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The Narcotic Drugs and Psychotropic Substances Act, 1985

Central

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.

Act number
61 of 1985
Ministry
Ministry of Finance
Department
Department of Revenue
Enacted
16 Sep 1985

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

129 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Power to add to or omit from the list of psychotropic substances.
  4. Section 4Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc.
  5. Section 5Officers of Central Government.
  6. Section 6The Narcotic Drugs and Psychotropie Substances Consultative Committee.
  7. Section 7Officers of State Government.
  8. Section 7ANational Fund for Control of Drug Abuse.
  9. Section 7BAnnual report of activities financed under the Fund.
  10. Section 8Prohibition of certain operations.
  11. Section 8AProhibition of certain activities relating to property derived from offence.
  12. Section 9Power of Central Government to permit, control and regulate.
  13. Section 9APower to control and regulate controlled substances.
  14. Section 10Power of State Government to permit, control and regulate.
  15. Section 11Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment.
  16. Section 12Restrictions over external dealings in narcotic drugs and psychotropic substances.
  17. Section 13Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent.
  18. Section 14Special provision relating to cannabis.
  19. Section 15Punishment for contravention in relation to poppy straw.
  20. Section 16Punishment for contravention in relation to coca plant and coca leaves.
  21. Section 17Punishment for contravention in relation to prepared opium.
  22. Section 18Punishment for contravention in relation to opium poppy and opium.
  23. Section 19Punishment for embezzlement of opium by cultivator.
  24. Section 20Punishment for contravention in relation to cannabis plant and cannabis.
  25. Section 21Punishment for contravention in relation to manufactured drugs and preparations.
  26. Section 22Punishment for contravention in relation to psychotropic substances.
  27. Section 23Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances.
  28. Section 24Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12.
  29. Section 25Punishment for allowing premises, etc., to be used for commission of an offence.
  30. Section 25APunishment for contravention of orders made under section 9A.
  31. Section 26Punishment for certain acts by licensee or his servants.
  32. Section 27Punishment for consumption of any narcotic drug or psychotropic substance.
  33. Section 27APunishment for financing illicit traffic and harbouring offenders.
  34. Section 27BPunishment for contravention of section 8A.
  35. Section 28Punishment for attempts to commit offences.
  36. Section 29Punishment for abetment and criminal conspiracy.
  37. Section 30Preparation.
  38. Section 31Enhanced punishment for offences after previous conviction.
  39. Section 31ADeath penalty for certain offences after previous conviction.
  40. Section 32Punishment for offence for which no punishment is provided.
  41. Section 32ANo suspension, remission or commutation in any sentence awarded under this Act.
  42. Section 32BFactors to be taken into account for imposing higher than the minimum punishment.
  43. Section 33Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958.
  44. Section 34Security for abstaining from commission of offence.
  45. Section 35Presumption of culpable mental state.
  46. Section 36Constitution of Special Court.
  47. Section 36AOffences triable by Special Courts.
  48. Section 36BAppeal and revision.
  49. Section 36CApplication of Code to proceedings before a Special Court.
  50. Section 36DTransitional provisions.
  51. Section 37Offences to be cognizable and non-bailable.
  52. Section 38Offences by companies.
  53. Section 39Power of court to release certain offenders on probation.
  54. Section 40Power of court to publish names, place of business, etc., of certain offenders.
  55. Section 41Power to issue warrant and authorisation.
  56. Section 42Power of entry, search, seizure and arrest without warrant or authorisation.
  57. Section 43Power of seizure and arrest in public place.
  58. Section 44Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant.
  59. Section 45Procedure where seizure of goods liable to confiscation not practicable.
  60. Section 46Duty of land holder to give information of illegal cultivation.
  61. Section 47Duty of certain officers to give information of illegal cultivation.
  62. Section 48Power of attachment of crop illegally cultivated.
  63. Section 49Power to stop and search conveyance.
  64. Section 50Conditions under which search of persons shall be conducted.
  65. Section 50APower to undertake controlled delivery.
  66. Section 51Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures.
  67. Section 52Disposal of persons arrested and articles seized.
  68. Section 52ADisposal of seized narcotic drugs and psychotropic substances.
  69. Section 53Power to invest officers of certain departments with powers of an officer-in-charge of a police station.
  70. Section 53ARelevancy of statements under certain circumstances.
  71. Section 54Presumption from possession of illicit articles.
  72. Section 55Police to take charge of articles seized and delivered.
  73. Section 56Obligation of officers to assist each other.
  74. Section 57Report of arrest and seizure.
  75. Section 57AReport of seizure of property of the person arrested by the notified officer.
  76. Section 58Punishment for vexatious entry, search, seizure or arrest.
  77. Section 59Failure of officer in duty or his connivance at the contravention of the provisions of this Act.
  78. Section 60Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.
  79. Section 61Confiscation of goods used for concealing illicit drugs or substances.
  80. Section 62Confiscation of sale proceeds of illicit drugs or substances.
  81. Section 63Procedure in making confiscations.
  82. Section 64Power to tender immunity from prosecution.
  83. Section 64AImmunity from prosecution to addicts volunteering for treatment.
  84. Section 65[Omitted].
  85. Section 66Presumption as to documents in certain cases.
  86. Section 67Power to call for information, etc.
  87. Section 68Information as to commission of offences.
  88. Section 68AApplication.
  89. Section 68BDefinitions.
  90. Section 68CProhibition of holding illegally acquired property.
  91. Section 68DCompetent authority.
  92. Section 68EIdentifying illegally acquired property.
  93. Section 68FSeizure or freezing of illegally acquired property.
  94. Section 68GManagement of properties seized or forfeited under this Chapter.
  95. Section 68HNotice of forfeiture of property.
  96. Section 68-IForfeiture of property in certain cases
  97. Section 68JBurden of proof
  98. Section 68KFine in lieu of forfeiture
  99. Section 68LProcedure in relation to certain trust properties.
  100. Section 68MCertain transfers to be null and void
  101. Section 68NConstitution of Appellate Tribunal.
  102. Section 68-OAppeals
  103. Section 68PNotice or order not to be invalid for error in description.
  104. Section 68QBar of jurisdiction
  105. Section 68RCompetent authority and Appellate Tribunal to have powers of civil court.
  106. Section 68SInformation to competent authority
  107. Section 68TCertain officers to assist Administrator, competent authority and Appellate Tribunal.
  108. Section 68UPower to take possession.
  109. Section 68VRectification of mistakes.
  110. Section 68WFindings under other laws not conclusive for proceedings under this Chapter.
  111. Section 68XService of notices and orders.
  112. Section 68YPunishment for acquiring property in relation to which proceedings have been taken, under this Chapter
  113. Section 68ZRelease of property in certain cases.
  114. Section 69Protection of action taken in good faith
  115. Section 70Central Government and State Government to have regard to international conventions while making rules.
  116. Section 71Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances.
  117. Section 72Recovery of sums due to Government.
  118. Section 73Bar of jurisdiction.
  119. Section 74Transitional provisions.
  120. Section 74APower of Central Government to give directions.
  121. Section 75Power to delegate
  122. Section 76Power of Central Government to make rules
  123. Section 77Rules and notifications to be laid before Parliament.
  124. Section 78Power of State Government to make rules.
  125. Section 79Application of the Customs Act, 1962.
  126. Section 80Application of the Drugs and Cosmetics Act, 1940 not barred.
  127. Section 81Saving of State and special laws.
  128. Section 82Repeal and savings.
  129. Section 83Power to remove difficulties.