Laws - THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

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CONTENTS

Sections	Particulars
	CHAPTER I: PRELIMINARY
1	Short title, extent and commencement.
2	Definitions.
3	Power to add to or omit from the list of psychotropic substances.
4	Central Government to take measures for preventing and combating abuse of and illicit traffic narcotic drugs-, etc.
5	Officers of Central Government.
6	The Narcotic Drugs and Psychotropic Substance Consultative Committee.
7	Officers of State Government.
7A	National Fund for Control of Drug Abuse.
7B	Annual report of activities financed under the Fund.
8	Prohibition of certain operations.
8A	Prohibition of certain activities relating to property derived from offence.
9	Power of Central Government to permit, control and regulate.
9A	Power to control and regulate controlled substances
10	Power of State Government to permit control and regulate.
11	Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment.
12	Restrictions over external dealings in narcotic drugs and psychotropic substance.
13	Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent.
14	Special provision relating to cannabis.
15	Punishment for contravention in relation to poppy straw.
16	Punishment for contravention in relation to coca plant and coca leaves
17	Punishment for contravention in relation to prepared opium.
18	Punishment for contravention in relation to opium poppy and opium.
19	Punishment for embezzlement of opium by cultivator.
20	Punishment for contravention in relation to cannabis plant and cannabis.
21	Punishment for contravention in relation to manufactured drugs and preparations.
22	Punishment for contravention in relation to psychotropic substances.
23	Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances
24	Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of Section 12.
25	Punishment for allowing premises, etc., to be used for commission of an offence.
25A	Punishment for contravention of orders made under Section 9-A
26	Punishment for certain acts by licensee or his servants.
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.
27A	Punishment for financing illicit traffic and harbouring offenders
28	Punishment for attempts to commit offences.
29	Punishment for abetment and criminal conspiracy.
30	Preparation.
31	Enhanced punishment for certain offences after previous conviction
31A	Death Penalty for certain offences after previous conviction
32	Punishment for offence for which no punishment is provided.
32A	No suspension, remission or commutation in any sentence awarded under this Act.
32B	Factors to be taken into account for imposing higher than the minimum punishment.
33	Application of Section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958.
34	Security for abstaining from commission of offence.
35	Presumption of culpable mental state.
36	Constitution of Special Courts
36A	Offences triable by Special Courts
36B	Appeal and revision
36C	Application of Code to proceedings before Special Court.
36D	Transitional Provisions.
37	Offences to be cognizable and non-bailable.
38	Offence by companies.
39	Power of court to release certain offenders on probation.
40	Power of court to publish names, place of business etc, of certain offenders.
41	Power to issue warrant and authorisation.
42	Power of entry, search, seizure and arrest without warrant or authorisation.
43	Power of seizure and arrest in public places.
44	Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant.
45	Procedure where seizure of goods liable to confiscation not practicable.
46	Duty of land holder to give information of illegal cultivation.
47	Duty of certain officers to give information of illegal cultivation.
48	Power of attachment of crop illegally cultivated.
49	Power to stop and search conveyance.
50	Conditions under which search of persons shall be conducted.
50A	Power to undertake controlled delivery
51	Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures.
52	Disposal of persons arrested and articles seized.
52A	Disposal of seized narcotic drugs and psychotropic substances.
53	Power to invest officers of certain department with powers of an officer-in-charge of a police station.
53A	Relevance of statements under certain circumstances.
54	Presumption from possession of illicit articles.
55	Police to take charge of articles seized and delivered.
56	Obligation of officers to assist each other.
57	Report of arrest and seizure.
58	Punishment for vexatious entry, search, seizure or arrest.
59	Failure of officer in duty or his connivance at the contravention of the provisions of this Act.
60	Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.
61	Confiscation of goods used for concealing illicit drugs or substances.
62	Confiscation of sale proceeds of illicit drugs or substances.
63	Procedure in making confiscations.
64	Power to tender immunity from prosecution.
64A	Immunity from prosecution to addicts volunteering for treatment
65	Omitted
66	Presumption as to document in certain cases.
67	Power to call for information, etc.
68	Information as to commission of offences.
68A	Application
68B	Definitions.
68C	Prohibition of holding illegally acquired property.
68D	Competent authority.
68E	Identifying illegally acquired property.
68F	Seizure or freezing of illegally acquired property.
68G	Management of properties seized or forfeited under this Chapter.
68H	Notice of forfeiture of property.
68I	Forfeiture of property in certain cases.
68J	Burden of proof.
68K	Fine in lieu of forfeiture.
68L	Procedure in relation to certain trust properties.
68M	Certain transfers to be null and void.
68N	Constitution of Appellate Tribunal.
68O	Appeals.
68P	Notice of order not be invalid for error in description.
68Q	Bar of jurisdiction.
68R	Competent authority and Appellate Tribunal to have powers of civil court.
68S	Information to competent authority.
68T	Certain officers to assist Administrator, competent authority and Appellate Tribunal.
68U	Power to take possession.
68V	Rectification of mistakes.
68W	Finding under other laws not conclusive for proceedings under this Chapter.
68X	Service of notices and orders.
68Y	Punishment for acquiring property in relation to which proceedings have been taken, under this Chapter.
68Z	Release of property in certain cases
69	Protection of action taken in good faith.
70	Central Government and State Government to have regard to international conventions while making rules.
71	Power of Government to establish centres for identification, treatment, etc. of addicts and for supply of narcotic drugs and psychotropic substances.
72	Recovery of sums due to Government.
73	Bar of jurisdiction.
74	Transitional provisions.
74A	Powers of Central Government to give directions
75	Power to delegate.
76	Power of Central Government to make rules.
77	Rules and notifications to be laid before Parliament.
78	Power of State Government to make rules.
79	Application of the Customs Act, 1962.
80	Application of the Drugs and Cosmetics Act, 1940 not barred.
81	Saving of State and special laws.
82	Repeal and savings.
83	Power to remove difficulties.
84	SCHEDULE