The Narcotic Drugs and Psychotropic Substances Act, 1985 alongwith . The Narcotic Drugs and Psychotropic Substances Rules, 1985 as amended in 2003 . The Narcotic Drugs and Psychotropic Substances (Authentication of Documents) Rules, 1992 . The Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 1993 . The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 . The Narcotic Drugs and Psychotropic Substances (Execution of Bond by Convicts or Addicts) Rules, 1985 . The Narcotic Drugs and Psychotropic Substances Consultative Committee Rules, 1988 . The Illegally Acquired Property (Receipt, Management and Disposal) Rules, 1989 . The Appellate Tribunal for Forfeited Property (Procedure) Rules, 1989 .The Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Rules, 1989 . The Appellate Tribunal for Forfeited Property (Fees) Rules, 1989 . Notification Appointing Date of Enforcement of Act 9 of 2001 .Application of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 to the Pending Cases .Notification Specifying Small Quantity and Commercial Quantity with SHORT NOTES Universal Law Publishing Co. Pvt. Ltd. @ Publishers No part of this publication can be reproduced or transmitted in any form or by any means, without prior permission of the Publishers. Published by UNIVERSAL LAW PUBLISHING CO. PVT. LTD. C-FF-1A, Ansal's Dilkhush Industrial Estate, G.T. Kamal Road, Delhi-110 033 Tel:27438103,27215334,27458529 Fax: 91-11-27459023 E-mail: [email protected] Website : www.unilawbooks.com This publication is being sold on the condition and understanding that the information, comments, and views it contains are merely for guidance and reference and must not be taken as having the authority of, or being binding in any way on, the author, editors, publishers, and sellers, who do not owe any responsibility whatsoever for any loss, damage, or distress to any person, whether or not a purchaser of this publication, on account of any action taken or not taken on the basis of this publication. Despite all the care taken, errors or omissions may have crept inadvertently into this publication. For authoritative text information, please contact the department concerned or refer to the Government publication or the Gazette notification. The publishers shall be obliged if any such error or omission is brought to their notice for possible correction in a future edition. In the case of binding defect, misprint, missing pages, etc., the publishers' liability is limited to replacement of the defective copy within one month of its purchase by a copy of the same edition or reprint. All disputes are subject to the jurisdiction of competent courts in Delhi. Computer Typeset at Aesthetic & Printed at Taj Press, New Delhi. CONTENTS THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 Page 1 Introduction CHAPTER I PRELIMINARY Sections 1. Short title, extent and commencement 3 2. Definitions 3 3. Power to add to or omit from the list of psychotropic substances 8 CHAPTER II AUTHORITIES AND OFFICERS 4. Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc. 9 10 5. Officers of Central Government 6. The Narcotic Drugs and Psychotropic Substances Consultative Committee 10 7. Officers of State Government 10 CHAPTER IIA NATIONAL FUND FOR CONTROL OF DRUG ABUSE 7 A. National Fund for Control of Drug Abuse 78. Annual report of activities financed 11 under the fund 11 CHAPTER III PROHIBITION, CONTROL AND REGULATION 8. Prohibition of certain operations 11 8A. Prohibition of certain activities relating to property derived from offence 12 9. Power of Central Government to permit, control and regulate 13 9A. Power to control and regulate controlled substances 14 10. Power of State Government to permit, control and regulate 15 11. Narcotic drugs and psychotropic substances, etc:, not liable to distress or attachment 16 12. Restrictions over external dealings in narcotic drugs and psychotropic substances 16 13. Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent 16 14. Special provision relating to cannabis 16 CHAPTER IV OFFENCES AND PENALTIES 15. Punishment for contravention in relation to poppy straw 16 16. Punishment for contravention in relation to coca plant and coca leaves 17 ii Contents Sections Page 17. Punishment for contravention in relation to prepared opium 17 18. Punishment for contravention in relation to opium poppy and opium 18 19. Punishment for embezzlement of opium by cultivator 18 20. Punishment for contravention in relation to cannabis plant and cannabis 18 21. Punishment for contravention in relation to manufactured drugs and preparations 19 22. Punishment for contravention in relation to psychotropic substances 19 23. Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances 20 24. