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THE NARCOTIC DRUGS
AND PSYCHOTROPIC SUBSTANCES ACT, 1985
(61 of 1985)
[16th
September, 1985]
An Act to consolidate and amend the law
relating to narcotic drugs, to make stringent provisions for the control and
regulation of operations relating to narcotic drugs and psychotropic
substances [to
provide forthe forfeiture of property derived from, or used in, illicit
traffic in narcotic drugs and psychotropic substances, to implement the
provisions of the International Convention on Narcotic Drugs and Psychotropic
Substances]and for matters connected therewith.
Be it enacted by Parliament in the
Thirty-sixth Year of the
CHAPTER 1
PRELIMINARY
1. Short title, extent and commencement.-(1) This Act may be called the Narcotic Drugs and Psychotropic
Substances Act, 1985.
(2) It extends to the whole of
(b) to all persons on ships and aircrafts
registered in
(3) It shall come into force on such date as
the Central Government may, by notification in the Official Gazette, appoint,
and different dates may be appointed for different provisions of this Act and
for different States and any reference in any such provision to the
commencement of this Act shall be construed in relation to any State as a
reference to the coming into force of that provision in that State.
2. Definitions.-In this Act, unless the context otherwise requires,-- [(i)
"addict" means a person who has dependence on any narcotic drug or
psychotropic substances;]
(ii) "Board" means the Central
Board of Excise and Customs constituted under the Central Boards of Revenue
Act, 1963 (54 of 1963);
(iii) "cannabis (hemp)" means-
(a) charas,
that is, the separated resin, in whatever
form, whether crude or purified, obtained from the cannabis plant and also
includes concentrated preparation and resin known as hashish oil or liquid hashish;
(b) ganja, that is, the flowering or
fruiting tops of the cannabis plant (excluding the seeds and leaves when not
accompanied by the tops), by whatever name they may be known or designated;
and
(c) any mixture, with or without any
neutral material, of any of the above forms of cannabis or any drink prepared
therefrom;
(iv) "cannabis plant" means any
plant of the genus cannabis; (v) "coca derivative' means
(a) crude cocaine, that is, any extract of
coca leaf which can be used, directly or indirectly, for the manufacture of
cocaine;
(b) ecgonine and all the derivatives of
ecgonine from which it can be recovered;
(c) cocaine, that is, methyl ester of
benzoyl-ecgonine and its salts; and
(d) all preparations containing more than
0.1 percent of cocaine;
(vi) "coca leaf" means (a) the
leaf of the coca plant except of a leaf from which all ecgonine, cocaine and
any other ecgonine alkaloids have been removed;
(b) any mixture thereof with or without any
neutral material; but does not include any preparation containing not more
than 0.1 per cent. of cocaine;
(vii) "coca plant" means the
plant of any species of the genus Erythroxylon;
[(viia) "commercial quantity", in
relation to narcotic drugs and psychotropic substances, means any quantity
greater than the quantity specified by the Central Government by notification
in the Official Gazette;
(viib) "controlled delivery"
means the technique of allowing illicit or suspect consignments of narcotic drugs,
psychotropic substances, controlled substances or substances substituted for
them to pass out of, or through or into the territory of India with the
knowledge and under the supervision of an officer empowered in this behalf or
duly authorised under section 50A with a view to identifying the persons
involved in the commission of an offence under this Act;
(viic) "corresponding law" means
any law corresponding to the provisions of this Act;
[(viid) "controlled substance"
means any substance which the Central Government may, having regard to the
available information as to its possible use in the production or manufacture
of narcotic drugs or psychotropic substances or to the provisions of any
International Convention, by notification in the Official Gazette, declare to
be a controlled substance;]
(viii) "conveyance" means a conveyance
of any description whatsoever and includes any aircraft, vehicle or vessel;
[(viiia) "illicit traffic", in
relation to narcotic drugs and psychotropic substances, means
(i) cultivating any coca plant or gathering
any portion of coca plant;
(ii) cultivating the opium poppy or any
cannabis plant;
(iii) engaging in the production,
manufacture, possession, sale, purchase, transportation, warehousing,
concealment, use or consumption, import inter-State, export inter-State,
import into India, export from India or transhipment, of narcotic drugs or
psychotropic substances;
(iv) dealing in any activities in narcotic
drugs or psychotropic substances other than those referred to in sub-clauses
(i) to (iii); or
(v) handling or letting out any premises
for the carrying on of any of the activities referred to in sub-clauses (i)
to (iv); other than those permitted under this Act, or any rule or order
made, or any condition of any licence, term or authorisation issued,
thereunder, and includes (1) financing, directly or indirectly, any of the
aforementioned activities;
(2) abetting or conspiring in the
furtherance of or in support of doing any of the aforementioned activities;
and
(3) harbouring persons engaged in any of
the aforementioned activities; ]
(ix)"International Convention"
means (a) the Single Convention on Narcotic Drugs, 1961 adopted by the United
Nations Conference at
(b) the protocol, amending the Convention
mentioned in sub-clause (a),adopted by the United Nations Conference at
(c) the Convention on Psychotropic
Substances, 1971 adopted by the United Nations Conference at
(d) any other international convention, or
protocol or other instrument amending an international convention, relating
to narcotic drugs or psychotropic substances which may be ratified or acceded
to by India after the commencement of this Act;
(x) "manufacture", in relation to
narcotic drugs or psychotropic substances, includes
(1) all processes other than production by
which such drugs or substances may be obtained;
(2) refining of such drugs or substances;
(3) transformation of such drugs or
substances; and
(4) making of preparation (otherwise than
in a pharmacy on prescription) with or containing such drugs or substances;
(xi) "manufactured drug" means
(a) all coca derivatives, medicinal
cannabis, opium derivatives and poppy straw concentrate;
(b) any other narcotic substance or
preparation which the Central Government may, having regard to the available
information as to its nature or to a decision, if any, under any
International Convention, by notification in the Official Gazette, declare to
be a manufactured drug; but does not include any narcotic substance or
preparation which the Central Government may, having regard to the available
information as to its nature or to a decision, if any, under any International
Convention, by notification in the Official Gazette, declare not to be a
manufactured drug;
(xii) "medicinal cannabis", that
is, medicinal hemp, means any extract or tincture of cannabis (hemp);
(xiii) "Narcotic Commissioner"
means the Narcotics Commissioner appointed under section 5;
(xiv) "narcotic drug" means coca
leaf, cannabis (hemp), opium, poppy straw and includes all manufactured
goods;
(xv) "opium" means
(a) the coagulated juice of the opium
poppy; and
(b) any mixture, with or without any
neutral material, of the coagulated juice of the opium poppy, but does not
include any preparation containing not more than 0.2 per cent of morphine:
(xvi) "opium derivative" means
(a) medicinal opium, that is, opium which
has undergone the processes necessary to adapt it for medicinal use in
accordance with the requirements of the Indian Pharmacopoeia or any other pharmacopoeia
notified in this behalf by the Central Government, whether in powder form or granulated
or otherwise or mixed with neutral materials;
(b) prepared opium, that is, any product of
opium by any series of operations designed to transform opium into an extract
suitable for smoking and the dross or other residue remaining after opium is smoked;
(c) phenanthrene alkaloids, namely,
morphine, codeine, thebaine and their salts;
(d) diacetylmorphine, that is, the alkaloid
also known as dia morphine or heroin and its salts; and
(e) all preparations containing more than
0.2 per cent. of morphine or containing any diacetylmorphine;
(xvii) "opium poppy" means
(a) the plant of the species Papaver
somniferum L.; and
(b) the plant of any other species of
Papaver from which opium or any phenanthrene alkaloid can be extracted and
which the Central Government may, by notification in the Official Gazette, declare
to be opium poppy for the purposes of this Act;
(xviii) "poppy straw" means all
parts (except the seeds) of the opium poppy after
(xix) harvesting whether in their original
form or cut, crushed or powdered and whether or not juice has been extracted
there from;
(xix) "poppy straw concentrate"
means the material arising when poppy straw has entered into a process for
the concentration of its alkaloids;
(xx) "preparation", in relation
to a narcotic drug or psychotropic substance, means anyone or more such drugs
or substances in dosage form or any solution or mixture, in whatever physical
state, containing one or more such drugs or substances;
(xx) "prescribed" means
prescribed by rules made under this Act;
(xxi) "production" means the
separation of opium, poppy straw, coca leaves or cannabis from the plants from
which they are obtained:
(xxiii) "psychotropic substance"
means any substance, natural or synthetic, or any natural material or any salt
or preparation of such substance or material included in the list of
psychotropic substances specified in the Schedule;
[(xxiiia) "small quantity", in
relation to narcotic drugs and psychotropic substances, means any quantity lesser
than the quantity specified by the Central Government by notification in the
Official Gazette.]
