SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Monday 17th April, 2006 No.105
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
No.31/LD/2006 DATE: 15.04.2006.
NOTIFICATION
The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 25.03.2006 is hereby published for general information:-
SIKKIM ANTI DRUGS ACT, 2006
(Act No. 2 of 2006)
AN ACT
to control, regulate and prevent the abuse of drugs and controlled substances with abuse potential being misused by addicts and traffickers, to make stringent provisions to deal with the ever increasing phenomenon of abuse of medicinal preparations and for matters connected therewith.
Be it enacted by the State Legislature in the Fifty-seventh Year of Republic of India as follows:-
CHAPTER I
PRELIMENARY
Short title, extent 1. (1) This Act may be called the Sikkim Anti Drugs Act, 2006.
and commencement
(2) It extends to the whole of Sikkim.
(3) It shall come into force on the date of its publication in the Official Gazette.
*1 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2019) 1 | P a g e
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Definitions 2. *1 In this Act, unless the context otherwise requires -
(a) "Act" means the Sikkim Anti Drugs Act, 2006;
(b) "addict" means a person who has dependence in any drug having the abuse potential and consumes such drug but shall not include a person who has dependence in any drug having abuse potential and consumes such drug on the valid prescription of a registered medical practitioner for treatment of his disease;
(c) "commercial quantity" in relation to controlled substance, means any quantity as specified in the Schedule to the Act;
(d) "consumer" means in relation to any person who manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses controlled substances in
"small quantity" without valid prescription or license;
(e) "controlled substances" means any substance declared by the Government by notification, published in the Official Gazette;
(f) "conveyance" means a conveyance of any description whatsoever and includes any animal, aircraft, vehicle (including two-or-three wheeled), or vessel;
(g) "Government" means the State Government of Sikkim;
(h) "illicit traffic" in relation to controlled substances means production, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import or export inter-State of controlled substances and in dealing with any other activities of controlled substances;
(i) "large quantity" in relation to controlled substances means any quantity as specified in the Schedule to the Act;
(j) "licensed dealers" means the traders who have the drug license or the trade license to stock and sell the controlled substances or the holders of trade license to sell the substances mentioned;
(k) "peddler" in relation to any person means who manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses controlled substance of quantity more than "small quantity" without valid prescription or license;
(l) "prescribed" means prescribed by rules under this Act;
(m) "rule" means the rules framed under the Act;
(n) "Schedule" means the Schedule appended to this Act;
(o) "small quantity" in relation to controlled substance, means any quantity as specified in the Schedule to the Act.
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CHAPTER II
AUTHORITIES AND OFFENCES
Government to take 3. (1) Subject to the provisions of this Act, the Government shall take
measures for all such measures as it deems necessary or expedient for the
preventing and purpose of preventing and combating abuse of controlled
combating abuse of substances and the illicit traffic therein.
and illicit traffic of (2) In particular and without prejudice to the generality of the
controlled provisions of sub-section (1), the measures which the
substances, etc. Government may take under that sub-section include measures with respect to all or any of the following matters, namely:-
(a) co-ordination of action by various officers, departments and other authorities-
(i) under this Act, or
(ii) under any other law for the time being in force in connection with the enforcement of the provisions of this Act;
(b) identification, treatment, education, after care, rehabilitation and social re-integration of addicts;
(c) such other matters as the Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act and preventing and combating the abuse of controlled substances and illicit traffic therein.
(3) The Government may, if it considers necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an Authority or a hierarchy of authorities, by such name or names as may be specified in the order for the purpose of exercising such of the powers and functions of the Government under this Act and for taking measures with request to such of the matters referred to in sub- section (2) as may be mentioned in the order, and subject to the supervision and control of the Government and the provisions of such order, such authority or authorities may exercise the powers and take the measures so mentioned in the order as if such authority or authorities has been empowered by this Act to exercise those powers and take such measures.
O fficers of the 4. (1) Without prejudice to the provisions of sub-section (3) of *2 Section 3,
Government the Government shall appoint an officer not below the rank of *3 Deputy Secretary or equivalent as the *2 Programme Director and may also appoint such other officers with such designation as it thinks fit for the purposes of this Act.
(2) The *2 Programme Director shall, either by himself or through officers subordinate to him, exercise all powers or perform all functions entrusted to him by the Government.
CHAPTER II A
STATE FUND FOR CONTROL OF DRUG ABUSE
State Fund for 5. (1) The Government may, by notification in the Official Gazette,
Control of Drug constitute a Fund to be called the State Fund for Control of Drug Abuse
Abuse (hereafter referred to as the Fund) and there shall be credited thereto -
(a) an amount the Government may, after the appropriation made by the State Legislature by law in this behalf, provide;
(b) the sale proceeds of any drugs seized or property forfeited;
(c) any grants that may be made by any person, institution or organization;
*2 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2019) 3 | P a g e
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(d) any income from investments of the amounts credited to the Fund under the aforesaid provisions.
(2) (2) The Fund shall be applied by the State Government to meet the expenditure incurred in connection with the measures taken for -
(a) combating illicit traffic in controlled substances;
(b) controlling the abuse of controlled substances;
(c) identifying, treating, rehabilitating addicts;
(d) preventing drug abuse;
(e) educating public against drug abuse; and
(f) supplying drugs to addicts where such supply is a medical necessity.
(g) training of personnel. (3). *4 The fund shall be maintained in an account in a Nationalized Bank in the name of "State Fund for Control of Drug Abuse" and the account shall be operated jointly by the Programme Director and the Director / Additional Director, Department of Health Care, Human Services and Family Welfare, Government of Sikkim, under sanction of the Sikkim Anti Drugs Authority notified under the Act or a representative authorized by the Authority.
Annual report of 6. The State Government shall, as soon as may be, after the end of each
activities financed financial year, give an account of activities financed under *5 Section 5
under the Fund. during the financial year, together with a statement of accounts.
CHAPTER III
PROHIBITION, CONTROL AND REGULATION
Prohibition of 7. No person shall -
certain operations (a) sale, stock for sale or trade in any controlled substance; or
(b) transport either inter-State or intra-State any controlled substance,
Without a valid license under the Drugs and Cosmetics Act, 1940 or Sikkim Trade License Act:
Provided that, and subject to the other provisions of the Act and the rules made the reunder, the possession of *6 verifiable quantities, as prescribed in the rules of controlled substances for medicinal purposes with a valid prescription, or for a legal use of the substance, shall be permissible:
Provided further that the amount of controlled substance in possession shall not be beyond the limit prescribed in prescription slip/card, or in cases of other substances other than drugs, the amount permissible shall be proportionate to its purported use.
Power of 8. Subject to the provisions of Section 7, the Government may, by
Government to rules-
permit, control and regulate (a) permit and regulate -
(i) the possession of controlled substances by the authorized person;
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(ii) the sale of controlled substances by the licensed dealers;
(iii) the use and consumption of controlled substances in any chemical form;
(iv) the manufacture of the controlled substances by the licensed manufacturers;
(v) the transport of controlled substances by licensed dealers and authorized persons;
(b) prescribe any other matter requisite to render effective the control of Government over any of the matters specified in clause (a).
CHAPTER IV
OFFENCES AND PENALTIES
Punishment for 9. *7 (1) Whoever, in contravention of any provision of this Act or any rule
contravention of
or order made thereunder, manufactures, possesses, sells, purchases,
controlled substances transports, imports inter-State, exports inter-State *8, -
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which shall not be less than two years but may extend to five years and shall also be liable to pay fine which shall not be less than twenty thousand rupees but may extend to fifty thousand rupees;
(b) where the contravention involves large quantity, with rigorous imprisonment for a term which shall not be less than seven years but may extend to ten years and shall also be liable to pay fine which shall not be less than fifty thousand rupees but may extend to one lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment which shall not be less than ten years but may extend to fourteen years and shall also be liable to pay fine which shall not be less than one lakh rupees but may extend to two lakh rupees.
