Narcotic Drugs and Psychotropic Substances Act, 1985
31A. Death penalty for certain offences after previous
conviction
(1) 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 15 to section 25 (both inclusive) or section 27A, is subsequently
convicted of the commission of, or attempt to commit, or abetment of, or
criminal conspiracy to commit, an offence relating to,-
(a) engaging in the production, manufacture,
possession, transportation, import into India, export from India or
transhipment, of the narcotic drugs or psychotropic substances specified under
column (1) of the Table below and involving the quantity which is equal to or
more than the quantity indicated against each such drug or substance, as
specified in column (2) of the said Table:
Table
|
Particulars of narcotic drugs/psychotropic
substances |
Quantity |
||
|
(1) |
(2) |
||
|
(i) |
Opium .......................... |
10 kgs. |
|
|
(ii) |
Morphine.......................... |
1 kg. |
|
|
(iii) |
Heroin .......................... |
1 kg. |
|
|
(iv) |
Codeine.......................... |
1 kg. |
|
|
(v) |
Thebaine.......................... |
1 kg. |
|
|
(vi) |
Cocaine.......................... |
500 grams |
|
|
(vii) |
Hashish.......................... |
20 kgs. |
|
|
(viii) |
Any mixture with or without any neutral
material of any of the above drugs........................... |
1,500 grams |
|
|
(ix) |
LSD, LSD-25(+)-N, N-Diethyllysergamide
(d-lysergic acid diethylamide) |
500 grams |
|
|
(x) |
THC (Tetrahydrocannabinols, the following
Isomers: 6a (10a), 6a(7), 7, 8, 9, 10.9 (11) and their stereochemical
variants) |
500 grams |
|
|
(xi) |
Methamphetamine
(+)-2-Mehtylamine-I-Phenylpropane |
1,500 grams |
|
|
(xii) |
Methaqualone
(2-Methyl-3-0-tolyl-4(3h-)-quinazolinone) |
1,500 grams |
|
|
(xiii) |
Amphetamine (+)-2-amino-I-phenylpropane |
1,500 grams |
|
|
(xiv) |
Salts and preparations of the psychotropic
substances mentioned in (ix) to (xiii) |
1,500 grams; |
|
|
|
|
|
|
(b) financing, directly or indirectly, any of
the activities specified in clause (a), shall be punishable with death.
(2) Where any person is convicted by a competent court of criminal jurisdiction outside India under any law corresponding to the provisions of section 15 to section 25 (both inclusive), section 27A, section 28 or section 29, 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.]