(xxiv) 'to import inter-State" means
to bring into a State or Union territory in
(xxv) "to import into India",
with its grammatical variations and cognate expressions, means to bring into
India from a place outside India and includes the bringing into any port or
airport or place in India of a narcotic drug or a psychotropic substance intended
to be taken out of India without being removed from the vessel, aircraft,
vehicle or any other conveyance in which it is being carried.
Explanation.-For the purposes of this
clause and clause (xxvi), "
(xxvi) "to export from
(xxvii) "to export inter-State"
means to take out of a State or Union territory in
(xxviii) "to transport" means to
take from one place to another within the same State or
[(xxviiia) "use", in relation to
narcotic drugs and psychotropic substances, means any kind of use except
personal consumption;]
(xxix) words and expressions used herein
and not defined but defined in the Code of Criminal Procedure, 1973 (2 of
1974) have the meanings respectively assigned to them in that Code. Explanation.-For
the purposes of clauses (v), (vi), (xv) and (xvi) the percentages in the case
of liquid preparations shall be calculated on the basis that a preparation
containing one per cent of a substance means a preparation in which one gram
of substance, if solid, or one milliliter of substance, if liquid, is
contained in everyone hundred milliliter of the preparation and so on in proportion
for any greater or less percentage:
Provided that the Central Government may,
having regard to the developments in the field of methods of calculating
percentages in liquid preparations prescribed, by rules, any other basis, which
it may deem appropriate for such calculation.
3. Power to add to or omit from the list of
psychotropic substances.- The Central
Government may, if satisfied that it is necessary or expedient so to do on
the basis of (a) the information and evidence which has become available to
it with respect to the nature and effects of, and the abuse or the scope for abuse
of, any substance (natural or synthetic) or natural material or any salt or
preparation of such substance or material; and
(b) the modifications or provisions (if
any) which have been made to, or in any International Convention with respect
to such substance, natural material or salt or preparation of such substance
or material.
By notification in the Official Gazette,
add to, or, as the case may be, omit from, the list of psychotropic
substances specified in the Schedule such substance or natural material or
salt or preparation of such substance or material.
CHAPTER II
AUTHORITIES AND OFFICERS
4. Central
Government to take measures for preventing and combating abuse of and illicit
traffic in narcotic drugs, etc.-(l)
Subject to the provisions of the Act, the Central Government shall take all such measures as
it deems necessary or expedient for the purpose of preventing and combating abuse of narcotic
drugs and psychotropic substances and the illicit traffic therein.
(2) In particular and without prejudice to
the generality of the provisions of sub-section (I), the measures which the
Central Government may take under the sub-section include measures with
respect to all or any of the following matters, namely:
(a) coordination of actions by various
officers, State Governments and other authorities
(i) under this Act, or
(ii) under any other law for the time being
in force in connection with the enforcement of the provisions of this Act;
(b) obligations under the International
Conventions;
(c) assistance to the concerned authorities
in foreign countries and concerned international organisations with a view to
facilitating coordination and universal action for prevention and suppression
of illicit traffic in narcotic drugs and psychotropic substances;
(d) identification, treatment, education,
after care, rehabilitation and
social re-integration of addicts;
(e) such other matters as, the Central
Government deems necessary or expedient for the purpose of securing the
effective implementation of the provisions of this Act and preventing and
combating the abuse of narcotic drugs and psychotropic substances and illicit
traffic therein.
(3) The Central Government may, if it
considers it necessary or expedient so to do for the purposes of this Act, by
order, published in the Official Gazette, constitute an authority or a hierarchy
of authorities by such name or names as may be specified in the order for the
purpose of exercising such of the powers and functions of the Central
Government under this Act and for taking measures with respect to such of the
matters referred to in sub-section (2) as may be mentioned in the order, and
subject to the supervision and control of the Central Government and the
provisions of such order, such authority or authorities may exercise the
powers and take the measures so mentioned in. the order as if such authority
or authorities had been empowered by this Act to exercise those powers and
take such measures.
5. Officers
of
(2) The Narcotics Commissioner shall,
either by himself or through officers subordinate to him, exercise all powers
and perform all functions relating to the superintendence of the cultivation
of the opium poppy and production of opium and shall also exercise and
perform such other powers and functions as may be entrusted to him by the
Central Government.
(3) The officers appointed under
sub-section (1) shall be subject to the general control and direction of the
Central Government, or, if so directed by that Government, also of the Board
or any other authority or officer.
6. The
Narcotic Drugs and Psychotropic Substances Consultative Committee.-(l)
The Central Government may constitute, by notification in the Official
Gazette, an advisory committee to be called "The Narcotic Drugs and Psychotropic
Substances Consultative Committee" (hereafter in this section referred
to as the Committee) to advise the Central Government on such matters
relating to the administration of this Act as are referred to it by that
Government from time to time.
(2) The Committee shall consist of a
Chairman and such other members, not exceeding twenty, as may be appointed by
the Central Government.
(3) The Committee shall meet when required
to do so by the Central Government and shall have power to regulate its own
procedure.
(4) The Committee may, if it deems it
necessary so to do for the efficient discharge of any of its functions
constitute one or more sub-committees and may appoint to any such
sub-committee, whether generally or for the consideration of any particular
matter any person (including a nonofficial) who is not a member of the
Committee.
(5) The term of office of, the manner of filling
casual vacancies in the offices of and the allowances, if any, payable to,
the Chairman and other members of the Committee, and the conditions and
restrictions subject to which the Committee may appoint a person who is not a
member of the Committee as a member of any of its sub-committees, shall be
such as may be prescribed by rules made by the Central Government.
7. Officers
of State Government.-(l) The State Government may appoint such
officers with such designations as it thinks fit for the purposes of this
Act.
(2) The officers appointed under
sub-section (1) shall be subject to the general control and direction of the
State Government, or, if so directed by that Government also of any other authority
or officer.
CHAPTER IIA
NATIONAL FUND FOR CONTROL OF DRUG ABUSE
7A.
