Daman and Diu act 061 of 1985 : The NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT,1985

2. Ins. b; Act 16 of 2014, s€c. 30) (w e.f.1-5-2014, oide $O 1183(E)' dated 30th April' 2014\

9

Section 4(1) of the Act Or", ".",oY}a,lTt" Narcotics Controt Bureau. It onlvauthorizes the Central Govemment to take all such measures as it deems ,,"a""""ry o'. expedient for the purpose of preventing--and combating abuse of narcotic drugs and

psychotropic substances and the illjcit traffic therein; Stari v. Kulwant Singh, AtR 2j003 SC

1599.

5. Officers of Central Government.-(1) Without pretudice to the provisions of sub-section (3) of section 4, the Central Govemmen^t shall appoint aNarcotics Commissioner and may also appoint such other officers with'such desimations as it think fit for the purposes of this Act.

(2) The Narcotics Commissioner shall, either by himself or through officers subordinate to him, exercise all pow€rs and perform all functicns relaiing to the superintendence of the cultivation of the opium poppy and production oiopium and shall also exercise and perform such other pow-eis and-functions as miy be entrusted to him by the Central Govemment.

(3) The officers appointed under sub-section (1) shall be subiect to the general control and direction of the Central Govemment, or, if so directed by that Govemment, also of the Board or any other authoritv or officer.

6. The Narcotic Drugs and psyihotropic Subjtances Consultative Committee.-(1) The Central Govemment may constitute, by notification in the Official Gazette,

-an advisory committee to bi called

,,The Narcotic Drugs and

Psychotropic Substances Consultative Committee" (hereafter in this iection referred to as the Committee) to advise the Central Govemrnent on such matters relating to the administration of this Act as are referred to it by that Government from time to time.

(2) The Committee shall consist of a Chairman and such other members, not exceeding twenty, as may be appointed by the Central Government.

(3) The Committee shall meet when required to do so by the Central Govemment and shall have power to regulats its own procedure. _ (a) The Committee may, if it deems it necessary so to do for the efficient discharge of any of its functions constitute one or moie sub-committees and mav appoint to any such sub-committee, whether generally or for the consideration of any particular matter any person (including a nbn-official) who is not a member of the Committee.

(5) The term of office of, the man-ner of filling casual vacancies in the offices of and the allowances, if any, payable to, the C[airman and other members of the Committee, and the conditions and restrictions subiect to which the Committee may appoint a person who is not a member of the Committee as a member of any_of its sub-committees, shall be such as may be prescribed by rules made by the Central Govemment.

7. Officers of State Government.-{1) The State Govemment may appoint such officers with such designations as it thinks fit for the purposes oi thls Act.

(2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the State Government, or, if so directed by that Govemment also of any other authority or officer.

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IICHAPTER IIA

NATIONAL FUND FOR CONTROL OF DRUG ABUSE

7A. National Fund for Control of Drug Abuse'--(L) The Central Government may, by notification h the Official Gazette, constitute a Fund to^be called the Natioiral iund for Control of Drug Abuse (hereafter in this Chapter referred to as the Fund) and there shall be credited thereto-

(a) an amount which the Central Gotrernment may' - after . due appropriation made by Parliament by law in this behalf, provide;

(b) the sale proceeds of any property forfeited under Chapter VA;

(c) any grants that may be made by any person or institution;

(d) any income from investment of the amounts credited to the^Fund under the aforesaid Provisiors.

'zt(2) The Fund shall be applied by the Central Govemment to meet the

expenditure incurred in connection with the measures taken for-

(a) combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances;

(b) controlling the abuse of narcotic drugs and psychotropic substances;

(c) identifying treating, rehabilitating addicts;

(d) preventing drug abuse;

(e) educating Public against drug abuse;

(f) supplying drugs to addicts where such suPPly is a medical necessity'

(3) The Central Govemment may constitute a Goveming Body-as it thinks fit to aavise that Govemment and to ianction money out of the said Fund subiect to the limit notified by the Central Government in the Official Gazette'l

(4) The Governing Body shall consist of a Chairman (not below the rank of an Additional Secretary to the Central Govemment) and such other members not exceeding six as the Central Govemment may apPoint.

(5) The Goveming Body shall have the power to regulate its own procedure'

78. Annual report of activities financed under the fund.-The Central Govemment shall, is soon as may be, after the end of each financial year, cause to be published in the Official Gazette, a rePort giving an account of the activities finanied under section 7A during the financial year, together with a statement of accounts.l

CHAPTER UI

PROHIBITION, CONTROL AND REGULATION

8. Prohibition of certain operations'-No person shall-

(a) cultivate any coca plant or gather any Portion of coca plant; or

(b) cultivate the opium PoPPy or any cannabis planl or

1 Chapter IIA (containing sections 7A and 78) ins by Act^2of 1989, sec. 4^(w e.t 29-5-1989)

2 . Subs. by Act 9 of 2 001, scc.4, for sub-scctions (2 )^and (3) (w.e.f. 2 -10-2 001)

11

(c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-State, export inter-State, import into lndia, .export from India or tranship any narcotic 'drug orpsycnorroptc suDstance, except for medical or scientific purposes and in the manner and to the extent provided by the provisiors of this Act or the rules or orders made thereunder and in a case where any such provision, imposes anv requirement bv wav of licence, permit or author-isation ilso in accordince witli the ierms and c6nditions of such licence, Dermit or authorisation:

Provided th;t, and subiect to the other provisions of this Act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ghnja or the -production, possession, use, consrimption, purchase, sale, traruporl, warehousing import iiter-State and export inter:State of gania for any puipose other than -medical and scientific purbose shall take qffeA bnly from the date which the Central Govemment may, by notification in the Officiil Gazette, specify in this behalf:

l[Provided furthe; thai nothing in this section shall apply to the export of poppy straw for decorative purposes.l

COMMENTS

(i) There need be no physical connection between the goods and the person charged. A rnan may be miles and miles away from the goods and yet if proof is available that he had an interest in or was concerned in illegal impo ation of goods he would be guilty ol the otfence; Addl. Collector of Custofis v . Sitarum Agnrualla, NR 1962 Cal 242 approved t RAdha Kishon v- Union of lndia, AIR 1965 SC 1072.

(ii) If the person possessin8 the drugs or substances does not carry himself but entrusts the same to some other person for carriage in a car, then that person (driver of the car) would be the person who transpolts the said drugs and the person who directs hirn to do so would be the abettor of the offence of transporting; Noroir Chond v. State, (1,952\ Cr Ll 246.

(iii) All manufactured drugs are also narcotic drugs, possession of which is prohibited under this sectiory T. Paal Krki v. State of West Bengal, (1993) 3 Crimes 660 (Cal)

(DB),

Possession of Contraband To.hold a person guilty, poss€ssion has to be conscious, Control over the toods is one of the tests to ascertain conscious possession so also the title. Once an article is found in possession of an accused it could be presumed that he was in conscious possession; R4rn Singh v. Central Buruu of Naratics, AIR 2011 SC 2490: (2011) 11 SCC 347: (2011) 6 SCALE 243:. 2071 Cr LI 3579.

2[8A. Prohibition of certain activities relating to prcp€rty derived from offence.-No person shall-

(a) convert or transfer any property knowing that such property is derived from an offence committed under this Act or under any other corresponding law of any other country or from an act of participation in such offence, for the purpose of concealing or disguising the illicit origin of the property or to assist any person in the commission of an offence or to evade the legal corsequences; or

(b) conceal or diszuise the true nature, source, location, disposition of anv property laowing that such property is derived from-an offence coininitted rinder this- Act or under'any'other corresPonding law of any other country; or

1. Ins. by Act 2 of 1989, s€c. 5 (w.e.f. 29-5-1989). Ins. by Act 9 of 2001, sec. 5 (w.e.f. 2-10-2001).

12

(c) knowingly acquire, possess or use:rny ProPerty which was derived from ai 'offence committed under ihis Act or under any other corresponding law of any other country l

9. Power of 'Central- Govemmint to permit, control and regulate'-(1) Subject to the provisions of section 8, the Cintral Govemment may, by rules-

(a) permit and regulate-- ' ' (i) *t" cultivaiiory or gathedng of any portion (such cultivation or gathering being only on aciount of the Central Govemment) of

Ioca plint, oi thi production, Poss€ssion, sale, purchase'

transpbrt, import inter-State, export inter-State, use^or

consumPtion of coca leaves;

(ii) the cultivation (such cultivation being only on account of Central Government) of the oPium PoPPY;

(iii) the production and manufacture of opium and production^of poppy slraw;

lt(iiia) ihd pbssession, transport, imPort inter-State, export inter-State, warihousing,, sale, purchase, consumption and use of poppy straw prodiced from plants from which no juice has been extracted through lancingl

(iv) the sale of opium and oPium derivatives from the Central Govemment flctories for export from lndia or sale to State Govemment or to manufacturing chemists;

(v) the manufacture of manufactured drugs (othe1 thal prepared opium) but not including manufacture of medicinal opium^or any preparation containing any manuflc\rred drug^from miterials which the maker is lawfully entitled to Possess; 2[(va) the manufacture, possession, transPort, import inter-State, export inter-State, sale, purchase, consumption and use^of essential narcotic drugs:

Provided that where, in resPect of an essential narcotic drug the State Govemrnent has granted licence or permit under^the provisions of s€ction 10 prior to the commencement of the iilarcotic Drugs and Psychotropic Substances (Amendment) AcL201,4 (16 oJ 2014), such licence or Permit shall continue to be valid tili the date of its expiry or for a period of tvvelve months from such commencement, whichever is earlierl

(vi) the manufacture, Possessio& hansport imPort inter-State, export inter-State, sale, purchase, consumPtion or use of Psycl-rotroPic substances.;

(vii) the import into lndia and export from India and transhipment of narcotic drugs and psychotropic substances;

(b) prescribe any other matter requisite to render effective the control of the Central Govemnent over any of the matters specified in clause (ar.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may-

1. Ins. by Act 15 of 2014, sec. 4(aXi) (w.e.f. 7-5-2014, oide SO. 1183(E), dated 30th APril, 2014)

2. lns. by Act 16 of 2014, sec.4(a)(ii) (w.e.f. 1-5-201{, prde S.O. 1183(E), d.ted 30th APril,2014)

13

(a) empower the Central Government to fix from time to time the limits within which licences may be given for the cultivation of the opium poppy;

(b) require that all opiurn, the produce of land cultivated with the oprum poppy, shall be delivered by the cultivators to the officers authorised in this behalf by the Central Govemment; (c) prescribe the forms and conditions of licences for cultivation of the opium poppy and Jor production and manufacture of opiurn; the

tees that may be charged therefor; the authorities bv which such

licences may be granted, withheld, reftrsed or cancilled and the

authorities before which_appeals against the orders of withholding,

refusal or cancellation of licences shall lie;

(d) prescribe that opium shall be weighed, examined and classified ;lclording to its quality and consistence by the officers authorised in this bchalf Lri the Central Covemmeni in the prescnce o[ the (ultivator at the time of deliverv bv the cultivator:

(e) empower the Central Govemment [o fir from tirne to timc the nricc to be paid to the cultivators for the opium cielivered; (f) provide for the weighment, examination and classification, according to the quality and consistence, of the opium received at

the factory and the deductions from or additions (if any) to the

standard price to be made in accordarce with the resuli of such

examination; and the authorities by which the decisions with regard

b the weighment, exemination, classification, deductrons or

additions shall be made and the authorities before which appeals

aBainst such decisicns shall lie;

(g) require that opium delivered by a cultivator, if found as a result of examination in the Central Government factory to be adulterated, may be confiscated by the officers authorised in this behalf;

(h) prescribe the forms and conditioru of licences for the manufacture of manufactured- druts, the authorities by which such licences may be

. granted and the fees may be charged therefor; r[(ha) prescribe the forms and condihons of licences or permits for the manufachtre, possessiory transport, import inter-Staie, export inter-

State, sale, purchase, consumption or uie of essential narcotic drugs,

the authorities by which such licence or permit may be granted and

the fees that may be charged therefor;l

(i) prescribe the forms and conditions of licences or permits for the manufacture, possession, transport, import inter-Staie, export inter- State, sale, purchase, consumption or use of psychotropic substances, the authorities by which such licences or permits may be granted and the fees that may be charged therefor;

(j) prescribe the ports and other places at which any kind of narcotic drugs or psychotropic substances may be imported into lndia or exported from India or transhipped; the forms and conditions of certificates, authorisations or permits, as the case may be, for such import, export or transhipmenu the authorities by which such l. ins. byAct 16 of 2014, sec. a 0) (rv.e.f. 1-12014, oide S.O.1r$(E), dated 30th AprrL 2014).

14

r[9A. Power to control and regulate controlled substances.-(1) If the Central Goverrunent is of the opinion that, having regard to the use of any controlled substance in the production or manufacture of any narcotic drug or psycht,tropic substance, it is necessary or expedient so to do in the public interest, it may, by order, provide for regulating or prohibiting the production, manufacture, supply and distribution thereof and trade and commerce therein.

(2) Without preiudice to the generality of the power conferred by sub-section (1), an order made thereunder may provide for regulating by licenceg permits or otherwise, the productiory manufacture, possessiorL transport, import inter-State, export inter-State, sale, purchase, consumption/ use, storage, distribution, disposal or acquisition of any controlled substance.l

10. Power.of State Governm€nt to perrnit, control and regulate.-(1) Sublect to the provisions of section 8, the State Govemment may, by rules-

(a) perririt and regulate-

(i) thd possession, transport, import inter-State, export inter-State, warehousing sale, purchase, consumption and use of poppy straw r[except poppy straw produced from plants from which no juice has been extracted through lancingl;

(ii) the possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of opium;

(iii) the cultivation of any cannabis plant, productiory manufacture, possession, transport, import inter-State, export inter-State, sale, purchase consumption or use of cannabis (excltding charas);

(iv) the manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess;

(v) the possessiorL transport, purchase, sale, import inter-State, export inter-State, use or consumption of 3[manufactured drugs (other than prepared opium and essential narcotic drugs)l and of coca leaf and any preparation containing any manufactured drug,

(vi) the manufacture and possession of prepared opium from opium lawfully possessed by an addict registered with the State Govemment on rnedical advice for his personal consumDuon:

Provided that save in so far as may be eipressly provided in the rules made under sub-clauses (iv) and (v), nothing in section 8 shall apply to the import inter-State, export inter-State, transport, possession, purchase, sale, use or consumption of manufactured drugs which are the property and in lhe possession of the Govemment:

Provided further that such drugs as are referred to in the preceding proviso shall not be sold or otherwise delivered to any person who, under the rules made by the State Government under the aforesaid sub-clauses, is not entitled to their Dossession; Ins. by Act 2 oI 1989, sec. 6 (w.e.f. 29-5-1989). Ins. by Act 16 of 2014, sec. 5(a) (w.e.t, 1-5-2014, oide S.O. 1183(E), dated 30th Aprit, 2014). Su!s. by Act 16 of 2014, sec. 5(b), for "manufactuied drugs other than prepared opium,, (w.e.l 1-5-2014, rtide 5.O.1183(E), dated 30th Aprit 2014).

I.

2.

3.

15

(b) prescribe any other matter requisite to render effective the control of ' ' ihe Stut" Gor,emment over anv of the matters specified in clause (a)'

(2) In particular and without preiudice to the generality of the foregoing oower, such rules may- ' (a) empower the State Govemment to declare any place to b-e ' ' waiehouse wherein it shall be the duty of the owners to dePosit all such poppy straw as is legally imported inter-State and is intended for eip6it' inte.-State or lxport from India; to regulate the safe custody of such poppy straw warehoused and the removal of such poppy straw for-sal6 br exPort inter-State or ex?ort from India; to ieuy iees for such warehousing and to prescribe the marurer in which and the period after which tTre poppy straw warehoused shall^be disoosed-of in default of pavment of fees;

(b) provlde that the limits within which,,licences.may be. given for the cultivation of any cannabis plant shall be fixed from time to time by or under the orders of the State Govemment;

(c) provide that only the cultivators licensed by the prescribed authority ' bf th" Stut" Govimment shall be authorised to engage in cultivation of anv cannabis Plant;

(d) requiie that all-cannabis, the prodlce of land cultivated with ' ' cannabis plant, shall be delivered-by the cultivators to the officers of the State Covemment authorised in this behalf;

(e) empower the Stale Govemment to fix from time to time, the price to be baid to the cultivators for the cannabis delivered; (O prescribe the forms and conditions of licences or permits for the ' ' itutpo."t specified in sub-clauses (i) to (vi) of clause (a) of sub- iection⁽¹⁾ ind the authorities by which such licences- or permits^may be granied and the fees that may be charged therefor'

11. Narcotii drugs and psychotropic substances, etc', not liable to distress or aitachment.-Notl*itttstai-taing anythlng to the contrary contained in any law or contract, no narcotic drug, fsycirotropic substance, coca -plant, the opium oooov or cannabis plant shall-be liible to be distrained or attached by any person ioi ili" ,".ou".y of atty money under any order or decree of any court^or authority or otherwise.

12. i{estrictions over external dealings in narcotic drugs and psychotroPic substances.-No person shall engage in or control any trade whereby. a narcotic drue or psvchotr6pic substance Is

-obtained outside lndia and supplied to any

o"tSn.iti.la" In'dia save with the previotts authorisation of the Central btu"m-".,t^and subiect to such conditions as may be imposed by that Government in this behalf. -- ia. Speci.t provisions relating to coca plant and coca leaves for use in the prep".atiion of' flavouring agen-t.-Notwithstanding anything contained in

iec[ion g, the Central Government may permit, with or without condrtlons'^ano ;;;h"li of Gor'"--"t t, the cultivatioir of any coca plant or gathering of^any norlion thereot or the production, possession, sale, purchase, transPort' imPort i^I"i--siri",

""po,t inte;-State or imfort into- lndia oi coca leaves for use in the ft"put"tio" .fr"y flavouring ageni which shall not contain any alkaloid^{and to} the extent necessary lor such Lrse. --'-

ll. Spe"iat piovision relating to cannabis'-Notwithstanding Tytl$g contained'in section 8, Govemment-may, by general or special order and su$ect i"'r"ir-r .."a1,1""t as'^ay be specified in'stich order, illow cultivation of^any

16

oFFENCSfT$3R"Korr,r,

1[15. Puniohment for contravention in relation to poppy straw.-Whoever, in confravention of any provisions of this Act or any irie or order made or condjtion. of a licence granted thereunder, producris, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw shall be punishable,-

(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2[one year], o-r with , fine which may extend to ten thous-and rupees oi with both; or

O) where the contravention involves quantity lesser than commercial quantity but, greater than sm;ll qirantity, with rigorous imprisonrnent for a term which may extend to'ten years and with fine which may extend to one lakh iupees; or

(c) where the contravention involves -commercial quantity, with rigorous imprisonment for a term which shall not bi less ihan ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than oire Iat

Provided that the court may-'for reasons to be recorded in the judgment, impg_se a fine exceeding two lakh rupees.l

3[16, Punishment ior contraveniion in relation to coca plant and coca leaves.-Whoever, in contravention of any provision of this Aci or any rule or order made or condition of licence granted thereunder, cultivates any coca plant or gathers lny portion of a coca plant or produces, possesses, sells, purch'ases, transports, imports inter-State, exports inter-State oi uses coca leavds shall be punishable._with rigorous imprisonment for a term which may extend to ten

years, or with fine which may extend to one lakh rupees.l 4[17, Punishment for cbntravention in relati6n to prepared opium._ \,ly'hoever, in contravention of any provision of this Act or any ruie or ordlr made or condition of licence granted thereunder, manufactures, possesses, sells, purchases,,transpcrts, imports inter-State, exports inter_State oi uses prepared

opium shall be punishable,-

(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to s[o'ne yearl, o"r with ^. fine which may extend to ten thousind .upuu, oi witfi boih; or (D.l where the contravention involves quanhty lesser than comme;cial guanlity but _ greater than smlll qirantity, with rigorous imprisorunent for a term which may extend to'ten years ani with fine which may extend to one lakh iupees; or

1.

2.

3.

4.

5.

Subs. by Act 9 of 2001, sec. 6 for section 15 (w.e.f, 2-10-2001). Strbs, by Act 16 of 2014, sec. 6, for ,,six months,' (w.e.f. t -5-2014, r,ide S.O.l t 83(E), dated 30th April,2014). srrbs. by Act 9 of 2001, s€c. 6, for section 16 (w.e.l 2-10-2001).

Subs. by Act 9 of 200l, sec. 6, for section l7 (w.e.f. 2-10_2001).

Subs. by Act 16 of 2014, sec. 7, for "six monrhs', (w.e.f. t-5,2ttq, rid" 5.O.1183(E), datcd 30th Aptlt,2014).

17

(c) where the contravention involves commercial . quantity'^with risorous impnsonment for a term which shall not be less than^ten ;;t;;;;ffii;av extend to rwenty years and shall also be liable i;H" ;hl.h;h"ii^{iot be} less than oire lakh ruPees but which^may extend to two lakh ruPees:

provided that the court -ur'fo. teasons to^be recorded in the tudgment, impose a fine exceeding two lakh rupees l '^"tiftt: i""tr,-""t "fo. .onttin"ittiorr in relation -to.oPium poppy.and opium.-Whoeve., ,., .o.tt.ul,",tiiott of any provision of this Act or^any

rule or

;i#.-;a;;';; ;;;aitlo"^or liccnce granled thereunder' cultivates the opium

r"irv" "i-pi.a"ces,

manufactures, possesses' sells'- p-urchases' transports'

#i5i,t *"I-s"[,-"*portt it t"i-stui" bt ut"t opium. sha-ll be punishable'-

(a) where the contravention involves lmall quantity' with - rigorous t"' il;;";;";i'iot-u i"'* which mav extend to 'tol:.,I""T11':'*"h firie which may extend to ten thousand ruPees' or wrth bow

(b) ;h"; it " .6.tttuu""tio"

involves cornmercial quantity' with '"';'g*tltn[i"Hil'.{:if ,f H"x}11""1"]'"1"J":fi :Tis1,t"':

i. fl"" *rli.n tnati"tlt^U" less than 6ne lakh rupees which^may *FlXtt&yi.:1t'fl1Ti ,.'"r' ror reasons to be recorded in the judgment, impose a fine exceeding two lakh rup€es;

(c) in anv other case, *iin iigo;t iriprisonment which mav extend^to ten vears and with fine ihich maf extend to one lakh ti'pees-| rS. p"r,irh;;iioi "^t.r"i".""t of

opirim by c,ultivator.-Any cultivator

u.;;i ;-;-;ii;te the opium foppy^ott accouni^of .the central Govemment ,"ir

"-u"r"r". ".-",1,"t*it'"

n"giii hlposes^of the opium produced or any part ,i.,";""f,;ii"'iil" P-i"t'"ut" *iti-;t;";;prisonmint for a term which shall not be less than ten years o"t iiti'"fi-*"y ""tind

to hventy years and shall^also

il fii;i;H;;niin ,nutt ""i u"-l;

in* one lakh but'which mav extend^to

*trl?5lJ:5Tf;t

the court may, for reasons to be recorded in the iudgment' ^ry;: il'ffiff:::?ig'i:ji*"'1ff:'in reration to cannabis prant^and cannabis.-Whoeu"., 1,, .o'lttuitt-tiln of atty. ptouisions--of this Act^or any rule

.l'lia"i*"a" or condition of licence granted thereunder'-

(a) cultivates any cannabl" Planu or .- l 6lif:l*kdHff ':ffi ..3?t',:si;,:"H''3s'l1iil;'illfl'i'f; Puirishable-

'tiii- -n"." such contraventio" :ulu.t"t

to clause, (a) with rigorous

imprisonment for a term which may extend to ten y€ars^and

"t'iri"r'.u"riaur"lofi"ewhichmayextendtoonelakhrupees;and

(ii) where such contravention relates to sub-clause (b)'-

1.

2.

3.

Subs. by Act 9 of 2001, sec 6, for section 1E (w e f 2-10-2001)' SuL's. by Act 16 of 2014, s€c 8, for "six mcnths"

(w'e f l-5-2014' ttide S'O' 1183(E)' ddted^30th ADril,20l4).

lJ;''bt ;:i t of 2001, sec 7, for sub-clauses (i) and (ii) (w e f 2-10-2001)'

18

(A) and involves small quantity, with rigorous imprisonment for a term which may eitend io r[one year], or with fine, which may extend to teir thousand rupees, or with both;

(B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imPrisonment tor X term which may ixtend- to ten years and with fine which mav extend to one lakh rupees;

(C) and involves commercial quantity, with riSorous imDrisonment for a term which shall not be less than^ten yeirs but which may extend to twenty years and shall also 6e liable to fine whiih shall not be lesd tiran one lakh rupees but which may extend to two lakh ruPees:

Provided that the court mav, for reasons to be recorded in the ludgment, impose a fine exceeiing two lakh rupees.l 2[21. Punishment for contravention in relation to manufactured drugs and preparations.-\4/hoever, in contravention of any provision of this Act or^any iule or order made or condition of licence granted thereunder, manufachJres, possesses, sells, purchases, transports, impor[s inter-State, exports inter-State or uses a.ry manufictured drug or any preparation containing any manufactuered drug shall be punishable,-

(a) where the contravention involves small quan-tity, with riSorous imprisonment for a term which may extend to r[one.y-ear], -or with finir which may extend to ten thousand ruPees, or with both;

(b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous ihprisdnment foi a term which may extend to ten years and with fine which may extend to one lakh ruPees;

(c) where the contravention involves commercial quantity,^with rigorous imprisonment for a term which shall not be less than^ten years but which may extend to rwenty years and shall also be liable io fine which shalt not be less than oire takh rupees but which^may extend to two lakh rupees:

Provided that the court may. for reasons to be recorded in the iudgment, impose a fine exceedhg two lakh rupees.l

r[22, Punishment for contravention in relation to PsychotroPic substances.-V\rhoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any psychotropic substance shall be punishable,-

(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to s[cine year], oi with fine which may extend to ten thousand rupees or with both; l.

2.

3.

4.

5.

Subs. by Act 16 of2014, sec.9, for "six months" (w.e.f. 1-5-2014, oide S.O. 1183(E), dated 30th April,2014).

Subs. by Act 9 of 2001, sec. 8, for section 21 (w.e.f. 2{0-2001).

Subs. by Act 16 of 2014, s€c. 10, for "six months" (w.e.f. 1-5-2014, trr'e S.O. 1183(E), dated 30th Apr4 2014).

Subs. by Act 9 of 2001, sec. 8, for section 22 (w.e.f. 2-70-2001).

Subs. by Act 16 of 2014, sec. 11, for "six montl$" (w.e.f. 1-5-2014 rride S.O. 1183(E), dated 30ih April,2014).

19

(b) where the contravention involves quantity lesser than commercial quantity but - greater than smill qirantity, with rigorous imprisonment for a term which may extend to'ten years and with fine which may extend to one lakh rupees;

(c) where the c6ntravention involves ^commercial quantity, with rigorous imprisonment for a term which shall not b6 less lhan ten years but which may extend to twenty years and shall also be liable to fhe which shall not be less than one lakh rupees but which may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.l - r[23, Punishment Ior illegal iniport in to India, export from India or transhipment of narcotic drugs and psychotropic substances.-Whoever, in

contravention of any provision of this Act or any rule or order made or condition of licence or permit granted or certificate or authorisation issued thereunder, imports into lndia or exports from India or trarships any narcotic drug or

psychotropic substance shall be punishable,-

(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2[o'ne yearl, o-r with fine, which may extend to ten thousand rupees or with bo*r;

(b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine; which may extend to one lakh rupees;

(c) where the contravention involves commercial quantity, 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 ruoees:

Provided that the cburt mav, for reasons to be recorded in the judgment, impose a fine exceeiing two lakh rupees.l

24. Punishment for extemal dealings in narcotic drugs and psychotropic substances in contravenlion of section l2.-Whoever engages in or controls any trade whereby a narcotic drug or a psychotropic substance is obtained outside India and supplied to any person outside India without the previous authorisation of the Central Govemment or otherwise than in accordance with the conditions (if any) of such authorisation granted under section 12, shall be punishable with rigorous imprisonment for a term wNch shall not be less than ten vears but which mav extend to twentv vears and shall also be liable to fine whiih shall not be less than one lakh rupeeibut may extend to two lakh rupees:

Provided that the court may, Ior riasons to be recorded in the judgrirent, inrpose a fine exceeding two lakh rupees. - 3[25. Punishment fdr allowing prernises, etc., to be used for commission of an offence.-Whoever, being the owner or occupier or having the control or use

of any house, room, enclosure, space, place, animal or conveyance, knowingly

permits it to be used for the commission by any other person of an offence

l.

2.

3.

Subs. by Act 9 of 2001, sec. 8, for section 23 (w.e.f. 2-10-2001). Subs. by Act 16 of 2014, sec. 12, for "six months" (w.e.f. 1-t2014, rrid€ S.O. 1183(E), dated 30th Apri.l,20ia).

Subs. by Act 9 of 2001, sec. 9, for section 25 (w.e.t 2-10-2001).

20

1[25A. Punishment for contravention of orders made under section 9A.-lf any person contravenes an order made under section 9,{, he shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding one lakh rupees.]

25. Punishrnent for certain acts by licensee or his servants.-If the holder of any licence, permit or authorisation Sranted under this Act or any rule or order made thereunder or any person in his employ and actint on his behalf-

(a) omits, without any reasonable cause, to maintain accounts or^to submit any retum in accordance with the provisions of this Act, or any rule made thereunder;

(b) fails to produce without any reasorrable cause such licence, permit or authorisation on demand of any officer authorised by the Central Government or State Govemment in this behalf;

(c) keeps any accounts or makes any statement which is false or which he knows or has reasons to believe to be inconec! or

(d) wilfully and knowingly does any act in breach of any of the conditions of licence, permit or authorisation for which a penalty is not orescribed elsewhere in this Act,

he shall be punGhable with irnprisonment for a term which may extend to three years or with fine or with both

It is well settled *'at a licensee is r?$Xi!#lo" tt

"

u.t or his employee done within the scope of his authority although contrary to the instructions of the licensee; Allen v, Whitehesd, (1930) 1 KB 211.

2[27. Punishment for consumption of any narcotic drug or psychotropic substance,-Whoever, constrmes any narcotic drug or psychotropic substance shall be punishable,-

(a) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specfied in this behalf by the Central Govemment by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both; and

(b) where the narcotic drug or psychotropic substance consumed is other than those specified in or under cluase (a), with imprisonment for a term which mav extend to six months. or with fine which mav extend to ten thousaid rupees or with boti.l

3[274. Punishment for financing illicit traffic and harbouring offenders,- Whoever indulges in financing directly or indirectlt any of the activities specified in sub-clauses (i) to (v) of clause (viiia) of section 2 or harbours any

1. Ins. by Act 2 of 1989, *c. 7 (w.e.t. 29-t1989).

2. Subs. by Act 9 of 2001, sec. 10, 6ot section 27 (w.e.L 2-10-2c01).

3. Ins. by Act 2 of 1989, sec, 8 (w,e.f. 29-5-1989't.

21

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupeesl.

r[278. Punishment for contravention of section 8A.-Whoever conravenes the provision of section 8A shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which nay extend to ten years and shall also be liable to fine.l

28. Punishment for attempts to commit offences.-Whoever attempts^to commit any offence punishable under this Chapter or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the pr.rnishment provided for the offence. There is a thin line between th" ottef,YffIlt, ""d an attempt to commit an offence.

Undoubtedly a culprit first intends to commit the offence, then rnakes preparation for committing it and thereafter attempts to commit the offence. If the attempt succeeds, he has committed the offence; if it fails, he is said to have attempted to commit the offence. Attempt to commit an offence, therefore, can be said to begin when the pleparations are complete and the culprit corunences to do something with the intention of committing the offence and which is a step towards the commission of the offence. The moment he commences to do an act with the necessaly intention, he corrunences his attemPt^to commit the offence; Abhayanand Mishra v. State of BihaL AIR 1961^SC 1698.

29. Punishment for abetment and criminal conspiracy'-(1) Whoever abets, or is a party to a criminal conspiracy to commit an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal corspiracy, and notwithstanding anything contained in section¹¹⁶of the Indian Penal Code⁽⁴⁵ of 1860), be punishable with the punishment provided for the offence.

(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which-

(a) would constitute an offence if committed within lndia; or

(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constihrte it such an offence the same as or analotous to the legal conditions required to constitute it an offence pulishable under this Chapter, if committed within India.

COMMENTS

Where a person possessing illicit drug does not carry it himself but entrusts it to some other pirson for carriage in a cat and that Person carries it knowingly, then the driver of the car would be the person who transPorts the drug, and the Pelson^wJto directs him to do so would be the abettol of the offence of tra sPortir.8i Nan)irchand v'^The State, (7952) Cr Ll 246.

3d. Preparation.-lf any person makes preparation to do or omits to do anything which constitutes in'offence punish;bld under any of the provisions of

1. lns. by Act'16of 2014, sec.'13 (w.ef. 1-5-20L4, oide 5O.1183(E), dated 30th APril,2014)'

22

oiii"" t"ltn *t i"tt he would have been punishable, but which may extend-to one- half of the maximum amount of fine with which he would have ordina-rily (that ir io- t"y in the absence of special reasons) been punishable, in the event aroresalo:

Provided that the

irnpose a higher fine.

court may, for reasons to be recorded in the iudgment,

COMMENTS

For making out a case under this section against any Person, it is not enough lor the Drosecution to "make out a case of mere preparition to commit an offence stated therein it has further to make out a case that i reasonable inference can be drawn fiom^the circumstances that if not prevented by circumstances independent of his will, that Person was determined to carry out his intention to commit the bffence;^{D N} Anooo v' Mahesh Kumar, (1986) 9 ECC 76.

z[si. fnhanced punishment for o{fences after previous conviction'-(1) If anv person who has-been convicted of the commission of or attemPt to commit, oriSetment of, or criminal conspiracy to commit, any of the offences Punishable under this Act is subsequently- convicted of the commission of, or attempt.^to commit, or abetment of, or criririnal conspiracy to commit,-an offence.punishable under ti\is Act with the same amount oi puijshmenl shall be punished for the second and every subsequent offence with rigorous imPrisonment for a term -hi"h ^ut exte'nd to

3fone and one-half tiires of the maximum terml of

imnrisonnient and also be liable to fine which shall extend^to 4[one and one-half tinies of the maximum amountl of fine.

(2) Where the person referred to in sub-section (l) is Uable to be punished with a minimun tirm of imprisonment and to a minimum amount ol tne,^the minimum Dunishment for suth person shall be s[one and one-half times of the minimum lerml of imprisonmeni^and 6[one and one-half times of the minimum amountl of fine:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding the fin6 for which a person is liable. '(3) Where anv pe"rson is convicl.ed by a competent court of criminal iurisdiction outsid6 lidia under anv corresp6nding law, such person, in respect

bf such conviction, shall be dealt with for the purposes of sub-sections (1) and⁽²⁾

as if he had been convicted by a court in lndia.l

1.

2.

3.

4.

5.

Subs. by Act 9 ot 2001, sec. 11, for certain words (w.e.f. 2-10-2001). Subs. bv Act 9 of 2001, sec. 12, for section 31 (w.e.t 2-10-2001). sub6. biAct t6 of2014, s€c. 14(axi), fo! "onehau of the Inaximutn ter " (w.e'(. 1-5-2014, oide S.o. 1183(E), dated 30th April, 2014).

Subs. by Act 16 of 2014, sea. 14(axii), for "one-halJ of the maximum amount" (w.e.f. 1-5-2014, ,tdp S.O. 1183(E), dated 30th April, 2014).

Subs. by Act 16 of 2014, s€c. 14(b)(i) for "onehall of the minimum term" (w.e.l. 1-5-2014' oide S.O. 1183(E), dated 30th April, 2014).

Subs. by Act 15 of 2014, sec. l4(bxii), for "onehalf oI the minimum amount" (w.e.l 1-t2014, utde S.O. 1183(E), dated 30th April, 2014r.

23

conspiracy to commit, any of the ofiences punishable under 2[section 19,

section 24, section 27A and for offences qvolving commercial quantity of any

narcotic.drug, or psychotropic substancel is subsequently convicteci of thl

commission of or attempt to commit, or abetment of, or criminal conspiracv to -*i"i $iffi J"ih$iffi **n, manuracture, posr"""io.,, t.u*po.tutio,,, import into lndia, export from India or transhipment, of the narcotic

drugs or_ psychotropic substances specified unier column (1) of the

Table below and involving the quintity 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 (i)

(i0

(iii)

(iv)

(v)

(vi)

(vii)

(viii) Opium

Morphine Heroin Codeine Thebaine Cocaine Hashish Any mixture with or without any nautral material of any of the above dru-gs 10Kgs.

1 Kg.

1 Kg.

1 Kg.

1 Kg. 500 grams.

20 Kgs. 3fiesser of the quantity between the quintities given against the respective narcotic drugs or psychotropic substances mentioned above forminq part of the mixture.l 500 grams

(ix) LSD, LSD25(+)-N, N Dethyllysergamide (d-lysergic acid diethylamide)- -

(x) THC (Ietrahydrocannabinols, the following lsomers :

6a (10a), 6a (7\ 7, 8,9, 10, 9 (11) and their stereochemical variants) 500 g1ams

(xi) Methamphetamine (+)-2-Methylamine.l-Phenylpropane 1,500 grams ("111 Methaqualone(2-Methyl-3{-tolyl-4-(3h)-quinazolinone) 1,500grams (xiii) Amphetamine (+)-2-amino-1-phenylporpane 1,500 grams

(xiv) Salls and preparation.s of the psychotlopic substances mentioned in (ix) to (xii) 1,500 grams;

(b) financing 4irectly or indirectly, @ clause (a), a[shall be punished with punishment which sha[ not be less than the punishment specified in section 3t or with deathl.

1. Inr. by Act 2 of 1989, sec.9 (w.e.f. 29-S1989).

2. subs. by Act 9 of 2001, sec. 13, for certain words (w.e.f 2-1G2001).

3. Subs. by Act 9 of 2001, sec. 13, for "1,500 grams" (w.e.f. 2-rG2OO1).

4. Subs. by Act 16 of 2014, sec. 15, for "sha[ be punished wior death,, (w,e.f. 1-5-2014, oide S.O. 1183(E), dated 30th April, 2014).

24

(2) where any Person is convicted by a competent court of criminal jurisdiction outsidi india under any law correspondinS to lhe provisiors ofi[section 19, section 24 or section 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substancel, such persory in respect

df sl'.,"li.on riciio.u shall be dealt-with for the purposes of sub-section (1) as if he

had been convicted by a court in India.l

32. Punishment Jor offence for which no Punishment is provided.- whoever contravenes any provision of this Act or any rule or order madel or any condition of any licence, permit or authorisation issued thereunder for which no punishment is'separately provided in this ChaPter, shall be punishable with imprisonment for a term which may extend to six months, or with fine. or with uoirr.

2[324, No suspensiory remission or commutation in any sentence awarded under this Act.-Notwithstanding anything contained in the Code of Criminal Procedure, 1.973 (2 of 7974) or a y other law for the time being in force but subiect to the provisions of section 33, no sentence awarded under this Act (other than section 27) shall be suspended or remitted or commuted.l

COMMENTS

Notwithstanding the absolute bar imposed by section 32A disarming^the iudiciary from exercising power to suspend sentence Passed against a convict under the Act excePt to the extent frit sectio., 32A read with s&tion 33-permit, the coutts have the power, under section 389 of the Code of Criminal Procedure, to susPend, in a given case, the sentence passed a8ainst a convict under the Narcotic Drugs and PsychotroPic Substances Act, Dinesh Goyenka v. State of Assam,2008 (64) AIC 799.

3[328. Factors to be taken into account for imposing higher than the minimum punishment.-Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this Act, the court may, in addition to such factors as it may deem fit, take into account the following.factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine, namely:-

(a) the use or tfueat of use of violence or arms by the offender;

(b) the fact that the offender holds a public office and that he has taken advantage of that office in committing the offence;

(c) the fact that the minors are affected by the offence or the minors are used for the commission of an offence;

(d) the fact that the offence is committed in an educational institution or social service facility or in the immddiate vicinity of such instihrtion or faculty or in other place to which school children and students resort for educational, sports and social activities.;

(e) the fact that the offender belongs to organised intemational other criminal group which is involved in the commission offences; and

(f) the fact that the offender is involved in other illegal activities facilitated by comrnission of the offence.l

33, Application of section 360 of the Code of Criminal Procedure, 7973 and of the Probation of Offendere Act, 1958.-Nothing contained in section 360 of Subs. by Act 9 of 2001, s€c. 13, for certain words (w.e.i 2-10-2001). Ins, by Act 2 of 1989, sec. 10 (w.e.f. 29-5-1989).

Ins. by Act 9 of 2001, sec. 14 (w.e.f. 2-1G2001).

or any

of^the

l.

2.

3.

25

"*-"tt3Xi:Hlt^ot for rhe purDose ol derermjnins his guilt but only for the purpose irf punishment which he should iuffer for the offenfe of which he hai been forind-on the evidence glilty; Ramji Missflt v. State of Bihar, 1963 e) Cr LJ 773.

34. Security for abstaining from commission of offence,-(1) Whenever :

person is convicted _of.an offence p_unishable under any provision of Chapter and the court convicting him is of opinion that it is ire'cessary to requiie such person to execute a bond for abstaining from the commissirin of ariy offence

irnder this Act, the court may, at the tirie of passine sentence on sucfi Derson,

order him to execute a bond for a sum proiortion-ate to his means. with or

without sureties, for abstaining from comrnission of any offence under Chapter

IV during such period not exceedins three vears as it lhinks fit to fix.

(2) The bonil shall be in such form as'may be prescribed by the Central Govemment and the provisions of the Code of'Criminal Procedu're, 1973 Q of 1974), shall, in so far as Lhey are applicable, apply to all matters connected with such bond as if it were a bond to liep the piacd ordered to be executed under section¹⁰⁶of that Code.

,⁽³⁾ If the conviction is set aside on appeal or otJrerwise, the bond so executed shall become void.

(4) An order under this section may also be made by an appellate court or bv the Hieh Court or Srsions ludee vihen exercisine tlie po*iis of revision. - 35, Prisumption of culpabie iental state.---(l)'in ani prosecution for an offence under this Act which requires a culpable mental statebf the accused, the Corut shail Dresume the existente of such inental state but it shall be a defence for the accuSed to prove the fact that he had no such mental state with respect to the act charged is an offence in that prosecution.

Explanntion--ln this section "culpable mental state" includes intentiory motive knowledge of a fact and belief-iru 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 td exist beyond a reasonable doubt and not merefy when its existence is established by a preponderance of probability. The presumption of culpable mental state of accused arises only after the evidence proved biyond rbasonable doubt that accused of had th( knowledee that vehicle owned by him wds being used for transporting narcotics; Bftoln Singh v. Stite of Punjab, (20111 11 SCC 653: JT 2011 (3) SC 392: (2011) 3 SCALE 495: 2011 Cr Ll 2296. 1[36. Constitution of Special Courts.-(l) The Govemment may, for the purpose of providing speedy trial of the offences under this Act, by nbtification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as mav be speci{ied in the notification.

(2) A Special Court shall consist of a single Judge who shall be appointed by the Covernment with the concurrence of the Chief Justice of the High Court. Explanation.-ln this sub-section, "High Court" means the High C"ourt of the State in wh:ch the Sessions Judge or the Additional Sessions Judge of a Special Court was working immediately before his appointment as such Judge.

(3) A person shall not be qualified for appointment as a Judge of a Special Court unless he is, immediately before such appointment, a Sessions Jrrdge or^an Additional Sessions ludge.l

1. Subs. bl, Act 2 of 1989, sec. 11, for section 36 (w.e.f. 29-5-1989).

26

27

1[36A.off€ncestriablebySpecialCourts._{l)Notwithstandinganything .ontu'ir,"J itt lft" Code of Crirninil Procedure' 1973 (2 oI 1974\'-

(a) all offences under this Act which are punishable: -:th imprisonment foratermo,-o'"*thJ-threeyearishallbetriableontybythe Special Court constihila for the area in thi^ch the offence has been

;;;;id;^.. *n"t" ii"i"ut" more speical Courts than one for^such area, by such ott" of tf""^ as may be specified in this behalf by the

Govemment;

(b) where a Person accused of^or suspected^of ,the .commission of an

offence under tiir-i.iis forward'ed to a Magistrate under^sub- section (2) o. .,'U-'u"tiott bl) of sertion 767 ot the Code of Criminal Procedure, tsTg d-;i 1;7ai' such Magistrate. may authorise^the detention of such p"tl" itt tii"t' t"stody'as he think; fit for^a Period not exceeding nrtem Jays in the whole where such Magistrate is a

Judicial Magrstr"t!--"ii

-

""t'""

days in the whole where^such 'Magistrate

is an Executive Magistrate:

ProvidedthatincaseswhicharetriablebytheSpecialCourt where such Magistrate coruiders-

(i) when such person is forwarded to him as aforesaid; or

(ii) upon or at any time before the expiry of the period of detention authorised bY him,

that the detention of such person is urmecessary' he shall order^such

p"t"o"^to be forwarded to the Special Court having jurisdiction;

(c) the Special Court may exercise' in relation to. the person forwarded to it under clause Oi,^the same power which a. Magistrate having jurisdiction ro try a'case 'n'y "*"riis"

under section 167 of the Code

of Criminal p-"J"t", iszS Q ot 1974)' in relation to^an accused Derson in ,,,.ft ca'" *no n" been forwarded to him under that section;

(d) a Special Court -may, uqon..f9rr1s1l of p-olice reqolt of the. facts

constituting an otfeni unher this Act or upon-comPlaint made by an

officer of the CenirafCo""^rn*t or a Stite Govemment authorised ir, tti, U"t Af, tule logrritance of that offence without the accused being committed to it for trial'

(2) When trying an offence under this Act, a Special.Court may also try an

oif"r,.'e oO.e. thin in offence under this Act with which the accused may' un$e1 ii" t.'al? crim;l procedure, lvzl 1z "t 7974)' be charged at the same trial'

(3) Nothing contained in this section shall be deemed to affect the special pora,lir-or' tr,""ttigh Court t"g*Jitti bail under section 439 of the Code of Lri--ir,"r- r'.o."au ie, 1973 (2 ":t

tsz+i, and the High Court--may exercise such

f,owers including the power under clJase (b) of sublsection {1) of that section^as

if"th;;"f;;; io "lriagistrate"ⁱⁿ that section included also a reference to^a

"SDecial Court" constituted under section 36'

1. Subs. by Act 9 of 2001, sec. 15 (w e f 2-10-2001) Earlie! section 36,4 was inserted by Act 2 ot

1989, sec. 1l (w.e f. 29-5-1989).

27

1,973 (2 of 7974), thereof to ,'ninety days", where tf,"y *""r, .t

"U Ue construed as reference to "one hundred and eighty days,,;

. ,Provided -that, if it is not possible to complete the investigation within the said period of one hundred and eighty days, ihe Sp".iui -ou.t may extend the said period up to one year on the report oi the public prosecutor indicating theprogress, of the. investigahon and the specific ."u"o.," t- it" detention oI theaccused beyond the said period of one hundred and eighry days.

" """q1Yyjl,r,arrding anything contained in the Code of Criminal procedure, :!:-y:::!!-),the,orfences punishable under rhis^Act with imprisonmenr fora rerm ol not more than three years may be tried summarily.l

. s€ction 36A(t)(d) "",horir"".h" s;:Ifffs* to take cognizance of offences urderthe Act on the basis of a police reporf-or upon the complaint"made by an officer of the Central Government; Stati v. Kuliant Sirgtr', AtR 2003 St faii. -T358. App€al and revision.-The Higi Court may exercise, so lar as may be

lnpligab.le, all the powers conferred by Clhapters XX|X and XiX of rhe Code of ClllhSl Ploce{11e, 7973 (2 of Ls7gi 2n a mgn Court, as'ii a Special Court within the.local limits of the jurisdiction of Ui Hign Courf were a Court ofJessron trying cases within the local limits of the jurisdiction of the High Court.l -

1[36C. Application of Code to proceedings before a Special Court._Save as otherwise provided in this Act, the proiisions ot tfie Coae of Criminal

Procedure, 1,973 (2 of 1924) (including the provisions as to bail and bonds) shall

apply to the pro^ceedings before a-Spelial iourt and for the purposes of the said provisions, the special Court shall Le deemed to be a Couri ofsession and the

person conducting a- prosecution before a Special Court, shall be deemed to be a ruDltc rrosecutor.l

2[36D.. Transitional provisions.-(1) Any offence committed under this Act on or after the commencemllt-

-o! th9 Narcotic Drugs and

psychotropic

Substances

-(Amendment) Act, 198g (2 of 1989), which is" triable Uy a SpeJiai

9::.1., +rttj. until . a Special Court is constituted under section 36,

i:yjl:,:"l,lg,a,nything contained in the Code of Criminal procedure, 1923 (ior L'/s), be tned by a Court of Session.

. . (2) Where any proceedings in relation to any offence committed under this Act on or atter the commencement of the Narcohc Drugs and psychotropic Substances (Amendment) Act, 1988 (2 of .f9g9), are pendfrg before i Couri of

Session,. then, ,notlithstanding anythhg contained'in sui-section (l), such proceedmg sha be heard and disposed of by the Court of Session:

., ljoyi*d that nothing contained in this sub-s€ction shall affect the power ofthe High Court under section 407 of the Code of Criminal procedure, ISZS e ot

1. Ins. by Act 2 of 1989, s€c. 11 (w.e.l 29-5-1989).

2. Subs. by Act 9 of 2001, sec. 16 (w.e.l 2-10-2001). Earlier s€ction 36D was ircerted by Act 2 of 1989, sec. 11 (w.e,f. 29-t1989).

28

1[37. Offences to be cognizable and non-bailable'-(1) Notwithstanding anything contained ln the CJde of Criminal Procedure, 1973 (2 ol 1974)- fa) every offence punishable under this Act shall be coglizable;

(b) no person accused of an offence punishable -for 2[offences under ' '

section 19 or section 24 or section 27A and also for offences involving commercial quantityl shall be released on bail or on his own bond unless-

(i) the Public Prosecutor has been 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 reasonible 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 O) of sub-section (1) are in addition to the limiiations

-under the Code of Criminal Procedure, 1973 (2

ot'1974) ot any other law for the time being in force, on granting of bail'l

COMMENTS

(i) It has been rePeatedly stressed that NDPS cases should be tried as early-^as po""iblu b..u.,* in suih casei normally accused are not released on bail; .4 M Patel v' Stote of Gujant, AIR 2003 SC 2122.

(ii) It is plain from the language of section 37(1) (b) that the court must adoPt a negative attitude towards bail but turn Positive firstly if it is sahsfied that there are reaJnable grounds for believing that the accused is not guilty of offence under the Act and secondiy that he is not likely to commit any offence while on bail' Both thes€ tests must be saiisfied before bail ian be granted; Sukhdm Singh v. Union Tmitory^of Chandigarh, (1986) Cr LJ 1757 (P & H',.

38. Offences by companies.-(1) Where an offence under Chapter [V has been committed bya company, every Person, who, at the time the offence was committed was in iharge ol, and was responsible to, the company for the conduct of the business of the iompany as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any^such person liable to any punGhment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to Prevent^the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under Chapter IV has been committed by a company and it is Proved that the offence has been committed with the consent or connivance of, or^is attributable to any neglect on the Part of, any director, manager/ secretary, or Sec. 381 Tha Narcotic Drugs and Psychottopic Substances Act'¹⁹⁸⁵

1. Subs. by Act 2 of 1989, sec. 12, for section 37 (w e f. 29-5-1989).

2. Subs. by Act 9 of 2001, sec. 17, for^"a term of imPrisonment of live years or more under this Act" (w.e.f. 2-10-2001).

29

Explanation-For the purposes of this section,-

(a) "company" means any body corporate and inciudes a firm or other association of individuals; and

(b) "director", in relation to a firm, means a partner in the firm.

39. Power of court to release certain offenders on probation.-(i) When any addict is found guilty of an offence ounishable under section 27 l[or for offences relating to small quantiiy of any narcotic drug or psychotropic substancel and if the court by which he 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, then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for de-toxification or de-addiction from a hospital or an institution maintained or recognised by Govemment and on his entering into a bond in the form prescribed by the Central Government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical treafment and, in the meantime, to abstain fiom 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 medical treatrnent fumished under sub-section (1), tlrat it is expedient so to do, the court may direct the release of the offender after due admonition on his entering into a bond in the form prescribed by the Central Government, with or without sureties, for abstaining from the commission of any offence under Chapter IV during such period not exceeding three years as the court may deem fit to specify or on his failure so to abstain, to appear before the court and receive sentence when called upon during such period.

40. Power of court to publish names, place of business, etc., of certain offenders,-(1) Where any person is convicted of any of the offences punishable under section 15 to sectior 25 (both inclusive), section^28, section²⁹or section 30, it shall be competent for the court convictint the person to cause the name and place of business or residence of such person, nature of the contravention, the fact that the person has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of such person in such newspapers or in such manner as the court may direct.

(2) No publication under sub-section (1) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such appeal, having been preferred, has been disposed of.

(3) The expenses of any publication under sub-section (1) shall^be recoverable from the convicted person as if it were a fine imposed by the court. '1. Ins. by Act 9 of 2001, sec. 18 (w.e.I. 2-10-2001).

30

CHAPTER V

PROCEDURE

r[41. Power to issue warrant and authorisation.-(1) A Metropolitan Magistrate or a Magistrate of the first class or any Magistrate of the second class specially empowered by the State Government in'this behalf, mav issue a warrant for lhe arrest of any person whom he has reason to believl to have 19mmi$ed

any. offence punishable under this Act, or for the search, whether by day or by night, of any building, conveyance or place in which he has reason to belreve any narcotic drug or psychotropic substance or controlled substance in lTry:,t .l *N* an offence punishable under this Act has been committed or anydocument or other article which may fumish evidence of the commission of sucir offence or any illegally acquired property or any document or other article which

may rumrsh evidence ot holding any illegally acquired property which js liable

for seizure or freezing or forfeiture und-er Chapter va ol UG Act is kept or

concealed.

(2) Any such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any othei department of the Central Govemment including the para-hilitary foi"", o. tlie armed forces as is empowered in

-this

beh-alf by general or special order by the Central Government, or any such officer of the revenue, drugs control, excise, police or any othei department of a State Govemment as is.e"mpowered in tfris 6enaU ly geie.al o.

special order of the State Govemment if he'has reason to believe fr6ni personal

9:"*19: -o_'_lll::r:,i". given by any person and raken in writing ihat anyperson has committed an offence punishable under this Act or that ariy narcotit 1|;;1g-: f.:f!*opic subslance oi controled substance in respect of which anyoltence under this Act has been committed or any document or other articl'e which may fumish evidence of the commission of luch offence or any illegally

agguired property or any document or other article which may fumish evid'enc'e

::i:lflq_il'jt"8flly acauired ?.9pe..ty which is liable for ieizure or freezing or rorrerrure und€r Chapter VA oJ this Act-is kept or concealed in any buildingl :^*_:?""T" ^ol f1":e,

may authorise any officer iubordinate to trtm Uit superio'.

ln .:1y to a peon/ sepoy or a constable to arrest such a person or seirch a oullolng, conveya-nce or place whether by day or by night or himself arrest sucha person or search a building, conveyance oi place. -

(3) The officer to whom a warrant under sub_section (1) is addressed and the oificer who authorised the arrest or search or the officer who is so authorised under sub-section (2) shall have all the powers of ". oit"". acting undersection 42.1

.,2142.

P.ower.of entry search, seizure and arrest wilhout warrant or autnonsatlon.-(l) Aly s,uch officer (being an officer superior in rank to a peon, ::!_?.:.,::Tl"ble) of the departments

-of central exiise, narcotics, .rrrio-r,rev€nue mtellegence or any other department of the Central Governmentrncluolng para-mjlitary forces or armcd forces as is empowered in this behalf bv Eenerar or speciat order bv the Central Govemmen(, or any such officer (bein!an officer superior in rank to a peon, sepoy or constable) of the revenue, druqs - f. S"U" a. a., I of 2001, sec. 19, for sertion 4l (w.e.l 2-10-2001).

2. Subs. by Act 9 of 200t, sec. 19, f,,r scction 42 1w.e.f. 2_10_200fr.

31

to such entry;

(c) seize such "drug or substance and all materials used in the manufacture the-reof and any other article and any animal^or convevance which he has ieason to believe to be liable^to conlistation under this Act and any document or other article which he has reason to believe may fumish evidence of the commission of anv offence punishable und6r this Act or furnish evidence of holding an'v illeealh,'acquired properry which is liable for seizure or freezing or'forfeiture unier Chapier VA of thls AcU and

(d) detain and search, and, if he thinks ProPer, arrest a.ny person.whom he has reason to believe to have committed any ottence Pumshable under this Act:

r[Provided that in respect of holder of a licence for manufacture of manufactured drugs or piychotropic substances- or controlled substances' sranted under this ict or ini rule oi' order made thereunder, such power shall 6e exercised by an officer not below the ranl oJ sub-inspector: -- pi."iJ"a ir.rrther that] if such officer has reason to believe that a search warrant or authorisation cannot be obtained without affording opportunity for

in" .o.r""ut^".,t^of evidence or facility for the escape of an offender' he may

""i"i^u"a search such building cont eyance or enclosed -Place. at any^time tut-"".,

"uttt"t and sunrise afte-r recording the Srounds of his belief' --- tii wf,"." an officer takes down anf information in writing under sub- secti,on (i) or records grounds for his belief undgr the Proviso thereto' he shau

;irffi ;";-ry-t*; t oirs serd a copy thereof to his immediate official superior.l

when the search was .""or"."o"3ryyE[?ed officer !,iq*tt :,ryrlj:rr"_ryit]

"""tlon li it ttoit't* 6sary; Llnion of lndia'v. Satrchan,zc/J,B (8) SCC 313: 2008 (10) sCR 888' *--ti;i. i;;;; ;ai"i/..." n"a'n''".t in public place'-Any officer of any of the deDartments mentioned in section 42 may- --'----i"l t.it" in any public place br in transit, any. narcotic drug .or ' ' psvchotropii stibsta.t.d or controlled substance in respect of which hu'has teiton to believe an offence punishable ,under this Act has

been committed, and, along with such drug or substance-' any animal

or conveyance or article iiable to confiscation under this Act' any

a"."-".it or other article which he has reason to believe^may

ld;"Jyllre ot 2014, sec. 16, for "Provided that" (vr'e't' l-!!2014' t'ide s'O 1183(E)' dated

30th APril, 2014).

2. Subs. by Act 9 of 2001, sec. 19, for sechon 43 (w e t 2-10-2001)'

32

(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 narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company. Erplanation.-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 pubtc.l

44. Power of entry, searclL seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant.-The Provisions of sections 41, 42^and 43, shall so far as may be, apply in relation to the offences punishable under Chapter IV and relating to coca Plant, the opium PoPpy or cannabis plant and for this purpose references in those sections to narcotic drugs, or PsychotroPic substance, lior controlled substancel, shall be construed as including references to coca plan! the opium poppy and cannabis plant.

45. Procedure where seizure of goods liable to confiscation^not practicable.-Where it is not practicable to size any goods (including standing crop) which are liable to confiscation under this Act, any officer duly authorised under section 42 may serve on the owner or Person in possession of the goods, an order that he shall not remove, part with or otherwise deal with the goods except with the previous permission of such officer.

45. Duty of land holder to give information of illegal cultivation.-Every holder of land shall give immediate information to any officer of the police or of any of the departments mentioned in section 42 of all^the opium poppy, cannabis plant or coca plant which may be illegally cultivated within his land and every such holder of land who knowingly neglects to give such information, shall be liable to punishment.

47. Dvty of certain officers to give information of illegal cultivation.- Every officer of the Govemment and every panch, sarpanch and other village officer of whatever description shall give immediate information to any officer of the Police or of any of the departments mentioned in section 42 when it^may come to his knowledge that any land^has been illegally cultivated with the opium poppy, cannabis plant or coca plant, and every such officer of the Govemment, panc[ sarpanch and other village officer who neglects to give such information, shall be liable to punishment.

48. Power of attachment of crop illegally cultivated.-Any Metropolitan Magistrate, Judicial Magistrate of the first class or any Magistrate specially empowered in this behalf by the State Govemment 2[or any officer of a gazetted rank empowered under section 421 may order attachment of any opium poppy, carurabis plant or coca plant which he has reason to believe to have been illegally cultivated and while doing so may pass such order (including an order^to destroy the crop) as he thinks fit.

l. lns. by Act 9 of 2001, sec. 20 (w.e.f. 2-10-2001),

2. IrLs. by Act 2 of 1989, sec, 13 (w.e.f. 29-5-1989).

33

49. Power to stop and search conveyance.-Anv officer authorised under section 42, may, if he has reason to suspeit that any inirnal or conveyance is, or is about to be, used for the trarupori of any nircotic drue or pivchotrooic substance r[or controlled substancel, in respeit of which t

"

"susoe'ct3 ttr"i r'""

provision of this Act has beery or is being, oi is about to be, contr^avened at an(r .Lmg, stop such animal or convey;rnce, or, in the case of an aircraft, compel it tir land and-

(a) rummage and search the conveyance or part thereof; (b) examine and search any goods bn the animal or in the conveyance; (c) if it becomes necessary io stop the animal or the convevance. ht mav use all lawful means ior stopping it, and where such rireans fail, thl:

animal or the conveyance may b=e fired upon.

50. Conditions under which searcli of personi shall be conducted.- (l) When any officer duly authorised under s6ction 42 is about to search anv person under the provisions of section 41, section 42 or section 43, he shall, if

such person so_ reguires, Lake such person without unnecessa ry delay to thenearest Gazetted Officer of any of the-departments mentioned in ;ection 42 or to the nearest Masistrate.

(2) If such riquisition is made, the officer may detain the Derson until he can btug h"I before the Gazetted Officer or the ivagistrate r'eferred to in sub_ section^(1).

-⁽³⁾ T!" qazetted Officer or the Magistrate before whom any such person is

brought shall,- if he sees no reasonable glound for search, forthwith disdrarge the

person but otherwise shall direct that;earch be made.

(4) No female shall be searched by anvone exceptine a female. 'z[(5) When an officer duly authoriied ritrder secdon 42 has.eason to believe tha_t it is not possible to take the person to be searched to the nearest Gazetted Officer or Magistrate without the iossibility of the person to be searched parting with possession.of any _narcotic drug or fisychotrbpic substance, or coritrolej substance or artlcte or document, he ma, instead of taking such person to the

nearest Gazetted Officer or Magistrate, pioceed to search thE person as provided

under section 100 of the Codebf Criminal Procedure. 19T3 (2 of 197a\'-

(6) After a search is conducted under sub-section i5), the'officer s(a[ record the reasons for such belief which necessitated such seirch and within seventv- two hours send a copy thereof to his immediate official superior.l

(i) A joint.communication of the .!ro#*"tlH?"

""Oer section 50(1) of the Act to the accused would frustrate the very purpoise of section 50. Communicatibi of the said rieht to the person who is about to be'seaiched is not an emptv formalitv. lt has a purpo"se. Most of the offences under the Act carry stringent giuirishment ind, theretore] the prescribed procedure has to be meticulously folloied. These are minimum safe.euards available to an accused against the possibility of false involvement. The commurYcaHon of this right has to be clFar unambiguous ahd individual. The accus€d must be made aware of the existence of such a riq'ht. The rieht would be of little sisnificance if the beneficiary'thereof is not able to exeicise it for *ant of knowledqe aboufib existence. A ioint corrununication of the right may not be clear or uneqTuivocal. lt mav create confusion. lt may result in dilu-ting thi risht. Therefore, accusid must be indi'viduallv informed that under section 50(l), hl has a'right to be searched before a nearest Gazettel Officer or before a nearest Magistrate; State ol Raiasthan v. Parmanand, AIR 2014 SC 1384.

(ii) Provisions of rction 50 of the Act do not apply to any search or seizure where the article. was

"9t^ F_ulg carried on the person of thi iccused; State of Rnjasthon v- Tam Singh, (20rr) ll SCC 559: 2011 (9) SLT 638:2011 (3) SCC (Cr),107.

1.

2.

Ins. by Act 9 of 2001, sec. 21 (w.e.f. 2-10-2001). Ins. by Act 9 of 2001, s€c. 22 (w.e.f. 2-10-2001).

34

(iii) Section 50 can be invoked only in cases whe,re !h9 drug/nqrcotic/ND-PS subsiance is recovered as a conseouence o'f the body search of the accused. In case, the recovery of the narcotic is made from a container Seinq carried by the individual,^the provisirins of section 50 would not be atladed; larnail Shgh v. State of Punjab, AIR²⁰¹¹ Sc 964: (2011) 3 scc 521: Ir 2011 (2) sc 120: (2011) 2 scALE 401: 2011 cr LJ 1738.

(iv) Section 50 is applicable onlv where search of a person is involved and said section is not apolicabl6 hor attractea whele no search of a person is involved. Thus search and recoridry from a bag, brief case, container, etc., does not come within the ambit of section 50 of thd Ac:' Ajner-Singh v. State of Haryana, (2010) 3 SCC 7t'6: It 2010 (2) K. 175: (2010) 2 KALE 2.'

(v) The safezuards mentioned in section 50 are intended to serve a dual purpose - to protect the per;on asainst false accusation and frivolous charges as also to lend iaedibility toihe searcfi and seizure conducted by the empowered oTficer; Beckodan Abdul Rahinun v. State of Kerala; (2W2) 4 KC 229.

(vi) A contraband seized as a r€sult of search and seizure rnade in contravention of section 50 cannot be used to fasten the liabiliw of unlawful possession of the contraband on the person from whom the contrabard had alleeedlv beeir seized in a illesal manner."

Unlawful oossession" of the conkaband is the sin; au6 zoz for conviction dider the Act and that fact has to be established by the prosecutlon beyond a reasonable doubq Ati Mustafa Abdul Rehnan M@e v. Stdte it f.en1a, AIR 1995 SC 244.

r[50A, Pow€r to under take controlled delivery.-The Director General of Narcotics Control Bureau constituted under sub-section (3) of section 4 or any other officer authoris€d by hirn in this behalf, mat notwithstanding anything contained in this Act, undertake controlled delivery of any consignment to-

(a) any destination in India; @)^a foreign country, in consultation with the competent authority of such foreign country to which such consignment is destined, in such manner as may be prescribed.l

51. Provisions of the Code of Crinrinal Procedure, 1973 to apply to warants, arrests, searches and seizures.-The provisions of the Code of Crimhal Procedure, 1973 (2 of L974) shall apply, iri so far as they are not inconsistent with the provisions of this Act, to all *arrants issued iLnd arrests, searches and seizures made under this Act.

52. Disposal of persone arrested and articlee seized.-(l) Any officer arresting a person under section 41, section 42 section 43 or section 44 shall, as soon as may be, inform him of the grounds for such arrest.

(2) Every person anested and article seized under warrant issued under sub- section (1) of section 41 shall be forwarded without urmecessary delay to the Magisbate by whom the warrant was issued.

(3) Every person arrested and article seized under sub-section (2) of section 41, section 42, section 43 or section 44 shall be forwarded without unnecessary delay to-

(a) the officer-in-charge of the nearest police statioD or @)^the officer empowered under section 53.

(4) The authority or officer to whom anv rrerson or article is forwarded under sub-section (2) or sirb-section (3) shall, wiih all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or arncle.

COMMENTS

_ If a person is not informed of the grounds of his arrest, his further detention may become invalid or unlawful, but it camot be said that his initial anest itself becomes illegal; Sunil Chainsni v. Inspector of Police, i989 (1) FAC 44.

1. I.- by A"t 9 o t 2001, sec. (w.e.f. 2-1G2001).

35

drugs, substances or conveyancesl and certifying such photographs

as true; or

(c) allowing to draw representative samples of such drugs or "

substanies, in the presince of such Maiistrate and certiffng^the correcbless of any list of samples so drawn.

(3) Where an application is made und-er sub-section (2), the Magistrate shall, as soon as may be, allow the apPlication.

(4) Notwiihstanding anything contained in the Indian Evidence Act' "1872 (1 of 1872) or the Code of Criminal Procedure, 1973 (2 of 7974), every court trying an offence under this Act, shall treat the inventory the photographs of o[narcotic

1. Ins. by Act 2 of 1989, sec, 14 (w.e.f. 29-5-1989).

2. Subs. by Act 16 of 2014, sec. 17(a), for sub-section (1) (w.e.f. 1-5-2014, zide S.O, 1183(E), dated 30th April, 2014). Sub-section (1), before substitutrory stood as under:

"(liThe Central Govenunent may, having regard to the hazardous nature of any narcotic drugs or psychotropic substances, thek vulnerability to theft, substitution, constraints of profer storage spac! or any other relevant considerations, by notification Published in the blfiAat Gazelte, ipecify such narcohc drugs or PsychohoPic substances or class of narcotrc drugs or class of piychotroPic substances which shall, as soon as may be after thei. seizu_re, be disposed of by such officei and in such manner as that Govemment may from time to time, determine after following the procedure hereinafter sPecified.".

3. Subs. by Act 16 of 2014;s€c. i7(bxi), for "narcotic drug and Psychotlopic substance" (w.e'l 7-5-2014, oide S.O. 1183(E), dated 30th Aqril' 2014).

4. Subs. by Act 16 of 2014, sec. 17(bxi), for ';narcotic dru8s and Psychot oPic substances" (w'e^f' 1-5-2074, vide S-O. 1183(E), dated 30th APiiL 2014).

5. Subs. by Act 16 of 2014, sec. 17(bxii), for "6uch drugs or substances" (w.e.f. 1-t2014, uide S O' 1183(E), dated 30th APril, 2014).

e. Subs. by Act 16 of 2d14, sec. U(c), for "narcotic drugs ot PsychotroPic substances" (w'e^f' 1-5-2014, oide 5.O.1183(E), dated 30th APdl, 2014).

36

53. Power to invest officers of certain dePartments with powers of an officer-in-charge of a police station.-(l) The Central Govemment, after consultation with the State Government, may, by notification published h the Official Gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence 1[or any other department of the Central Govemment including para-military forces or armed forcesl or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of the offences under this Act.

(2) The State Govemment may, by notification published in the Official Gazette, invest any officer of the department of drugs control, revenue or excise - 2[or any other department] or any class of such officers with the Powers of an officer-in-charge of a police station for the investigation of offences under this Act.

3[53,4.. Relevancy of statements under certain cilcumstances,-(1) A statement made and signed by a person before any officer empowered under section 53 for the investigation of offences, during the course of any inquiry or proceedings by such officer, shall be relevant for the purpose of provin& in any prosecution for an offence under this Act, the truth of the facts which it contains.-

(a) when the person who made the statement is dead or cannot be found or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or

(b) when the person who rnade the statement is examined as a witness in the case before the court and the court is of the opinion that having regard to the circumstances of the case, the statenient should be admitted in evidence in the interest of justice.

(2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceedings under this Act or the rules or orders made thereunder, other than a proceeding before a court, as they apply in relation to a proceeding before a court.l

a[54, Presumption from possession of illicit articles.-ln trials under this Act, it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under this Act in respect ol-

(a) any narcotic drug or psychotropic substance or controlled substance;

(b) any opium poppy, cannabis plant or coca plant growing on any land which he has cnltivated;

(c) any apparatus specially designed or any group of utensils specially adopted for the manufacture of any narcotic drug or psychotropic substance or controlled substance: or

'1.

2.

3.

4.

Subs. by Act 9 of 2001, s€c. 24, for "or Border Security Force" (w.e.t 2-1G2001) lns. by Act 9 of 2001, 6ec. 24^(\ '.e.f. 2-10-2001).

lns. by Act 2 of 1989, sec. 15 (w.e.i 29-5-1989).

Subs. by Act 9 of 2001, sec. 25 for section & (w.e.f. 2-10-2001).

37

(d) any materials which have undergone any process towards the manufacture of a narcotic drug or psychotropic substance or controlled substance, or any residue left of the materials from which any narcotic dmg or psychotropic substance or controlled substance has been manufactured,

for the possession of which he fails to account satisfactorily.l

55. Police to take charge of articles seized and delivered.-An officer-in- charge of a police station shall take charge of and keep in safe custody, pending the orders of the Magistrate, all articles seized under this Act within the local area of that police station and which may be delivered to him, and shall allow any officer who may accompany such ariicles to the police station or who may be deputed for the purppse, to affix his seal to such articles or to take samples of and from them and all samples so taken shall also be sealed with a seal of the officer-in-charge of the police station.

COMMENTS

(i) Provisions of section 55 are merely directory in nature; T,Paul Kuki v. State of West Bengol, (1993\ 3 Crimes 660 (Cal) (DB).

(ii) The searching officer has an option of depositing the seized article(s) in the local police station; T. Paul Kuki v. Srate of West Bmgal, (7993) 3 Crimes 600 (Cal) (DB).

55. Obligation of officers to assist €ach other.-All officers of the several departments mentioned in section 42 shall, upon notice given or request made, be legally bound to assist each other in carrying out the provisions of this Act. 57, Report of arrest and seizure.-Whenever any person makes any arrest or seizure, under this Act, he shall, within forty-eight hours next after such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate official superior.

1[57A. Report of seizure of property of the person arrested by the notified officer.-V/henever any officer notified under section 53 makes an arrest or seizure under this Act, and the provisions of Chapter VA apply to any person involved in the case of such arrest ol seizure, the officer shall make a report of the illegally acquired properties of such person to the jurisdictional competent authority within ninety days of the arrest or seizure.l

58. Punishrnent for vexatious entry, search, seizure or arrest.-(1) Any person empowered under section 42 or section 43 or section 44 who-

(a) without reasonable ground of suspicion enters or searches, or causes to be entered or searched, any building, conveyance or place;

(b) vexatiously and unnecessarily seizes the properry of any person on the pretence of seizing or searching for any narcotic drug or psychotropic 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 42, section 43 or section 44; or

(c) vexatiously and 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 one thousand rupees, or with both.

(2) Any person wilfully and maliciously giving false information and so causing an arrest or a search heing made under this Act shall be punishable with L. lns. byAct 16 o{ 2014, sec. 18 lw.e.f. 1-5-2014' oide S.O. 1183(E), dated 30th Apri! 2014).

38

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, 6y^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 doinp^be punishable with imprisonment for a term which may extend to one year or with fine or with both.

1(2) A.y 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 addic! or

(b) any other person who has been charged with an offence under^this Act,

and who wilfully 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. Explaration.-For the purposes of this sub-section, the expression "officer"

includes any person employed in a hospital or institution maintained^or recognised by the Govemment or a local authority under section 54A for providing de-addiction heahnent.l

(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 Govemment, or as the case may be, the State Govemment.

60. Liability of illicit drugs, substances, plants, articles and conveyances lo confiscation.-2[(1) Whenever any offence punishable under this Act has been committed, the narcotic drug, psychotropic substance, controlled substance, opium poppy, coca plant, cannabis plant, materials, apparah$ and utensils in respect of which or by means of which such offence has been committed, shall be liable to confiscation.l

(2) Any narcotic drug or psychotropic substance 3[or controlled substances] lawfully produced, imported inter-State, exported inter-State, imported into India, transported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug or psychohopic substance^3[or controlled substancesl which is iiable to confiscation under sub-section (1) and there receptacles, packages and coverings in which any narcotic drug or psychotropic substance 3[or controlled substancesl, materials, apparatus or utensils liable to confiscation under sub-section (1) is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to con fisca tion.

(3) Any animal or conveyance used in carrying any narcotic drug or psychotropic substance 3[or controlled substancel, or any article liable to confiscation under sub-section⁽¹⁾ or sub-section⁽²⁾ shall be liable to confiscation, L Srrl". fv e.t Z of 1989, sec. 16, for sub-section (2) (w.e.f. 29-5-1989).

2. Subs. by Act 9 of 2001, sec. 26, for sub-section (1) (w.e.f. 2-10-2001).

3. Ins. by Act 9 of 2001, sec. 26 (w.e.f, 2-10-2001).

39

61. Confiscation of goods used for concealing illicit drugs or substances.- Any goods used for concealing any l[narcotic drug, psychotropic substance or conholled substancel which is liable to confiscation under this Act shall also be liable to confiscation.

Explanation.-In this section "goods" does not include conveyance as a means of transDort.

^ 52. Confiscition of sale proceeds of illicit drugs or substances.-Where anyz[narcotic drug, psychotropic substance or controlled substance] is sold by I person having knowledge or reason to believe that the drug or substance is liable

to confiscation under this Act the sale proceeds thereof shall also be liable to

confiscation.

63. Procedure in making confiscations.-(1) In the trial of offences under this Act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized under this Act is liable to confiscation under section 60 or section 61 or section 62 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 urder section 60 or section 61 or section 62, but the person who committed the offence in connection therewith is not known or cannbt 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 clairn:

Provided further that if any such article or thing, other than a narcotic drug, psychotropic substance, 3[controlled substance,] the opium poppp coca plant or carurabis,plant is liable to speedy and natural decay, or if the court is of opinion that its sale would be for the benefit of its owner, it may at any time direct it to be sold; and the provisions of this sub-section shall, as nearly as may be practicable, apply to the net proceeds of the sale.

'[*.1

54. Power to tender immunity frour prosecution.-(1) The Central Govemment or the State Govemment ma, if it is of opinion (the reasons for such opinion being recorded in writing) that with a view to obtaining^the evidence of any person appearing to have been directly or indirectly concemed in or privy to the contravention of any of the provisions of this Act or of any rule or order made thereunder it is necessarv or expedient so to do, tender to such

1.

2.

3.

c. Subs. by Act 9 of 2001, sec. 27, (w.e.t 2-10-2001).

Subs. by Act 9 of 2001, sec. 28, for 2-10-2001).

for "narcotic drug or psychotropic substancc"

"narcotic drug or psychotropic substance" (w.e.f. Ins. by Act 9 of 2001, sec. 26 (w.e.f. 2-1G2001). Sub-section (3) omitted by Act 9 of 2001, sec. 29 (w.e.f. 2-10-2001).

40

(2) A tender of immunity made to, and accepted by, the person concerned, shall, to the extent to whicli the immunity extends, render him immune from orosecution for anv offence in respect of which the tender was made. ' (3) If it app"uti to the Central-Govemment or, as the case may be, the State Govemment, that any person to whom immunity has been tendered under this

section has not complied with the conditiors on which the tender was made or

is wilfully concealing anything or is giving false evidence, the Central

Govemment or, as thelase may be, the State Govemment' may record a finding

to that effect and thereupon the immunity shall be deemed to have^been

withdrawn and such person may be tried for the offence in respect of which^the

tender of immunity was made or for any other offence of which he appears^to

have been guilty in connection with the same matter.

COMMENTS

(i) The grant of imrnunity under s€ction 64 of the Act to an accused who was facing trial before the court would amount to vesting the power of iudicial authority in the Governmenq .lasbil Singh v. V.K. laggi, (2001) 8 SCC^289.

(ii) A pardon is an act of griie proceeding from the power entrusted with the execution of the laws, which exeimpts the individual on whom it is bestowed from^the punishment the law inflicts for a ciime he has committed; Llnited States v. Wilen, T Pet. 150; A.L. Mehra v. The State, AIR 1958 Punj^72.

r[54A. Immunity from prosecution to addicts volunteering for tr€atment.- Any addict, who is charged with an offence punishable under section 27 or with offences involving small quantity of narcotic drugs or PsychotroPic substances, who voluntarily seeks to undergo medical treahnent for de-addiction from a hospital or an institution maintained or recognised by the Govemment or a local authority and undergoes such treatme4t shall not be liable to prosecution under section 27 or under any other section for offences involvhg small quantity of narcotic drugs or psychotropic substances:

Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction.l

65. Power to make rules regulating disposal of confiscated articles and rewards.-[Rep. by the Narcotic Drugs and Psychotropic Substances (Ammdment) Act, 7988 (2 of 1989), xc. 18 @.ef. 29-5-1989).1

56. Presumption as to documents in certain cases.-Where any document-

(i) is produced or fumished by any person or has been seized from the custody or control of :rny persorL in either case, r.mder this Act or under any other Law, or

(ii) has been received from any place outside India (duly authenticated by such authority or person and in such manner as rnay be prescribed by the Central Govemment) in the course of investigation of any offence under this Act alleged to have been committed by a person,

1. Subs. by Act 9 of 2001, sec. 30, for section 64,{ (w.e.f. 2-1G2001). Eatlier sectron 64A was inselied by Act 2 of 1969, sec. 17 (w.e.f. 29-5-1989).

41

(a) presume, unless the contrary is proved, that the sigrature and every other part of such documeni whi-ch purports to be ir the handwritin! of any particular person or which the iourt may reasonably assumE to have been signed by, or to be in the handwriting of, any farticular persory is in that person's handwriting and in the iase of i document executed or attested, that it was executed or attested bv the person by whom it purports to have been so executed or attested; ' (b) admit the document in evidence, notwithstanding that it is nct duly stamped, if such document is otherwise admissiSle in evidence; '(c) in a case falling under clause (i), also presume, unless the contrary is proved, the truth of the contents of such document.

67. Power to call for information, etc,-Any officer referred to in section 42 who is authorised in this behalf by the C-entral Govemment or a State Govemment 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 contraveniion of the provisioni 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 me case,

68. Infonnation as to commission of offences,-No officer acting in exercise of powers vested in him under any provision of this Act or any ruLe or order made thereunder shall be compelled to say whence he got any information as to ihe commission of any offence.

IICHAPTER VA

,[FORFEITURE OR ILLEGALLY ACQUIRED PROPERTYI

58A. Application.-(l) The provisions of this Chapter shall apply only to persors specified in sub-section (2).

(2) The persons referred to in sub-section (1) are the following, namely:-

(a) every person who has been convicted of an offence punishable under this Act with imprisonment for a term of 3[ten] yeirs or more;

(b) every person who has been convicted of a similar offence by a competent court of criminal jurisdiction outside India;

(c) every person in respect of whom an order of detention has been made under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988), or under the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Druss and Psychotropic Substances Act, 1988 (J & K Act XXII of 1988)i Provided that such order of detention has not been revoked on the report of the Advisory Board constituted under the said Acts or such

1.

2.

Chapter VA (containing s€ctions 68A to 68Y) ins. by Act 2 of 1989, s€c. 19 (w.e.t 29-5-1989). Subs. by Act 15 oI 2014, sec. 19. for the heading "FORFEITURE OF PROPERTY DERMD FROI\,I, OR USED IN ILLICIT TRAFFIC" (w.e.f.7-5-20'14, oide S.O. 1183(E), dated 30th April. 201.4\.

subs. by Act 9 of 2001, sec.31, for "five" (w.e.f. 2-1G2001).

42

l[(cc) Lrrery person who has been arrested or-against whom a warrant or auth'orisation of arrest has been issued for the commission of^an

"if""*-p""itttrUle under this Act with impdsonm€nt for a term of ten years or more, and every person who has been arrested or

"guii-trt *ho- a warrant or authorisation of arrest has been issued fJr the commission of a similar offence under any corresponding law of any other country.l

(d) every person who is J rehtive of a person referred to in clause^{(a) or}' clauie'(b)^or clause (c) 1[or clause (cc)];

(e) every associate of a person referred to in clause (a) or clause (b) or clause (c) l[or clause (cc)l;

(0 atty holdei (hereafter in this clause referred to as the ?resent '' hoider"; of any proPerry which was at any time Previously held by ilu.to.t t"r".i"d to'in ciause (a) or clause (b; or cliuse (c) r[or clause (cc)l; unless the present holder or, as the case may be, any one who neiJ

"ucn p.op"ity after such person.and before the present.holder' is or was i t.itsfet"" in good faith for adequate consideration'

688. Definitions.-In this Chapter, unless the context otherwise requires'-

(a) "Appellate Tribunal" means the APpellate Tribunal for Forfeited Property constituted under section 68N;

O) "aisociate" in relation to a Person whose property is liable to be forfeited under this Chapter, means-

(i) any individual who-had been or is residing in the residential primises (including out-houses) of such person;

(ii) lny individual rvio had been or is managhg the affairs^or keeping the accounts of such person;

- - . - (iii) any asiriation of persons, body of individuals, partnershiP firm or Private company withh the meaning of the Companies Act' 195'6 (1 of 1956i, ofwhich such person had been or is a member' oarhter or director;

(iv) any individual who had been or is a member, partner or director of-an association of persons, body of individuals, partnership firm or private co-p"tty referred to in sub-clause (iii) at^any time when such perion had been or is a member, Parhrer or director of such issociatiory body, partnership firm or private comPany;

(v) any perjon, who had been or is managing the affairs, or keeping th6 iccounts, of any association of persons, body of individuals, parhershiP firm oi private company referred to in sub

(vi) the trustee of any trust, where,-

(1) the trust has been created by such person; or i2i the value of the assets contributed by such person (hcluding the value of the assett if an, contributed by him earlier) to by Act 9 of 2001, s€c. 31 (w.e.f. 2-1G2001).

43

"r*. . transmission or by any other means; (e\ ".f.reezing" means' teniporarily pronibiting the transfer, conversion, disposition or movement oi p'roperty b"y an order issued under

section 68F:

1q "ide-ntrfrjrg-' includes establishment of _proof that the properry was oenved rrom, or used in, the illicit traffic: (g) "illegally acqrrired property,,, in relation to any person to whom thjs Lnaprer aPpttes, means,_ (i) any property acquired by such person, whether before or after

the commencement of this Chapter, wholly or partly out of or by

means of any income, earnings or assets de;iveJ or obtainei

lrom or attributable to_r[the conhavention of any provisions 2[of

,... this Act or the equivalent value of such proper'ty] orl.l; (ii) any property acquired by such person, wheihei befoie or after

the commencement of this Chaptet. for a consideratiory or by

any means wholly or partly traceable to any property referred t6

rn suD-clause (l) or the rncome or earning from i[such property or

the equivalent value of such property;'orl,

'l(ur) any properl.y acquired by such person, whether before or after

the cofiunencement of the Narcotic Drugs and psychotrooic

Substances (Amendmenr) Acr, 2014 (16 of 26j.4), *frotfj, oifarify

ogt oj.oJ by means of any income, eamings oi assets ihe iour.L

or whlch cannot be proved, or the equivalent value of such

propertyl

and includes-

(A) any property held by such person which would have been, in retatlon to any previous holder thereof, illegally acquired property under this clause if such previous tr-otdir trai not ceased to hold it, unless such person'or any other person who held the property at any timd after such irevioud holder or, wnere there are two or more such previous holders, the lasl of such previous holders is or was a transferee in good faith for

adequate consideration;

L

2.

3.

{. Subs. by Act 9 of 2001, s€c.32, for "ilticit traffic" (w.e.f. 2_tO-2001). Subs. by Act 16 of 2014, sec. 20(a)(i), for ,,of this Act, or,, (w.e.f. 1_S_20"t4, uide S.O. tIF dated 30th Aprit 2014).

Subs. by Act 16 of 2014, sec. 20(a)(ii), for ,,such prope y,', (w.e,I. 1_5-2014, r,ide S.O. I dated 30th April, 2014).

lns. by Act 16 of 2014, sec. 2o(a)(iii) (w.e.f. 1-5-2014, oide S.O- 1t&3(E), dated gorh Ap.

44

(B) any ProPerty acquired by such person, whether before or after the commencement of this Chafter, for a consideration. -or-.by anv means, whollv or partly triceable to any proPerty falling unfer item (A), o; the income or eamings therefrom; l[(h) "oropertv" means any property or assets of every description, " ' tin"inet'corporeal or incbrpbreal, movable or immovable, tangible or intangible', wherever located and includes deeds and instruments

evidencirg title to, or interest i& such Property or assets;l

(i) "relative" means-

(1) spouse of the Person;

(2) brother or sister of the Person;

(3) brother or sister o[ the spouse of^the person;

(4) anv lheal ascendant or descendant of the person; (51 any lineal ascendant or descendant of the spouse of the perso-ni (ej tpi,"se of a person referred to in sub-clause (2), sub-clause^(3), sub-clause (4), or sub-clause^(5);

(7) any lineal descendant of a person referred to in sub-clause (2)^or sub-clause^(3);

(j) "tracing" means determining - the nahrre, source, disposition, ' movemint, title or ownership of property;

(k) "trust" includes any other legal obligation. 68i. i"rohibition of holding illegaltf acquiied property.-(1) As from the commencement of this Chapter, it shall not be lawful for any-person to whom this Chapter apalies to ho)d any illegally acquired Property either by himself or throush anv other person on his behalf.

(2i \a/h6re rny p"..on holds any illegatly acquired Property in contravention of the'provisions'o^f sub-section (1), suci piopefty shail ba liable to be forfeited to the tentral Government in accordance with the provisions of this Chapter:

2[Provided that no ProPerty shall be forfeited under this Chapter iI such propertv was acquired,6y i peison to whom this Act applies, before a period of ii"'years from the datl hi was arrested or against whom a wanant^or authbrisation of arrest has been issued for the commission of an offence punishable under this Act or from the date the order or detention was issued, as the case may be.l

68D. C6mpetent authority.-(1) The Central Government may, by order published in tlie Official Gazette, authorise 3[any Commissioner of Customs or Commissioner of Central Excisel or Commissioner of Income-tax or any other officer of the Central Govemment of equivalent rank to perform the functions of the competent authority under this ChaPter.

(2) The competent authorities shall perform their functions in respect of such persons or classes of Persons as the Central Govemment may, by order, direct.

2.

3.

Subs. by Act 16 of 2014, s€c. 20(b), for clause (h) (w.e.f, 1-&2014, ttide S.O. 1183(E), dated 30th April, 2014). Clause (h), before substitutioo stood as unde(

"(h) "property" means PloPetty dnd assets of every descriPtion, whether corPoreal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such ProPerty or asscts, delived from, or used in, the illicit traffic;".

Subs. by Act 9 of 2001, sec. 33, for Proviso (w.e.f. 2-10-2001).

Subs. by Act 16 of 2074, sec.21, tor " af.y Collector of Customs or Collector of Central Excisa"

(w.e.f. 1-5-2014,.,r'de S.O. 1183(E), dated 30th April,201a).

45

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, irlace, p.operiy, aisets, documents, books of account h any bank or public finincial iirstitutio. o.

".,yother relevant matters,

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such $ileqtions or guidelines as the competent authority may make or issue in this behalf.

...58F. Seizure or freezing of illegally acquired property.-(1) Where any officer conducting an inquiry or inveitigatiorl under seclion- 68E has reason to believe that any property in relation to wt.ich such inquiry or investigation is

being conducted is an illegally acquired property and such'property islikety to

be concealed, transferred or dealt with in any manner which will result in

frustrating any proceeding relating to forfeituie of such property under this

Chapter, he may make an order for seizing such property and wirere it is not

prac_ticable to seize such property, he may make an brder that such property

shall not be transferred or otherwise dealt with, except with the prior peimissioir

of the officer making such order, or of the competent authority and a copy of

such order shall be served on the person concemed:

?rovided that the competent authority shall be duly informed of any order

made under this sub-section and a copy of such an order shall be sent to the

competent authority within forty-eighi hours of its being made.

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made.

Explanatiott.-For the purposes of this section, "transfer of property" means any dispositiorL convevance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoin& mcluoes-

(a) the creation of a trust in property:

(b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;

(c) the exercise of a power of appointment of property vested in any person, not the owner of the property, to determine its disposition in favour of :rny person other than the donee of the power; and

(d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person. 58G. Management of properties seized or forfeited under this Chapter.-

(l) The Central Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of a Joint Secretary to the Govemment) as it thinks fit, to perform the functions of an Administrator.

1. Subs. by Act 9 of 2001, sec. 34, for sub-section (1) (w.e.f. 2-10-2001).

46

(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub_ section⁽¹⁾ of section 68F or under section d&I in such manner and subject to such conditions as may be prescribed.

(3) The Adminishator shall also take such measures, as the Central Govemrnent may direct, to dispose of the property which is forfeited to the Central Govemrnent.

68H. Notice of forfeiture of property._(1) If, having regard to the value of l9 ^tfl"..,j* held by any perion to _whom this Chipter" applies, either byhxns€lt or ttrrough any,other person on his behalf, his known sources of incomi, earmngs or assets, and any other information or material available to it as a

result ot a report from any officer making an investigation under section 6gE or

9T9l"ts9, the competent authority has reason to believe (the reasorrs for sLrch

behet to be recorded in writing) that all or any of such properties are illegally

acquired properties, it may s€rve a notice upon such person (ilereinafte. refeirei to a:..thj person affected) calling. upon him within a period of thirty davs specified in the notice to indicate. the-sources of his income, eamrngs or assets,

out of which or by means of which he has acquired such property, tire evidence

on which he relies and other relevant inlormition ana pa'rticuta.s, and to show .,"T" thf all or..any _of such properties, as the case'may be, should not be declared to be _

illegally acquired properties and forfeited to the CentralUoverTunent under this Chapter.

(2) Where a notice under sub-section (1) to any person specifies any property a9 !9ing ndd on behalf of such person by urry otti"i p"..o.,i a copy of the notice shall also be served upon such other oelonil[Provided that no notice for forieiture shall be served upon:rny person referred to in clause (cc) of sub-section (2) of section eSA orledtive

"f; ;;;;;;referred to in that clause or associate of 'a person .efe..uJ to in that clause orholder of any proDertv which was at any time previously nefa Uy a fersonreferred to in tfrat ctauie.; -

zlExplanation.-For the removal of doubts, it is hereby declared that in a case

yh9..9 h" provisions of section 6gJ are applicable,

"" .ioti." ,.a", this section shall be invalid merely on the gro'nd tnai it rait to -".rio.r tt"

"uidence relied upon or it fails to establish a direct nexus between the property sought to be t .t:*9 3l1Ty ac(iviry in contravention of tf," p.*i.i5nJ'ot ,r,i. a.t.1 _-_.*-:.. .ott"tlTe.ot property in certain cases._(l) The competent authority

1:Il utt"l."oryig9ring _th9 explanatiory it any, to the show cause notice issued under section 68H, and the materials availabie before it and after giving to the person affected (and in a case where_ the p".sor,

"ffe.t"Jⁱ oid" ;y p-."p";t :1".:il1:1,^-^1" loti:." rygl$ ]ny other p"^.". ,o ;;.h ;th;. person arso) a :1'111?,: opportunity of being heard,.by order, record a finding whether all'or -y:, T: properties- in question are illegally acquired properlres: r-rovt(led that it the person affected (and in a iase wherd the person affected *l*^rll^1.,.f"-.ty specified.in rhe noriie through ;i';th;r;".ron such orherpe:son 3bol.99es not appear before the competeni authority or represent his case before it within a period of thirty days speilfied in the sirow cause notice, the -i. n"]y a"t e

"f 2001, sec. 35 (w.e.f. 2-1G20ot).

2. Ins. by Act 16 ot 2014, sec, 22 (w.e.f. t-5i20t4, vtde S.O. ltS3(E), dared 3oth April,2014).

47

able to identify specifically such properties, then, it shall be lawful for the

competent authoriiy to speiify the properties which.,. to the best of^its iudgment,

are illegally acquir'ed p.op".il"s and iecord a finding accordingly under^sub-

section^(1).

(3) Where the comPetent authority records a finding under this section to the effect that utty p.op".ty is illegally aiquired property, it shall declare that such property shail, 'sublect' to the p.otrisions of this Chapter stand forfeited to^the bentral' Govemment free from all encumbrances: - ilProvided that no illegally acquired proPerty of any person who is referred to in clause (cc) of sub-seclion (2) of section b8A or relative of- a person referred

io i" tt ut clause or associate of a person referred to in that clause or holder of

anv property which was at any time previously held by a person referred to in

tfrat ctause ihall stand forefeited.l -

1+1 Wf,ere any shares in i compary stand forfeited to the Central

Govemment undei tt is Chapter, then, the company shall, notwithstanding

"rtti'i"" contained in the Companies Act, 1956 it of tg55) or the article^of ;rili;iil oi th" .o-p*y, forthwith register the Central Government as^the transferee of such shares. ----'igJ.

B*a"" of proof.-In any proceedings under this Chapter, the burden of proving that any ProPerty sPecified in the notice served under section 68H is not

illeealli acquir6d'propeity lrratt be on the Person affected' "--'Ai<. Fiil" in lieu'of iorfeiture.{1) where the comPetent authority makes a declaration that any Property stands forfeited to^the Central Govemment i^J". ,".tio., 681 and itls j casl *here the source of only a part of dre illegally

".o.ti."a property has not been proved to the satisfaction of the competent l"itr"tltv,'rt s'hall'make an order giving an oPtion lo the person affected to pay' in Ueu of forfeiture, a fine equal to the market value of such Part' -' -(4 B;f.* -rking an order imPosing a fine under sub-section (l)' the person atfu"t"a snutt be givJn a reasonabie opportunity of being heard' ----?3)

wh"." theierson affecred payd ih" fitte iu" under sub-section (l)' within

u.li'i;;;;;t'u" ,ilo*"a in init uenar, the competent authoritv mav' by

oiJ". .".,rok" the declaration of forfeihrre ,nder section 68-I and thereupon^such

DroDertv shall stand released. *"?;;: il;;e in relation to certain trust properties'-ln the case of any oerson referred to in sub-clause (vi) of clause ft) of section 68-8, if the comPetent

:;il;;lt.^;" the basis of the information and materials available to it' has reason

i" il"i[J" ttn" .u*ons for such belief to be recorded in writing) that any proPerty

i"iJi" t*tt is illegally acquired property, it may serve a notice uPon the author

"iti"-i""i.i"t tr;" cise rriay be,^the cotttributoi of the assets out of orby means of which such proPerty was acquired by !]re trusJ and the trustees' calling upon

tf."^ -imi" " ir".ioa

6f thirty

of monev ot othur assets out of or by means of which such ProPerty was acqurreo ;. ;t ?"*.;;;;uv^Le tl'," sori'ce of money or other assets which^were --l;. by A", 9 .f 2001, sec 36 (w e f 2-10-2001)'

48

. \x4.analion.-For the purposes of this section ,,illegally acquired property,,, in relation to any property held in hust, includes-

(i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relition to such author or contributor;

(ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquirediuch piopirty out of such contributions.

68M. Certain transfers lo be null and void.-Where after the making of an order

'nder

sub-section (l) of section 68F or the issue of a notice under iection 68H or under section 68L, any property referred to in the said order or notice is fransferred by any mode whatsoever such transfer shall, for the purposes of the proceedings lndcr the Chapter, be ignored and if such property is subsequently forfeited to the Central Govemment under section 6g-1, it

"", tt i transfer of sucir property shall be deemed to be null and void. 68N. Constitution of Appetlate Tribunal.-(1) The Central Govemment may, by notification in the Official Gazette, constitute an Appellate Tribunal to be called the A?pellate Tribunal for Forfeited property consiii.ing of a Chairman and such number of other members (being officers of ttre Cential Govemment not below the rank of a joint Secretary -to the Government) as the Central Govemment think fit, to be- appointed by that Govemment for hearing appeals agarnst the orders made under section 6gF, section 6g-I, sub_section 1q ot iection 68K or section 68L.

,⁽²⁾ the Cll1m3n of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of the Supreme Court oi of a High Court.

(3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed.

58-O. Appeals,-(1) 1[Any officer referred to in sub-section (1) of section 6gE :]:."y l^"j.o" 3.Cg.i"^ugd by an order of rhe competent authorityl made undersechon 6El, sechon 68-I, sub-section (l) of section 6gK or section 6gL, may, within forty-five days from the date on which the order is served o., him, prefe. an

appeal to the Appellate Tribunal;

.Provid-ed th,rt the Appellate Tribunal may entertain an appeal after the said p".lt99 9t lorty{ive days, but not after sixty days, from the diie aforesaid if it is :il"tl:q T.rt the appellanr was prevented by sufficient cause from filing the appeal rn time.

, tr).g receipt of an appeal under sub-section (1), the Appellate Tribunal m?I,

:.tter

grvrng an opportunity to the appellant to be heard, if he so desires, and arter makrng such further inquiry as it deems fit, confirm or set aside the order appealed against.

1. Subs. by Act 9 of 2001, *c.37, for..Any person aggrieved by an order of the competent authority" (w.e.l 2-10-2001).

49

(3) The powers and ftrnctions of the Appellate Tribunal may be exercised and dischirged by Benches consisting of three members and constituted by^the Chairman of the Appellate Tribunal.

