The Narcotic Drugs and Psychotropic Substances Act, 1985

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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 For The Forfeiture Of Property Derived From, Or Used In, Illicit Traffic In Narcotic Drugs And Psychotropic Substances, To Implement The Provisions Of The International Conventions On Narcotic Drugs And Psychotropic Substances And For Matters Connected Therewith.

Act Number

61

Enactment

1985-09-16

Ministry

Ministry Of Finance

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PRELIMINARY

Section 1Short title, extent and commencement.Section 2Definitions.Section 3. Power to add to or omit from the list of psychotropic substances.

AUTHORITIES AND OFFICERS

Section 4. Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc.Section 5Officers of Central Government.Section 6The Narcotic Drugs and Psychotropie Substances Consultative Committee.Section 7. Officers of State Government.

NATIONAL FUND FOR CONTROL OF DRUG ABUSE

Section 7ANational Fund for Control of Drug Abuse.Section 7BAnnual report of activities financed under the Fund.

PROHIBITION, CONTROL AND REGULATION

Section 8Prohibition of certain operations.Section 8A. Prohibition of certain activities relating to property derived from offence.Section 9Power of Central Government to permit, control and regulate.Section 9APower to control and regulate controlled substances.Section 10Power of State Government to permit, control and regulate.Section 11. Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment.Section 12. Restrictions over external dealings in narcotic drugs and psychotropic substances.Section 13. Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent.Section 14. Special provision relating to cannabis.

OFFENCES AND PENALTIES

Section 15. Punishment for contravention in relation to poppy straw.Section 16. Punishment for contravention in relation to coca plant and coca leaves.Section 17. Punishment for contravention in relation to prepared opium.Section 18. Punishment for contravention in relation to opium poppy and opium.Section 19. Punishment for embezzlement of opium by cultivator.Section 20. Punishment for contravention in relation to cannabis plant and cannabis.Section 21. Punishment for contravention in relation to manufactured drugs and preparations.Section 22. Punishment for contravention in relation to psychotropic substances.Section 23. Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances.Section 24. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12.Section 25. Punishment for allowing premises, etc., to be used for commission of an offence.Section 25A. Punishment for contravention of orders made under section 9A.Section 26. Punishment for certain acts by licensee or his servants.Section 27Punishment for consumption of any narcotic drug or psychotropic substance.Section 27A. Punishment for financing illicit traffic and harbouring offenders.Section 27B. Punishment for contravention of section 8A.Section 28. Punishment for attempts to commit offences.Section 29. Punishment for abetment and criminal conspiracy.Section 30. Preparation.Section 31. Enhanced punishment for offences after previous conviction.Section 31A. Death penalty for certain offences after previous conviction.Section 32. Punishment for offence for which no punishment is provided.Section 32A. No suspension, remission or commutation in any sentence awarded under this Act.Section 32B. Factors to be taken into account for imposing higher than the minimum punishment.Section 33. Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958.Section 34Security for abstaining from commission of offence.Section 35. Presumption of culpable mental state.Section 36. Constitution of Special Court.Section 36A. Offences triable by Special Courts.Section 36B. Appeal and revision.Section 36C. Application of Code to proceedings before a Special Court.Section 36D. Transitional provisions.Section 37. Offences to be cognizable and non-bailable.Section 38. Offences by companies.Section 39Power of court to release certain offenders on probation.Section 40. Power of court to publish names, place of business, etc., of certain offenders.

PROCEDURE

Section 41. Power to issue warrant and authorisation.Section 42. Power of entry, search, seizure and arrest without warrant or authorisation.Section 43. Power of seizure and arrest in public place.Section 44. Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant.Section 45. Procedure where seizure of goods liable to confiscation not practicable.Section 46. Duty of land holder to give information of illegal cultivation.Section 47. Duty of certain officers to give information of illegal cultivation.Section 48. Power of attachment of crop illegally cultivated.Section 49. Power to stop and search conveyance.Section 50. Conditions under which search of persons shall be conducted.Section 50A. Power to undertake controlled delivery.Section 51. Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures.Section 52. Disposal of persons arrested and articles seized.Section 52A. Disposal of seized narcotic drugs and psychotropic substances.Section 53. Power to invest officers of certain departments with powers of an officer-in-charge of a police station.Section 53A. Relevancy of statements under certain circumstances.Section 54. Presumption from possession of illicit articles.Section 55. Police to take charge of articles seized and delivered.Section 56. Obligation of officers to assist each other.Section 57. Report of arrest and seizure.Section 57A. Report of seizure of property of the person arrested by the notified officer.Section 58. Punishment for vexatious entry, search, seizure or arrest.Section 59. Failure of officer in duty or his connivance at the contravention of the provisions of this Act.Section 60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.Section 61. Confiscation of goods used for concealing illicit drugs or substances.Section 62. Confiscation of sale proceeds of illicit drugs or substances.Section 63. Procedure in making confiscations.Section 64. Power to tender immunity from prosecution.Section 64A. Immunity from prosecution to addicts volunteering for treatment.Section 65. [Omitted].Section 66Presumption as to documents in certain cases.Section 67. Power to call for information, etc.Section 68. Information as to commission of offences.

FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY

Section 68A. Application.Section 68B. Definitions.Section 68C. Prohibition of holding illegally acquired property.Section 68DCompetent authority.Section 68E. Identifying illegally acquired property.Section 68FSeizure or freezing of illegally acquired property.Section 68GManagement of properties seized or forfeited under this Chapter.Section 68H. Notice of forfeiture of property.Section 68IForfeiture of property in certain cases Section 68J. Burden of proof Section 68KFine in lieu of forfeiture Section 68LProcedure in relation to certain trust properties.Section 68M. Certain transfers to be null and void Section 68NConstitution of Appellate Tribunal.Section 68OAppeals Section 68P. Notice or order not to be invalid for error in description.Section 68Q. Bar of jurisdiction Section 68R. Competent authority and Appellate Tribunal to have powers of civil court.Section 68S. Information to competent authority Section 68TCertain officers to assist Administrator, competent authority and Appellate Tribunal.Section 68U. Power to take possession.Section 68V. Rectification of mistakes.Section 68W. Findings under other laws not conclusive for proceedings under this Chapter.Section 68X. Service of notices and orders.Section 68Y. Punishment for acquiring property in relation to which proceedings have been taken, under this Chapter Section 68Z. Release of property in certain cases.

MISCELLANEOUS

Section 69. Protection of action taken in good faith Section 70. Central Government and State Government to have regard to international conventions while making rules.Section 71. Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances.Section 72Recovery of sums due to Government.Section 73. Bar of jurisdiction.Section 74. Transitional provisions.Section 74A. Power of Central Government to give directions.Section 75. Power to delegate Section 76Power of Central Government to make rules Section 77. Rules and notifications to be laid before Parliament.Section 78. Power of State Government to make rules.Section 79. Application of the Customs Act, 1962.Section 80. Application of the Drugs and Cosmetics Act, 1940 not barred.Section 81. Saving of State and special laws.Section 82. Repeal and savings.Section 83. Power to remove difficulties.