National Fund for Control of Drug Abuse. -(l)
The Central Government may, by notification in the Official Gazette,
constitute a Fund to be called the National Fund for Control of Drug Abuse
(hereafter in this Chapter referred to as the Fund) and there shall be
credited thereto-
(a) an amount which the Central Government
may, after due appropriation made by Parliament by law in this behalf,
provide;
(b) the sale proceeds of any property
forfeited under Chapter V A;
(c) any grants that may be made by any
person or institution;
(d) any income from investment of the
amounts credited to the Fund under the aforesaid provisions.
[(2) The Fund shall be applied by the
Central Government to meet the expenditure incurred in connection with the measures
taken for
(a) Combating illicit traffic in narcotic
drugs, psychotropic substances or controlled substances;
(b) Controlling the abuse of narcotic drugs
and psychotropic substances;
(c) identifying, treating, rehabilitating
addicts;
(d) Preventing drug abuse;
(e) Educating public against drug abuse;
(f) supplying drugs to addicts where such
supply is a medical necessity.
(3) The Central Government may constitute a
Governing Body as it thinks fit to advise that Government and to sanction
money out of the said Fund subject to the limit notified by the Central
Government in the Official Gazette.]
(4) The Governing Body shall consist of a
Chairman (not below the rank of an Additional Secretary to the Central
Government) and such other members not exceeding six as the Central Government
may appoint.
(5) The Governing Body shall have the power
to regulate its own procedure.
7B. Annual report of activities financed
under the fund. - The Central Government shall, as soon as may be, after the
end of each financial year, cause to be published in the Official Gazette, a
report giving an account of the activities financed under section 7-A during
the financial year, together with a statement of accounts. ]
CHAPTER III
PROHIBITION, CONTROL AND REGULATION
8. Prohibition
of certain operations. -No person shall (a)
cultivate any coca plant or gather any portion of coca plant; or
(b) cultivate the opium poppy or any
cannabis plant; or
(c) produce, manufacture, possess, sell,
purchase, transport, warehouse, use, consume, import inter- State, export
inter-State, import into India, export from India or tranship any narcotic
drug or psychotropic substance, except for medical or scientific purposes and
in the manner and to the extent provided by the provisions of this Act or the
rules or orders made thereunder and in a case where any such provision,
imposes any requirement by way of licence, permit or authorization also in
accordance with the terms and conditions of such licence, permit or
authorization:
Provided that, and subject to the other
provisions of this Act and the rules made thereunder, the prohibition against
the cultivation of the cannabis plant for the production of ganja or the production,
possession, use, consumption, purchase, sale, transport, warehousing, import
inter- State and export inter-State of ganja for any purpose other than medical and scientific purpose shall
take effect only from the date which the Central Government may, by
notification in the Official Gazette, specify in this behalf:
[Provided further that nothing in this
section shall apply to the export of poppy straw for decorative purposes.]
[8A. Prohibition of certain activities
relating to property derived from offence.-No person shall (a) convert or
transfer any property knowing that such property is derived from an offence
committed under this Act or under any other corresponding law of any other
country or from an act of participation in such offence, for the purpose of
concealing or disguising the illicit origin of the property or to assist any
person in the commission of an offence or to evade the legal consequences; or
(b) conceal or disguise the true nature,
source, location, disposition of any property knowing that such property is
derived from an offence committed under this Act or under any other
corresponding law of any other country; or
(c) knowingly acquire, possess or use any
property which was derived from an offence committed under this Act or under
any other corresponding law of any other country.]
9. Power
of Central Government to permit, control and regulate. -(1) Subject to
the provisions of section 8, the Central Government may, by rules- (a) permit
and regulate-
(i) the cultivation, or gathering of any
portion (such cultivation or gathering being only on account of the Central
Government) of coca plant, or the production, possession, sale, purchase,
transport, import inter-State, export inter-State, use or consumption of coca
leaves;
(ii) the cultivation (such cultivation
being only on account of Central Government) of the opium poppy;
(iii) the production and manufacture of
opium and production of poppy straw;
(iv) the sale of opium and opium
derivatives from the Central Government factories for export from
(v) the manufacture of manufactured drugs
(other, than prepared opium) but not including manufacture of medicinal opium
or any preparation containing any manufactured drug from materials which the
maker is lawfully entitled to possess;
(vi) the manufacture, possession, transport
import inter-State, export inter-State, sale, purchase, consumption or use of
psychotropic substances;
(vii) the import into
(b) prescribe any other matter requisite to
render effective the control of the Central Government over any of the
matters specified in clause (a).
(2) In particular and without prejudice to
the generality of the foregoing power , such rules may
(a) empower the Central Government to fix
from time to time the limits within which licences may be given for the
cultivation of the opium poppy;
(b) require that all opium, the produce of
land cultivated with the opium poppy, shall be delivered by the cultivators
to the officers authorized in this behalf by the Central Government;
(c) prescribe the forms and conditions of
licences for cultivation of the opium poppy and for production and
manufacture of opium; the fees that may be charged therefor; the authorities
by which such licences may be granted, withheld, refused or cancelled and the
authorities before which appeals against the orders of withholding, refusal
or cancellation of licences shall lie;
(d) prescribe that opium shall be weighed,
examined and classified according to its quality and consistence by the
officers authorized in this behalf by the Central Government in the presence
of the cultivator at the time of delivery by the cultivator;
(e) empower the Central Government to fix
from time to time the price to be paid to the cultivators for the opium
delivered;
(f) provide for the weighment, examination
and classification, according to the quality and consistence, of the opium
received at the factory and the deductions from or additions (if any) to the
standard price to be made in accordance with the result of such examination;
and the authorities by which the decisions with regard to the weighment,
examination, classification, deductions or additions shall be made and the
authorities before which appeals against such decisions shall lie;
(g) require that opium delivered by a
cultivator, if found as a result of examination in the Central Government
factory to be adulterated, may be confiscated by the officers authorized in
this behalf;
(h) prescribe the forms and conditions of licences
for the manufacture of manufactured drugs, the authorities by which such
licences may be granted and the fees may be charged therefor;
(i) prescribe the forms and conditions of
licences or permits for the manufacture, possession, transport, import inter-State,
export inter-State, sale, purchase, consumption or use of psychotropic
substances, the authorities by which such licences or permits may be granted
and the fees that may be charged therefor;
(j) prescribe the ports and other places at
which any kind of narcotic drugs or psychotropic substances may be imported
into India or exported from India or transshipped ; the forms and conditions
of certificates, authorizations or permits, as the case may be, for such
import, export or transhipment; the authorities by which such certificates,
authorizations or permits may be granted and the fees that may be charged
therefor.
[9A. Power to control and regulate
controlled substances.-(1) If the Central Government is
of the opinion that, having regard to the use of any controlled substance in
the production or manufacture of any narcotic drug or psychotropic substance,
it is necessary or expedient so to do in the public interest, it may, by
order, provide for regulating or prohibiting the production, manufacture,
supply and distribution thereof and trade and commerce therein.
(2) Without prejudice to the generality of
the power conferred by sub-section (I), an order made thereunder may provide
for regulating by licences, permits or otherwise, the production, manufacture,
possession, transport, import inter-State, export inter-State, sale,
purchase, consumption, use, storage, distribution, disposal or acquisition of
any controlled substance.]
