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Bare Acts

The Narcotic Drugs and Psychotropic Substances Act, 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 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.

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Act Details

Act Number:

61

Act Year:

1985

Location:

Rajasthan

Enactment Date:

9/16/1985

Enforcement Date:

14-11-1985

Department:

Home Department

All Section List

PRELIMINARY

Section 1 to Section 3

Section 1

Short title, extent and commencement.

Section 2

Section 3

Power to add to or omit from the list of psychotropic substances.

AUTHORITIES AND OFFICERS

Section 4 to Section 7

Section 4

Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc.

Section 5

Officers of Central Government.

Section 6

The Narcotic Drugs and Psychotropie Substances Consultative Committee.

Section 7

Officers of State Government.

NATIONAL FUND FOR CONTROL OF DRUG ABUSE

Section 7A to Section 7B

Section 7A

National Fund for Control of Drug Abuse.

Section 7B

Annual report of activities financed under the Fund.

PROHIBITION, CONTROL AND REGULATION

Section 8 to Section 14

Section 8

Prohibition of certain operations.

Section 8A

Prohibition of certain activities relating to property derived from offence.

Section 9

Power of Central Government to permit, control and regulate.

Section 9A

Power to control and regulate controlled substances.

Section 10

Power 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 to Section 40

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 27

Punishment 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

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 34

Security 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 39

Power 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 to Section 68

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

Section 66

Presumption 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 to Section 68Z

Section 68A

Section 68B

Section 68C

Prohibition of holding illegally acquired property.

Section 68D

Competent authority.

Section 68E

Identifying illegally acquired property.

Section 68F

Seizure or freezing of illegally acquired property.

Section 68G

Management of properties seized or forfeited under this Chapter.

Section 68H

Notice of forfeiture of property.

Section 68I

Forfeiture of property in certain cases

Section 68J

Burden of proof

Section 68K

Fine in lieu of forfeiture

Section 68L

Procedure in relation to certain trust properties.

Section 68M

Certain transfers to be null and void

Section 68N

Constitution of Appellate Tribunal.

Section 68O

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 68T

Certain 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 to Section 83

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 72

Recovery 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 76

Power 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.