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Narcotic Drugs and Psychotropic Substances Act, 1985

[Act No. 61 of 1985 dated 16th. September, 1985]

Contents

Sections

Particulars

Chapter I

Preliminary

1

Short title, extent and commencement

2

Definitions

3

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

Chapter II 

Authorities And Officers

4

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

5

Officers of Central Government.

6

The Narcotic Drugs and Psychotropic Substances Consultative Committee.

7

Officers of State Government.

Chapter IIA 

National Fund For Control Of Drug Abuse

7A

National Fund for Control of Drug Abuse

7B

Annual report of activities financed under the Fund.

Chapter III 

Prohibition, Control And Regulation

8

Prohibition of certain operations

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 flavoring agent

14

Special provision relating to cannabis.

Chapter IV 

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 into 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 illegal possession in small quantity for personal consumption of any narcotic drug or psychotropic substance or consumption of such drug or substance.

27A

Punishment for financing illicit traffic and harboring offenders

28

Punishment for attempts to commit offences.

29

Punishment for abetment and criminal conspiracy.

30

Preparation.

31

Enhanced punishment for certain 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.

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 Courts

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.

Chapter V 

Procedure

41

Power to issue warrant and authorization.

42

Power of entry, search, seizure and arrest without warrant or authorization.

43

Power of seizure and arrest in public places.

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.

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.

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

66

Presumption as to documents in certain cases.

67

Power to call for information, etc.

68

Information as to commission of offences.

Chapter VA 

Forfeiture Of Property Derived From, Or Used In, Illicit Traffic

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 cases

68J

Burden of proof

68K

Fine in lieu of forfeiture

68L

Procedure in relation to certain trust properties

68M

Certain transfers to be null and void

68N

Constitution of Appellate Tribunal

68-O

Appeals

68P

Notice or order not to be invalid for error in description

68Q

Bar of jurisdiction

68R

Competent Authority and Appellate Tribunal to have powers of civil court.

68S

Information to competent authority

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 Chapter

69

Protection of action taken in good faith.

70

Central Government and State Governments to have regard to international conventions while making rules.

71

Power of Government to establish centers for identification, treatment, etc., of addicts and for supply of narcotic drugs 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 delegate.

76

Power of Central Government to make rules.

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.

Schedule  

List of Psychotropic Substances

  Footnotes

 

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 substances1[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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