10. Power
of State Government to permit, control and regulate.-(l) Subject to the
provisions of section 8, the State Government may, by rules
(a) permit and regulate-
(i) the possession, transport, import
inter-State, export inter-State, warehousing, sale, purchase, consumption and
use of poppy straw;
(ii) the possession, transport, import
inter-State, export inter-State, sale, purchase, consumption and use of
opium;
(iii) the cultivation of any cannabis
plant, production, manufacture, possession, transport, import inter-State,
export inter-State, sale, purchase consumption or use of cannabis (excluding charas);
(iv) the manufacture of medicinal opium or
any preparation containing any manufactured drug from materials which the
maker is lawfully entitled to possess;
(v) the possession, transport, purchase,
sale, import inter-State, export inter-State, use or consumption of
manufactured drugs other than prepared opium and of coca leaf and any
preparation containing any manufactured drug;
(vi) the manufacture and possession of
prepared opium from opium lawfully possessed by an addict registered with the
State Government on medical advice for his personal consumption:
Provided that save in so far as may be
expressly provided in the rules made under sub-clauses
(iv) and (v), nothing in section 8 shall
apply to the import inter-State, export inter-State, transport, possession,
purchase, sale, use or consumption of manufactured drugs which are the
property and in the possession of the Government:
Provided further that such drugs as are
referred to in the preceding proviso shall not be sold or otherwise delivered
to any person who, under the rules made by the State Government under the
aforesaid sub-clauses, is not entitled to their possession;
(b) prescribe any other matter requisite to
render effective the control of the State Government over any of the matters
specified in clause (a).
(2) In particular and without prejudice to
the generality of the foregoing power, such rules may- (a) empower the State
Government to declare any place to be warehouse wherein it shall be the duty of
the owners to deposit all such poppy straw as is legally imported inter-State
and is intended for export inter-State or export from India; to regulate the
safe custody of such poppy straw warehoused and the removal of such poppy
straw for sale or export inter-State or export from India; to levy fees for
such warehousing and to prescribe the manner in which and the period after which
the poppy straw warehoused shall be disposed of in default of payment of
fees;
(b) provide that the limits within which
licences may be given for the cultivation of any cannabis plant shall be
fixed from time to time by or under the ordersof the State Government;
(c) provide that only the cultivators
licensed by the prescribed authority of the State Government shall be
authorized to engage in cultivation of any cannabis plant;
(d) require that all cannabis, the produce
of land cultivated with cannabis plant, shall be delivered by the cultivators
to the officers of the State Government authorized in this behalf;
(e) empower the State Government to fix
from time to time, the price to be paid to the cultivators for the cannabis
delivered;
(f) prescribe the forms and conditions of
licences or permits for the purposes specified in sub-clauses (i) to (vi) of
clause (a) of subsection (1) and the authorities by which such licences or
permits may be granted and the fees that may be charged therefor.
11. Narcotic drugs and psychotropic substances, etc., not liable
to distress or attachment.-
Notwithstanding anything to the contrary
contained in any law or contract, nonarcotic drug, psychotropic substance,
coca plant, the opium poppy or cannabis plant shall be liable to be distrained
or attached by any person for the recovery of any money under any order or
decree of any court or authority or otherwise.
12. Restrictions over external dealings in narcotic drugs and
psychotropic substances.-No person shall
engage in or control any trade whereby a narcotic drug or psychotropic
substance is obtained outside India and supplied to any person outside India save
with the previous authorisation of the Central Government and subject to such
conditions as may be imposed by that Government in this behalf.
13. Special provisions relating to coca plant and coca leaves
for use in the preparationof flavouring agent.-Notwithstanding anything contained in section 8, the Central Government
may permit, with or without
conditions, and on behalf of Government, the cultivation of any coca plant or gathering of any portion thereof
or the production, possession, sale, purchase, transport, import inter-State, export inter-State or
import into India of coca leaves for use in the preparation of any flavouring agent which shall not contain
any alkaloid and to the extent necessary for such use.
14. Special provision relating to cannabis.-Notwithstanding anything contained insection 8, Government
may, by general or special order and subject to such conditions as may be
specified in such order, allow cultivation of any cannabis plant for
industrial purposes only of obtaining fibre or seed or for horticultural
purposes.
CHAPTER IV
OFFENCES AND PENALTIES
15. Punishment for contravention in
relation to poppy straw. -Whoever, in contravention of any provisions of this
Act or any rule or order made or condition of a licence granted thereunder, produces,
possesses, transports, imports inter-State, exports inter-State, sells,
purchases, uses or omits to warehouse poppy straw or removes or does any act
in respect of warehoused poppy straw shall be punishable,
(a) where the contravention involves small
quantity, with rigorous imprisonment for a term which may extend to six
months, or with fine which may extend to ten thousand rupees or with both;
(b) where the contravention involves
quantity lesser than commercial quantity but greater than small quantity,
with rigorous imprisonment for a term which may extend to ten years and with
fine which may extend to one lakh rupees;
(c) where the contravention involves
commercial quantity, with rigorous imprisonment for a term which shall not be
less than ten years but which may extend to twenty years and shall also be liable
to fine which shall not be less than one lakh rupees but which may extend to
two lakh rupees.
Provided that the court may, for reasons to
be recorded in the judgment, impose a fine exceeding two lakh rupees.
16. Punishment for contravention in relation to coca plant and
coca leaves.-Whoever, in contravention of any
provision of this Act or any rule or order made or condition of licence granted
thereunder, cultivates any coca plant or gathers any portion of a coca plant
or produces, possesses, sells, purchases, transports, imports inter-State,
exports inter-State or uses coca leaves shall be punishable with rigorous
imprisonment for a term which may extend to ten years or with fine which may
extend to one lakh rupees.
17. Punishment for contravention in relation to prepared opium Whoever, in contravention of any provision of this Act or any
rule or order made or condition of licence granted thereunder, manufactures,
possesses, sells, purchases, transports, imports inter-State, exports
inter-State or uses prepared opium shall be punishable,
(a) where the contravention involves small
quantity, with rigorous imprisonment for a term which may extend to six
months, or with fine which may extend to ten thousand rupees or with both; or
(b) where the contravention involves
quantity lesser than commercial quantity but greater than small quantity,
with rigorous imprisonment for a term which may extend to ten years and with
fine which may extend to one lakh rupees; or
(c) where the contravention involves
commercial quantity, with rigorous imprisonment for a term which shall not be
less than ten years but which may extend to twenty years and shall also be
liable to fine which shall not be less than one lakh rupees but which may
extend to two lakh rupees:
Provided that the court may, for reasons to
be recorded in the judgment, impose a fine exceeding two lakh rupees.
18. Punishment for contravention in relation to opium poppy and
opium. -Whoever, in contravention of any
provision of this Act or any rule or order made or condition of licence granted
thereunder, cultivates the opium poppy or produces, manufactures, possesses,
sells, purchases, transports, imports inter-State, exports inter-State or
uses opium shall be punishable,
(a) where the contravention involves small
quantity, with rigorous imprisonment for a term which may extend to six
months, or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves commercial
quantity, with rigorous imprisonment for a term which shall not be less than
ten years but which may extend to twenty years and shall also be liable to
fine which shall not be less than one lakh rupees which may extend to two
lakh rupees:
Provided that the court may, for reasons to
be recorded in the judgment, impose a fine exceeding two lakh rupees;
(c) in any other case, with rigorous
imprisonment which may extend to ten years and with fine which may extend to
one lakh rupees.]