*9 (2) Where contravention is by licensed dealers holding drugs license issued under the Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945, such license shall be immediately suspended for a period of six months or until a decision is made by the court of law, whichever is earlier. Upon conviction, such license shall stand cancelled. Further, such person shall also be liable for imprisonment which shall not be less than three years, and shall also be liable to pay a fine which shall not be less than rupees one lakh;
*10 (3). Where the offender is an addict as defined under clause (b) of section 2, or a consumer as defined under clause (d) of section 2, shall undergo compulsory psychiatric evaluation and/or psychological assessment followed, if necessary, by detoxification and rehabilitation for a period as assessed by a psychiatrist or a psychologist:
*5 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017) *6 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017) *7 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017) *8 Omitted by Ac t No 20 of 2018 (w.e.f. 19.09.2018) 5 | P a g e
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Provided that if the offender is a State Government employee or an employee of an undertaking or an Organization of the State Government shall be assessed by a psychiatrist and the State Medical Board who shall recommend and certify the suitability or otherwise of the person to continue with the job responsibility specific to the post the person is holding."
(4) Where the contravention involves a person using a mode of transport or any other form of conveyance, either inter-State or intra- State, such person shall be liable to imprisonment for a term which shall not be less than ten years but which may extend to fourteen years and shall also be liable to fine which shall not be less than one lakh but may extend to ten lakhs rupees and the conveyance as used, shall be liable to be seized and confiscated, which may be released on payment in the following manner:-
(a) Heavy motor vehicle - Rupees two lakhs
(b) Light motor vehicle - Rupees one lakh
(c) Two-or-three wheeled - Rupees fifty thousand
(d) Any other form of conveyance - Rupees twenty-five thousand
(5) Where the contravention involves the manufacture of controlled substances without a valid manufacturing licence, such person shall be liable to imprisonment for a term which shall not be less than ten years but which may extend to fourteen years and shall also be liable to fine which shall not be less than five lakhs but may extend to ten lakh rupees.
Punishment for 1 0 . *11 Whoever, being the owner or occupier or having the control or use
a l l o w i n g of any house, room, enclosure, space, place, animal or conveyance,
premises, etc., to be knowingly permits it to be used for the commission by any other person
used for of an offence punishable under any provision of the Act, shall be
commission of an punishable with imprisonment for a term not less than five years but
offence may extend to ten years and fine which shall not be less than fifty thousand but may extend to one lakh rupees.
Punishment for 11. *12 Whoever indulges in financing, directly or indirectly, any of the
financing illicit
activities specified in clause (h) of section 2 or harbors any person
traffic and h a r b o u r i n g offenders engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to fourteen years and shall also be liable to fine which shall not be less than two lakh rupees but which may extend to five lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding five lakh rupees.
*9 Substituted by Act No 20 of 2018 (w.e.f. 24.10.2018) *10 Substituted by Act No 20 of 2018 (w.e.f. 24.10.2018) 6 | P a g e 11* Substituted by Act No 21 of 2017 (w.e.f. 19.09.17)
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Punishment for 12. Whoever abets, or is a party to a criminal conspiracy to commit an
abetment and offence punishable under this chapter, shall, whether such offence
c r i m i n a l be or be not committed in consequence of such abetment or in
conspiracy pursuance of such criminal conspiracy and notwithstanding anything contained in Section 116 of the Indian Penal Code, punishable with punishment provided for the offence.
E n h a n c e d 13. If any person who has been convicted of the commission of, or
punishment for attempt to commit, or abetment of, or criminal conspiracy to
offences after commit, an offence punishable under this Act with the same
p r e v i o u s amount of punishment shall be punished for the second and every
conviction subsequent offence with rigorous imprisonment for a term which may extend to twice the maximum term of punishment, and also be liable to fine which shall extend to twice the maximum amount of fine:
Provided that the court may, for reasons to be recorded in the judgement, impose a fine exceeding the fine for which a person is liable.
Punishment for 14. Whoever contravenes any provisions of this Act or any rule or
offence for which order made thereunder for which no punishment is separately
no punishment is provided in this chapter, shall be punishable with imprisonment for
provided a term which may extend to six months, or with fine which may extend to twenty thousand rupees, or with both.
No suspension, 15. Notwithstanding anything contained in the Code of Criminal
remission or Procedure, 1973 or any other law for the time being in force, no
commutation in any sentence awarded under this Act (other than Section 7 (b) ) shall
sentence awarded be suspended, remitted or commuted.
under this Act Presumption of 16. (1) In any prosecution for an offence under this Act which requires
culpable mental a culpable mental state of the accused, the court shall presume the
state existence of such mental state but it shall be a defense for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.
