Narcotic Drugs and Psychotropic Substances Act, 1985

59. Failure 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.

¹⁷[(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 willfully 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 recognized 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.