19. Punishment for embezzlement of opium by cultivator. -Any cultivator licensed to cultivate the opium poppy on
account of the Central Government who embezzles or otherwise illegally
disposes of the opium produced or any part thereof, shall be punishable with
rigorous imprisonment for a term which shall not be less than ten years but
which may extend to twenty years and shall also be liable to fine which shall
not be less than one lakh but which may extend to two lakh rupees:
Provided that the court may, for reasons to
be recorded in the judgment, impose a fine exceeding two lakh rupees.
20. Punishment for contravention in relation to cannabis plant
and cannabis.-Whoever, in contravention of any
provisions of this Act or any rule or order made or condition of licence granted
thereunder,
(a) cultivates any cannabis plant; or
(b) produces, manufactures, possesses,
sells, purchases, transports, imports inter- State, exports inter- State or
uses cannabis, shall be punishable
[(i) where such contravention relates to
clause (a) with rigorous imprisonment for a term which may extend to ten
years and shall also be liable to fine which may extend to one lakh rupees;
and
(ii) where such contravention relates to
sub-clause (b),
(A) and involves small quantity, with
rigorous imprisonment for a term which may extend to six months, or with
fine, which may extend to ten thousand rupees, or with both;
(B) and involves quantity lesser than
commercial quantity but greater than small quantity, with rigorous imprisonment
for a term which may extend to ten years and with fine which may extend to
one lakh rupees;
(C) and involves commercial quantity, with
rigorous imprisonment for a term which shall not be less than ten years but
which may extend to twenty years and shall also be liable to fine which shall
not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to
be recorded in the judgment, impose a fine exceeding two lakh rupees.]
[21.
Punishment for contravention in relation to manufactured drugs and preparations.-Whoever,
in contravention of any provision of this Act or any rule or order made or
condition of licence granted thereunder, manufactures, possesses, sells, purchases,
transports, imports inter-State, exports inter-State or uses any manufactured
drug or any preparation containing any manufactured drug shall be punishable,
(a) where the contravention involves small
quantity, with rigorous imprisonment for a term which may extend to six
months, or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves
quantity, lesser than commercial quantity but greater than small quantity,
with rigorous imprisonment for a term which may extend to two years and with
fine which may extend to one lakh rupees;
(c) where the contravention involves
commercial quantity, with rigorous imprisonment for a term which shall not be
less than ten years but which may extend to twenty years and shall also be liable
to fine which shall not be less than one lakh rupees but which may extend to
two lakh rupees:
Provided that the court may, for reasons to
be recorded in the judgment, impose a fine exceeding two lakh rupees.
22. Punishment for contravention in relation to psychotropic
substances. Whoever, in contravention of any
provision of this Act or any rule or order made or condition of licence granted
thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State,
exports inter-State or uses any psychotropic substance shall be punishable,
(a) where the contravention involves small
quantity, with rigorous imprisonment for a term which may extend to six
months, or with fine which may extend to ten thousand rupees or with both;
(b) where the contravention involves
quantity lesser than commercial quantity but greater than small quantity,
with rigorous imprisonment for a term which may extend to ten years and with
fine which may extend to one lakh rupees;
(c) where the contravention involves
commercial quantity, with rigorous imprisonment for a term which shall not be
less than ten years but which may extend to twenty years and shall also be liable
to fine which shall not be less than one lakh rupees but which may extend to
two lakh rupees:
Provided that the court may, for reasons to
be recorded in the judgment, impose a fine exceeding two lakh rupees.
23. Punishment for illegal import in to
(b) where the contravention involves
quantity lesser than commercial quantity but greater than small quantity,
with rigorous imprisonment- for a term which may extend to ten years, and
with fine; which may extend to one lakh rupees;
(c) where the contravention involves
commercial quantity, with rigorous imprisonment for a term which shall not be
less than ten years but which may extend to twenty years and shall also be liable
to fine which shall not be less than one lakh rupees but which may extend to
two lakh rupees:
Provided that the court may, for reasons to
be recorded in the judgment,
impose a fine exceeding two lakh rupees.]
24. Punishment
for external dealings in narcotic drugs and psychotropic substances in contravention
of section 12.-Whoever engages in or controls any trade whereby a
narcotic drug or a psychotropic substance is obtained outside India and
supplied to any person outside India without the previous authorization of
the Central Government or otherwise than in accordance with the conditions
(if any) of such authorization granted under section 12, shall be punishable with
rigorous imprisonment for a term which shall not be less than ten years but
which may extend to twenty years and shall also be liable to fine which shall
not be less than one lakh rupees but may extend to two lakh rupees:
Provided that the court may, for reasons to
be recorded in the judgment, impose a fine exceeding two lakh rupees.
[25.
Punishment for allowing premises, etc., to be used for commission of an
offence.- Whoever, being the owner or occupier or having the control or
use of any house, room, enclosure, space, place, animal or conveyance,
knowingly permits it to be used for the commission by any other person of an
offence punishable under any provision of this Act, shall be punishable with the
punishment provided for that offence.]
[25A.
Punishment for contravention of orders made under section 9A. –If any
person contravenes an order made under section 9A, he shall be punishable with
rigorous imprisonment for a term which may extend to ten years and shall also
be liable to fine which may extend to one lakh rupees: Provided that the
court may, for reasons to be recorded in the judgment, impose a fine
exceeding one lakh rupees.]
26. Punishment
for certain acts by licensee or his servants.-If the holder of any licence, permit or authorisation granted
under this Act or any rule or order made thereunder or any person in his
employ and acting on his behalf
(a) omits, without any reasonable cause, to
maintain accounts or to submit any return in accordance with the provisions
of this Act, or any rule made thereunder;
(b) fails to produce without any reasonable
cause such licence, permit or
authorisation on demand of any officer
authorised by the Central Government or State Government in this behalf;
(c) keeps any accounts or makes any
statement which is false or which he knows or has reasons to believe to be
incorrect; or
(d) wilfully and knowingly does any act in
breach of any of the conditions of licence, permit or authorisation for which
a penalty is not prescribed elsewhere in this Act, he shall be punishable
with imprisonment for a term which may extend to three years or with fine or
with both.
[27.
Punishment for consumption of any narcotic
drug or psychotropicsubstance.-
Whoever, consumes any narcotic drug or
psychotropic substance shall be punishable,- (a) where the narcotic drug or
psychotropic substance consumed is cocaine, morphine, diacetylmorphine or any
other narcotic drug or any psychotropic substance as may be specified in this
behalf by the Central Government by notification in the Official Gazette,
with rigorous imprisonment for a term which may extend to one year, or with
fine which may extend to twenty thousand rupees; or with both; and
(b) where the narcotic drug or psychotropic
substance consumed is other than those specified in or under cluase (a), with
imprisonment for a term which may extend to six months, or with fine which
may extend to ten thousand rupees or with both.]
[27 A. Punishment for financing illicit traffic and harbouring offenders.-Whoever indulges in financing, directly or indirectly, any of
the activities specified insub-clauses (i) to (v) of clause (viiia) of
section 2 or harbours any person engaged in any of the aforementioned activities,
shall be punishable with rigorous imprisonment for a term which shall not be
less than ten years but which may extend to twenty years and shall also be
liable to fine which shall not be less than one lakh rupees but which may
extend to two lakh rupees: Provided that the court may, for reasons to be
recorded in the judgment, impose a fine exceeding two lakh rupees].
