The Narcotic Drugs and Psychotropic Substances Act, 1985
(1) This Act may be called the Narcotic Drugs and
Psychotropic Substances Act, 1985.
(2) It extends to the whole of India 2[and it applies also--
(a) to all citizens of India outside India;
(b) to all persons on ships and aircrafts registered in India,
wherever they may be.]
(3) It shall come into force on such date2
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
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 spe
(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 1[and for ensuring their
medical and scientific use].
(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--
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(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.
(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, co
(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.
1[7A. National Fund for Control of Drug Abuse.--(1) The Central Government may, by notification
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 due 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 in
1[7B. Annual report of activities financed under the Fund.--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.]
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 an
1[A. Prohibition of certain activities relating to property derived from offence.-- No person
shall--
(a) convert or transfer any property knowing that such property is derived from an offence
committed under this Act or under any other corresponding law of any other country or from an act of
participation in such offence, for the purpose of concealing or disguising the illicit origin of the
property or to assist any person in the commission of an offence or to evade the legal consequences;
or
(b) conceal or disguise the true nature, source, location, disposition of any property knowing that
such property is derived from an offence committed under this Act or under any other corresponding
law of any other country; or
(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;
1[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 expedient 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,
possession, transport, import inter-State, export inter-State, sale, purchase, consumption, use, storage,
distribution, disposal or acquisition of any controlled substance.]
(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 1[except poppy straw produced from plants from
which no juice has been extracted through lancing;]
(ii) the possession, transport, import inter-State, export inter-State, sale, purchase,
consumption and use of opium;
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.
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.
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 interState,
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.
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.
1[15. Punishment for contravention in relation to poppy straw.-- Whoever, in contravention of
any provisions of this Act or any rule or order made or condition of a licence granted thereunder,
produces, 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,--
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which
may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves quantity lesser than commercial quantity but greater than
small quantity, with rigorous impri
1[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 may extend to ten years, and with fine which may extend to one
lakh rupees.]
1[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,--
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which
may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both; or
(b) where the contravention involves quantity lesser than commercial quantity but greater than
small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine
which may
1[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,--
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which
may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves commercial quantity, with rigorous imprisonment for a term
which shall not be less than ten years but which may extend to twenty year
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.
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,--
1[(i) where such contravention relates to clause (a) 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; and
1[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,--
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which
may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves quantity, lesser than commercial quantity but gre
1[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,--
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which
may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves quantity lesser than commercial quantity but greater than
small quantity, with rigorous imprisonment for a term which may extend to ten years, and wit
1[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,--
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which
may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves quantity lesser than commercial quantity but greater than
small quantity, wit
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.
1[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 the punishment provided
for that offence.]
1[25. Punishment for allowing premises, etc., to be used for commission of an offence.-- 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.]
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
1[27. Punishment for consumption of any narcotic drug or psychotropic substance.-- Whoever,
consumes any narcotic drug or psychotropic substance shall be punishable,
(a) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetylmorphine
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 rigorous imprisonment for a
term which may extend to one year, or with fine which may extend to twenty thousand rupees; or
with both; and
(b) where the narcotic drug or psychotropic substance consumed is other than those specified in
or under clause (a), with imprisonment for a term which may extend to six month
1[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 2[ clause (viiib) of section 2] or harbours any person engaged in any of the aforementioned activities, 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.]
1[27B. Punishment for contravention of section 8A. -- Whoever contravenes the provision of
section 8A shall be punishable with rigorous imprisonment for a term which shall not be less than three
years but which may extend to ten years and shall also be liable to fine.]
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 punishment provided for the offence.
(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.
(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
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If any person makes preparation to do or omits to do anything which constitutes
an offence punishable under any of the provisions of 1[sections 19, 24 and 27A and for offences
involving commercial quantity of any narcotic drug or psychotropic substance 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
1[31. Enhanced punishment for 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 this Act is subsequently convicted of the commission of, or
attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under this
Act with the same amount of punishment shall be punished for the second and every subsequent offence
with rigorous imprisonment for a term which may extend to 2[one and one-half times of the maximum
term of imprisonment, and also be liable to fine which shall extend to 3[one and one-half times of the
maximum amount] of fine.
