Section 36. Magistrate's power to impose enhanced penalties

36. Magistrate's power to impose enhanced penalties. —Notwithstanding anything contained in[2] * * *[3] [the Code of Criminal Procedure, 1973 (2 of 1974)], it shall be lawful for 4[any Metropolitan Magistrate or any Judicial Magistrate of the first class] to pass any sentence authorized by this Act in excess of his powers under[1] * * * the said Code. 5[36A. Certain offences to be tried summarily. —Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),[6] [all offences (except the offences triable by the Special Court under section 36AB or Court of Session under this Act] punishable with imprisonment for a term not exceeding three years, other than an offence under clause (b) of sub-section (1) of section 33-I, shall be tried in a summary way by a Judicial Magistrate of the first class specially empowered in this behalf by the State Government or by a Metropolitan Magistrate and the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to such trial : Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for the Magistrate to pass a sentence of imprisonment for a term not exceeding one year: Provided further that when at the commencement of, or in the course of, a summary trial under this section it appears to the Magistrate that the nature of the case is such that a sentence of imprisonment for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try the case summarily, the Magistrate shall, after hearing the parties, record an order to that effect and thereafter recall any witness who has been examined and proceed to hear or rehear the case in the manner provided by the said Code.] 7[36AB. Special Courts. —(1) The Central Government, or the State Government, in consultation with the Chief Justice of the High Court, shall, for trial of offences relating to adulterated drugs or spurious drugs and punishable under clauses (a) and (b) of section 13, sub-section (3) of section 22, clauses (a) and (c) of section 27, section 28, section 28A, section 28B and clause (b) of sub-section (1) of section 30 and other offences relating to adulterated drugs or spurious drugs, by notification, designate one or more Courts of Session as a Special Court or Special Courts for such area or areas or for such case or class or group of cases as may be specified in the notification. Explanation. —In this sub-section, "High Court" means the High Court of the State in which a Court of Session designated as Special Court was functioning immediately before such designation. 1. Subs. by Act 68 of 1982, s. 37, for certain words (w.e.f. 1-2-1983). 2. The words and figures "section 32 of" omitted by Act 13 of 1964, s. 29 (w.e.f. 15-9-1964). 3. Subs. by Act 68 of 1982, s. 38, for "the Code of Criminal Procedure, 1898" (w.e.f. 1-2-1983). 4. Subs. by s. 38, ibid ., for "any Presidency Magistrate or any Magistrate of the first class" (w.e.f. 1-2-1983). 5. Ins. by s. 39, ibid . (w.e.f. 1-2-1983). 6. Subs. by Act 26 of 2008, s. 19, for "all offences under this Act" (w.e.f. 10-8-2009). 7. Ins. by s. 20, ibid . (w.e.f. 10-8-2009). ==> picture [5 x 51] intentionally omitted <== (2) While trying an offence under this Act, a Special Court shall also try an offence, other than an offence referred to in sub-section (1) , with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial.