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The Narcotic Drugs And Psychotropic Substances Act, 1985

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT
ACT NO. 61 OF
16th September
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.

BE it enacted by Parliament in the Thirty – sixty Year of the
Republic of India as follows:–

CHAP

PRELIMINARY

CHAPTER I

PRELIMINARY

1. Short title extent and commencement.

1. Short title extent and commencement. (1) This Act may be
called the Narcotic Drugs and Psychotropic Substances Act 1985.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central
Government may by notification in the Official Gazette appoint and
different dates may be appointed for different provisions of this Act
and for different States and any reference in any such provision to
the commencement of this Act shall be construed in relation to any
State as a reference to the coming into force of that provision in
that State.

2. Definitions.

2. Definitions. In this Act unless the context otherwise
requires–

(i) addict means a person addicted to any narcotic drug or
psychotropic substance;

(ii) Board means the Central Board of Excise and Customs
constituted under the Central Boards of Revenue Act 1963 (54 of
1963)

(iii) cannabis (hemp) means–

(a) charas that is the separated resin in whatever
form whether crude or purified obtained from the cannabis
plant and also includes concentrated preparation and resin
known as hashish oil or liquid hashish;

(b) ganja that is the flowering or fruiting tops of
the cannabis plant (excluding the seeds and leaves when not
accompanied by the tops) by whatever name they may be known
or designated; and

1. Ins. by Act 2 of 1989 s. 2 (w.e.f. 29.5.1989).
2. This Act came in to force in the whole of India on 14-11-1985:
Vide Notification No. S.O. 821 (E) dated 14-11-1985 Gazette of
India Extraordinary 1985 Part II Section-3 (ii).

(c) any mixture with or without any neutral material
of any of the above forms of cannabis or any drink prepared
therefrom;

(iv) cannabis plant means any plant of the genus cannabis;

(v) coca derivative means–

(a) crude cocaine that is any extract of coca leaf
which can be used directly or indirectly for the
manufacture of cocaine;

(b) ecgonine and all the derivatives of ecgonine from
which it can be recovered;

(c) cocaine that is methyl ester of benzoyl – ecgonine
and its salts; and

(d) all preparations containing more than 0.1 per cent.
of cocaine;

(vi) coca leaf means–

(a) the leaf of the coca plant except a leaf from which
all ecgonine cocaine and any other ecgonine alkaloids have
been removed;

(b) any mixture thereof with or without any neutral
material out does not include any preparation containing
not more than 0.1 per cent. of cocaine;

(vii) coca plant means the plant of any species of the
genus Frythroxylon;

(viia) controlled substance means any substance which
the Central Government may having regard to the available
information as to its possible use in the production or manufac-
ture of narcotic drugs or psychotropic substances or to the pro-
visions of any International Convention by notification in the
Officcial Gazette declare to be a controlled substance

(viii) conveyance means a conveyance of any description
whatsoever and includes any aircraft vehicle or vessel;

‘(viiia) illicit traffic in relation to narcotic drugs
and psychotropic substances means–

(i) cultivating any coca plant or gathering any
portion of caca plant;

(ii) cultivating the opium poppy or any cannabis
plant;

(iii) engaging in the production manufacture posse-
ssion sale purchase tansportation warehousing conceal-
ment use or consumption import inter – State export inter-
State import into India export from India or transhipment
of narcotic drugs or psychotropic substances;

(iv) dealing in any activities in narcotic drugs or
psychotropic substances other than those referred to in sub-
clauses (i) to (ii); or

(v) handling or letting out any premises for the
carrying on of any of the activities referred to in sub-
clauses (i) to (iv)

other than those permitted under this Act or any rule or order
made or any condition of any licence term or authorisation
issued thereunder and includes–

(1) financing directly or indirectly any of the
aforementioned activities;

(2) abetting or conspiring in the furtherance of or
in support of doing any of the aforementioned activities;
and
(3) harbouring persons engaged in any of the afore-
mentioned activities;’

(ix) International Convention means–

(a) the Single Convention on Narcotic Drugs
adopted by the United Nations Conference at New York in
March 1961;

(b) the Protocol amending the Convention mentioned in
sub – clause (a) adopted by the United Nations Conference at
Geneva in March 1972;

(c) the Convention on Psychotropic Substances
adopted by the United Nations Conference at Vienna in
February 1971; and

(d) any other international convention or protocol or
other instrument amending an international convention
relating to narcotic drugs or psychotropic substances which
may be ratified or acceded to by India after the
commencement of this Act;

(x) manufacture in relation to narcotic drugs or
psychotropic substances includes–

(1) all processes other than production by which such
drugs or substances may be obtained;

(2) refining of such drugs or substances;

(3) transformation of such drugs or substances; and

Ins. by Act 2 of 1989 s. 3 (w.e.f. 29-5-1989.

(4) making of preparation (otherwise than in a pharmacy
on prescription) with or containing such drugs or
substances;

(xi) manufactured drug means–

(a) all coca derivatives medicinal cannabis opium
derivatives and poppy straw concentrate;

(b) any other narcotic substance or preparation which
the Central Government may having regard to the available
information as to its nature or to a decision if any under
any International Convention by notification in the
Official Gazette declare not to be a manufactured drug;

(xii) medicinal cannabis that is medicinal hemp means
any extract or tincture of cannabis (hemp);

(xiii) Narcotics Commissioner means the Narcotics
Commissioner appointed under section 5;

(xiv) narcotic drug means coca leaf cannabis (hemp)
opium popy straw and includes all manufactured drugs;

(xv) opium means–

(a) the coagulated juice of the opium poppy; and

(b) any mixture with or without any neutral material
of the coagulated juice of the opium poppy but does not
include any preparation containing not more than 0.2 per
cent. of morphine;

(xvi) opium derivative means–

(a) medicinal opium that is opium which has undergone
the processes necessary to adapt it for medicinal use in
accordance with the requirements of the Indian Pharmacopoeia
or any other pharmacopoeia notified in this behalf by the
Central Government whether in powder form or granulated or
otherwise or mixed with neutral materials;

(b) prepared opium that is any product of opium
obtained by any series of operations designed to transform
opium into an extract suitable for smoking and the dross or
other residue remaining after opium is smoked;

(c) phenanthrene alkaloids namely morphine codeine
thebaine and their salts;

(d) diacetylmorphine that is the alkaloid also known
as dia – morphine or heroin and its salts; and

(e) all preparations containing more than 0.2 per cent.
of morphine or containing any diacetylmorphine;

(xvii) opium poppy means–

(a) the plant of the species Papaver somniferum L; and

(b) the plant of any other species of Papaver from
which opium or any phenanthrene alkaloid can be extracted
and which the Central Government may by notification in the
Official Gazette declare to be opium poppy for the purposes
of this Act;

(xviii) poppy straw means all parts (except the seeds) of
the opium poppy after harvesting whether in their original form
or cut crushed or powdered and whether or not juice has been
extracted therefrom;

(xix) poppy straw concentrate means the material arising
when poppy straw has entered into a process for the concentration
of its alkaloids;

(xx) preparation in relation to a narcotic drug or
psychotropic substance means any one or more such drugs or
substances in dosage form or any solution or mixture in whatever
physical state containing one or more such drugs or substances;

(xxi) Prescribed means prescribed by rules made under this
Act;

(xxii) production means separation of opium poppy straw
coca leaves or cannabis from the plants from which they are
obtained;

(xxiii) Psychotropic substance means any substance
natural or synthetic or any natural material or any salt or
preparation of such substance or material included in the list of
psychotropic substances specified in the Schedule;

(xxiv) to import inter – State means to bring into a State
or Union territory in India from another State or Union territory
in India;

(xxv) to import into India with its grammatical
variations and cognate expressions means to bring into India
from a place outside India and includes the bringing into any
port or airport or place in India of a narcotic drug or a
psychotropic substance intended to be taken out of India without
being removed from the vessel aircraft vehicle or any other
conveyance in which it is being carried.

Explanation: — For the purposes of this clause and clause
(xxvi) India includes the territorial waters of India;

(xxvi) to export from India with its grammatical
variations and cognate expressions means to take out of India to
a place outside India;

(xxvii) to export inter – State means to take out of a State
or Union territory in India to another State or Union territory
in India;

(xxviii) to transport means to take from one place to
another within the same State or Union territory;

(xxviia) use” in relation to narcotic drugs and psycho-
tropic substances means any kind of use except personal consump-
tion;

(xxix) Words and expressions used herein and not defined but
defined in the Code of Criminal Procedure 1973 (2 of 1973) have
the meanings respectively assigned to them in that Code.

Explanation: — For the purposes of clauses (v) (vi) (xv) and
(xvi) the percentages in the case of liquid preparations shall be
calculated on the basis that a preparation containing one per cent. of
a substance means

Ins. by Act 2 of 1989 s. 3 (w.e.f. 29-5-1989).

a preparation in which one gram of substance if solid or one
mililitre of substance if liquid is contained in every one hundred
mililitre of the preparation and so on in proportion for any greater
or less percentage:

Provided that the Central Government may having regard to the
developments in the field of methods of calculating percentages in
liquid preparations prescribe by rules any other basis which it may
deem appropriate for such calculation.

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

3. Power to add to or omit from the list of psychotropic
substances. The Central Government may if satisfied that it is
necessary or expedient so to do on the basis of–

(a) the information and evidence which has become available
to it with respect to the nature and effects of and the abuse or
the scope for abuse of any substance (natural or synthetic) or
natural material or any salt or preparation of such substance or
material; and

(b) the modifications or provisions (if any) which have been
made to or in any International Convention with respect to such
substance natural material or salt or preparation of such
substance or material by notification in the Official Gazette
add to or as the case may be omit from the list of
psychotropic substances specified in the Schedule such substance
or natural material or salt or preparation of such substance or
material.

CHAP

AUTHORITIES AND OFFICERS

CHAPTER II

AUTHORITIES AND OFFICERS

4. Central Government to take measures for preventing and combating abuseof and
illicit traffic in narcotic drugs etc.

4. Central Government to take measures for preventing and
combating abuse of and illicit traffic in narcotic drugs etc. (1)
Subject to the provisions of this Act the Central Government shall
take all such measures as it deems necessary or expedient for the
purpose of preventing and combating abuse of narcotic drugs and
psychotropic substances and the illicit traffic therein.

(2) In particular and without prejudice to the generality of the
provisions of sub – section (1) the measures which the Central
Government may take under that sub – section include measures with
respect to all or any of the following matters namely:–

(a) coordination of actions by various officers State
Governments and other authorities–

(i) under this Act or

(ii) under any other law for the time being in force in
connection with the enforcement of the provisions of this
Act;

(b) obligations under the International Conventions;

(c) assistance to the concerned authorities in foreign
countries and concerned international organisations with a view
to facilitating coordination and universal action for prevention
and suppression of illicit traffic in narcotic drugs and
psychotropic substances;

(d) identification treatment education after care
rehabilitation and social re – integration of addicts;

(e) such other matters as the Central Government deems
necessary or expedient for the purpose of securing the effective
implementation of the provisions of this Act and preventing and
combating the abuse of narcotic drugs and psychotropic substances
and illicit traffic therein.

(3) The Central Government may if it considers it necessary or
expedient so to do for the purposes of this Act by order published
in the Official Gazette constitute an authority or a hierarchy of
authorities by such name or names as may be specified in the order for
the purpose of exercising such of the powers and functions of the
Central Government under this Act and for taking measures with respect
to such of the matters referred to in sub – section (2) as may be
mentioned in the order and subject to the supervision and control of
the Central Government and the provisions of such order such
authority or authorities may exercise the powers and take the measures
so mentioned in the order as if such authority or authorities had been
empowered by this Act to exercise those powers and take such measures.

5. Officers of Central Government.

5. Officers of Central Government. (1) Without prejudice to the
provisions of sub – section (3) of section 4 the Central Government
shall appoint a Narcotics Commissioner and may also appoint such other
officers with such designations as it thinks fit for the purposes of
this Act.

(2) The Narcotics Commissioner shall either by himself or
through officers subordinate to him exercise all powers and perform
all functions relating to the superintendence of the cultivation of
the opium poppy and production of opium and shall also exercise and
perform such other powers and functions as may be entrusted to him by
the Central Government.

(3) The officers appointed under sub – section (1) shall be subject
to the general control and direction of the Central Government or if
so directed by that Government also of the Board or any other
authority or officer.

6. The Narcotic Drugs and Psychotropie Substances Consultative Committee.

6. The Narcotic Drugs and Psychotropie Substances Consultative
Committee. (1) The Central Government may constitute by notification
in the Official Gazette an advisory committee to be called The
Narcotic Drugs and Psychotropic Substances Consultative Committee
(hereafter in this section referred to as the Committee) to advise the
Central Government 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 Government and shall have power to regulate its own procedure.

(4) The Committee may if it deems it necessary so to do for the
efficient discharge of any of its functions constitute one or more
sub – committees and may appoint to any such sub – committee whether
generally or for the consideration of any particular matter any
person (including a non – official) who is not a member of the
Committee.

(5) The term of office of the manner of filling casual vacancies
in the offices of and the allowances if any payable to the Chairman
and

other members of the Committee and the conditions and restrictions
subject 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
Government.

7. Officers of State Government.

7. Officers of State Government. (1) The State Government may
appoint such officers with such designations as it thinks fit for the
purposes of this 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 Government also of any other authority or
officer.

CHAP

NATIONAL FUND FOR CONTROL OF DRUG ABUSE

CHAPTER IIA
NATIONAL FUND FOR CONTROL OF DRUG ABUSE

7A. National Fund for Control of Drug Abuse.

7A. National Fund for Control of Drug Abuse. (1) The Central
Government may by notiffication in the Official Gazette constitute
a Fund to be called the National Fund 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 Government may after duee
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 provisions.

(2) The Fund shall be applied by the Central Government to meet
the expendituure incurred in connection with the measures taken for
combating illicit fraffic in or controlling abuse of narcotic drugs
and psychotropic substances for all or any of the purposes specified
in sub – section (1) of section 71.

(3) The Central Government may constitute a Governing Body as it
thinks fit to advise that Government in regard to the application of
the Fund.

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

(5) The Governing Body shall have the power to regulate its own
procedure.

7B. The Central Government shall as 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 financed under
section 7A during the financial year together with a statement of
accounts

CHAP

PROHIBITION CONTROL AND REGULATION

CHAPTER III

PROHIBITION CONTROL AND REGULATION

8. Prohibition of certain operations.

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 plant; or

(c) produce manufacture possess sell purchase
transport warehouse use consume import inter – State export
inter – State import into India export from India or tranship any
narcotic drug or psychotropic substance

except for medical or scientific purposes and in the manner and to the
extent provided by the provisions of this Act or the rules or
orders made thereunder and in a case where any such provision imposes
any requirement by way of licence permit or authorisation also in
accordance with the terms and conditions of such licence permit or
authorisation:

Provided that and subject 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 ganja or the production
possession use consumption purchase sale transport warehousing
import inter – State and export inter – State of ganja for any purpose
other than medical and scientific purpose shall take effect only from
the date which the Central Government may by notification in the
Official Gazette specify in this behalf.

Provided further that nothing in this section shall apply to
the export of poppy straw for decorative purposes

9. Power of Central Government to permit control and regulate.

9. Power of Central Government to permit control and regulate.
(1) Subject to the provisions of section 8 the Central Government
may by rules–

(a) permit and regulate–

(i) the cultivation or gathering of any portion (such
cultivation or gathering being only on account of the
Central Government) of coca plant or the production
possession sale purchase transport 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 straw;

Ins. by Act 2 of 1989 s. 4 (w.e.f. 28-5-1989).

Ins. by s. 5 ibid. (w.e.f. 29-5-1989).

(iv) the sale of opium and opium derivatives from the
Central Government factories for export from India or sale
to State Government or to manufacturing chemists:

(v) the manufacture of manufactured drugs (other than
prepared opium) but not including manufacture of medicinal
opium or any preparation containing any manufactured drug
from materials which the maker is lawfully entitled to
possess;

(vi) the manufacture possession transport import
inter – State export inter – State sale purchase consumption
or use of psychotropic substances;

(vii) the import into India 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 Government over any of the matters
specified in clause (a).

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

(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 opium the produce of land cultivated
with the opium poppy shall be delivered by the cultivators to
the officers authorised in this behalf by the Central Government;

(c) prescribe the forms and conditions of licences for
cultivation of the opium poppy and for production and manufacture
of opium; the fees that may be charged therefor; the authorities
by which such licences may be granted withheld refused or
cancelled 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 according to its quality and consistence by the
officers authorised in this behalf by the Central Government in
the presence of the cultivator at the time of delivery by the
cultivator;

(e) empower the Central Government to fix from time to time
the price to be paid to the cultivators for the opium delivered;

(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 accordance
with the result of such examination; and the authorities by which
the decisions with regard to the weighment examination
classification deductions or additions shall be made and the
authorities before which appeals against such decisions 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 conditions of licences for the
manufacture of manufactured drugs the authorities by which such
licences may be granted and the fees that may be charged
therefor;

(i) prescribe the forms and conditions of licences or
permits for the manufacture possession transport import inter-
State 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
India 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 transhipment; the
authorities by which such certificates authorisations or permits
may be granted and the fees that may be charged therefor.

9A. Power to control and regulate controlled substances.

9A. Power to control and regulate controlled substances. (1)
If the Central Government is of the opinion that having regard to the
use of any controlled substance in the production or manufacture of
any narcotic drug or psychotropic substance it is necessary or expe-
dient 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 prejudice to the generality of the power conferred by
sub – section (1) an order made thereunder may provide for regulating
by licences permits or otherwise the production manufacture poss-
ession transport import inter – State export inter – State sale
purchase consumption use storage distribution disposal or acqui-
sition of any controlled substance.

10. Power of State Government to permit control and regulate.

10. Power of State Government to permit control and regulate.
(1) Subject to the provisions of section 8 the State Government may
by rules–

(a) permit and regulate–

(i) the possession transport import inter – State
export inter – State warehousing sale purchase consumption
and use of poppy straw;

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

(iii) the cultivation of any cannabis plant
production manufacture possession transport import
inter – State export inter – State sale purchase consumption
or use of cannabis (excluding 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 possession transport purchase sale import
inter – State export inter – State use or consumption of
manufactured drugs other than prepared opium 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 Government on medical advice for his personal
consumption:

Provided that save in so far as may be expressly 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 the possession of the Government:

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 possession;

(b) prescribe any other matter requisite to render effective the
control of the State Government over any of the matters specified in
clause (a).

Ins. by Act 2 of 1989 s. 6 (w.e.f. 29-5-1989).

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

(a) empower the State Government to declare any place to be
a warehouse 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 export inter – State or export from India; to regulate
the safe custody of such poppy straw warehoused and the removal
of such poppy straw for sale or export inter – State or export from
India; to levy fees for such warehousing and to prescribe the
manner in which and the period after which the poppy straw
warehoused shall be disposed of in default of payment of fees;

(b) provide 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 Government;

(c) provide that only the cultivators licenced by the
prescribed authority of the State Government shall be authorised
to engage in cultivation of any cannabis plant;

(d) require that all cannabis the produce of land
cultivated with cannabis plant shall be delivered by the
cultivators to the officers of the State Government authorised in
this behalf;

(e) empower the State Government to fix from time to time
the price to be paid to the cultivators for the cannabis
delivered;

(f) prescribe the forms and conditions of licences or
permits for the purposes specified in sub – clauses (i) to (vi) of
clause (a) of sub – section (1) and the authorities by which such
licences or permits may be granted and the fees that may be
charged therefor.

11. Narcotic drugs and psychotropic substances etc.

not liable todistress
or attachment.