(2) Where the person referred to in sub-section (1) is liable to be punished with a minimum term of
imprisonment and to a minimum
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.
1[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.]
1[32B. Factors to be taken into account for imposing higher than the minimum punishment.-- Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under
this Act, the court may, in addition to such factors as it may deem fit, take into account the following
factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine,
namely:--
(a) the use or threat of use of violence or arms by the offender;
(b) the fact that the offender holds a public office and that he has taken advantage of that office in
committing the offence;
(c) the fact that the minors are affected by
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.
(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.
(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.
(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.
1[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
Special Court as may be necessary for such area or areas as may be 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 Cou
1[36A. Offences triable by Special Courts.-- (1) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974),
(a) all offences under this Act which are punishable with imprisonment for a term of more than
three years shall be triable only by 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 (2) or sub-section (2A) of section 167 of the Code of
Criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise the detention of such person in
such custody as he thinks fit for a period
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 (2 of 1974) 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.-- Save as otherwise provided in
this Act, the provisions of the Code of Criminal Procedure, 1973 (2 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.
1[36D. Transitional provisions.-- (1) Any offence committed under this Act on or after the
commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989),
which is triable by a Special Court shall, until a Special Court is constituted under section 36,
notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), be tried by a
Court of Session.
(2) Where any proceedings in relation to any offence committed under this Act on or after the
commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989)
are pending before a Court of Session, then, notwithstanding anything contained in sub-section (1), such
proceeding shall be heard and disposed of by the Court of Session:
Provided that nothing contained in th
1[37. Offences to be cognizable and non-bailable. -- (1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974),--
(a) every offence punishable under this Act shall be cognizable;
(b) no person accused of an offence punishable for 1[offences under section 19 or section 24 or
section 27A and also for offences involving commercial quantity] 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
(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
(1) When any addict is found guilty
of an offence punishable under section 27 1[or for offences relating to small quantity of any narcotic drug
or psychotropic substance] 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 med
(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 pu
1[41. Power to issue warrant and authorisation.-- (l) 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 this Act, 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 or
controlled substance in respect of which an offence punishable under this Act has been committed or any
document or other article which may furnish evidence of the commission of such offence or any illegally
acquired property or any document or other article which may furnish evidence of holding any illegally
acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept
or concea
[42. Power of entry, search, seizure and arrest without warrant or authorisation.-- (l) Any such
officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central
excise, narcotics, customs, revenue intellegence or any other department of the Central Government
including para-military forces or armed forces as is empowered 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, or controlled substance in respect of which an offence
punishable under this Act has
1[43. Power of seizure and arrest in public place. -- 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 or
controlled substance in respect of which he has reason to believe an offence punishable under this Act
has been committed, and, along with such drug or substance, any animal or conveyance or article
liable to confiscation under this Act, any document or other article which he has reason to believe
may furnish evidence of the commission of an offence punishable under this Act or any document or
other article which may furnish evidence of holding any illegally acquired property which is liable for
seizure or freezing or forfeiture under Chapter VA of this Act;
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 1[or
controlled substance], shall be construed as including references to coca plant, the opium poppy and
cannabis plant.
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.
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.
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.
Any Metropolitan Magistrate, Judicial
Magistrate of the first class or any Magistrate specially empowered in this behalf by the State
Government 1[or any officer of a gazetted rank empowered under section 42] 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.
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 1[or controlled 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 lawfu
(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.
1[50A. Power to undertake controlled delivery.-- The Director General of Narcotics Control
Bureau constituted under sub-section (3) of section 4 or any other officer authorised by him in this behalf,
may, notwithstanding anything contained in this Act, undertake controlled delivery of any consignment
to--
(a) any destination in India;
(b) a foreign country, in consultation with the competent authority of such foreign country to
which such consignment is destined, in such manner as may be prescribed.]
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.
(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.
(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.
1[52A. Disposal of seized narcotic drugs and psychotropic substances.-- 2[(1) The Central
Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of
proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic
substances, controlled substances or conveyances, by notification in the Official Gazette, specify such
narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs,
class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as
may be after their seizure, be disposed of by such officer and in such manner as that Government may,
from time to time, determine after following the procedure hereinafter specified.]