( ) Notwittrstairiling anything contained in sub-section (3), where the Chairman considers it necessiry so to do for the expeditious disposal of appeals under this section, he may constitute a Bench of two members and a Bench^so constituted may exercise and discharge the powers and functions of^the Appellate Tribunal: "Provided that if the members of a Bench so constituted differ on any point or Doints, thev shall state t}le point or Points on which they differ and refer the sarile to a thiid member (to be specifiid by the Chairman) for hearing of zuch poini - pol"t" and such point'or pointj shall be decided according to the oDinion of that member: ' l[Provided further that if the office of the Chairman is vacant !Y ryason- 9f his death, resignation or otherwise, or iI the Chairman is unable to discharge his duties owing io absence, illness or any other cause, ttre- C€ntral Goverrunent may, by orJer, nominate any membei to act as the Chairman until a^new

Cr,ii.^'* is appointed and aisumes charge or, as the case may be, resumes his duties.l

(5) The Appellate Tribunal may regulate its own procedure' ill^Ott

"birf i""tLn to the elpellate Tribunal and on payment of^the p."tliib"d fee,'the Tribunal may illow a Party to any apP€al or any Person i"iit".i."a in ti'ris benaf by such party to insPeci at any tirne during office hours' *V t"f""*t records and iegisters of-the Tribunal and obtain a certified copy of any part thereof. ' igp. Noti"" or otder not to be invalid for eror in description'-No notice issued or served, no declaration made, and no order passed under this Chapter JuU U" a""-"a b be invalid by reason of any erroi in the description o-f the oioo".W o. o"o"" mentioned tlierein if such property or Person is identifiable iiorir tn" deicription so mentioned.

68Q. Bar of jurisdiction'-No order passed or declaration made under this Chaptel shall be'appealable excePt as provided therein and no civil court shall iu"J iurirai.tio" in'resPect of any matier which the lPPellate Tribunal or any

comDetent authority is empowerJd by or under this Chapter to determine' and

""'riir".,r""

ttt"ff''b" g."tit"d by anf court or other authority in respect of^any

""r"rl*"i."" "i "

be taien in puisuance of any pot"er conferred by or under this Chapter. '^'-[i'i,

Co-p"tent Authority and Appellate Tribunal.to have p.owers of.civil .."ri-rr-t" .6-petent authoiity and'tlre Appellate Tribunal shall have all^the ,o*".t ti

"

iiuii .oo.t while tiying a suit under the Code of Civil Procedure' ifOa 1S of 1908), in resPect of the following matters, namely:--- -- '- (") ,,r#r,o.,it g and enforcing thle attendance of any person and examining him on oath;

(b) requiring-the discovery and production of documents;

(c) reciiving evidence on affidavits; (di requisiti"oning any public record or copy thereof from any court or office;

l-GJiElIo^of 2014, s€.. 23 (w.e.f 1-s-2014, ride so 1183(E)' dated 30th Aprn' 2014)'

50

(e) issuing commissions for examination of witnesses or documents;

(f) any other matter which may be prescribed. 58S. Infomration to competent authority.--(1) Notwithstandint anything contained in any other law, the competent authority shall have Power to require anv officer or authoritv of the Central Govemment or a State Govemment or^a loial authority to furirish information in relation to such persons, Points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purp'oses of this Chaptdr.

(2) Every officer referred to h section 68T may fumish suo motu any information available with him to the competent authority iI in the opinion of the officer suih information will be useful to the competent authority for the purposes of this Chapter.

68T. Certain officers to assist Administrator, competent authority^and Appeliate Tribunal.-For the purposes of any proceedings under this Chapter, the following officers are hereby empowered and required to assist the Administrator appointed under section 58G, competent authority and tlrc Appellate Tribunal, namely:-

(a) officers of the Narcotics Conhol Bureau;

(b) officers of the Customs Departmen|

(c) officers of the Central Excise Department;

(d) officers of the Income-tax Deparhnenq

(e) officers of Enforcement appointed under the Foreign Exchange Regulation Act,7973 @6 of 7973);

(f) officers of Police;

(g) officers of the Narcotics Departmeng

(h) officers of the Central Economic Intelligence Bureau;

(i) officers of the Directorate of Revenue Intelligence;

(i) such other officers of the Central or State Govemment as are specified by the Central Government in this behalf by notification in the Official Gazette

58U. Power to take possession.-(1) Where any property has been declared to be forfeited to the Central Govemment under this Chapter, or where the person affected has failed to pay the fine due under sub-section (1) of section 68K within the time allowed therefor under sub-section (3) of that sectiorL the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed under section 68G or to any person duly authorised by him in this behalf within thirty days of the service of the order.

(2) If any person refuses or fails to comply with an order made under sub- section (1), the Administrator may ta-ke posdeislon of the property and may for that purpose use such force as may be necessary.

(3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of any property referred to in sub-section (1) requisition the service of any police officer to assist him and it shall be the duty of such officer to comply with such requisition.

51

Provided that if any such amendment is likely to affect any person prejudicially, it shall not be made without giving to such person a reasonable opportunity of being heard.

58W. Findings under other laws not conclusive for proceedings under this Chapter.-No fhding of any officer or authority under any other law shall be conclusive for the purposes of any proceedings under this Chapter. 58X. Service of notices and orders.-Any notice or order issued or^made under this Chapter shall be served-

(a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent;

(b) if the notice or order cannot be served in the manner providedⁱⁿ clause (a), by affixing it on a conspicuous place in the Property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whom it^is intended is known to have last resided or carried on business or personally worked for gah'

68Y. Punishment for acquiring proPerty in relation to which proceedings have been taken, under this Chapter.-Any person who knowingly acquired, by any mode whatsoever, any proPerty in relation to which proceedings are pCnding under this Chapter shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees.l

1[582. Release of property in certain cases.-(1) Where the detention order of a detenu is set aside or withdrawn, Properties seized or frozen under^this Chapter shall stand released.

(2) Where any person referred to in clause (a) or clause (b) or clause (cc) of sub-section (2) of section 68,{ has been acquitted or discharged from the charges under this Act or any other corresponding law of any other country^{and the} acquittal was not appealed against or when appealed against, the appeal^was disposed of as a consequence of which such property could not be forfeited or wairant of arrest or authorisation of arrest issued against such person has been withdrawn, then, proPerty seized or frozen under this Chapter shall stand released.l

CHAPTER VI

MISCELLANEOUS

69. Protection of action taken in good faith.-No suit, Prosecution or other legal proceeding shall lie against the Central Govemrnent or a State Govemment oiany officer of the Central Govemment or of the State Govemment or any other person exercising any Powers or discharginS. any functions or Preforming.any duties under thG Acl, lor anything in good faith done or intended to be done under this Act or any rule or order made thereunder.

1. Ins. by Act 9 of 2001, sec. 38 (w.e f. 2-10-2001).

52

70. Central Govetnment and State Government to have regard^to international conventions while making rules.-Wherever under this Act^the Central Government or the State Govemment has been emPowered to^make rules, the Central Govemment or the State Govemrnent, as the case may be, subiect to other provisions of this Act, may while making the rules have regard to the provisions of the Single Convention on Narcotic Drttgs, 1967, the Protocol of 1972 amending the said Convention and of the Convention on PsychotroPic Substances, 1971 to which Lrdia is a party and to the provisions of any other intemational convention relating to narcotic drugs or psychotropic substances to which lndia may become a party.

71, Power oi Government to establish centres for identificatioru treatment, etc., of addicts and for supply of narcotic drugp and PsychotroPic subetances.-

(1) 1[The Govemment may establis[ recognise or approve as many centres as it thinks fit for identificatiory treahnent, managementl. educatiory after-care, rehabilitation, social re.integration of addicts and for supply, subiect to^such conditions and in such manner as may be prescribed, by the concemed Govemrnent of any narcotic drugs and psychotroPic substances to the addicts registered with the Govemrnent and to others where such suPply is a medical necessity.

(2) The Govemment may make rules consistent with this Act providing for the establishment, appointment, maintenance, management and suPerintendence of, and for supply of narcotic drugs and psychotropic substances from, the centres referred to in sub-section (1) and for the apPointment, trainin& Powert duties and persoru employed in such centres.

72. Recovery of sums due to Government.{1) In resPect of any licence fee or other sum of any kind payable to the Central Govemment or to the State Govemment under any of the provisions of this Act or of any rule or order^made thereunder, the officer of the Central Goverrunent or the State Govemment, as the case may be, who is empowered to require the paymmt of such sum, may deduct the amount of such sum from any money owing to the person ftom whom such sum may be recoverable or due or may recover such amount or sum by attachment and sale of the goods belonging to such persons and if the amount of the same is not so recovered, the same may be recovered from the Person or from his surety (if any) as if it were an arrear of land revenue.

(2) When any person, in compliance with any rule made under this Act, gives a bond (other than a bond under section 34 and section 39) for the performance of any act, or for his abstention from any act, such performance ol abstention shall be deemed to be public duty within the meaning of section⁷⁴of the Indian Contract Act, 1,872 (9 of 7872); and upon breach of the conditions of such bond by him, the whole sum named therein as the amount to be paid in case of^such breach may be recovered from him or from his surety (if any) as if it were an arrear of land revenue.

73. Bar of iurisdiction.-No civil court shall entertain any suit or proceeding agairst any decision made or order passed by any officer or authority under this Act or under any rule made thereunder on any of the following matters, namery:-

1. Subs. by Act 16 of 201,4, e€'.'24, for "The Govemment may, in its discretion, establislL as many centres as it thinks fit lor identificatiory keatment" (w.e.f. L-r2014, t ide 5.O. 1183(E), dated 30th Apri, 2014).

53

(a) withholding, refusal or cancellation of any licence for the cultivation of the opium poppy;

(b) weighment, examination and classification according to the quality and consistence of opium and any deductions from, or addition t6, the standard price made in accordance with such examination;

(c) confiscation of opium found to be adulterated with any foreign substance.

_ 74. Transitional provisions.-Every officer or other employee of the Govemment exercising or performing immediately before the commencement of this Act, any powers or duties with respect to any matters provided for in this Act, shall, on such commencement, be deemed to have been appointed under the relevant provisions of this Act to the same post and with the same designation as he was holding immediately before such commencement. 1[74A. Power of Central Government to give directions,-The Central Govemment may give such directions as it may deem necessary to a State Govemment regarding the carrying into execution of the provisioru of this Act, and the State Goyernment shall comply with such directions.l 75, Power to delegate.-(1) The Central Govemment may, by notification in the Official Gazette, delegate subject to such conditions and limitations as may be specified in the notificatioru such of its powers and functions under this Act (except the power to make rules) as it may deem necessary or expedient, to the Board or any other authorify or the Narcotics Commissioner.

(2) The State Goverrunent may, by notification in the Official Gazette, delegate, subiect to such conditions and limitations as may be specilied in the notificatiorL such of its powers and functions under this Act (except the power to make rules) as it may deem necessary or expedient, to any authority or officer of that Govemment.

76. Power of Central Govemment to make rules.-(1) Sublect to the other provisions of this Act, the Central Govemment may, by notification in the Official Gazette, make rules for carryhg out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the method by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses (v), (vi), (xiv) and (xv) of section 2;

(b) the form of bond to keep the peace to be executed under section 34;

(c) the form of bond to be executed for release of an addict convict for medical treatrnent under sub-section (1) of section 39 and the bond tO be executed by such convict before his release after due admonition under sub-section (2) of that section;

2[(ca) the manner in which "controlled delivery" under section 50A is to be undertakenl

(d) the authority or the person by whom and the manner in which a document received from any place outside India shall be authenticated under clause (ii) of section 55; Ins. by Act 2 of 1989, sec. 20 (w.e,f, 29-5-1989). Ins. by Act 9 of 2001, sec. 39 (w.e.f. 2-t0-2001). t.

2.

54

(db) the terms and conditions of service of the Chairman and other members of the Appellate Tribunal under sub-section (3) of section 68N;

(dc) the fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal or for obtaining the certified copy of any part thereof under sub-section (5) of section 684; (dd) the powers of a civil court that may be exercised by the competent authority and the Appellate Tribunal under clause (f) of section 58R; (de) the disposal of all articles or things conJiscated under this Acq (df) the drawing of samples and testing and analysis of such samples; (dg) the rewards to be paid to the officer, informers and other personsl

(e) the conditions and the manner in which narcotic drugs and psychotropic substances may be supplied for medical necessity to the addicts registered with the Central Govemment and to others under sub-section⁽¹⁾ of section 71;

(f) the establishment, appointment, maintenance, management and superintmdence of centres established by the Central Govemment under sub-section (1) of section 71 and appointment, trainin& powers and duties of persons employed in such cennes;

(g) the term of office of, the manner of filling casual vacancies of, and the allowance payable to, the Chairman and members of the Narcotic Drugs and Psychotropic Substances Consultative Committee and the conditions and restrictions subject to which a non-member may be appointed to a sub-committee under sub-section (5) of section 6;

(h) any other matter.which is to be, or may be, prescribed.

77. Rules and notifications to be laid before Parliament.-2[Every rule made under this Act by the Central Govemment and every notification or order issued under clause (viia), clause (xi), clause (xxiiia) of section 2, section 3, section 7A, section 94. and clause (a) of section 27 shatl be laid, as soon as mav be, after it is made or issuedl, before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agee that the rule or nofification should not be made or issued, the rule or the nodEcadon shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modilication or annulrnent shall be without prejudice to validity of anything previously done under that rule or notification. 78, Power of State Government lo make rules._(l) Subiect to the other provisions of this Act, the State Govemment may, by notification in the Official Gazette, make rules for carryint oul. the purposes of this Act.

(2) Without preiudice to thi generaliiy of thb foregoing power, such rules may provide for all or any of the following matters, namely:-

1. Irs. by Act 2 of 1989,sec. 2l (w.e.t 29-!1989).

2. Subs. by Act 9 of 2001, s€c. 40, for c€rtah words (w.e,f. 2-1G2001).

55

(a) the conditions and the manner in which narcotic drugs and psychotropic substances shall be supplied for medical necessity to the addicts registered with the State Government and others under sub-section (1) of section 71;

(b) the establishment, appointment, maintenance, management, superintendence of centres established under sub-section (1) of section 71 and appointmenL trainin& powers and duties of persons employed h such centres;

(c) any other matter which is to be, or may be, prescribed.

(3) Every rule made by a State Govemment under this Act shall be laid, as soon as may be after it is made, before the legislahrre of that State.

79. Application of the Customs Aet, L962,-All prohibitions and restrictions imposed by or under this Aci on the import into India, the export from lndia and transhipment of narcotic drugs and psychotropic substances shall be deemeil to be prohibitions and restrictions imposed by or under the Cwtoms Act, 1962⁽⁵² of 1962) and the provisions of that Act shall apply accordingly:

Provided that, where the doing of anything is an offence punishable under that Act and under this Act, nothing in that Act or in this section shall prevent the offender from being punished under this Act.

80. Application of the Drugs and Cosmetics Act, 1940 not barred.-The provisions of this Act or the rules made thereunder shall be h addition to, and not in derogation of the Drugs and Cosmetics Act,1940⁽²³ of 1940) or the rules made thereunder.

81. Saving of State and special laws.-Nothing in this Act or in the rules made thereunder shall affect the validity of any Provincial Act or an Act of any State tegislah.rre for the time being in force, or of any rule made thereunder which imposes any restriction or provides for a punishment not imPosed by or provided for under this Act or imposes a restriction or provides for a punishment treater in degree than a corresponding restriction imposed by or a corresponding punishment provided for by or under this Act for the cultivation of cannabis plant or consumption of, or traffic ir"r,^any narcotic drug^or psychotropic substance within India. - '

82. Repeal and savings.{l) The Opium Act, 1857 (13 of 1857), the Opium Act,7878 (f of 1878) and the Dangerous Drugs Act, 1930 (2 of 1930) are hereby repealed. - (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under any of the enactments rePealed by sublsection⁽¹⁾ shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisioru of this Act.

83. Power to remove difficulties'-(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Govemment may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as apPear to it to 6e necessary or expedient for removing^the difficulty:

Provided that no such order shall be made after the expiry of a period of three vears from the date on which this Act receives the assent of the President' (Zj Every order made under this section shall, as soon as may be, after it is made. be laid before the Houses of Parliament'

56

THE SCHECULE

[See clause (xxiii) of section 2]

LIST OF PSYCHOTROPIC SUBSTANCES

sl.

No.

Intemational non-propdetary Other non-Proprietary names nalneE

Chemical^name

1.

2.

3.

4. (+)-LYSERGIDE

7. ETICYCLIDINE

8. ROLICYCLIDINE

10. PSILOCYBINE

11.

12, TENOCYCLIDINE

IU3. TETRATTYDROCANNA

BIONAL

t4.

16. AMPHETAMINE

17. DEXAMPHETAMINE

18. NGCLOQUALONE

N, N-Diethyltty ptamine 3-(1,2-Dimethylthpty)-I-hydroxy-28,9,10, tetrahydlo{, 5,

9-himethyl{Hdibenzo [b, d] pyran N, N-Dimethyltry ptamine

(+) N, N-diethyllysergamide {dlysergic acid diethylamide)

3A,s-Trimethoxyphenethylamine 3-Hexyl-1-hydtoxy-7,8,9,

10-tehahydro{,6,

9-trimethylSHdibenzo [b, dl Pyran N-Ethyl-i?hencly dohexy lamine 1-(1-Phenylcyclohexyl) pyrrolidine 3(2-Dimethylamineothyl)4-

hydroxyindole

3-(2-Dimedrylarninoeth)-indol4yl dihye- drogen phosphate.

