The Army Act, 1950 prevails over the Narcotic Drugs and Psychotropic Substances Act, 1985 in the trial of army personnel for offences under the latter Act.

P.P. Naolekar, J.

1. That the petitioner-appellant was the Subedar in the Armed Force on 2.11.93. While the appellant was proceeding to join the 4 Rajput Regiment at Jammu, he was detained by the Railway Protection Force's Inspector at Dimapur for alleged possession of ganja. Later on, he was handed over to the army. On 24.10.96, the appellant was charged under Section 69 of the Army Act, 1950 for committing the civil offence i.e., possessing ganja in contravention to Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and also under Section 39(a) of the Army Act, 1950 for absenting himself from his unit without leave from 16.9.90 to 2.11.93. After undertaking necessary procedural requirements, the appellant was tried by the General Court Martial and was punished for 4 years rigorous imprisonment and dismissed from service having been found guilty of the charge of unlawful possession of ganja in violation of Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant was absolved from the charges of absenting himself without leave from his unit. The punishment imposed by the General Court Martial was challenged in the High Court by filing a writ petition and the same was dismissed by the learned Single Judge. Aggrieved by the same, the present appeal is filed.

2. We have heard Mr. A Sharma, learned counsel appearing on behalf of the appellant and Mr. C Choudhury, learned Central Government standing counsel for the respondents.

3. The only submission of the learned counsel for the appellant is that since the appellant being tried under the Narcotic Drugs and Psychotropic Substances Act, 1985, the Trial could not have been by the General Court Martial under the Army Act, 1950 and it could have been by a special Court constituted under the Narcotic Drugs and Psychotropic Substances Act, 1985 by virtue of Section 36A of the Narcotic. Drugs and Psychotropic Substances Act, 1985. Learned counsel has taken us through the provisions of Section 36A of the Narcotic Drugs and Psychotropic Substances Act, 1985. The relevant part of the Section 36A is quoted below :-

"36A. Offences triable by Special Courts. - (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 -

(a) all offences under this Act shall be triable only by the Special Court constituted for the area in which the offences has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the Government."

4. Section 36 of the Narcotic Drugs and Psychotropic Substances Act, 1985 provides for constitution of the Special Courts, the Government may for the purpose of providing the speedy trial of the offence under the Narcotic Drugs and Psychotropic Substances Act, 1985, by notification in the Official Gazette, may constitute the Special Courts, as may be necessary for the area(s) and may also specify the area in which the jurisdiction shall be exercised by the Special Courts. The relevant portion of Section 36 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is quoted below :

"36. Constitution of Special Courts. - (1) The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be specification in the notification."

5. By virtue of Section 36A of the Narcotic Drugs and Psychotropic Substances Act, 1985, all offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 are triable only by the Special Court constituted for the area in which the offence has been committed. Thus, as per the learned counsel, the offence having been committed and charged under the Narcotic Drugs and Psychotropic Substances Act, 1985, it should have been tried by a Special Court constituted for the purposes under Section 36 read with Section 36A of the Narcotic Drugs and Psych