11. Narcotic drugs and psychotropic substances etc. not liable
to distress or attachment. Notwithstanding anything to the contrary
contained in any law or contract no narcotic drug psychotropic
substance coca plant the opium poppy or cannabis plant shall be
liable to be distrained or attached by any person for the recovery of
any money under any order or decree of any court or authority or
otherwise.

12. Restrictions over external dealings in narcotic drugs and
psychotropicsubstances.

12. Restrictions over external dealings in narcotic drugs and
psychotropic substances. No person shall engage in or control any
trade whereby a narcotic drug or psychotropic substance is obtained
outside India and supplied to any person outside India save with the
previous authorisation of the Central Government and subject to such
conditions as may be imposed by that Government in this behalf.

13. Special provisions relating to coca plant and coca leaves for use inthe
preparation of flavouring agent.

13. Special provisions relating to coca plant and coca leaves for
use in the preparation of flavouring agent. Notwithstanding anything
contained in section 8 the Central Government may permit with or
without conditions and on behalf of Government the cultivation of
any coca plant or gathering of any portion thereof or the production
possession sale purchase transport import inter – State export
inter – State or import into India of coca leaves for use in the
preparation of any flavouring agent which shall not contain any
alkaloid and to the extent necessary for such use.

14. Special provision relating to cannabis.

14. Special provision relating to cannabis. Notwithstanding
anything contained in section 8 Government may by general or special
order and subject to such conditions as may be specified in such
order allow cultivation of any cannabis plant for industrial purposes
only of obtaining fibre or seed or for horticultural purposes.

CHAP

OFFENCES AND PENALTIES

CHAPTER IV

OFFENCES AND PENALTIES

15. Punishment for contravention in relation to poppy straw.

15. Punishment for contravention in relation to poppy straw.
Whoever in contravention of any provision of this Act or any rule or
order made or condition of a licence granted thereunder produce
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
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:

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

16. Punishment for contravention in relation to coca plant and cocaleaves.

16. Punishment for contravention in relation to coca plant and
coca leaves. Whoever in contravention of any provision of this Act or
any rule or order made or condition of licence granted thereunder
cultivates any coca plant or gathers any portion of a coca plant or
produces possesses sells purchases transports imports inter-
State exports inter – State or uses coca leaves 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:

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

17. Punishment for contravention in relation to prepared opium.

17. Punishment for contravention in relation to prepared opium.
Whoever 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 prepared opium 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:

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

18. Punishment for contravention in relation to opium poppy and opium.

18. Punishment for contravention in relation to opium poppy and
opium. Whoever in contravention of any provision of this Act or any
rule or order made or condition of licence granted thereunder
cultivates the opium poppy or produces manufactures possesses
sells purchases transports imports inter – State exports inter – State
or uses opium 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:

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

19. Punishment for embezzlement of opium by cultivator.

19. Punishment for embezzlement of opium by cultivator. Any
cultivator licensed to cultivate the opium poppy on account of the
Central Government who embezzles or otherwise illegally disposes of
the opium produced or any part thereof 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:

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

20. Punishment for contravention in relation to cannabis plant andcannabis.

20. Punishment for contravention in relation to cannabis plant
and cannabis. Whoever in contravention of any provision of this Act
or any rule or order made or condition of licence granted thereunder-

(a) cultivates any cannabis plant; or

(b) produces manufactures possesses sells purchases
transports imports inter – State exports inter – State or uses
cannabis shall be punishable–

(i) where such contravention relates to ganja or the
cultivation of cannabis plant with rigorous imprisonment for a
term which may extend to five years and shall also be liable to
fine which may extend to fifty thousand rupees;

(ii) where such contravention relates to cannabis other than
ganja 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 and 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.

21. Punishment for contravention in relation to manufactured drugs
andpreparations.

21. Punishment for contravention in relation to manufactured
drugs and preparations. Whoever 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 manufactured drug
or any preparation containing any manufactured drug 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 then 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.

22. Punishment for contravention in relation to psychotropic substances.

22. Punishment for contravention in relation to psychotropic
substances. Whoever 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 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:

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

23. Punishment for illegal import into India export from India
ortranshipment of narcotic drugs and psychotropic substances.

23. Punishment for illegal import into 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 India or exports from
India or tranships any narcotic drug or psychotropic substance 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 may extend to two lakh rupees:

provided that the court may for reasons to be recorded in the
judgement impose a fine exceeding two lakh rupees.

24. Punishment for external dealings in narcotic drugs and
psychotropicsubstances in contravention of section 12.

24. Punishment for external dealings in narcotic drugs and
psychotropic substances in contravention of section 12. 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
Government or otherwise than in accordance with the condition (if any)
of such authorisation granted under section 12 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 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.

25. Punishment for allowing premises etc.

to be used for commission ofan
offence.

25. Punishment for allowing premises 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 punishable under any
provision of this Act 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:

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

25A. Punishment for contravention of orders made under section (A.

25A. Punishment for contravention of orders made under
section 9A If any person contravenes an order made under section
9A. 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.”

1. Ins. by Act 2 of 1989 s. 7 (w.e.f. 29-5-1989).

26. Punishment for certain acts by licensee or his servants.

26. Punishment for certain acts by licensee or his servants. If
the holder of any licence permit or authorisation granted under this
Act or any rule or order made thereunder or any person in his employ
and acting on his behalf–

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

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

(c) keeps any accounts or makes any statement which is false
or which he knows or has reason to believe to be incorrect; 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 prescribed elsewhere in this Act he shall be
punishable with imprisonment for a term which may extend to three
years or with fine or with both.

27. Punishment for illegal possession in small quantity for
personal.

consumption of any narcotic drug or psychotropic substance
orconsumption of such drug or substance.

27. Punishment for illegal possession in small quantity for
personal consumption of any narcotic drug or psychotropic substance
or consumption of such drug or substance. Whoever in contravention of
any provision of this Act or any rule or order made or permit issued
thereunder possesses in a small quantity any narcotic drug or
psychotropic substance which is proved to have been intended for his
personal consumption and not for sale or distribution or consumes any
narcotic drug or psychotropic substance shall notwithstanding
anything contained in this Chapter be punishable–

(a) where the narcotic drug or psychotropic substance
possessed or consumed is cocaine morphine diacetyl – morphine or
any other narcotic drug or any psychotropic substance as may be
specified in this behalf by the Central Government by
notification in the Official Gazette with imprisonment for a
term which may extend to one year or with fine or with both; and

(b) where the narcotic drug or psychotropic substance
possessed or consumed is other than those specified in or under
clause (a) with imprisonment for a term which may extend to six
months or with fine or with both.

Explanation: — (1) For the purposes of this section small
quantity means such quantity as may be specified by the Central
Government by notification in the Official Gazette.

(2) Where a person is shown to have been in possession of a small
quantity of a narcotic drug or psychotropic substance the burden of
proving that it was intended for the personal consumption of such
person and not for sale or distribution shall lie on such person.

27A. Punishment for financing illicit traffic and harbouring offenders.

27A. Punishment for financing illicit traffic and harbouring
offenders. Whoever indulges in financing directly or indirectly any
of the activities specified in sub – clauses (i) to (v) of clause
(viiia) of section 2 or harbours any person engaged in any of the
aforementioned activities shall be punishable with rigorous imprison-
ment 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:

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

28. Punishment for attempts to commit offences.

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 punishament
provided for the offence.

29. Punishment for abetment and criminal conspiracy.

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 conspiracy and notwithstanding anything contained in section
116 of the Indian Penal Code (45 of 1860) be punishable with the
punishment provided for the offence.

1. Ins. by Act 2 of 1989 s. 8 (w.e.f. 29-5-1989).

(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 India;
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 constituted it such an offence the same as
or analogous to the legal conditions required to constituted it
an offence punishable under this Chapter if committed within
India.

30. Preparation.

30. Preparation. If any person makes preparation to do or omits
to do anything which constitutes an offence punishable under any of
the provisions of section 15 to section 25 (both inclusive) and from
the circumstances of the case it may be reasonably inferred that he
was determined to carry out his intention to commit the offence but
had been prevented by circumstances independent of his will he shall
be punishable with rigorous imprisonment for a term which shall not be
less than one – half of the minimum term (if any) but which may extend
to one – half of the maximum term of imprisonment with which he would
have been punishable in the event of his having committed such
offence and also with fine which shall not be less than one – half of
the minimum amount (if any) of fine with which he would have been
punishable but which may extend to one – half of the maximum amount of
fine with which he would have ordinarily (that is to say in the
absence of special reasons) been punishable in the event aforesaid:

Provided that the court may for reasons to be recorded in the
Judgment impose a higher fine.

31. Enhanced punishment for certain offences after previous conviction.

31. Enhanced punishment for certain offences after previous
conviction. (1) If any person who has been convicted of the commission
of or attempt to commit or abetment of or criminal conspiracy to
commit any of the offences punishable under section 15 to section
(both inclusive) is subsequently convicted of the commission of or
attempt to commit or abetment of or criminal conspiracy to commit
an offence punishable under–

(a) section 15 to section 19 clause (ii) of section 20 and
section 21 to section 25 (both inclusive) he shall be punished
for the second and every subsequent offence with rigorous
imprisonment for a term which shall not be less than fifteen
years but which may extend to thirty years and shall also be
liable to fine which shall not be less than one lakh fifty
thousand rupees but which may extend to three lakh rupees;

(b) clause (i) of section 20 he shall be punished for the
second and every subsequent offence 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–

(i) in a case falling under clause (a) a fine exceeding
three lakh rupees; and

(ii) in a case falling under clause (b) a fine exceeding
one lakh rupees.

(2) Where any person is convicted by a competent court of
criminal jurisdiction outside India under any law corresponding to the
provisions of section 15 to section 25 (both inclusive) section
and section 29 such person in respect of such conviction shall be
dealt with for the purposes of sub – section (1) as if he had been
convicted by a court in India.

31A. Death penalty for certain offences after previous conviction.

