Lawgist59Failure of officer in duty or his connivance at the contravention of the provisions of this Act
(1) Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine or with both.
1[(2) Any officer on whom any duty has been imposed by or under this Act or any person who has been given the custody of--
(a) any addict; or
(b) any other person who has been charged with an offence under this Act,
and who wilfully aids in, or connives at, the contravention of any provision of this Act or any rule or order made thereunder, 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.
Explanation.-- For the purposes of this sub-section, the expression "officer" includes any person employed in a hospital or institution maintained or recognised by the Government or a local authority under section 64A for providing de-addiction treatment.]
(3) No court shall take cognizance of any offence under sub-section (1) or sub-section (2) except on a complaint in writing made with the previous sanction of the Central Government, or as the case may be, the State Government.
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1. Subs. by Act 2 of 1989, s. 16, for sub-section (2) (w.e.f. 29-5-1989).
- 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
