The Narcotic Drugs and Psychotropic Substances Act
An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances , to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances and for matters connected therewith.1985
List of Chapters & Sections
PRELIMINARY
AUTHORITIES AND OFFICERS
NATIONAL FUND FOR CONTROL OF DRUG ABUSE
PROHIBITION, CONTROL AND REGULATION
OFFENCES AND PENALTIES
PROCEDURE
FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY
MISCELLANEOUS
PRELIMINARY
AUTHORITIES AND OFFICERS
NATIONAL FUND FOR CONTROL OF DRUG ABUSE
PROHIBITION, CONTROL AND REGULATION
8Prohibition of certain operations8AProhibition of certain activities relating to property derived from offence9Power of Central Government to permit, control and regulate9APower to control and regulate controlled substances10Power of State Government to permit, control and regulate11Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment12Restrictions over external dealings in narcotic drugs and psychotropic substances13Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent14Special provision relating to cannabisOFFENCES AND PENALTIES
15Punishment for contravention in relation to poppy straw16Punishment for contravention in relation to coca plant and coca leaves17Punishment for contravention in relation to prepared opium18Punishment for contravention in relation to opium poppy and opium19Punishment for embezzlement of opium by cultivator20Punishment for contravention in relation to cannabis plant and cannabis21Punishment for contravention in relation to manufactured drugs and preparations22Punishment for contravention in relation to psychotropic substances23Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances24Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 1225Punishment for allowing premises, etc., to be used for commission of an offence25APunishment for contravention of orders made under section 9A26Punishment for certain acts by licensee or his servants27Punishment for consumption of any narcotic drug or psychotropic substance27APunishment for financing illicit traffic and harbouring offenders27BPunishment for contravention of section 8A28Punishment for attempts to commit offences29Punishment for abetment and criminal conspiracy30Preparation31Enhanced punishment for offences after previous conviction31ADeath penalty for certain offences after previous conviction32Punishment for offence for which no punishment is provided32ANo suspension, remission or commutation in any sentence awarded under this Act32BFactors to be taken into account for imposing higher than the minimum punishment33Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 195834Security for abstaining from commission of offence35Presumption of culpable mental state36Constitution of Special Court36AOffences triable by Special Courts36BAppeal and revision36CApplication of Code to proceedings before a Special Court36DTransitional provisions37Offences to be cognizable and non-bailable38Offences by companies39Power of court to release certain offenders on probation40Power of court to publish names, place of business, etc., of certain offendersPROCEDURE
41Power to issue warrant and authorisation42Power of entry, search, seizure and arrest without warrant or authorisation43Power of seizure and arrest in public place44Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant45Procedure where seizure of goods liable to confiscation not practicable46Duty of land holder to give information of illegal cultivation47Duty of certain officers to give information of illegal cultivation48Power of attachment of crop illegally cultivated49Power to stop and search conveyance50Conditions under which search of persons shall be conducted50APower to undertake controlled delivery51Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures52Disposal of persons arrested and articles seized52ADisposal of seized narcotic drugs and psychotropic substances53Power to invest officers of certain departments with powers of an officer-in-charge of a police station53ARelevancy of statements under certain circumstances54Presumption from possession of illicit articles55Police to take charge of articles seized and delivered56Obligation of officers to assist each other57Report of arrest and seizure57AReport of seizure of property of the person arrested by the notified officer58Punishment for vexatious entry, search, seizure or arrest59Failure of officer in duty or his connivance at the contravention of the provisions of this Act60Liability of illicit drugs, substances, plants, articles and conveyances to confiscation61Confiscation of goods used for concealing illicit drugs or substances62Confiscation of sale proceeds of illicit drugs or substances63Procedure in making confiscations64Power to tender immunity from prosecution64AImmunity from prosecution to addicts volunteering for treatment65[Omitted]66Presumption as to documents in certain cases67Power to call for information, etc68Information as to commission of offencesFORFEITURE OF ILLEGALLY ACQUIRED PROPERTY
68AApplication68BDefinitions68CProhibition of holding illegally acquired property68DCompetent authority68EIdentifying illegally acquired property68FSeizure or freezing of illegally acquired property68GManagement of properties seized or forfeited under this Chapter68HNotice of forfeiture of property68-IForfeiture of property in certain case68JBurden of proo68KFine in lieu of forfeitur68LProcedure in relation to certain trust properties68MCertain transfers to be null and voi68NConstitution of Appellate Tribunal68-OAppeal68PNotice or order not to be invalid for error in description68QBar of jurisdictio68RCompetent authority and Appellate Tribunal to have powers of civil court68SInformation to competent authorit68TCertain officers to assist Administrator, competent authority and Appellate Tribunal68UPower to take possession68VRectification of mistakes68WFindings under other laws not conclusive for proceedings under this Chapter68XService of notices and orders68YPunishment for acquiring property in relation to which proceedings have been taken, under this Chapte68ZRelease of property in certain casesMISCELLANEOUS
69Protection of action taken in good fait70Central Government and State Government to have regard to international conventions while making rules71Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances72Recovery of sums due to Government73Bar of jurisdiction74Transitional provisions74APower of Central Government to give directions75Power to delegat76Power of Central Government to make rule77Rules and notifications to be laid before Parliament78Power of State Government to make rules79Application of the Customs Act, 196280Application of the Drugs and Cosmetics Act, 1940 not barred81Saving of State and special laws82Repeal and savings83Power to remove difficulties