31A. Death penalty for certain offences after previous convi-
ction. (1) Notwithstanding anything contained in section 31 if any
person who has been convicted of the commission of or attempt to
commit or abetment of or criminal conspiracy to commit any of the
offences punishable under section 15 to section 25 (both inclusive)
or section 27A is subsequently convicted of the commission of or
attempt to commit or abetment of or criminal conspiracy to commit
an offence relating to–

(a) engaging in the production manufacture possession
transportation import into India export from India or tran-
shipment of the narcotic drugs or psychotropic substances speci-
fied under column (1) of the Table below and involving the
quantity 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/ Quantity
psychotropic substances

(1) (2)

(i) Opium

10 kgs.

(ii) Morphine

1 kg.

(iii) Heroin

1 kg.

(iv) Codeine

1 kg.

(v) Thebaine

1 kg.

(vi) Cocaine 500 grams

(vii) Hashish

20 kgs.

(viii)Any mixture with or without any neutral
material of any of the above drugs 1500 grams

(ix) LSD LSD-25 ( ) – N N – Diethyllysergamide
(d – lysergic acid diethylamide) 500 grams

(x) THC (Tetrahydrocannabinols the following
isomers: 6a (10a) 6a(7)789109) and
their stereochemical variants) 500 grams

(xi) Methamphetamine( )-2-amino – l-Phenylpropane 1500 gram

(xii) Methaqualone (2-Methyl-3-o – tolyl-4-(3H)-
quinazolinone) 1500 gram

(xiii)Amphetamine ( )-2-amino-1-phenylpropane 1500 gram

(xiv) Salts and preparations of the Psychotropic
substances mentioned in (ix) to (xiii) 1500 gram;

(b) financing directly or indirectly any of the activities
specified in clause (a)

shall be punishable with death.

(2) Where any person is convicted by a competent court of
criminal jurisdiction outside India under any law corresponding to the
provisions of section 15 to section 25 (both inclusive) section 27A
section 28 or section 29 such person in respect of such conviction
shall be dealt with for the purposes of sub – section (1) as if he had
been convicted by a court in India.”.

32. Punishment for offence for which no punishment is provided.

32. Punishment for offence for which no punishment is provided.
Whoever contravenes any provision of this Act or any rule or order
made 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 both.

32A. No suspension remission or commutation in any sentence awarded underthis Act.

32A. No suspension remission or commutation in any sentence
awarded under this Act. Notwithstanding anything contained in the
Code of Criminal Procedure 1973 (2 of 1974) or any other law for the
time being in force but subject to the provisions of section 33 no
sentence awarded under this Act (other than section 27) shall be
suspended or remitted or commuted

33. Application of section 360 of the Code of Criminal Procedure 1973 andof the
Probation of Offenders Act 1958.

33. Application of section 360 of the Code of Criminal Procedure
1973 and of the Probation of Offenders Act 1958. Nothing contained in
section 360 of the Code of Criminal Procedure 1973 (2 of 1974) or in
the Probation of Offenders Act 1958 (20 of 1958) shall apply to a
person convicted of an offence under this Act unless such person is
under eighteen years of age or that the offence for which such person
is convicted is punishable under section 26 or section 27.

34. Security for abstaining from commission of offence.

34. Security for abstaining from commission of offence. (1)
Whenever any person is convicted of an offence punishable under any
provision of Chapter IV and the court convicting him is of opinion
that it is necessary to require such person to execute a bond for
abstaining from the commission of any offence under this Act the
court may at the time of passing sentence on such person order him
to execute a bond for a sum proportionate to his means with or
without sureties for abstaining from commission of any offence under
Chapter IV during such period not exceeding three years as it thinks
fit to fix.

(2) The bond shall be in such form as may be prescribed by the
Central Government and the provisions of the Code of Criminal
Procedure 1973 (2 of 1974) shall in so far as they are applicable
apply to all matters connected with such bond as if it were a bond to
keep the peace ordered to be executed under section 106 of that Code.

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

(4) An order under this section may also be made by an appellate
court or by the High Court or Sessions Judge when exercising the
powers of revision.

35. Presumption of culpable mental state.

35. Presumption of culpable mental state. (1) In any prosecution
for an offence under this Act which requires a culpable mental state
of the accused the court shall presume the existence of such mental
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 as an
offence in that prosecution.

Explanation: — In this section culpable mental state includes
intention motive knowledge of a fact and belief in or reason to
believe a fact.

1. Ins. by Act 2 of 1989 s. 9 (w.e.f. 29-5-1989).
2. Ins. by s. 10 ibid. (w.e.f. 29-5-1989).

(2) For the purpose of this section a fact is said to be proved
only when the court believes it to exist beyond a reasonable doubt and
not merely when its existence is established by a preponderance of
probability.

36. Constitution of Special Court.

36. Constitution of Special Court. (1) The Government may
for the purpose of providing speedy trial of the offences under this
Act by notification in the Official Gazette constitute as many
Specified in the notification.

(2) A Special Court shall consist of a single Judge who shall be
appointed by the Government with the concurrence of the Chief Justice
of the High Court.

Explanation: — In this sub – section High Court means the High
Court of the State in which 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 Judge or an Additional Sessions Judge.

36A. Offences triable by Special Courts.

36A. Offences triable by Special Courts. (1) Notwithstanding any-
thing contained in the Code of Criminal Procedure 1973 (2 of 1974)–

(a) all offences under this Act shall be triable only be the
Special Court constituted for the area in which the offence has
been committed or where there are more Special Courts than one
for such area by such one of them as may be specified in this
behalf by the Government;

(b) where a person accused of or suspected of the commission
of an offence under this Act is forwarded to a Magistrate under
sub – section (2A) of section 167 of the Code of Criminal Proce-
dure 1973 2 of 1974) such Magistrate may authorise the deten-
tion of such person in such custody as he thinks fit for a period
not exceeding fifteen days in the whole where such Magistrate is
a Judicial Magistrate and seven days in the whole where such
Magistrate is an Executive Magistrate:

Provided that where such Magistrate considers–

(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 unnecessary he shall order
such person to be forwarded to the Special Court having juris-
diction;

(c) the Special Court may exercise in relation to the per-
son forwarded to it under clause (b) the same power which a
Magistrate having jurisdiction to try a case may exercise under
section 167 of the Code of Criminal Procedure 1973 (2 of 1974)
in relation to an accused person in such case who has been for-
warded to him under that section;

(d) a Special Court may upon a perusal of police report of
the facts constituting an offence under this Act or upon a com-
plaint made by an officer of the Central Government or a State
Government authorised in this behalf take cognizance 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 offence other than an offence under this Act with which
the accused may under the Code of Criminal Procedure 1973 (2 of
1974) be charged at the same trial.

(3) Nothing contained in this section shall be deemed to affect
the special powers of the High Court regarding bail under f section
439 of the Code of Criminal Procedure 1973 (2 of 1974) and the High
Court may exercise succh powers including the power under clause (b)
of sub – section (1) of that section as if the reference to Magistrate
in that section included also a reference to a Special Court con-
stituted under section 36.

36B. Appeal and revision.

36B. Appeal and revision. The High Court may exercise so for as
may be applicable all the powers conferred by Chapters XXIX and XXX
of the Code of Criminal Procedure 1973 (12 of 1986) on a High
Court as if a Special Court within the local limits of the
jurisdiction of the High Court were a Court of Session trying cases
within the local limits of the jurisdiction of the High Court.

36C. Application of Code to proceedings before a Special Court.

36C. Application of Code to proceedings before a Special Court.
Save as otherwise provided in this Act the provisions of the Code of
Criminal Procedure 1973 (12 of 1974) (including the provisions as to
bail and bonds) shall apply to the proceedings before a Special Court
and for the purposes of the said provisions the Special Court shall be
deemed to be a Court of Session and the person conducting a
prosecution before a Special Court shall be deemed to be a Public
Prosecutor.

36D. Transitional provisions.

36D. Transitional provisions. (1) Any offence committed under
this Act on or afterr the commencement of the narcotic Drugs and Psy-
chotropic Substances (Amendment) Act 1988 (46 of 1988) until a
Special Court is constituted under section 36 shall notwithstanding
anything contai- ned in the Code of Criminal Procedure 1973 (12 of
1974) be tried by a Court of Session:

Provided that offences punishable under sections 26 27 and
may be tried summarily.

(2) Nothing in sub – section (1) shall be construed to require the
transfer to a Special Court of any proceedings in relation to an
offence taken cognizance of by a Court of Session under the said sub-
section (1) and the same shall be heard and disposed of by the Court
of Session

37. Offences to be cognizable and non – bailable.

37. Offences to be cognizable and non – bailable. (1) Notwith-
standing anything contained in the Code of Criminal Procedure
(2 of 1974)

(a) every offence punishable under this Act shall be cogni-
zable;

(b) no person accused of an offence punishable for a term
of imprisonment of five years or more under this Act 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 appli-
cation the court is satisfied that there are reasonable
grounds for believing that he is not guilty of such offence
and that he is not likely to commit any offence while on
bail.

(2) The limitations on granting of bail specified in clause (b)
of sub – section (1) are in addition to the limitations under the Code
of Criminal Procedure 1973 (12 of 1974) or any other law for the
time being in force on granting of bail.

38. offences by companies.

38. Offences by companies. (1) Where an offence under Chapter IV
has been committed by a company every person who at the time the
offence was committed was in charge of and was responsible to the
company for the conduct of the business of the company 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 punishment 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 other officer of the company such
director manager secretary or other officer shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly.

Explanation: — For the purposes of this section–

(a) company means any body corporate and includes 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.

39. Power of court to release certain offenders on probation. (1)
When any addict is found guilty of an offence punishable under section
27 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
Government 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 treatment and in the
meantime to abstain from the commission of any offence under Chapter
IV.

1. Subs. by Act 2 of 1989 s. 11 (w.e.f. 29-5-1989).
2. Subs. by s. 12 ibid. (w.e.f. 29-5-1989).

(2) If it appears to the court having regard to the report
regarding the result of the medical treatment furnished under sub-
section (1) that 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 certainoffenders.

