session. 5 4. Section 36D of the NDPS Act provides that any offence committed under the Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act 1988, which is triable by a Special Court shall, until a Special Court is constituted under Section 36, notwithstanding anything contained in the Code of …

    Read this order on eCourtsIndia

Questions about Section 36D

What does Section 36D of the Narcotic Drugs and Psychotropic Substances Act deal with?

Section 36D of the Narcotic Drugs and Psychotropic Substances Act is headed "Transitional provisions". [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, notwithstandin

How do I find court cases under Section 36D 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 36D, section 36D NDPS Act, section 36D of the Narcotic Drugs and Psychotropic Substances Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 36D of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?

Its own text turns on section 36 (Constitution of Special Court), so none of them can safely be read on its own.

When did Section 36D of the Narcotic Drugs and Psychotropic Substances Act come into force?

Section 36D of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 36D, 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

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.