2-Amino-1-2., 5-dimethoxy-4-methyl) phenylpropane

1-[1-(2)-Thienyl) cyclohexyl] piperidine 7,8,9,1o-tetrahydto-5, 5, 9-trimethyl-3- pentyl-5H-dibenzol [b,d] pyran-lOll^(9R, 10aR)-8,9, 10, 10a-tetrahydro-6,5,9- t!imethy-3-pentyl-6H-dibenzol Ib,d] pltan-IOl

(6aR. 9R-10aR)-6a,9,10, l0a-tet.hydro- 6,6,9-trimethyl-3-pentyl-6H-dibenzo (bd) p''ran I{I.

(6aR, 10aR)-6a,7,10. l0a-tehahydro-5,5, 9-t!imethyl-3-pentyl-6H-dib€nzoIb,d] p,.ran-lOl

(6aR, 10aR)-6a,2 8, 10,10a-hexahy&o 6,6 diglethyl-I-9-methylene-3-pentyl-6H- dibenzo [bd] pyranlOl

2"5dimethoxy-4-bromoamphetamin€ 31,-methylenedioxy amphetamine (l)-2-Amino-I-Phenylpropane

(+)-2-Amino-I-phenylpropane

3-(O-Chlorophenyl)-2-methyl-4(3H)- quinazolinone

DET

DMHP

DMT

tsD tsD25 meascaline parahexyl

PCE

Psilocine, psilotsin

STP, DOM

TCP

DOM

MDA

1. Subs. by S.O. 785 (E), dated 26th Octobet, 1992.

57

19. METHAMPHETAMINE (+)-2-Methyeaminol-phenylpropane

20. METHAQUALONE 2-Methyl-3-0-tolyl-4(3H)-quinazolinone

21. METHYLPHENIDATE 2-Phenyl-2(2-piperidyl) acetic acid, methyl ester

22. PHENCYCLIDINE PCP I-(I-Phenylcyclohexyl) piperidine

23. PHENMETRAZINE SMethl-2-phenyldorpholine

24. AMOBARBITAL 5-Ethyl-5(lmethylbutyl) barbitudc acid

25. CYCLOBARBITAL 5-(I-Cyclohexenl-yl)-5-ethylbarbituric acrd

26. GLUTE'IHIMIDE 2-Ethyl-2-phenylglutarihidc

27. PENTAZOCINE 1,2,3,4,5,6-Ho<6hyd.to-6,1l-dimethyl-3-(3- me t h yl - 2 -b u te n yl)^- 2,6 - me tha no^- 3-benzazocin-8-ol

n. PENTOBARBITAL 5-Ethyl-!(I-methylbutyl) barbituric acid

29. SECOBARBITAL 5-Aly-5-(l-methylbutyl) batbituric acid

30. ALPRAZOLAM 8-Chloro-l-methyl4-phenyl-4H-s-triazolo I J,-al I a] benzodiazepine.

31. AMFEPRAMONE 2-(Dethylamino) propiophenone 32, BARBITAL 5, s-Dethylbarbituric^acid

33. BENZPIIETAMINE N-Benzyl-N d-dimcthylphenethyamine

34. BROMAZEPAM 7-Bromo-I, 3-dihydro-5-(2-pyridyl)-2H-1, 4-benzodiazepin-2-one

35. CAMAZEPAM 7-Chloro-I, 3-dihydro-3-hydroxy-I- methyl-5-phenyl-2H-I. 4-benzodiazePin-2- one dimethylcarbamate (ester)

35. CHLORDIAZEI,OXDE 7 {hloro-2-(Methylarnino)-5-Phenyl-3^H- 1, 4-benzodiazepine4-oxide

37. CLOBAZAM 7{hloro-l-methyl-}phenyl-lH-1, tbenz^o diazepine-2, 4(3lt sH)dione.

38 CLONAZEPAM 5-(0-Chlorophenyl)-1, 3-dihydro-7-nitro- 2H-I, 4-benzodiazepin-2-one

39. CLORAZEPATE 7

40. CLOTIAZEPAM 5-(0{NoroPhenyl)-7-ethyl-1, 3-dihydro-1 '-methyl-2H-thieno 12, 3-el-1' 4-diazePi* 2-one

41. CLOXAZOLAM 10-Chloro-11b-(0-chloroPhenyl)-2, 3,^7, 1t b-te trahydroox^a zolo-[3, 2-d] [1,4] benzodiazepin-6 (sH)-one)

42, DETORAZEPAM 7-Chloto-5-(0-chlorophenyl)-1'3-dihydro 2H-1, 4-benzodiazePin-2-one

43. DIAZEPAM 7{hloro-1, kihydro l-methyl-5-Phenyl- 2H-1 4-benzondiazePin-2-one

44. ESTAZOLAM 8-Chloro-6-phenyl-4H-s-triazolo [4,3- all1,4] benzodiazePine

58

No.

International non-ProPrietary

names

Other non-proprietary

lurmes

Chemical^name

45.

46.

47.

48.

49.

50.

54.

ETHCHLOR'./YNOL

ETHINAMATE

ETTryLLOFLAZEPATE

FLUDIAZEPAM

FLT'NITRAZEPAM

FLURAZEPAM

HALAZEPAM

HALOXAZOLAM

KETAZOLAM

LEFETAMINE^SPA

I-OPRAZOLAM

LORAZEPAM

LORMETAZEPAM

MAZINDOL

MEDAZEPAM

MEPROBAMATE

METFTYLP}IENOBARBITAL

METHYPRYLON

NIMETAZEPAM

NITRAZEPAM

NORDAZEPAM

Ethyl-2{hlorovinylcthynylcarbhol 1-Ethynylcyclohexanolca rbama te Ethyl 7-chlor.,-5-(0-fluoroPhenyl)-2,3- dihydro-2oxo-1H-1, 4-benzociazepine-3- carboxylate

7{htoro-5-(0-Iluoropheny)-1, 3-dihydro- 1-methyl-2H-1, 4-benzodiazePin-2-one 5-(0-Ftuoropheny)-1, 3-dihydro-1-methyl- 7 -nitr o -2lf-1, 4-benzodiazePin-2-one 7-Ch,Ioro-1-[2-(diethylamino) ethyl] -5-(0- fluorophenyl)-1, 3-dihydto-2H-1,^4- benzodiazepin-2-one

7-Chloro-1, 3-dihydro-5-Phenyl-1-(2,2,² trifluoroethyl) 2H-1, 4-benzodiazePin' 2-one

10-Bro mo- 1 1b-0- fl uoroPhenyl)-2,3 '7, 11b-tetrahydrooxazolo [3, 2-d][1,^a]- benzodiazepin{ (sH)-one

11-chloro-8, 12b-dihydro-2, 8-dimethyl- 12b-phenyl4H-[1, 3]-oxazino-[3,^2-dl [1,4] benzodiazepine4, 7(6tl)-dione (-)-1-Dimethylaminc l, 2iiPhenylethane 6-(0-Chlorophenyl)-2, 4-dihydro-2-[(4- methyl-1-piperazinyl) methylenel-8-nitro- 1H-imidazo[1,2-a] [1,4] benzodiazcpin-1- T-ch.loro-5-(0-cNorophenyl)-1, 3-dihydro- 3hydroxy-2H-1, 4-benzodiazePin-2-one 7-Chloro-5-(0-chlorophenyl)-1, 3-dihydro- 3,-hydroxy-1-methyl-2[I-1 4-benzodia- zepin-2-one

5-(p-Chlorophenyl)-2,5-d ihydro-3-H- irnidazo [21-x] isoindol-s-ol 7 -Chlor o-2, 3-dihydro-1-methyl-Sphenyl- 1H-1, 4-benzodiazepine

2-Methyl-2-propyl-1, 3-propanediol dicarbamate

5-Ethyl-1-methyl-5-phenylba$ituric^acid 3, 3-DiethyI-5-methyl-2, 4-PiPeridine- doine

1,3 Dihydro-l methyl-7 nitto-5-Phenyl-

59

66 OXAZEPAM

O OXAZALAM

68. PI.IENDIMETRAZNE

69, PHENOBARBITAL

70. PHENTERMINE

71,, PINAZEPAM

72. PIPRADROL

73. PRAZEPAM

74. TEMAZEPAM

75. TETRAZEPAM

76. TRIAZOLAIVI

)177. CATIIIONE

78.

79.

80.

81.

7-Chloro-1,3-dihydro-3-hydroxy-5-phenyl- 2H-1, 4-benzodiazepin-2-one

10-Chloro-2, 3, 7, 7lb-telrahydro-2- methyl-1 lb-phenyloxazolo (3,2,-d) 11,4) benz odiazepin-6-(5H)-one

(+)-3, 4-Dmethyl-2-phenylrnorpholine 5-Ethyl-5-phenylbarbituric acid a,a,-Dimethylphenethylamine

7-Ch Io ro- l, 3-dihyd ro-5-p heny- l -(2- p!opynyl)-2H-1, 4-benzodiazepin-2-one 1,1-Diphenyl-1-(2?iperidyl)-metJranol 7-Chloro-1-(cyclopropylmethyl)-1, 3- dihydro-5-phenyl-2H 1, 4-benzodiazepin- 2-one

7-Chloro-1, 3-dihydro-3hydroxy-l-methyl- 5-phenyl-2H 1, 4-benzodiazepin-2-one 7{hloro-5-(cyclocxen-1-ly) 1, 3-dihydro- 1 n€thyl-2H-1, 4-benzodiazepin-2-one 8-Chloro-6-(0-chlorphcnyl)-1-methyl-4H- s-tnazolo(43ra (1,4) benzodiazepin. (-)(s)-2-aminopropophenone

(1)-2Jdimethoxy-a-metNJ?henethylamine (t)-4 ethyl -2, 5-dimethoxy-a- phenethylamine

(1)-N, a-dimethyl-3. 4-(methylene-dioxy) phenethylamine

DMA

DOET

MDMA

4-m€thylaminorex⁽ r )-ci6-2 -a mino-4-me thyl-5-phenyl-2 - oxazoune

82. MMDA 2-methoxy-a-methyl-4-5, (methylene- dioxy) phenethylamine

83. N{thyl MDA (a) N-ethyl-u-methyl-4, 4 (methylene- dioxy) phenethylamine

84. N-hydroxy MDA (t)-N(u-methyl 3.4-(methylenedioxy) phenethy hydroxylamine

85. PMA p-methoxy-a-methylphenethyamine E6. TMA (r)-3, 4, 5-trimethoxy-d-methylphenethy- larine

87. FENETYLINE 7-(2-(€-methylphenethyl) amino) ethyl-) theophyline

86. LFVAMFETAMINE levamphetamine (-)-(R)-d-methylphenethylarnine

89. lovomethamphetamine (-)-N-fc-methylphenedrylamine

1. Added by S,O. 785 (E, dated 26th October, 1992 and as corrected by S.O. 49 (E), dated 8th lanuarv. 1993.

60

51.

No. Intemational non-proPrietary names

Other non-proprietary names

Chemical^name

90. METAMFETAMINE methaophetamine

RACEMATE

91. delta-9r{tetrahY-. drocannabinol^and stereochemical variants

92. BUPRENORPHINE

93. BUTALBITAL

94 CATHINE (+lno?s€udo- ePnednne

95. ALLOBARBTTAL MEFENOREX

96. ETILAMFETAMINE N-ethylamPhetamine

97. FENCAMEFAMIN

98. FENPROPOREX

99. MEFENOREX

rOO. MIDAZOLAM

101. PEMOLINE

102. PYROVAERONE

103. SECBUTABARBITAL

104. VINYLBITAL

105. rutobarbital '[105A, ETRYPTAMINE

1058. METHCATHINONE

IO5C. ZIPEPROL

IO5D. AMINOREX

r05E. BROTIZOLAM

105F. MESOCARB

,[106.

107.

108.

109.

3[110.

{I1OA. KETAMINE

5111OB. MEPHEDRONE

+methyLErethcathinone (4-MMC)

4-methylephedrone 6[111.] Salts and ptepantions of above. (t)-N-p-dimethylphenethylamine mecnate

(6a-R, lOaR)-6a, 7, 8, l0a-tetrahydro-6, i, f-tti-"tt'i,t-a-penty 6l l-dibenz'o [b-d] ovran-OI

Zf , .u"too.oout-Z-u-[(S)-t-hydroxy- I -2, 2-irisiethi'l-pi6pvll6, 14-endo-ethano-o- 7,8, 14-tetia-}yd16oriPavine

5-allvl-5-isobutvlbarbituric^acid (+)-(h)-F-[(R)-I-aminoethyl] benzyl alco- bol

s,s-diallybarbituric^acid

N-ethyl-ir-methylphenethylamine N-ethyl-3-pher y-2-norbornanmine (i)-3-i(s-;ethyi,henethy) aminol proproxrt'ue

i,l(i chloropropyl)-a'methylphenethy- Iamine

8-chloro -6-a-(o-lluorophenyl)- 1- me thyl- 4H-imida?ol [, s-al [[ ] b;nzodiazePine 2-a mino-5-phenYl-2 -ox a zo lin-4-one(- 2-imino-S-plienyl-4-oxazolidinone) 4-methyl-2:(1-pir.olidinyl) valerophenone s-sec-butvl-s-ethvlbarbituric^acid 5-(1-metliylbutyti-5vinylbarbituric^acid 5-butyl-s-ethylbarbituric acidl (3-(2-;minobltyl) indole)

(2-(methylamino)-1 phenylpropan-1-one) (a-(a-methoxybenzyt)-4

(b methoxyphenethyl)-l-(PiPerazineetha- noI)

(2-amino-S-phenyl-2-oxazoline) { 2-bromo-4-)0-ch lo rop henv l) -9-me th vl - 6H-thieno (3,2-f)-s-triizolo' Ia,3,-al ll',al diazeoine)

(3-(B-;lethylphsnethyl-N-henylerbnmoyl) 5vdnone [Jlmel.

2C-B (4-bromo-2, 5

dirnethox'?henethylamine)

4-MTA (a' Methvl-{-Mthyl

thiophenethyln mihe)

GHB (r-Hyaroxybutyric Acid)

Zolpidem (INN)I

amineDtine (7J(10, l1-dihvdro-5H- dibenzb.[a,^a]

-cyclo hepteil-5-yl) aminol

neDtanorc acroJl

2-(2-cholorphenyl)-2-(methyl amino) ti.9z-methytarnino-t-(4-methylPhenyl) ProPan-r-onei

1. Added bv S.O. 39(E), dated l2th lanuary, 1996.

61

SUBSTANCES RULES, 19851

^ In exarcise of- the powers confered by xction 9, rcad with section 76 of the NarcoticDrugs and- Psychotropic Substances Act, 1985 (61 of 19SS), the Catral Gorenment hereby makes the foltowing rules, namely:-

^⁽²⁾ They shall come into force on the datd of their publication in the OfficialGazette.

2. Definitions.-ln these rules, unless the context otherwise requires,_

(a) "the Act," means the Narcotic Drugs and psychotropic Substances Act, 1985 (61 of 1985);

(b) "Appellate Authority,, means any authority to whom an appeal may lie under any provision of these rules;

. 3[(c) "Chemical Examiner,, means the Chemical Examiner or Deputy Chief Chemist or Shift Chemist or Assistant Chemical Examinei. Govemment Opium and Alkaloid Works, Neemuch or, as the case may be, Ghazipurl

(d) "Chief Controller of Factories,, means the Chief Controller of Govemment Opium and Alkaloid Factories;

4[(da) "Controfler of.Drugs" means the officer appointed as the controlling auUxority by the State Govemment under rule 50 of the Drugs and Cosmetics Rules, 1945 made under the Drugs and Cosmetiis Act,

"1940 (23 of '1940);l

(e) "crop year" means the period beginning on and from the 1st October of any year to the 30th Septernber of the following year; l[(ea) "Firm" mqrns a comp:rny, body corporate, proprietorship firm, parhrership firm, limited liability partnership firm, association of personst

4[[(eb) "Form" means a Form oppended to these Rulesl

(f) "General Manager" means the General Manager, Govemment Opium and Alkaloid Work, Neemuch or, as the case mav be, Ghazipur;

(g) "issuing authority" means the Narcotic Commissioner or any other officer who may be authorised in this behalf by the Central

CHAPTER 1

PRELIMINARY

1. Short title and

-(1) These rules may be called the Narcotic Drugs and Psychohopic Substances Rules, 19g5. Vide G.S.R. 837(E), dated 14th November, 1985, published in the cazefte of India, Extra., Pt. II, S€c. 3(i), dat€d 14th November, 1985.

Came into force on 14-11-1985.

Subs. C.S.R. 82, dated 14th February, 1995, for clause (c) (w.e.t 292-195). tns. by C.S.R. 359(E), dated 5th May, 2015 (w.e.t 5-t2015).

l

2.

3.

4.

62