Explanation: In this section "culpable mental state" includes intention, motive, knowledge of a fact and belief in, or reason to believe a fact.
(2) For the purpose of this section, a fact is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability.
Constitution of 17. (1) The Government may, for the purpose of speedy trial of the
Special Courts offences under this Act, by notification in the Official Gazette, in consultation with the High Court of Sikkim, designate a Court of District and Sessions Judge as the Special Court for the purpose of trial of the offences under this Act.
(2) A special court shall consist of a single Judge who shall be appointed by the Government with the concurrence of the Chief Justice of the High Court.
(3) Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure. 1973 (including the provisions as to bail and bonds) shall apply to the proceedings before a special court and for the purposes of the said provisions, the special court shall be deemed to be a Court of Session and the person conducting a prosecution before a special court, shall be deemed to be a Public Prosecutor.
*12 Substitute d by Act No 21 of 2017 (w.e.f. 19.09.2017) *6 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017) 7 | P a g e
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No prosecution under this Act shall be instituted except by a Gazetted Officer or an officer not below the rank of Deputy Superintendent of Police.
Offences to be 18. (1) Notwithstanding anything contained in the Code of Criminal
cognizable and Procedure, 1973 -
non-bailable
(a) every offence punishable under this Act shall be cognizable;
(b) no person accused of an offence punishable under this Act shall be released on bail or on his own bond unless -
(i) the Public Prosecutor has been heard and also given an opportunity to oppose the application for such release, and
(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub- section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 or any other law for the time being in force on granting of bail.
Power of court to 19. *13 (1) When an addict as defined under clause (b) of section 2, or a
release certain
consumer as defined under clause (d) of section 2, is found guilty of an
offenders on probation offence punishable under sub-sections (3) of section 9, and if the court by which such person is found guilty is of the opinion, regard being had to the age, character, antecedents, or physical or mental condition of the offender, that it is expedient so to do, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing such person at once to any imprisonment, with the person's consent, direct that such person be released for undergoing medical treatment for detoxification or de- addiction from a hospital or an institution maintained or recognized by the Government, and to appear and furnish before the court within a period not exceeding six months, a report regarding the result of his treatment and, in the meantime, to abstain from the commission of any offence under Chapter IV.
(2) If it appears to the court, having regard to the report regarding the result of the treatment furnished under sub-section (1) of section 19, that it is expedient to do so, the court may direct the release of the offender after due admonition, and for abstaining from the commission of any offence under Chapter IV during such period as the court may deem fit to specify or on such person's failure so to abstain, to appear before the court and receive sentence when called upon during such period.
*13 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017) *14 Inserted by Act No 21 of 2017 (w .e.f. 19.09.2017)
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CHAPTER V
PROCEDURE
Power to issue 20. (1) A Magistrate of the first class or any Magistrate of the second class
warrant and specially empowered by the Government in this behalf, may issue a
authorization warrant for the arrest of any person whom he has reason to believe to have committed any offence punishable under this Act, as for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe any controlled substance in respect of which an offence punishable under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence.
(2) Any such officer of gazetted rank of the departments of drug control, excise, police or any other department of the Government as he is empowered in this behalf by general or special order of the Government
*14 and any local authority of the Panchayat or the Municipality if he has reason to believe from personal knowledge or information given by any person and taken on writing that any person has committed an offence punishable under this Act or any document or other article which may furnish evidence of the commission of such offence is kept or concealed in any building, conveyance or place authorize any officer subordinate to him but superior in rank to a peon, helper or a constable to arrest such a person or search a building, conveyance or place.
(3) The officer to whom a warrant under sub-section (1) is addressed and the officer who authorized the arrest or search or the officer who is so authorized under sub-section (2) shall have all the powers of an officer acting under Section 21.
