LawgistAll Acts
Narcotic Drugs and Psychotropic Substances Act
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 Id | 198561 |
| Act Number | 61 |
| Enactment Date | 1985-09-16 |
| Act Year | 1985 |
| Ministry | Ministry of Finance |
| Enforcement Date | 14-11-1985 |
- PRELIMINARY
- AUTHORITIES AND OFFICERS
- NATIONAL FUND FOR CONTROL OF DRUG ABUSE
- PROHIBITION, CONTROL AND REGULATION
- 8 Prohibition of certain operations
- 8A Prohibition of certain activities relating to property derived from offence
- 9 Power of Central Government to permit, control and regulate
- 9A Power to control and regulate controlled substances
- 10 Power of State Government to permit, control and regulate
- 11 Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment
- 12 Restrictions over external dealings in narcotic drugs and psychotropic substances
- 13 Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent
- 14 Special provision relating to cannabis
- OFFENCES AND PENALTIES
- 15 Punishment for contravention in relation to poppy straw
- 16 Punishment for contravention in relation to coca plant and coca leaves
- 17 Punishment for contravention in relation to prepared opium
- 18 Punishment for contravention in relation to opium poppy and opium
- 19 Punishment for embezzlement of opium by cultivator
- 20 Punishment for contravention in relation to cannabis plant and cannabis
- 21 Punishment for contravention in relation to manufactured drugs and preparations
- 22 Punishment for contravention in relation to psychotropic substances
- 23 Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances
- 24 Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12
- 25 Punishment for allowing premises, etc., to be used for commission of an offence
- 25A Punishment for contravention of orders made under section 9A
- 26 Punishment for certain acts by licensee or his servants
- 27 Punishment for consumption of any narcotic drug or psychotropic substance
- 27A Punishment for financing illicit traffic and harbouring offenders
- 27B Punishment for contravention of section 8A
- 28 Punishment for attempts to commit offences
- 29 Punishment for abetment and criminal conspiracy
- 30 Preparation
- 31 Enhanced punishment for offences after previous conviction
- 31A Death penalty for certain offences after previous conviction
- 32 Punishment for offence for which no punishment is provided
- 32A No suspension, remission or commutation in any sentence awarded under this Act
- 32B Factors to be taken into account for imposing higher than the minimum punishment
- 33 Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958
- 34 Security for abstaining from commission of offence
- 35 Presumption of culpable mental state
- 36 Constitution of Special Court
- 36A Offences triable by Special Courts
- 36B Appeal and revision
- 36C Application of Code to proceedings before a Special Court
- 36D Transitional provisions
- 37 Offences to be cognizable and non-bailable
- 38 Offences by companies
- 39 Power of court to release certain offenders on probation
- 40 Power of court to publish names, place of business, etc., of certain offenders
- PROCEDURE
- 41 Power to issue warrant and authorisation
- 42 Power of entry, search, seizure and arrest without warrant or authorisation
- 43 Power of seizure and arrest in public place
- 44 Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant
- 45 Procedure where seizure of goods liable to confiscation not practicable
- 46 Duty of land holder to give information of illegal cultivation
- 47 Duty of certain officers to give information of illegal cultivation
- 48 Power of attachment of crop illegally cultivated
- 49 Power to stop and search conveyance
- 50 Conditions under which search of persons shall be conducted
- 50A Power to undertake controlled delivery
- 51 Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures
- 52 Disposal of persons arrested and articles seized
- 52A Disposal of seized narcotic drugs and psychotropic substances
- 53 Power to invest officers of certain departments with powers of an officer-in-charge of a police station
- 53A Relevancy of statements under certain circumstances
- 54 Presumption from possession of illicit articles
- 55 Police to take charge of articles seized and delivered
- 56 Obligation of officers to assist each other
- 57 Report of arrest and seizure
- 57A Report of seizure of property of the person arrested by the notified officer
- 58 Punishment for vexatious entry, search, seizure or arrest
- 59 Failure of officer in duty or his connivance at the contravention of the provisions of this Act
- 60 Liability of illicit drugs, substances, plants, articles and conveyances to confiscation
- 61 Confiscation of goods used for concealing illicit drugs or substances
- 62 Confiscation of sale proceeds of illicit drugs or substances
- 63 Procedure in making confiscations
- 64 Power to tender immunity from prosecution
- 64A Immunity from prosecution to addicts volunteering for treatment
- 65 [Omitted]
- 66 Presumption as to documents in certain cases
- 67 Power to call for information, etc
- 68 Information as to commission of offences
- FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY
- 68A Application
- 68B Definitions
- 68C Prohibition of holding illegally acquired property
- 68D Competent authority
- 68E Identifying illegally acquired property
- 68F Seizure or freezing of illegally acquired property
- 68G Management of properties seized or forfeited under this Chapter
- 68H Notice of forfeiture of property
- 68-I Forfeiture of property in certain case
- 68J Burden of proo
- 68K Fine in lieu of forfeitur
- 68L Procedure in relation to certain trust properties
- 68M Certain transfers to be null and voi
- 68N Constitution of Appellate Tribunal
- 68-O Appeal
- 68P Notice or order not to be invalid for error in description
- 68Q Bar of jurisdictio
- 68R Competent authority and Appellate Tribunal to have powers of civil court
- 68S Information to competent authorit
- 68T Certain officers to assist Administrator, competent authority and Appellate Tribunal
- 68U Power to take possession
- 68V Rectification of mistakes
- 68W Findings under other laws not conclusive for proceedings under this Chapter
- 68X Service of notices and orders
- 68Y Punishment for acquiring property in relation to which proceedings have been taken, under this Chapte
- 68Z Release of property in certain cases
- MISCELLANEOUS
- 69 Protection of action taken in good fait
- 70 Central Government and State Government to have regard to international conventions while making rules
- 71 Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances
- 72 Recovery of sums due to Government
- 73 Bar of jurisdiction
- 74 Transitional provisions
- 74A Power of Central Government to give directions
- 75 Power to delegat
- 76 Power of Central Government to make rule
- 77 Rules and notifications to be laid before Parliament
- 78 Power of State Government to make rules
- 79 Application of the Customs Act, 1962
- 80 Application of the Drugs and Cosmetics Act, 1940 not barred
- 81 Saving of State and special laws
- 82 Repeal and savings
- 83 Power to remove difficulties