28. Punishment
for attempts to commit offences.-Whoever
attempts to commit any offence punishable under this Chapter or to cause such
offence to be committed and in such attempt does any act towards the
commission of the offence shall be punishable with the punishment provided for
the offence.
29. Punishment for abetment and criminal
conspiracy.-(l) Whoever abets, or is a party to a
criminal conspiracy to commit an offence punishable under this Chapter,
shall, whether such offence be or be not committed in consequence of such
abetment or in pursuance of such criminal conspiracy, and notwithstanding
anything contained in section 116 of the Indian Penal Code (45 of 1860), be
punishable with the punishment provided for the offence.
(2) A person abets, or is a party to a
criminal conspiracy to commit, an offence, within the meaning of this
section, who, in India abets or is a party to the criminal conspiracy to the commission
of any act in a place without and beyond India which
(a) would constitute an offence if
committed within
(b) under the laws of such place, is an
offence relating to narcotic drugs or psychotropic substances having all the
legal conditions required to constitute it such an offence the same as or
analogous to the legal conditions required to constitute it an offence
punishable under this Chapter, if committed within
30. Preparation.-If any
person makes preparation to do or omits to do anything which constitutes an
offence punishable under any of the provisions of[sections 19, 24 and 27 A and
for offences involving commercial quantity of any narcotic drug or
psychotropic substance and from the circumstances of the case] it may be reasonably
inferred that he was determined to carry out his intention to commit the
offence but had been prevented by circumstances independent of his will, he
shall be punishable with rigorous imprisonment for a term which shall not be
less than one-half of the minimum term (if any), but which may extend to
one-half of the maximum term, of imprisonment with which he would have been
punishable in the event of his having committed such offence, and also with
fine which shall not be less than one-half of the minimum amount (if any), of
fine with which he would have been punishable, but which may extend to
one-half of the maximum amount of fine with which he would have ordinarily
(that is to say in the absence of special reasons) been punishable, in the
event aforesaid: Provided that the court may, for reasons to be recorded in
the judgment, impose a higher fine.
[31. Enhanced punishment for offences after previous conviction.-(l) If any person who has been convicted of the commission of,
or attempt to commit, or abetment of, or criminal conspiracy to commit, any
of the offences punishable under this Act is subsequently convicted of the
commission of, or attempt to commit, or abetment of, or criminal conspiracy
to commit, an offence punishable under this Act with the same amount of
punishment shall be punished for the second and every subsequent offence with
rigorous imprisonment for a term which may extend to one-half of the maximum
term of imprisonment and also be liable to fine which shall extend to one-half
of the maximum amount of fine.
(2) Where the person referred to in
sub-section (1) is liable to be punished with a minimum term of imprisonment
and to a minimum amount of fine, the minimum punishment for such person shall
be one-half of the minimum term of imprisonment and one-half of the minimum
amount of fine:
Provided that the court may, for reasons to
be recorded in the judgment, impose a fine exceeding the fine for which a
person is liable.
(3) Where any person is convicted by a
competent court of criminal jurisdiction outside India under any
corresponding law, such person, in respect of such conviction, shall be dealt
with for the purposes of sub-sections (1) and (2) as if he had been convicted
by a court in India.]
[31A. Death penalty for certain offences
after previous conviction.-(l) Notwithstanding anything contained in section
31, if any person who has been convicted of the commission of, or attempt to
commit, or abetment of, or criminal conspiracy to commit, any of the offences
punishable under[section 19,
(2) where any person is convicted by a
competent court of criminal jurisdiction outside India under any law
corresponding to the provisions of [section 19, section 24 or section 27 A
and for offences involving commercial quantity of any narcotic drug or
psychotropic substance], such person, in respect of such conviction, shall be
dealt with for the purposes of sub-section (1) as if he had been convicted by
a court in India.]
32. Punishment for offence for which no
punishment is provided.-Whoever
contravenes any provision of this Act or any rule or order made, or any
condition of any licence, permit or authorisation issued thereunder for which
no punishment is separately provided in this Chapter, shall be punishable
with imprisonment for a term which may extend to six months, or with fine, or
with both.
[32A. No suspension, remission or
commutation in any sentence awarded under this Act.-Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974) or any other law for the time being in force but subject to the
provisions of section 33, no sentence awarded under this Act (other than section 27) shall be
suspended or remitted or commuted.]
[328. Factors to be taken into account for
imposing higher than the minimum punishment.- Where a minimum term of
imprisonment or amount of fine is prescribed for any offence committed under
this Act, the court may, in addition to such factors as it may deem fit, take
into account the following factors for imposing a punishment higher than the
minimum term of imprisonment or amount of fine, namely:
(a) the use or threat of use of violence or
arms by the offender;
(b) the fact that the offender holds a
public office and that he has taken advantage of that office in committing
the offence;
(c) the fact that the minors are affected
by the offence or the minors are used for the commission of an offence;
(d) the fact that the offence is committed
in an educational institution or social service facility or in the immediate
vicinity of such institution or faculty or in other place to which school
children and students resort for educational, sports and social activities.;
(e) the fact that the offender belongs to
organised international or any other criminal group which is involved in the
commission of the offences; and
(f) the fact that the offender is involved
in other illegal activities facilitated by commission of the offence.]
33. Application of section 360 of the Code
of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958.-Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) or in the
Probation of Offenders Act, 1958 (20 of 1958) shall apply to a person convicted of an offence under
this Act unless such person is under eighteen years of age or that the offence for which such
person is convicted is punishable under section 26 or section 27.
34. Security for abstaining from commission of offence.-(1) Whenever any person is convicted of an offence punishable
under any provision of Chapter IV and the court convicting him is of opinion
that it is necessary to require such person to execute a bond for abstaining
from the commission of any offence under this Act, the court may, at the time
of passing sentence on such person, order him to execute a bond for a sum
proportionate to his means, with or without sureties, for abstaining from commission
of any offence under Chapter IV during such period not exceeding three years
as it thinks fit to fix.
(2) The bond shall be in such form as may
be prescribed by the Central Government and the provisions of the Code of
Criminal Procedure, 1973 (2 of 1974), shall, in so far as they are applicable,
apply to all matters connected with such bond as if it were a bond to keep
the peace ordered to be executed under section 106 of that Code.
(3) If the conviction is set-aside on
appeal or otherwise, the bond so executed shall become void.
(4) An order under this section may also be
made by an appellate court or by the High Court or Sessions Judge when
exercising the powers of revision.
35. Presumption of culpable mental
state.-(1) In any prosecution for an offence under this Act which requires a
culpable mental state of the accused, the Court shall presume the existence
of such mental state but it shall be a defence for the accused to prove the
fact that he had no such mental state with respect to the act charged as an
offence in that prosecution.
Explanation.-In this section "culpable
mental state" includes intention, motive knowledge of a fact and belief
in, or reason to believe, a fact.
(2) For the purpose of this section, a fact
is said to be proved only when the court believes it to exist beyond a
reasonable doubt and not merely when its existence is established by a preponderance
of probability.
[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 specified in the notification.
Explanation.-1n this sub-section,
"High Court" means the High Court of the State in which the
Sessions Judge or the Additional Sessions Judge of a
[36A.