Power of entry, 21. (1) Any such officer (being an officer superior in rank to a peon, helper or
search, seizure constable) to the departments of drugs control, excise, police or any
and arrest without other department of the Government as is empowered in this behalf by
warrant or general or special order of the Government, if he has reason to believe
authorization from personal knowledge or information given by any person and taken down in writing that any controlled substance in respect of which an offence punishable under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence is kept or concealed in any building, conveyance or enclosed p lace, may between sunrise and sunset -
(a) enter into and search any such building, conveyance or place;
(b) in case of resistance, break open any door and remove any obstacle to such entry;
(c) seize any drug or substance or any other article and any animal or conveyance which he has reason to believe to be liable for confiscation under this Act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under this Act; and
(d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punishable under this Act:
Provided that if such officer has reason to believe that a search warrant or authorization cannot be obtained without affording, any opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search any building, conveyance or enclosed place at any time between sunset and sunrise after recording the grounds of his belief.
(2) Where an officer takes down any information in writing under sub- section (1) or records grounds for his belief under the proviso thereto, he shall within seventy-two hours send a copy thereof to his immediate official superior.
Power of seizure 22. Any officer of any of the departments mentioned in Section 21 may -
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and arrest in public place (a) seize in any public place or in transit, any controlled substance in respect of which he has reason to believe an offence punishable under this Act has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this Act, any document or other article which he has reason to believe an offence punishable under this Act has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this Act, any document or other article which he has reason to believe may furnish evidence fo the commission of an offence punishable under this Act;
(b) detain and search any person whom he has, reason to believe to have committed an offence punishable under this Act, and if such person has any controlled substance in his possession and such possession appease to him to be unlawful, arrest him and any other person in his company.
Explanation: For the purposes of this section, the expression "public place" includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public.
Power to stop and 23. Any officer authorized under Section 21, may, if he has reason to
search suspect that any animal or conveyance is, or is about to be, used for
conveyance the transport of any controlled substance in respect of which he suspects that any provision of this Act has been, or is being, or is about to be, contravened at any time stop such animal or conveyance and -
(a) rummage and search the conveyance or part thereof;
(b) examine and search any goods on the animal or in the conveyance;
(c) if it becomes necessary to stop the animal or the conveyance, he may use all lawful means for stopping it, and where such means fail, the animal or the conveyance may be fired upon.
Conditions under 24. (1) When any officer duly authorized under Section 21 is about to
which search of search any person under the provisions of Section 20, Section 21 or
persons shall be Section 22, he shall, if possible, take such person to the nearest
conducted gazetted officer of any of the departments mentioned in Section 21 or to the nearest Magistrate.
(2) When an officer duly authorized under Section 19 has reason to believe that it is not possible to take the person to be searched to the nearest gazetted officer or Magistrate without the possibility of the person to be searched parting with possession of any controlled substance or article or document, he may, instead of taking such person to the nearest gazetted officer or Magistrate, proceed to search the person as provided under Section 100 of the Code of Criminal Procedure, 1973.
(3) After a search is conducted under sub-section (2), the officer shall record the reasons for such belief which necessitated such search and within seventy-two hours send a copy thereof to his immediate official superior.
(4) No female shall be searched by anyone except female or in presence of a female.
Disposal of 25. (1) Any officer arresting a person under Section 20, Section 21, or
persons arrested Section 22 shall, as soon as may be, inform him of the grounds for
and articles seized such arrest.
(2) Every person arrested or article seized under warrant issued under sub-section (1) of Section 20 shall be forwarded without unnecessary delay to the Magistrate by whom the warrant was issued.
(3) Every person arrested and article seized under sub-section (2) of
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Section 20, Section 21 or Section 22 shall be forwarded without unnecessary delay to -
(a) the officer-in-charge of the nearest police station;
(b) the officer empowered under Section 27.
(4) The authority or officer to whom any person or article is forwarded under sub-section (2) or sub-section (3) shall, take such measures as may be necessary for the disposal according to law of such person or article.
Disposal of seized 26. (1) The Government may, having regard to the nature of any controlled
c o n t r o l l e d substances, their vulnerability to theft, substitutions, constraints of proper
substances storage space or any other relevant considerations, by notification published in the Official Gazette, shall specify, as soon as may be after their seizure, be disposed by such officer and in such manner as the Government may, from time to time, determine after following the procedure hereinafter specified.