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 section 25 (both inclusive)
section 28 section 29 or section 30 it shall be competent for the
court convicting 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.

CHAP

PROCEDURE

CHAPTER V

PROCEDURE

41. Power to issue warrant and authorisation.

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 may issue a warrant for the arrest of any person whom he has
reason to believe to have committed any offence punishable under
Chapter IV or for the search whether by day or by night of any
building conveyance or place in which he has reason to believe any
narcotic drug or psychotropic substance in respect of which an offence
punishable under Chapter IV has been committed or any document or
other article which may furnish evidence of the commission of such
offence is kept or concealed.

(2) Any such officer of gazetted rank of the departments of
central excise narcotics customs revenue intelligence or any other
department of the Central Government or of the Border Security Force
as is empowered in this behalf by general or special order by the
Central Government or any such officer of the revenue drugs control
excise police or any other department of a State Government as is
empowered in this behalf by general or special order of the State
Government if he has reason to believe from personal knowledge or
information given by any person and taken in writing that any person
has committed an offence punishable under Chapter IV or that any
narcotic drug or psychotropic substance in respect of which any
offence punishable under Chapter IV has been committed or any document
or other article which may furnish evidence of the commission of such
offence has been kept or concealed in any building conveyance or
place may authorise any officer subordinate to him but superior in
rank to a peon sepoy or a constable to arrest such a person or
search a building conveyance or place whether by day

or by nigh or himself arrest a person or search a building conveyance
or place.

(3) The officer to whom a warrant under sub – section (1) is
addressed and the officer who authorised the arrest or search or the
officer who is so authorised under sub – section (2) shall have all the
powers of an officer acting under section 42.

42. Power of entry search seizure and arrest without warrant
orauthorisation.

42. Power of entry search seizure and arrest without warrant or
authorisation. (1) Any such officer (being an officer superior in rank
to a peon sepoy or constable) of the departments of central excise
narcotics customs revenue intelligence or any other department of
the Central Government or of the Border Security Force as is embowered
in this behalf by general or special order by the Central Government
or any such officer (being an officer superior in rank to a peon
sepoy or constable) of the revenue drugs control excise police or
any other department of a State Government as is empowered in this
behalf by general or special order of the State Government if he has
reason to believe from personal knowledge or information given by any
person and taken down in writing that any narcotic drug or
psychotropic substance in respect of which an offence punishable
under Chapter IV has been committed or any document or other article
which may furnish evidence of the commission of such offence is kept
or concealed in any building conveyance or enclosed place may
between sunrise and sunset–

(a) enter into and search any such building conveyance or
place;

(b) in case of resistance break open any door and remove
any obstacle to such entry;

(c) seize such drug or substance and all materials used in
the manufacture thereof and any other article and any animal or
conveyance which he has reason to believe to be liable to
confiscation under this Act and any document or other article
which he has reason to believe may furnish evidence of the
commission of any offence punishable under Chapter IV relating to
such drug or substance:

Provided that if such officer has reason to believe that a search
warrant or authorisation cannot be obtained without affording
opportunity for the concealment of evidence or facility for the escape
of an offender he may enter and search such building conveyance or
enclosed place at any time between sunset and sunrise after recording
the grounds of his belief.

(2) Where an officer takes down any information in writing under
sub – section (1) or records grounds for his belief under the proviso
thereto he shall forthwith send a copy thereof to his immediate
official superior.

43. Power of seizure and arrest in public places.

43. Power of seizure and arrest in public places. Any officer of
any of the departments mentioned in section 42 may–

(a) seize in any public place or in transit any narcotic
drug or psychotropic substance in respect of which he has reason
to believe an offence punishable under Chapter IV has been
committed and along with such drug or substance any animal or
conveyance or article liable to confiscation under this Act and
any document or other

article which he has reason to believe may furnish evidence of
the commission of an offence punishable under Chapter IV relating
to such drug or substance;

(b) detain and search any person whom he has reason to
believe to have committed an offence punishable under Chapter IV
and if such person has any narcotic drug or psychotropic
substance in his possession and such possession appears to him to
be unlawful arrest him and any other person in his company.

Explanation: — For the purposes of this section the expression
public place includes any public conveyance hotel shop or other
place intended for use by or accessible to the public.

44. Power of entry search seizure and arrest in offences relating tococa
plant opium poppy and cannabis plant.

44. Power of entry search 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 offence 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 shall be
construed as including references to coca plant the opium poppy and
cannabis plant.

45. Procedure where seizure of goods liable to confiscation
notpracticable.

45. Procedure where seizure of goods liable to confiscation not
practicable. Where it is not practicable to seize 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.

46. Duty of land holder to give information of illegal cultivation.

46. 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. Duty of certain officers to give information of illegal cultivation.

47. Duty of certain officers to give information of illegal
cultivation. Every officer of the Government 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 Government panch
sarpanch and other village officer who neglects to give such
information shall be liable to punishment.

48. Power of attachment of crop illegally cultivated.

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 Government
or any officer of a gazetted rank empowered under section
may order attachment of any opium poppy cannabis 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.

49. Power to stop and search conveyance.

49. Power to stop and search conveyance. Any officer authorised
under section 42 may if he has reason to suspect that any animal or
conveyance is or is about to be used for the transport of any
narcotic drug or psychotropic substance in respect of which he
suspects that any provision of this Act has been or is being or is
about to be contravened at any time stop such animal or conveyance
or in the case of an aircraft compel it to land and–

(a) rummage and search the conveyance or part thereof;

(b) examine and search any goods on the animal or in the
conveyance;

(c) if it becomes necessary to stop the animal or the
conveyance he may use all lawful means for stopping it and
where such means fail the animal or the conveyance may be fired
upon.

50. Conditions under which search of persons shall be conducted.

50. Conditions under which search of persons shall be conducted.
(1) When any officer duly authorised under section 42 is about to
search any person under the provisions of section 41 section 42 or
section 43 he shall if such person so requires take such person
without unnecessary delay to nearest Gazetted Officer of any of the
departments mentioned in section 42 or to the nearest Magistrate.

(2) If such requisition is made the officer may detain the
person until he can bring him before the Gazetted Officer or the
Magistrate referred to in sub – section (1).

(3) The Gazetted Officer or the Magistrate before whom any such
person is brought shall if he sees no reasonable ground for search
forthwith discharge the person but otherwise shall direct that search
be made.

(4) No female shall be searched by anyone excepting a female.

51. Provisions of the code of Criminal Procedure 1973 to apply towarrants
arrests searches and Seizures.

51. Provisions of the code of Criminal Procedure 1973 to apply
to warrants arrests searches and seizures. The provisions of the
Code of Criminal Procedure 1973 (2 of 1974) shall apply in so far
as they are not inconsistent with the provisions of this Act to all
warrants issued and arrests searches and seizures made under this
Act.

52. Disposal of persons arrested and articles seized.

52. Disposal of persons arrested and articles seized. (1) 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 arrested and article seized under warrant issued
under sub – section (1) of section 41 shall be forwarded without
unnecessary delay to the Magistrate by whom the warrant was issued.

1. Ins. by Act 2 of 1989 s. 13 (w.e.f. 29-5-1989).

(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 station or

(b) the officer empowered under section 53.

(4) The authority or officer to whom any person or article is
forwarded under sub – section (2) or sub – section (3) shall with all
convenient despatch take such measures as may be necessary for the
disposal according to law of such person or article.

52A. Disposal of seized narcotic drugs and psychotropic substances.

52A. Disposal of seized narcotic drugs and psychotropic
substances. (1) The Central Government may having regard to the
hazardous nature of any narcotic drugs or psychotropic substances
their vulnerability to theft substitution constraints of proper
storage space or any other relevant considerations by notification
published in the Official Gazette specify such narcotic drugs or
psychotropic substances or class of narcotic drugs or class of psycho-
tropic substances which shall as soon as may be after their seizure
be disposed of by such officer and in such manner as that Govern-
ment may from time determine after following the procedure herein-
after specified.

(2) Where any narcotic drug or psychotropic substance has been
seized and forwarded to the officer – in-charge of the nearest police
station or to the officer empowered under section 53 the officer
referred to in sub – section (1) shall prepare an inventory of such
narcotic drugs or psychotropic substances containing such details
relating to their description quality quantity mode of packing
marks numbers or such other identifying particulars of the narcotic
drugs or psychotropic substances or the packing in which they are
packed country of origin and other particulars as the officer refe-
rred to in sub – section (1) may consider relevant to the identity of
the narcotic drugs or psychotropic substances in any proceedings under
this Act and make an application to any Magistrate for the purpose
of–

(a) certifying the correctness of the inventory so prepared;
or

(b) taking in the presence of succh magistrate photographs
of such drugs or substances and certifying such photographs as
true; or

(c) allowing to draw representative samples of such drugs
or substances in the presence of such magistrate and certifying
the ccorrectness of any list of samples so drawn.

(3) Where an application is made under sub – section (2) the Magis-
trate shall as soon as may be allow the application.

(4) Notwithstanding anything contained in the Indian Evidence
Act 1872 (1 of 1972) or the Code of Criminal Procedure 1973 (2 of
1974) every court trying an offence under this Act shall treat the
innventory the photographs of narcotic drugs or psychotropic
substances and any list of samples drawn under sub – section (2) and
certified by the Magistrate as primary evidence in respect of such
offence

53. Power to invest officers of certain departments with powers of
anofficer – in-charge of a police station.

53. Power to invest officers of certain departments with powers
of an officer – in-charge of a police station. (1) The Central
Government after consultation with the State Government may by
notification published in the Official Gazette invest any officer of
the department of central excise narcotics customs revenue
intelligence or Border Security Force 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 Government may by notification published in the
Official Gazette invest any officer of the department of drugs
control revenue or excise 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.

53A. Relevancy of statements under certain circumstances.

53A. Relevancy of statements under certain circumstances. (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 proving 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 connot
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 made 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 statement 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.

