Under the proviso to Section 36D(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the…
The proviso to section 36D(2) NDPS Act preserves the High Court's power under section 407 CrPC "to transfer any case or class of cases taken cognizance of by a Court of…
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Under the proviso to Section 36D(2) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the High Court may transfer-
Answer and explanation
Correct answer C
The proviso to section 36D(2) NDPS Act preserves the High Court's power under section 407 CrPC "to transfer any case or class of cases taken cognizance of by a Court of Session" under section 36D(1). It concerns cases before Courts of Session acting in place of Special Courts, not Magistrates' cases or appeals.
Current law: the CrPC was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, but the NDPS Act still refers to the 1973 Code.