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12 20 25. Punishment for allowing premises, etc., to be used for commission of an offence 20 25A. Punishment for contravention of orders made under section 9A. 20 26. Punishment for certain acts by licensee or his servants. 21 27. Punishment for consumption of any narcotic drug or psychotropic substance 21 27 A. Punishment for financing illicit traffic and harbouring offenders. 21 28. Punishment for attempts to commit offences 22 29. Punishment for abetment and criminal conspiracy 22 30. Preparation 22 31. Enhanced punishment for offences after previous conviction 23 31A. Death penalty for certain offences after previous conviction 23 32. Punishment for offence for which no punishment is provided 25 32A. No suspension, remission or commutation in any sentence awarded under this Act 25 32B. Factors to be taken into account for imposing higher than the minimum punishment 25 33. Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958 25 34. Security for abstaining from commission of offence 26 35. Presumption of culpable mental state 26 36. Constitution of Special Courts 26 36A. Offences triable by Special Courts 27 36B. Appeal and revision 28 36c. Application of Code to proceedings before a Special Court 28 36D. Transitional provisions 28 37. Offences to be cognizable and non-bailable 29 38. Offences by companies 29 39. Power of court to release certain offenders on probation. 30 40. Power of court to publish names, place of business, etc., of certain offenders 30 Contents iii Sections Page CHAPTER V PROCEDURE 41. Power to issue warrant and authorisation 31 42. Power of entry, search, seizure and arrest without warrant or authorisation 31 43. Power of seizure and arrest in public place 32 44. Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant 33 45. Procedure where seizure of goods liable to confiscation not practicable 33 46. Duty of land holder to give information of illegal cultivation 33 47. Duty of certain officers to give information of illegal cultivation. 33 48. Power of attachment of crop illegally cultivated 33 49. Power to stop and search conveyance 33 50. Conditions under which search of persons shall be conducted 34 50A. Power to under take controlled delivery 35 51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures 35 52. Disposal of persons arrested and articles seized 35 52A. Disposal of seized narcotic drugs and psychotropic substances 36 53. Power to invest officers of certain departments with powers of an officer-in-charge of a police station 36 53A. Relevancy of statements under certain circumstances 37 54. Presumption from possession of illicit articles 37 55. Police to take charge of articles seized and delivered 37 56. Obligation of officers to assist each other 38 57. Report of arrest and seizure 38 58. Punishment for vexatious entry, search, seizure or arrest. 38 59. Failure of officer in duty or his connivance at the contravention of the provisions of this Act , 38 60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation 39 61. Confiscation of goods used for concealing illicit drugs or 39 substances 40 62. Confiscation of sale proceeds of illicit drugs or substances 63. Procedure in making confiscations 40 64. Power to tender immunity from prosecution 40 64A. Immunity from prosecution to addicts volunteering for treatment 41 65. [Omitted] 41 66. Presumption as to documents in certain cases 41 67. Power to call for information, etc. 42 68. Information as to commission of offences 42 iv Contents Sections Page CHAPTER VA FORFEITURE OF PROPERTY DERIVED FROM, OR USED IN ILLICIT TRAFFIC 68A. Application 42 688. Definitions 43 68C Prohibition of holding illegally acquired property 45 68D. Competent authority 45 68E. Identifying illegally acquired property 45 68F. Seizure or freezing of illegally acquired property 46 68G. Management of properties seized or forfeited under this Chapter 46 68H. Notice of forfeiture of property 47 68-1. Forfeiture of property in certain cases 47 68J. Burden of proof 48 68K. Fine in lieu of forfeiture 48 68L. Procedure in relation to certain trust properties 48 68M. Certain transfers to be null and void 49 68N. Constitution of Appellate Tribunal 49 68-O. Appeals 68P. Notice or order not to be invalid for error in description 49 68Q. Bar of jurisdiction 50 68R. Competent Authority and Appellate Tribunal to have powers 50 of civil court 68S. Information to competent authority 50 68T. Certain officers to assist Administrator, competent authority 51 and Appellate Tribunal 68U. Power to take possession 51 68V. Rectification of mistakes 68W. Findings under other laws not conclusive for proceedings under 51 this Chapter 68X. Service of notices and orders 68Y. Punishment for acquiring 52 property in relation to which proceedings have been taken, under this Chapter 52 68Z. Release of property in certain cases CHAPTER VI 52 MISCELLANEOUS 52 69.