Offences triable by Special Courts.-(l)
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2
of 1974),
(a) all offences under this Act which are
punishable with imprisonment for a term of more than three years shall be
triable only by the Special Court constituted for the area in which the
offence 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;
(b) where a person accused of or suspected
of the commission of an offence under this Act is forwarded to a Magistrate
under subsection (2) or sub-section (2A) of section 167 of the Code of Criminal
Procedure, 1973 (2 of 1974), such Magistrate may authorise the detention of
such person in such custody as he thinks fit for a period not exceeding
fifteen days in the whole where such Magistrate is a Judicial Magistrate and
seven days in the whole where such Magistrate is an Executive Magistrate:
Provided that in cases which are triable by
the
Magistrate considers
(i) when such person is forwarded to him as
aforesaid; or
(ii) upon or at any time before the expiry
of the period of detention authorised by him, that the detention of such
person is unnecessary, he shall order such person to be forwarded to the
Special Court having jurisdiction;
(c) the Special Court may exercise, in
relation to the person forwarded to it under clause (b), the same power which
a Magistrate having jurisdiction to try a case may exercise under section 167
of the Code of Criminal Procedure, 1973 (2 of 1974), in relation to an
accused person in such case who has been forwarded to him under that section;
(d) a
(2) When trying an offence under this Act,
a Special Court may also try an offence other than an offence under this Act
with which the accused may, under the Code of Criminal Procedure, 1973 (2 of
1974), be charged at the same trial.
(3) Nothing contained in this section shall
be deemed to affect the special powers of the High Court regarding bail under
section 439 of the Code of Criminal Procedure, 1973 (2 of 1974), and the High
Court may exercise such powers including the power under cluase (b) of
sub-section (1) of that section as if the reference to "Magistrate"
in that section included also a reference to a "Special Court"
constituted under section 36.
(4) In respect of persons accused of an
offence punishable under section 19 or section 24 or section 27 A or for
offences involving commercial quantity the references in sub-section (2) of section
167 of the Code of Criminal Procedure, 1973 (2 of 1974), thereof to
"ninety days", where they occur, shall be construed as reference to
"one hundred and eighty days":
Provided that, if it is not possible to
complete the investigation within the said period of one hundred and eighty
days, the Special Court may extend the said period up to one year on the report
of the Public Prosecutor indicating the progress of the investigation and the
specific reasons for the detention of the accused beyond the said period of
one hundred and eighty days.
(5) Notwithstanding anything contained in
the Code of Criminal Procedure, 1973 (2 of 1974), the offences punishable under
this Act with imprisonment for a term of not more than three years may be
tried summarily.]
[36B. Appeal and revision.-The High Court may exercise, so far as may be applicable, all the
powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure,
1973 (2 of 1974), on a High Court, as if a Special Court within the local
limits of the jurisdiction of the High Court were a Court of Session trying
cases within the local limits of the jurisdiction of the High Court.
[36C. Application of Code to proceedings
before a Special Court.-Save as otherwise provided
in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of
1974) (including the provisions as to bail and bonds) shall apply to the
proceedings before a Special Court and for the purposes of the said
provisions, the Special Court shall be deemed to be a Court of Session and
the person conducting a prosecution before a Special Court, shall be deemed
to be a Public Prosecutor.]
[36D. Transitional provisions.-(l) Any offence committed under this Act on or after the commencement
of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of
1989), which is triable by a Special Court shall, until a Special Court is
constituted under section 36, notwithstanding anything contained in the Code
of Criminal Procedure, 1973 (2 of 1974), be tried by a Court of Session.
(2) Where any proceedings in relation to
any offence committed under this Act on or after the commencement of the
Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989),
are pending before a Court of Session, then, notwithstanding anything
contained in subsection
(I), such proceeding shall be heard and
disposed of by the Court of Session:
Provided that nothing contained in this
sub-section shall affect the power of the High Court under section 407 of the
Code of Criminal Procedure, 1973 (2 of 1974) to transfer any case or class of
cases taken cognizance by a Court of Session under sub-section (1).]
[37. Offences to be cognizable and non-bailable.-(1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974)
(a) every offence punishable under this Act
shall be cognizable;
(b) no person accused of an offence
punishable for [ offences under section 19 or section 24 or section 27 A and
also for offences involving commercial quantity] shall be released on bail or
on his own bond unless
(i) the Public Prosecutor has been given an
opportunity to oppose the application for such release, and
(ii) where the Public Prosecutor opposes
the application, the court is satisfied that there are reasonable grounds for
believing that he is not guilty of such offence and that he is not likely to
commit any offence while on bail.
(2) The limitations on granting of bail
specified in clause (b) of sub-section (1) are in addition to the limitations
under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for
the time being in force, on granting of bail.]
38. Offences by companies.-(1)
Where an offence under Chapter IV has been committed by a company, every
person, who, at the time the offence was committed was in charge of, and was responsible
to, the company for the conduct of the business of the company as well as the
company, shall be deemed to be guilty of the offence and shall be liable to
be proceeded against and punished accordingly:
Provided that nothing contained in this
sub-section shall render any such person liable to any punishment if he
proves that the offence was committed without his knowledge or that he had exercised
all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in
sub-section (1), where any offence under Chapter IV has been committed by a
company and it is proved that the offence has been committed with the consent
or connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary, or other officer of the company, such director,
manager, secretary of other officer shall be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished accordingly.
Explanation-For the purposes of this
section,-
(a) "company" means any body
corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a
firm, means a partner in the firm.
39. Power of court to release certain
offenders on probation.-(1) When any
addict is found guilty of an offence punishable under section 27 [or for
offences relating to small quantity of any narcotic drug or psychotropic
substance] and if the court by which he is found guilty is of the opinion,
regard being had to the age, character, antecedents or physical or mental
condition of the offender, that it is expedient so to do, then,
notwithstanding anything contained in this Act or any other law for the time
being in force, the court may, instead of sentencing him at once to any imprisonment,
with his consent, direct that he be released for undergoing medical treatment
for de-toxification or de-addiction from a hospital or an institution maintained
or recognised by Government and on his entering into a bond in the form
prescribed by the Central Government, with or without sureties, to appear and
furnish before the court within a period not exceeding one year, a report
regarding the result of his medical treatment and, in the meantime, to
abstain from the commission of any offence under Chapter IV.
(2) If it appears to the court, having
regard to the report regarding the result of the medical treatment furnished
under sub-section (1), that it is expedient so to do, the court may direct
the release of the offender after due admonition on his entering into a bond
in the form prescribed by the Central Government, with or without sureties,
for abstaining from the commission of any offence under Chapter IV during
such period not exceeding three years as the court may deem fit to specify or
on his failure so to abstain, to appear before the court and receive sentence
when called upon during such period.
40. Power of court to publish names, place of business, etc., of
certain offenders.-(1) Where any person is convicted of any
of the offences punishable under section 15 to section 25 (both inclusive),
section 28, section 29 or section 30, it shall be competent for the court
convicting the person to cause the name and place of business or residence of
such person, nature of the contravention, the fact that the person has been
so convicted and such other particulars as the court may consider to be
appropriate in the circumstances of the case, to be published at the expense
of such person in such newspapers or in such manner as the court may direct.
(2) No publication under sub-section (1)
shall be made until the period for preferring an appeal against the orders of
the court has expired without any appeal having been preferred, or such
appeal, having been preferred, has been disposed of.
(3) The expenses of any publication under
sub-section (1) shall be recoverable from the convicted person as if it were
a fine imposed by the court.
