Can Magistrate Decide Bail Pleas Under NDPS Act Despite Constitution Of Special Courts? Rajasthan High Court To Consider

The Rajasthan High Court is set to consider the question whether a judicial magistrate has jurisdiction to hear and decide bail applications for offences under NDPS Act, despite constitution of Special Courts as per Sections 36, 36A for trial of such offences. In doing so the court has asked members of the bar to assist the court on the issue. Section 36A of the Act mandated that the offences punishable under the NDPS Act were exclusively triable by the Special Courts. Section 36 of the Act provided that the Special Court consisted of a single judge appointed by the Government with concurrence of the Chief Justice of the High Court.For context, the bench of Justice Anoop Kumar Dhand was hearing a bail application for the petitioner accused under the NDPS act, wherein it was submitted that he was already granted bail by the Court of Judicial Magistrate."Looking to the overall facts and circumstances of the case, this Court deems it just and proper to formulate a question, which is required to be answered:- 'Whether a Judicial Magistrate is having jurisdiction to hear and decide the bail application filed by the accused for the offence punishable under the NDPS Act, more particularly when Special Courts have been constituted for trial of such offences, in terms of Section 36 and 36A of the NDPS Act?'The learned Members of the Bar are requested to assist the Court on the aforesaid issue".In this background, apart from posing the afore-mentioned question for the members of the bar, the Court had also asked the concerned Judicial Magistrate to furnish an explanation towards the same.The Court took into account that the amount of contraband allegedly recovered from the accused person was lower than the commercial quantity but higher than the small quantity, thereby, attracting an imprisonment that may extend upto 10 years. The Court made a reference to Sections 36 and 36A of the Act, and observed that, “A bare perusal of the aforesaid Section indicates that the legislature thought it fit to impose an embargo over the power of Magistrate in the matters of bail relating to any offence under the NDPS Act. In case the Magistrate is of the opinion that remand of the accused is not necessary for the offence under the NDPS Act, he cannot grant bail and shall order such person to be forwarded to the Special Court having jurisdiction.”In this background, the Court formulated the aforementioned question, and requested the members of the bar to provide assistance of the same. The Registrar was directed to publish a note in the cause-list inviting members of the Bar to address the issue. In the interim, explanation was also sought from the concerned Judicial Magistrate. The matter is listed on July 9, 2026. Title: Kaluram v State of RajasthanClick Here To Read/Download Order

Can Magistrate Decide Bail Pleas Under NDPS Act Despite Constitution Of Special Courts? Rajasthan High Court To Consider

Nupur Agrawal

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Nupur Agrawal

Can Magistrate Decide Bail Pleas Under NDPS Act Despite Constitution Of Special Courts? Rajasthan High Court To Consider

Nupur Agrawal

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Nupur Agrawal

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