54. Presumption from possession of illicit articles.

54. Presumption from possession of illicit articles. In trials
under this Act it may be presumed unless and until the contrary is
proved that the accused has committed an offence under Chapter IV in
respect of–

(a) any narcotic drug or psychotropic substance;

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

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

(d) any materials which have undergone any process towards
the manufacture of a narcotic drug or psychotropic substance or
any residue left of the materials from which any narcotic drug or
psychotropic substance has been manufactured for the possession
of which he fails to account satisfactorily.

55. Police to take charge of articles seized and delivered.

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 articles to the police station or who may be deputed
for the purpose 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.

56. Obligation of officers to assist each other.

56. Obligation of officers to assist each 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.

1. Ins. by Act 2 of 1989 s. 14 (w.e.f. 29-5-1989.
2. Ins. by s. 15 ibid. (w.e.f. 29-5-1989).

57. Report of arrest and seizure.

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.

58. Punishment for vexatious entry search seizure or arrest.

58. Punishment for vexatious entry search seizure or arrest.
(1) Any person empowered under section 42 or section 43 or section
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 property 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 being made under this Act shall
be punishable with imprisonment for a term which may extend to two
years or with fine or with both.

59. Failure of officer in duty or his connivance at the contravention ofthe
provisions of this Act.

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 by or under this Act and who ceases or
refuses to perform or withdraws himself from the duties of his
official superior or has other lawful excuse for so doing be
punishable with imprisonment for a term which may extend to one year
or with fine or with both.

(2) Any officer on whom any duty has been imposed by or under
this Act or any person who has been given the custody of–

(a) any addict; 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.

Explanation– For the purposes of this sub – section the expres-
sion officer includes any person employed in a hospital or insti-
tution maintained or recognised by the Government or a local autho-
rity under section 64A for providing de – addiction treatment

(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 Government or as the case
may be the State Government.

60. Liability of illicit drugs substances plants articles
andconveyances to confiscation.

60. Liability of illicit drugs substances plants articles and
conveyances to confiscation. (1) Whenever any offence punishable under
Chapter IV has been committed the narcotic drug psychotropic
substance the opium poppy coca plant cannabis plant materials
apparatus and utensils in respect of which or by means of which such
offence has been committed shall be liable to confiscation.

(2) Any narcotic drug or psychotropic substance 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 psychotropic
substance which is

1. Subs. by Act 2 of 1989 s. 16 (w.e.f. 29-5-1989).

liable to confiscation under sub – section (1) and the receptacles
packages and coverings in which any narcotic drug or psychotropic
substance 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 confiscation.

(3) Any animal or conveyance used in carrying any narcotic drug
or psychotropic substance or any article liable to confiscation under
sub – section (1) or sub – section (2) shall be liable to confiscation
unless the owner of the animal or conveyance proves that it was so
used without the knowledge or connivance of the owner himself his
agent if any and the person – in-charge of the animal or conveyance
and that each of them had taken all reasonable precautions against
such use.

61. Confiscation of goods used for concealing illicit drugs or substances.

61. Confiscation of goods used for concealing illicit drugs or
substances. Any goods used for concealing any narcotic drug or
psychotropic substance 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 transport.

62. Confiscation of sale proceeds of illicit drugs or substances.

62. Confiscation of sale proceeds of illicit drugs or substances.
Where any narcotic drug or psychotropic substance is sold by a 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.

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 under section 60 or section 61 or section
62 but the person who committed the offence in connection therewith
is not known or cannot be found the court may inquire into and decide
such liability and may order confiscation accordingly:

Provided that no order of confiscation of an article or thing
shall be made until the expiry of one month from the date of seizure
or without hearing any person who may claim any right thereto and the
evidence if any which he produces in respect of his claim:

Provided further that if any such article or thing other than a
narcotic drug psychotropic substance the opium poppy coca plant or
cannabis 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.

(3) Any person not convicted who claims any right to property
which has been confiscated under this section may appeal to the Court
of Session against the order of confiscation.

64. Power to tender immunity from prosecution.

64. Power to tender immunity from prosecution. (1) The Central
Government or the State Government may 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 concerned in or privy to the contravention of
any of provisions of this Act or of any rule or order made thereunder
it is necessary or expedient so to do tender to such person immunity
from prosecution for any offence under this Act or under the Indian
Penal Code (45 of 1860) or under any other Central Act or State Act
as the case may be for the time being in force on condition of his
making a full and true disclosure of the whole circumstances relating
to such contravention.

(2) A tender of immunity made to and accepted by the person
concerned shall to the extent to which the immunity extends render
him immune from prosecution for any offence in respect of which the
tender was made.

(3) If it appears to the Central Government or as the case may
be the State Government that any person to whom immunity has been
tendered under this section has not complied with the conditions on
which the tender was made or is wilfully concealing anything or is
giving false evidence the Central Government or as the case may be
the State Government 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.

64A. Immunity from prosecution to addicts volunteering for treatment.

64A. Immunity from prosecution to addicts volunteering for
treatment. Any addict who is not charged with any offence punish-
able under sections 15 to 25 (both inclusive) or section 27A who
voluntarily seeks to undergo medical treatment for de – toxification or
de – addiction from a hospital or an institution maintained or recog-
nised by the Government or a local authority and undergoes such treat-
ment shall not be liable to prosecution under section 27 once in his
lifetime:

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

66. Presumption as to documents in certain cases.

66. Presumption as to documents in certain cases Where any
document–

(i) is produced or furnished by any person or has been
seized from the custody or control of any person in either case
under 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
may be prescribed by the Central Government) in the course of
investigation of any offence under this Act alleged to have been
committed by a person and such document is tendered in any
prosecution under this Act in evidence against him or against
him and any other person who is tried jointly with him the court
shall–

(a) presume unless the contrary is proved that the
signature and every other part of such document which purports to
be in the handwriting of any particular person or which the court
may reason-

1. Ins. by Act 2 of 1989 s. 17 (w.e.f. 29-5-1989).
2. Omitted by s. 18 ibid. (w.e.f. 29-5-1989).

ably assume to have been signed by or to be in the handwriting
of any particular person is in that person’s handwriting; and
in the case of a document executed or attested that it was
executed or attested by the person by whom it purports to have
been so executed or attested;

(b) admit the document in evidence notwithstanding that it
is not duly stamped if such document is otherwise admissible in
evidence;

(c) examine any person acquainted with the facts and
circumcontrary is proved the truth of the contents of such
document.

67. Power to call for information etc.

67. Power to call for information etc. Any officer referred to
in section 42 who is authorised in this behalf by the Central
Government or a State Government may during the course of any
enquiry in connection with the contravention of any provision of this
Act–

(a) call for information from any person for the purpose of
satisfying himself whether there has been any contravention of
the provisions of this Act or any rule or order made thereunder;

(b) require any person to produce or deliver any document or
thing useful or relevant to the enquiry;

(c) examine any person acquainted with the facts and
circumstances of the case.

68. Information as to commission of offences.

68. Information 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 the commission of any offence.

CHAP

FORFEITURE OF PROPERTY DERIVED FROM OR USED IN ILLICIT TRAFFIC

CHAPTER VA
FORFEITURE OF PROPERTY DERIVED FROM OR USED IN ILLICIT TRAFFIC

68a. Application.

68A. Application. (1) The provisions of this Chapter shall
apply only to the persons 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 puni-
shable under this Act with imprisonment for a term of five years
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 IIicit Traffic in Narcotic
Drugs and Psychotropic Substances Act 1988 (46 of 1988) or
under the Jammu and Kashmir Prevention of IIicit Traffic in
Narcotic Drugs and Psychotropic Substances Act 1988;

Provided that such order of detention has not been revoked
on the report of the Advisory Board constituted under the said
Acts or such order of detention has not been set aside by a court
of competent jurisdiction;

(d) every person who is a relative of a person referred to
in clause (a) or clause (b) or clause (c);

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

(f) any holder (hereafter in this clause referred to as the
present holder) of any property which was at any time previo-
usly held by a person referred to in clause (a) or clause (b) or
clause (c) unless the present holder or as the case may be any
one who held such property after such person and before the
present holder is or was a transferee in good faith for adequate
consideration.

68B. Deffinitions.

68B. Deffinitions.In this Chapter unless the context otherwise
requires–

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

(b) associate 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 resi-
dential premises (including out – houses) of such person;

(ii) any individual who had been or is managing the affairs
or keeping the accounts of such person;

(iii) any association of persons body of individuals part-
nership firm or private company within the meaning of the Compa-
nies Act 1956 (1 of 1956) of which such person had been or is
a member partner 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 company referred to in sub – clause
(iii) at any time when such person had been or is a member
partner or director of such association body partnership firm
or private company;

(v) any person who had been or is managing the affairs or
keeping the accounts of any association of persons body of
individuals partnership firm or private company referred to in
sub – clause (iii);

(vi) the trustee of any trust where–

(1) the trust has been created by such person; or

(2) the value of the assets contributed by such person
(including the value of the assets if any contributed by
him earlier) to the trust amounts on the date on which con-
tribution is made to not less than twenty per cent. of the
value of the assets of the trust on that date;

(vii) where the competent authority for reasons to be reco-
rded in writing considers that any properties of such person are
held on his behalf by any other person such other person;

(c) competent authority means an officer of the Central Gover-
nment authorised by it under section 68D;

(d) concealment means the concealment or disguise of the
nature source disposition movement or ownership of property and
includes the movement or conversion of such property by electronic
transmission or by any other means;

(e) freezing means temporarily prohibiting the transfer conv-
ersion disposition or movement of property by an order issued under
section 68F;

(f) identifying includes establishment of proof that the pro-
perty was derived from or used in the illicit traffic;

(g) illegally acquired properrty in relation to any person to
whom this Chapter applies 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 derived or obtained
from or attributable to illicit traffic; or

(ii) any property acquired by such person whether before or
after the commencement of this Chapter for a consideration or by
any means wholly or partly traceable to any property referred to
in sub – clause (i) or the income or earning from such property

and includes–

(A) any property held by such person which would have been
in relation to any previous holder thereof illegally acquired
property under this clause if such previous holder had not ceased
to hold it unless such person or any other person who held the
property at any time after such previous holder or where there
are two or more such previous holders the last of such previous
holders is or was a transferee in good faith for adequate
consideration;

(B) any property acquired by such person whether before or
after the commencement of this Chapter for a consideration or
by any means wholly or partly traceable to any property falling
under item (A) or the income or earnings therefrom;

(h) property means property and assets of every description
whether corporeal or incorporeal movable or immovable tangible
or intangible and deeds and instruments evidencing title to or inte-
rest in such property or assets derived from or used in the
illicit traffic;

(i) relative means–

(1) spouse of the person;

(2) brother or sister of the person;

(3) brother or sister of the spouse of the person;

(4) any lineal ascendant or descendant of the person;

(5) any lineal ascendant or descendant of the spouse of the
person;

(6) spouse 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 nature source disposition
movement title or ownership of property;

(k) trust includes any other legal obligation.

