Jurisdiction of Judicial Magistrate vis-a-vis NDPS (Amendment) Act, 2001
By
R. Biju Kumar
Before the enactment of NDPS Act, 1985 the statutory control over narcotic drugs in India was exercised through a number of Central and State enactments. The NDPS Act was passed in 1985 to consolidate and amend the existing laws relating to narcotic drugs. It was enacted taking into account the deficiencies in the existing laws and to curb the alarming problem on drug traffic. The objects sought to be achieved by the Act were to strengthen the existing controls over drug abuse, to enhance penalties, to make effective control over psychotropic substances and to implement international conventions relating to narcotic drugs and psychotropic substances to which India is a party.
When the Act was enacted there was no provision for constitution of special courts for trial of offences under the Act. The courts exercised jurisdiction in accordance with the provisions contained in Cr. P. C. The only exception was Sec. 36 of the Act which empowered judicial Magistrates to try offence ....