CHAPTER V
PROCEDURE
[41. Power to issue warrant and
authorisation.-(l) A Metropolitan Magistrate or a Magistrate
of the first class or any Magistrate of the second class specially empowered
by the State Government in this behalf, may issue a warrant for the arrest of
any person whom he has reason to believe to have committed any offence
punishable under this Act, or for the search, whether by day or by night, of
any building, conveyance or place in which he has reason to believe any
narcotic drug or psychotropic substance or controlled substance in respect of
which an offence punishable under this Act has been committed or any document
or other article which may furnish evidence of the commission of such offence
or any illegally acquired property or any document or other article which may
furnish evidence of holding any illegally acquired property which is liable
for seizure or freezing or forfeiture under Chapter V A of this Act is kept
or concealed:
(2) Any such officer of gazetted rank of
the departments of central excise, narcotics, customs, revenue intelligence
or any other department of the Central Government including the paramilitary forces
or the armed forces as is empowered in this behalf by general or special
order by the Central Government, or any such officer of the revenue, drugs
control, excise, police or any other department of a State Government as is
empowered in this behalf by general or special order of the State Government
if he has reason to believe from personal knowledge or information given by
any person and taken in writing that any person has committed an offence punishable
under this Act or that any narcotic drug or psychotropic substance or
controlled substance in respect of which any offence under this Act has been
committed or any document or other article which may furnish evidence of the
commission of such offence or any illegally acquired property or any document
or other article which may furnish evidence of holding any illegally acquired
property which is liable for seizure or freezing or forfeiture under Chapter
V A of this Act is kept or concealed in any building, conveyance or place,
may authorise any officer subordinate to him but superior in rank to a peon,
sepoy or a constable to arrest such a person or search a building, conveyance
or place whether by day or by night or himself arrest such a person or search
a building, conveyance or place.
(3) The officer to whom a warrant under
sub-section (1) is addressed and the officer who authorised the arrest or
search or the officer who is so authorised under sub-section (2) shall have all
the powers of an officer acting under section 42.
42. Power of entry, search, seizure and
arrest without warrant or authorisation.-
(l) Any such officer (being an officer
superior in rank to a peon, sepoy or constable) of the departments of central
excise, narcotics, customs, revenue intelligence or any other department of the
Central Government including para-military forces or armed forces as is
empowered in this behalf by general or special order by the Central Government,
or any such officer (being an officer superior in rank to a peon, sepoy or
constable) of the revenue, drugs control, excise, police or any other
department of a State Government as is empowered in this behalf by general or
special order of the State Government, if he has reason to believe from persons
knowledge or information given by any person and taken down in writing that
any narcotic drug, or psychotropic substance, or controlled substance in
respect of which an offence punishable under this Act has been committed or
any document or other article which may furnish evidence of the commission of
such offence or any illegally acquired property or any document or other
article which may furnish evidence of holding any illegally acquired property
which is liable for seizure or freezing or forfeiture under Chapter V A of
this Act is kept or concealed in any building, conveyance or enclosed place,
may between sunrise and sunset,
(a) enter into and search any such
building, conveyance or place;
(b) in case of resistance, break open any
door and remove any obstacle to such entry;
(c) seize such drug or substance and all
materials used in the manufacture there of and any other article and any
animal or conveyance which he has reason to believe to be liable to confiscation
under this Act and any document or other article which he has reason to
believe may furnish evidence of the commission of any offence punishable
under this Act or furnish evidence of holding any illegally acquired property
which is liable for seizure or freezing or forfeiture under Chapter V A of
this Act; and
(d) detain and search, and, if he thinks
proper, arrest any person whom he has reason to believe to have committed any
offence punishable under this Act:
Provided that if such officer has reason to
believe that a search warrant or authorisation cannot be obtained without
affording opportunity for the concealment of evidence or facility for the escape
of an offender, he may enter and search such building, conveyance or enclosed
place at any
time between sunset and sunrise after
recording the grounds of his belief.
(2) Where an officer takes down any
information in writing under subsection (1) or records grounds for his belief
under the proviso thereto, he shall within seventy-two hours send a copy thereof
to his immediate official superior.
43. Power of seizure and arrest in public
place.-Any officer of any of the departments mentioned
in section 42 may
(a) seize in any public place or in
transit, any narcotic drug or psychotropic substance or controlled substance
in respect of which he has reason to believe an offence punishable under this
Act has been committed, and, along with such drug or substance, any animal or
conveyance or article liable to confiscation under this Act, any document or
other article which he has reason to believe may furnish evidence of the
commission of an offence punishable under this Act or any document
or other article which may furnish evidence
of holding any illegally acquired property which is liable for seizure or
freezing or forfeiture under Chapter V A of this Act;
(b) detain and search any person whom he
has reason to believe to have committed an offence punishable under this Act,
and if such person has any narcotic drug or psychotropic substance or controlled
substance in his possession and such possession appears to him to be
unlawful, arrest him and any other person in his company.
Explanation.-For the purposes of this
section, the expression "public place" includes any public
conveyance, hotel, shop, or other place intended for use by, or accessible
to, the public.]
44. Power of entry, search, seizure and
arrest in offences relating to coca plant,
opium poppy and cannabis plant.-The provisions of sections 41, 42 and 43, shall so far as may
be, apply in
relation to the offences punishable under Chapter IV and relating to coca
plant, the opium
poppy or cannabis plant and for this purpose references in those sections to
narcotic drugs, or
psychotropic substance, [or controlled substance], shall be construed as including
references to coca plant, the opium poppy and cannabis plant.
45. Procedure where seizure of goods liable
to confiscation not practicable.-Where
it is not practicable to size any goods (including standing crop) which are
liable to confiscation under this Act, any officer duly authorised under
section 42 may serve on the owner or person in possession of the goods, an
order that he shall not remove, part with or otherwise deal with the goods
except with the previous permission of such officer.
46. Duty of land holder to give information
of illegal cultivation.-Every holder of
land shall give immediate information to any officer of the police or of any
of the departments mentioned in section 42 of all the opium poppy, cannabis
plant or coca plant which may be illegally cultivated within his land and
every such holder of land who knowingly neglects to give such information,
shall be liable to punishment.
47. Duty of certain officers to give
information of illegal cultivation.-Every
officer of the Government and every panch, sarpanch and other village officer
of whatever description shall give immediate information to any officer of
the Police or of any of the departments mentioned in section 42 when it may
come to his knowledge that any land has been illegally cultivated with the opium
poppy, cannabis plant or coca plant, and every such officer of the
Government, panch, sarpanch and other village officer who neglects to give
such information, shall be liable to punishment.
48. Power of attachment of crop illegally
cultivated.-Any Metropolitan Magistrate, Judicial Magistrate
of the first class or any Magistrate specially empowered in this behalf by
the State Government 2[or any officer of a gazetted rank empowered under
section 42] may order attachment of any opium poppy, cannabis plant or coca
plant which he has reason to believe to have been illegally cultivated and
while doing so may pass such order (including an order to destroy the crop)
as he thinks fit.
50A. Power to under take controlled delivery.- The Director General of Narcotics Control Bureau constituted
under sub-section (3) of section 4 or any other officer authorised by him in this
behalf, may, notwithstanding anything contained in this Act, undertake
controlled delivery of any consignment to
(a) any destination in
(b) a foreign country, in consultation with
the competent authority of such foreign country to which such consignment is
destined, in such manner as may be prescribed.]
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Sunday, 6 July 2014
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