68C. Prohibition of holding illegally acquired property.

68C. Prohibition of holding illegally acquired property. (1) As
from the commencement of this Chapter it shall not be lawful for any
person to whom this Chapter applies to hold any illegally acquired
property either by himself or through any other person on his behalf.

(2) Where any person holds any illegally acquired property in
contravention of the provisions of sub – section (1) such property
shall be liable to be forfeited to the Central Government in accor-
dance with the provisions of this Chapter:

Provided that no property shall be forfeited under this Chapter
if such property was acquired by a person to whom this Act applies
before a period of six years from the date on which he was charged
for an offence relating to illicit traffic.

68D. Competent authority.

68D. Competent authority. (1) The Central Government may by
order published in the Official Gazette authorise any Collector of
Customs or Collector of Central Excise or Commissioner of Income – tax
or any other officer of the Central Government 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 Govern-
ment may by order direct.

68E. Identifying illegally acquired property.

68E. Identifying illegally acquired property. (1) Every officer
empowered under section 53 and every officer – in-charge of a police
station shall on receipt of information that any person to whom
this this Chapter applies has been charged with any offence pun-
ishable under this Act whether committed in India or outside proceed
to take all steps necessary for tracing and identitying any property
illegally acquired by such person.

(2) The steps referred to in sub – section (1) may include any
inquiry investigation or survey in respect of any person place
property assets documents books of account in any bank or public
financial institution or any other relevant matters.

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

68F. Seizure or freezing of illegally acquired property.

68F.Seizure or freezing of illegally acquired property. (1) Where
any officer conducting an inquiry or investigation under section 68E
has reason to believe that any property in relation to which such
inquiry or investigation is being conducted is an illegally acquired
property and such property is likely to be concealed transferred or
dealt with in any manner which will result in frustrating any procee-
ding relating to forfeiture of such property under this Chapter he
may make an order for seizing such property and where it is not
practicable to seize such property he may make an order that such
property shall not be transferred or otherwise dealt with except with
the prior permission of the officer making such order or of the
competent authority and a copy of such order shall be served on the
person concerned:

Provided 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 – eight 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 auth-
ority within a period of thirty days of its being made.

Explanation –For the purposes of this section transfer of pro-
perty means any disposition conveyance assignment settlement
delivery payment or other alienation of property and without limit-
ing the generality of the foregoing includes–

(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 any 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.

68G. Management of properties seized or forfeited under this Chapter.

68G. Management of properties seize or forfeited under this
Chapter. (1) 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 Government) as it thinks fit to perform
the functions of an Administrator.

(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 68I
in such manner and subject to such conditions as may be prescribed.

(3) The Administrator shall also take such measures as the Cen-
tral Government may direct to dispose of the property which is for-
feited to the Central Government.

68H. Notice of forfeiture of property.

68H. Notice of forfeiture of property. (1) If having regard to
the value of the properties held by any person to whom this Chapter
applies either by himself or through any other person on his behalf
his known sources of income earnings or assets and any other infor-
mation or material available to it as a result of a report from any
officer making an investigation under section 68E or otherwise the
competent authority has reason to believe (the reasons for such belief
to be recorded in writing) that all or any of such properties are
illegally acquired properties it may serve a notice upon such person
(hereinafter referred to as the person affected) calling upon him
within a period of thirty days specified in the notice to indicate
the sources of his income earnings or assets out of which or by
means of which he has acquired such property the evidence on which
he relies and other relevant information and particculars and to show
cause why all or any of such properties as the case may be should
not be declared to be illegally acquired properties and forfeited to
the Central Government under this Chapter.

(2) Where a notice under sub – section (1) to any person specifies
any property as being held on behalf of such person by any other
person a copy of the notiec shall also be served upon such other
person.

68I. Forfeiture of property in certain cases.

68I. Forfeiture of property in certain cases. (1) The competent
authority may after considering the explanation if any to the show
cause notice issued under section 68H and the materials available
before it and after giving to the person affected (and in a case
where the person affected holds any property specified in the notice
through any other person to such other person also) a reasonable
apportunity of being heard by order record a finding whether all or
any of the properties in question are illegally acquired properties:

Provided that if the person affected (and in a case where the
person affected holds any property specified in the notice through any
other person such other person also) does not appear before the compe-
tent authority or represent his case before it within a period of
thirty days specified in the show cause notice the competent autho-
rity may proceed to record a finding under this sub – section ex parte
on the basis of evidence available before it.

(2) Where the competent authority is satisfied that some of the
properties referred to in the show cause notice are illegally acquired
properties but is not able to identify specifically such properties
then it shall be lawful for the competent authority to specify the
properties which to the best of its judgment are illegally acquired
properties and record a finding accordingly under sub – section (1).

(3) Where the competent authority records a finding under this
section to the effect that any property is illegally acquired pro-
perty it shall declare that such property shall subject to the
provisions of this Chapter stand forfeited to the Central Government
free from all encumbrances.

(4) Where any shares in a company stand forfeited to the Central
Government under this Chapter then the company shall notwithstand-
ing anything contained in the Companies Act 1956 (1 of 1956) or the
articles of association of the company forthwith register the Cen-
tral Government as the transferee of such shares.

68J. Burden of proof.

68J. Burden 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 illegally acquired property shall be on the
person affected.

68K. Fine in lieu of forfeiture.

68K. Fine in lieu of forfeiture. (1) Where the competent autho-
rity makes a declaration that any property stands forfeited to the
Central Government under section 68I and it is a case where the source
of only a part of the illegally acquired property has not been proved
to the satisfaction of the competent authority it shall make an order
giving an option to the person affected to pay in lieu of forfeiture
a fine equal to the market value of such part.

(2) Before making an order imposing a fine under sub – section (1)
the person afeccted shall be given a reasonble opportunity of being
heard.

(3) Where the person affected pays the fine due under sub – section
(1) within such time as may be allowed in that behalf the competent
authority may by order revoke the declaration of forfeiture under
section 68I and thereupon such property shall stand released.

68L. Procedure in relation to certain trust properties.

68L. Procedure in relation to certain trust properties. In the
case of any person referred to in sub – clause (vi) of clause (b) of
section 68B if the competent authority on the basis of the infor-
mation and materials available to it has reason to believe (the
reasons for such belief to be recorded in writing) that any property
held in trust is illegally acquired property it may serve a notice
upon the author of the trust or as the case may be the contributor
of the assets out of or by means of which such propery was acquired
by the trust and the trustees calling upon them within a period of
thirty days specified in the notice to explain the source of money
or other assets out of or by means of which such property was
acquired or as the case may be the source of money or other assets
which were contributed to the trust for acquiring such property and
thereupon such notice shall be deemed to be a notice served under
section 68H and all the other provisions of this Chapter shall apply
accordingly.

Explanation — For the purposes of this section illegally
acquired property in relation to any property held in trust
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 rela-
tion to such author or contributor;

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

68M. Certain transfers to be null and void.

68M. Certain transfers to be null and viod. Where after the
making of an order under sub – section (1) of section 68F or the issue
of a notice under section 68H or under section 68L any property refe-
rred to in the said order or notice is transferred by any mode what-
soever such transfer shall for the purposes of the proceedings under
this Chapter be ignored and if such property is subsequently forfei-
ted to the Central Government under section 68I then the transfer
of such property shall be deemed to be null and void.

68N. Constitution of Appellate Tribunal.

68N. Constitution of Appellate Tribunal. (1) The Central Govern-
ment may by notification in the Official Gazette constitute an
Appellate Tribunal to be called the Appellate Tribunal for Forfeited
Property consisting of a Chairman and such number of other members
(being officers of the Central Government not below the rank of a
Joint Secretary to the Government) as the Central Government thinks
fit to be appointed by that Government for hearing appeals against
the orders made under section 68F section 68I sub – section (1) of
section 68K of section 68L.

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

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

68-O

Appeals.

68-O. Appeals. (1) Any person aggrieved by an order of the
competent authority made under section 68F section 68I sub – section
(1) of section 68K or section 68L may within forty – five days from
the date on which the order is served on him prefer an appeal to the
Appellate Tribunal:

Provided that the Appellate Tribunal may entertain an appeal
after the said period of forty – five days but not after sixty days
from the date aforesaid if it is satisfied that the appellant was
prevented by sufficient cause from fing the appeal in time.

(2) On receipt of an appeal under sub – section (1) the Appellate
Tribunal may after giving an opportunity to the appellant to be
heard if he so desires and after making such further inquiry as it
deems fit confirm modify or set aside the order appealed against.

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

(4) Notwithstanding anything contained in sub – section (3) where
the Chairman considers it necessary 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 points they shall state the point or points on which
they differ and refer the same to a third member (to be specified by
the Chairman) for hearing of such point or points and such point or
points shall be decided according to the opinion of that member.

(5) The Appellate Tribunal may regulate its own procedure.

