| SECTIONS |
Narcotic
Drugs and Psychotropic Substances Act, 1985
As Amended upto date
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Preamble |
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CHAPTER I: PRELIMINARY |
| 1. |
Short title, extent and commencement |
| 2. |
Definitions |
| 3. |
Power to add to or omit from the list of psychotropic substances |
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CHAPTER II: AUTHORITIES
AND OFFICERS |
| 4. |
Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc |
| 5. |
Officers of Central Government |
| 6. |
The Narcotic Drugs and Psychotropie Substances Consultative Committee |
| 7. |
Officers of State Government |
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CHAPTER IIA: NATIONAL
FUND FOR CONTROL OF DRUG ABUSE |
| 7-A. |
National Fund for Control of Drug Abuse |
| 7-B. |
Annual report of activities financed under the fund |
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CHAPTER III: PROHIBITION,
CONTROL AND REGULATION |
| 8. |
Prohibition of certain operations |
| 8-A. |
Prohibition of certain activities relating to property derived from offence |
| 9. |
Power of Central Government to permit, control and regulate |
| 9-A. |
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 substances |
| 13. |
Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent |
| 14. |
Special provision relating to cannabis |
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CHAPTER IV: OFFENCES AND
PENALTIES |
| 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 |
| 25-A. |
Punishment for contravention of orders made under section 9A |
| 26. |
Punishment for certain acts by licensee or his servants |
| 27. |
Punishment for consumption of any narcotic drug or psychotropic substance |
| 27-A. |
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 offences after previous conviction |
| 31-A. |
Death penalty for certain offences after previous conviction |
| 32. |
Punishment for offence for which no punishment is provided |
| 32-A. |
No suspension, remission or commutation in any sentence awarded under this Act |
| 32-B. |
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 Court |
| 36-A. |
Offences triable by Special Courts |
| 36-B. |
Appeal and revision |
| 36-C. |
Application of Code to proceedings before a Special Court |
| 36-D. |
Transitional provisions |
| 37. |
Offences to be cognizable and non-bailable |
| 38. |
Offences 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 |
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CHAPTER V: PROCEDURE |
| 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 place |
| 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 |
| 50-A. |
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 |
| 52-A. |
Disposal of seized narcotic drugs and psychotropic substances |
| 53. |
Power to invest officers of certain departments with powers of an officer-in-charge of a police station |
| 53-A. |
Relevancy 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 |
| 64-A. |
Immunity from prosecution to addicts volunteering for treatment |
| 65. |
Omitted |
| 66. |
Presumption as to documents in certain cases |
| 67. |
Power to call for information, etc |
| 68. |
Information as to commission of offences |
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CHAPTER VA: FORFEITURE
OF PROPERTY DERIVED FROM, OR USED IN, ILLICIT TRAFFIC |
| 68-A. |
Application |
| 68-B. |
Definitions |
| 68-C. |
Prohibition of holding illegally acquired property |
| 68-D. |
Competent authority |
| 68-E. |
Identifying illegally acquired property |
| 68-F. |
Seizure or freezing of illegally acquired property |
| 68-G. |
Management of properties seize or forfeited under this Chapter |
| 68-H. |
Notice of forfeiture of property |
| 68-I. |
Forfeiture of property in certain cases |
| 68-J. |
Burden of proof |
| 68-K. |
Fine in lieu of forfeiture |
| 68-L. |
Procedure in relation to certain trust properties |
| 68-M. |
Certain transfers to be null and void |
| 68-N. |
Constitution of Appellate Tribunal |
| 68-O. |
Appeals |
| 68-P. |
Notice or order not to be invalid for error in description |
| 68-Q. |
Bar of jurisdiction |
| 68-R. |
Competent authority and Appellate Tribunal to have powers of civil court |
| 68-S. |
Information to competent authority |
| 68-T. |
Certain officers to assist Administrator, competent authority and Appellate Tribunal |
| 68-U. |
Power to take possession |
| 68-V. |
Rectification of mistakes |
| 68-W. |
Findings under other laws not conclusive for proceedings under this Chapter |
| 68-X. |
Service of notices and orders |
| 68-Y. |
Punishment for acquiring property in relation to which property in relation to which proceedings have this taken, been under Chapter |
| 68-Z. |
Release of property in certain cases |
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CHAPTER VI: MISCELLANEOUS |
| 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 centers for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances |
| 72. |
Recovery of sums due to Government |
| 73. |
Bar of jurisdiction |
| 74. |
Transitional provisions |
| 74-A. |
Power 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 |