(2) When any controlled substance have been seized and forwarded to the officer-in-charge of the nearest police station or to the officer concerned under Section 27, the officer referred to in sub-section (1) shall prepare an inventory of such substances containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the controlled substances or the packing in which they are packed, the name of the manufacturer and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the controlled substance in any proceedings under this Act and make an application, to any Magistrate for the purpose of -
( a) certifying the correctness of the inventory so prepared;
(b) taking, in the presence of such Magistrate, *15 photographs and videography of such drugs or substances and certifying such
*15 photographs and videography as true;
(c) allowing to draw samples of such drugs and substances by the Drugs Inspector *16 an Officer In Charge of the respective Police Station for analysis of the samples in a designated and approved testing laboratory.
(3) Where an application is made under sub-section (2) the Magistrate shall, as soon as may be, allow the application.
(4) Notwithstanding anything contained in the Indian Evidence Act, 1872 or the Code of Criminal Procedure, 1973, every court trying an offence under this Act, shall treat the inventory, the *15 photographs and videography of controlled substances, the list of samples drawn or the analytical reports thereof under sub-section (2) and certified by the Magistrate, as primary evidence in respect of such offence.
*17 Powers to 27.
invest officers of certain
departments with powers of an officer-in-charge of a police station Police to take 28. An officer-in-charge of a police station shall take charge of and keep in
charge of articles safe custody, pending the orders of the Magistrate, all articles seized
seized and under this Act within the local area of that police station and which may
delivered be delivered to him.
Obligation of 29. All officers of the several departments mentioned in Section 21 shall,
officers to assist upon notice given or request made, be legally bound to assist each other
each other in carrying out the provisions of this Act.
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Report of arrest 30. Whenever any person makes any arrest or seizure under this Act, he
and seizure shall, within forty-eight hours of the arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate superior official.
Punishment for 31. (1) Any person empowered under Section 21 or Section 22, who -
vexatious entry, search, seizure or (a) without reasonable ground of suspicion enters or searches, or
arrest causes to be entered or searched, any building, conveyance or place;
(b) vexatiously or unnecessarily seizes the property of any person on the pretence of seizing or searching for any controlled substance or other article liable to be
confiscated under this Act, or of seizing any document or other article liable to be seized under Section 21 or Section 22; or
(c) vexatiously or unnecessarily detains, searches or arrests any person,
shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to ten thousand rupees, or with both.
(2) Any person willfully or maliciously giving false information and so causing an arrest or search being made under this Act shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees, or with both.
Failure of officer in 32. (1) Any officer, on whom any duty has been imposed by or under this Act
duty or his and who ceases or refuses to perform or withdraws himself from the
connivance at the duties of his office shall, unless he has obtained the written permission of
contraventions of his official superior or has other lawful excuse for so doing, be
the provisions of punishable with imprisonment which may extend to six months or with
this Act fine or with both.
(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 any addict or 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 provisions 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 one year but which may extend to two years, and shall also be liable to fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees.
(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 Government.
Liability controlled 33. Whenever any offence punishable under this Act in respect of controlled
substances, substances, articles, documents, etc. or animal or conveyance used in
articles and carrying controlled substances shall be liable to confiscation.
conveyances to confiscation Confiscation of 34. Any goods used for concealing any controlled substance which is liable to
goods used for confiscation under this Act shall also be liable to confiscation.
concealing Confiscation of 35. Whenever any controlled substance is sold by a person having
sale proceeds of knowledge or reason to believe that such substance is liable to
controlled confiscation under this Act, the sale proceeds thereof shall also be liable
substances to confiscation.
Procedure in 36. (1) In the trial of offences under this Act, whether the accused is
making convicted or acquitted or discharged, the court shall decide whether any
confiscations article or thing seized under this Act is liable to confiscation under
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Section 33 or Section 34 or Section 35 and, if it decides that the article is so liable, it may order confiscation accordingly.
(2) Where any article or thing seized under this Act appears to be liable to confiscation under Section 33 or Section 34 or Section 35, but the person who committed the offence in connection therewith is not known or cannot be found, the court may inquire into and decide such liability, and may order confiscation accordingly:
Provided that no order of confiscation of an article or thing shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim.