(6) On application to the Appellate Tribunal and on payment of
the prescribed fee the Tribunal may allow a party to any appeal or
any person authorised in his behalf by such party to inspect at any
time during office hours any relevant records and registers of the
Tribunal and obtain a certified copy of any part thereof.

68P. Notice or order not to be invalid for error in description.

68P. Notice or order not to be invalid for error in description.
No notice issued or served no declaration made and no order passed
under this Chapter shall be deemed to be invalid by reason of any
reason of any error in the description of the property or person men-
tioned therein if such property or person is identifiable from the
description so mentioned.

68Q. Bar of jurisdiction.

68Q. Bar of jurisdiction. No order passed or declaration made
under this Chapter shall be appealable except as provided there and
no civil court shall have jurisdiction in respect of any matter which
the Appellate Tribunal or any competent authority is empowered by or
under this Chapter to determine and no injunction shall be granted
by any court or other authority in respect of any action taken of any
action taken or to be taken in pursuancce of any power conferred by
or under this Chapter.

68R. Competent authority and Appellate Tribunal to have powers of civilcourt.

68R. Competent authority and Appellate Tribunal to have powers of
civil court. The competent authority and the Appellate Tribunal shall
have all the powers of a civil court while trying a suit under the
code of Civil Procedure 1908 in respect of the following matters
namely:-

(a) summoning and enforcing the attendance of any person and
examining him on oath’

(b) requiring the discovery and production of documents;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from
any court or office;

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

(f) any other matter which may be prescribed.

68S. Information to competent authority.

68S. Information to competent authority. (1) Notwithstanding
anything contained in any other law the competent authority shall
have power to require any officer or authority of the Central Govern-
ment or a State Government or a local authority to furnish 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
purpose of this Chapter.

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

68T. Certain officers to assist Administrator competent authority andAppellate
Tribunal.

68T. Certain officers to assist Administrator competent autho-
roty amd Appellate Tribunal. For the purposes of any proceedings under
this Chapter the following officers are hereby empowered and required
to asists the Administrator appointed under section 68G competent
authority and the Appellate Tribunal namely:–

(a) officers of the Narcotics Control Bureau;

(b) officers of the Customs Department;

(c) officers of the Central Excise Department;

(d) officers of the Income – tax Department;

(e) officers of enforcement appointed under the Foreign
Exchange Regulation Act 1973 (46 of 1973);

(f) officers of police;

(g) officers of the Narcotics Department;

(h) officers of the Central Economic Intelligence Bureau;

(i) officers of the Directorate of Revenue Intelligence
Bureau;

(j) such other officers of the Central or State Government
as are specified by the Central Government in this behalf by noti-
fication in the Official Gazette.

68U. Power to take possession.

68U. Power to take possession. (1) Where any property has been
declared to be forfeited to the Central Government 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 section 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 auth-
orised 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 take possession 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 pro-
perty 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.

68V. Rectification of mistakes.

68V. Rectification of mistakes. With a view to rectifying any
mistakes apparent from record the competent authority or the Appellate
Tribunal as the case may be may amend any order made by it within
a period of one year from the date of the order.

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 apportunity of being heard.

68W. Findings under other laws not conclusive for proceedings under thisChapter.

68W. Findings under other laws not conclusive for proceedings
under this Chapter. No finding of any officer or authority under any
other law shall be conclusive for the purposes of any proceedinngs
under this Chapter.

68X. Service of notices and orders.

68X. 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 regis-
tered 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
proveded in 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 whome it is intended is known to have last resided or
carried on business or personally worked for gain.

68Y. Punishment for acquiring property in relation to which property inrelation
to which proceedings have this taken been under Chapter.

68Y. Punishment for acquirring property in relation to which
property in relation to which procceedings have this taken been under
Chapter. Any person who knowingly acquired by any mode whatsoever
any property in relation to which proceedings are pending under this
Chapter shall be punishable with imprisonment for a term which may
extend to five years and with fine which may exteld to fifty thousand
rupees.’

CHAP

MISCELLANEOUS

CHAPTER VI

MISCELLANEOUS

69. Protection of action taken in good faith.

69. Protection of action taken in good faith. No suit
prosecution or other legal proceeding shall lie against the Central
Government or a State Government or any officer of the Central
Government or of the State Government or any other person exercising
any powers or discharging any functions or performing any duties under
this Act for anything in good faith done or intended to be done under
this Act or any rule or order made thereunder.

70. Central Government and State Government to have regard
tointernational conventions while making rules.

70. Central Government and State Government to have regard to
international conventions while making rules. Wherever under this Act
the Central Government or the State Government has been empowered to
make rules the Central Government or the State Government as the
case may be subject to other provisions of this Act may while making
the rules have regard to the provisions of the Single Convention on
Narcotic Drugs 1961 the Protocol of 1972 amending the said
Convention and of the Convention on Psychotropic Substances 1971 to
which India is a party and to the provisions of any other
international convention relating to narcotic drugs or psychotropic
substances to which India may become a party.

1. Ins. by Act 2 of 1989 s. 19 (w.e.f. 29-5-1989).

71. Power of Government to establish centres for
identificationtreatment etc.

of addicts and for supply of narcotic
drug andpsychotropic substances.

71. Power of Government to establish centres for identification
treatment etc. of addicts and for supply of narcotic drug and
psychotropic substances. (1) The Government may in its discretion
establish as many centres as it thinks fit for identification
treatment education after – care rehabilitation social re-
integration of addicts and for supply subject to such conditions and
in such manner as may be prescribed by the concerned Government of
any narcotic drugs and psychotropic substances to the addicts
registered with the Government and to others where such supply is a
medical necessity.

(2) The Government 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 training powers duties and persons
employed in such centres.

72. Recovery of sums due to Government.

72. Recovery of sums due to Government. (1) In respect of any
licence fee or other sum of any kind payable to the Central Government
or to the State Government under any of the provisions of this Act or
of any rule or order made thereunder the officer of the Central
Government or the State Government as the case may be who is
empowered to require the payment of such sum may deduct the amount of
such sum from any money owing to the person from 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 arrears 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 or abstention shall be deemed to be a public duty
within the meaning of section 74 of the Indian Contract Act 1872 (9
of 1872); 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 arrears of land revenue.

73. Bar of jurisdiction.

73. Bar of jurisdiction. No civil court shall entertain any suit
or proceeding against 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 namely:-

(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 to the standard price made in accordance with such
examination;

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

74. Transitional provisions.

74. Transitional provisions. Every officer or other employee of
the Government 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.

74A. Power of Central Government to give directions.

74A. Power of Central Government to give directions. The
Central Government may give such directions as it may deem necessary
to a State Government regarding the carrying into execution of the
provisions of this Act and the State Government shall comply with
such directions

75. Power to delegate.

75. Power to delegate. (1) The Central Government may by
notification in the Official Gazette delegate subject to such
conditions and limitations as may be specified in the notification
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 authority or the Narcotics Commissioner.

(2) The State Government may by notification in the Official
Gazette delegate subject to such conditions and limitations as may
be specified in the notification 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
Government.

76. Power of Central Government to make rules.

76. Power of Central Government to make rules. (1) Subject to the
other provisions of this Act the Central Government may by
notification in the Official Gazette make rules for carrying 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 treatment under sub – section (1) of section
and the bond to be executed by such convict before his release
after due admonition under sub – section (2) of that section;

(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 66;

(da) the manner in which and the conditions subject to
which properties shall be managed by the Administrator under
sub – section (2) of section 68G;

(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 (6) of
section 68-O;

(dd) the powers of a civil court that may be exercised by
the competent authority and the Appellate Tribunal under clause
(f) of section 68R;

(de) the disposal of all articles or things confiscated
under this Act;

(df) the drawing of samples and testing and analysis of such
samples;

(dg) the rewards to be paid to the officers informers and
other persons;

(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 Government and to
others under sub – section (1) of section 71;

(f) the establishment appointment maintenance management
and superintendence of centres established by the Central
Government under sub – section (1) of section 71 and appointment
training powers and duties of persons employed in such centres;

(g) the term of office of the manner of filling casual
vacancies of and the allowances 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

1. Ins. by Act 2 of 1989 s. 20 (w.e.f. 29-5-1989).
2. Ins. by s. 21 ibid. (w.e.f. 29-5-1989).

77. Rules and notifications to be laid before Parliament.

77. Rules and notifications to be laid before Parliament. Every
rule made under this Act by the Central Government and every
notification issued under clause (xi) of section 2 section 3 and
clause (a) of and Explanation (1) to section 27 shall be laid as
soon as may be after it is made or issued 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 agree that the rule or notification should not be made or
issued the rule or the notification shall thereafter have effect only
in such modified form or be of no effect as the case may be; so
however that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule
or notification.

78. Power of State Government to make rules.

78. Power of State Government to make rules. (1) Subject to the
other provisions of this Act the State Government may by
notification in the Official Gazette make rules for carrying 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 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 appointment training powers and duties of
persons employed in such centres;

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

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

79. Application of the Customs Act.

1962.

79. Application of the Customs Act 1962. All prohibitions and
restrictions imposed by or under this Act on the import into India
the export from India and transhipment of narcotic drugs and
psychotropic substances shall be deemed to be prohibitions and
restrictions imposed by or under the Customs 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.

80. Application of the Drugs and Cosmetics Act 1940 not barred.
The provisions of this Act or the rules made thereunder shall be in
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.

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 Legislature 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 greater 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 in any narcotic drug or
psychotropic substance within India.

82. Repeal and savings.

82. Repeal and savings. (1) The Opium Act 1857 (13 of 1857)
the Opium Act 1878 (1 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 sub – section (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 provisions of this Act.

83. Power to remove difficulties.

83. Power to remove difficulties. (1) If any difficulty arises in
giving effect to the provisions of this Act the Central Government
may by published in the Official Gazette make such provisions not
inconsistent with the provisions of this Act as appear to it to be
necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of a
period of three years from the date on which this Act receives the
assent of the President.

(2) Every order made under this section shall as soon as may be
after it is made be laid before the Houses of Parliament.

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