Immunity from 37. Any addict, who is charged with an offence punishable under *18 sub-
prosecution to section (3) of Section 9, voluntarily seeks to undergo medical treatment
addicts for de-addiction from a hospital or an institution maintained or recognized
v olunteering for by the Government and undergoes such treatment shall not be liable to
treatment prosecution under *18 sub-section (3) of Section 9:
Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de- addiction.
Power to call for 38. Any officer referred to in Section 21 who is authorized in this behalf by
information, etc. the Government may, during the course of any enquiry in connection with the contravention of any provisions of this Act -
(a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder;
(b) require any person to produce or deliver any document or thing useful or relevant to the enquiry;
(c) examine any person acquainted with the facts and circumstances of the case.
Information as to 39. No officer acting in exercise of powers vested to him under any provision
commission of of this Act or any rule or order made thereunder shall be compelled to
offence say when he got any information as to the commission of any offence.
*15 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017) *16 Inserted by Act No 7 of 2010 (w.e.f. 28.04.2010) *17 Omitted by Act No 1 of 2008 (w.e.f. 16.04.2008)
CHAPTER VI
MISCELLANEOUS
Protection of 40 No suit, prosecution or other legal proceedings shall lie against the
action taken in . Government or any officer of the Government or any other person exercising
good faith any powers or discharging any functions or performing any duties under this Act, for anything in good faith done or intended to be done under this Act or any rule or order made thereunder.
Power of 41(1) (1) The Government may, in its discretion, establish as many centres as it
Government to . thinks fit for identification, treatment, education, after-care, rehabilitation,
establish centres social re-integration of addicts.
for identification
(2) The Government may make rules consistent with this Act providing for the establishment, appointment, maintenance, management and
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superintendence of the centres referred to in sub-section (1) and for the appointment, training, powers, duties and persons employed in such centres.
Power of the 42. (1) Subject to the other provisions of this Act, the Government may, by
Government to notification in the Official Gazette, make rules for carrying out the purposes of
make rules this Act.
(2) In particular and without prejudice to the generality of foregoing power, such rules may provide for the matters for effective implementation of the provisions of this Act wherever necessary.
(3) Every rule made by the Government under this Act shall be laid, as soon as may be after it is made, before the Legislature of the State.
(4) *19 The State Government may also make such other rules for the purpose of carrying out such other activities which are ancillary to and related to the object of this Act.
*20 42A Subject to the provisions of this Act and the rules made thereunder, the State
Government, may by notification, make regulation prescribing the
Power to Make constitution of organization or authority or body, as the case may be, for
regulation dealing with and carrying such activities which are ancillary to and or related to the object of the Act.
43. If any difficulty arises in giving effect to the purposes of this Act, the State
Power to remove Government may take steps or issue such orders not inconsistent with the
difficulties provisions of this Act as may appear to it to be necessary or expedient for the purpose of removing such difficulty:
Provided that no such order shall be made after the expiry of a period of two years form the date of commencement of this Act.
Saving of other 44 The provisions of this Act shall be in addition to, and not in derogation of, any
laws . other law for the time being in force regulating any of the matters dealt with in this Act.
*18 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017) *19 Inserted by Act No 20 of 2018 (w.e.f. 24.10.2018) *20 Inserted by Act No 20 of 2018 (w.e.f. 24.10.2018) *21 Substituted by Act No 20 of 2018 (w.e.f. 24.10.2018) 14 | P a g e
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*21 SCHEDULE
(See clause (c), (i) and (o) of Section 2)
| Sl. No. | Controlled Substance Delivery format | Small Quantity | Large Quantity | Commercial Quantity |
| 1 | 2 | 3 | 4 | 5 |
| 1 | Pill, Capsule, Tablet | 20 pcs or less | 21 to 500 Pcs | More than 500 pcs |
| 2 | Liquid or Syrup containing a combination of Controlled Substances with various other Substances | 500 ml. or less | 501 ml. to 2000 ml. | More than 2000 ml. |
| 3 | Injection vials or ampoules (in units) | 10 units or less | 11 to 50 units | More than 50 units.” |
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT
AMENDMENTS TO THE SIKKIM ANTI DRUGS ACT, 2006 (ACT NO. 2 OF 2006) AMENDED AND
UPDATED UPTO OCTOBER, 2018.
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