(2) Where any 3[narcotic drugs, psychotropic substances, con
(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 1[or any other department of the Central Government including
para-military forces or armed forces 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 2[or any other department] 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.
1[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 i
1[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 this Act in
respect of--
(a) any narcotic drug or psychotropic substance or controlled 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 controlled substance; or
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.
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.
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.
1[57A. Report of seizure of property of the person arrested by the notified officer.--Whenever
any officer notified under section 53 makes an arrest or seizure under this Act, and the provisions of
Chapter VA apply to any person involved in the case of such arrest or seizure, the officer shall make a
report of the illegally acquired properties of such person to the jurisdictional competent authority within
ninety days of the arrest or seizure.]
(1) Any person empowered under
section 42 or section 43 or section 44 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,
<
(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 office shall, unless he has obtained the
express written permission 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.
1[(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 c
1[(1)
Whenever any offence punishable under this Act has been committed, the narcotic drug, psychotropic
substance, controlled substance, 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 2[or controlled substances] 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 2[or
controlled substances] which is liable to confiscation under sub-section (1) and the receptacles, packages
and coverings in which any narcotic drug or psychotropic substance 2[or controlled substances], materials,
apparatus or utensil
Any goods used for
concealing any 1[narcotic drug, psychotropic substance] or controlled 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.
Where any 1[narcotic drug,
psychotropic substance] or controlled 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.
(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 pe
(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 r
1[64A. Immunity from prosecution to addicts volunteering for treatment.-- Any addict, who is
charged with an offence punishable under section 27 or with offences involving small quantity of narcotic
drugs or psychotropic substances, who voluntarily seeks to undergo medical treatment for de-addiction
from a hospital or an institution maintained or recognised by the Government or a local authority and
undergoes such treatment shall not be liable to prosecution under section 27 or under any other section for
offences involving small quantity of narcotic drugs or psychotropic substances:
Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo
the complete treatment for de-addiction.]
[Power to make rules regulating disposal of confiscated articles and rewards].-- Omitted by the
Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1989 (2 of 1989), s. 18
(w.e.f. 29-5-1989).
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 sha
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.
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
1, 2[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 punishable under this Act with
imprisonment for a term of 3[ten] 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 Traffi
1[68B. Definitions. -- In this Chapter, unless the context otherwise requires,
(a) "Appellate Tribunal" means the Appellate Tribunal 2[referred to in] 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 residential premises (including
out-houses) of such person;
(ii) any individual who had been or is managing the affairs or keeping
1[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 accordance with
the provisions of this Chapter:
2[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 he was arrested or against whom a warrant or authorisation of arrest has been issued for the commission of
1[68D. Competent authority.-- (1) The Central Government may, by order published in the Official
Gazette, authorise 2[any Commissioner of Customs or Commissioner 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 Government may, by order, direct.]
1[68E. Identifying illegally acquired property.-- 2(1) Every officer empowered under section 53 and
every officer-in-charge of a police station shall, or receipt of information is satisfied that any person to
whom this Chapter applies holds any illegally acquired property, he may, after recording reasons for
doing so, proceed to take all steps necessary for tracing and identifying such property.
(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-section (1) in accordance with such direc
1[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
proceeding 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 author
1[68G. Management of properties seized 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 68-I in
such manner and subject to such conditions as may be prescribed.
(3) The Administrator shall also take such measures, as the Central Government may direct, to
dispose of the property which is forfeited to the Central Government.]
1[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 information 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 particulars,
1[68-I. 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
opportunity 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
competent authority or represent his case before it within a period of thirty days specified in the show
cause notice, the c
1[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.]
1[68K. Fine in lieu of forfeiture. -- (1) Where the competent authority makes a declaration that any
property stands forfeited to the Central Government under section 68-I 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 affected shall be given a
reasonable 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 68-I
1[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 information 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 sec
1[68M. Certain transfers to be null and void.-- 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 referred to in the said order or notice is transferred by any mode whatsoever such transfer shall,
for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently
forfeited to the Central Government under section 68-I, then, the transfer of such property shall be
deemed to be null and void.]
1[68N. Constitution of Appellate Tribunal.-- The Appellate Tribunal constituted under
sub-section (1) of section 12 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (13 of 1976) shall be the Appellate Tribunal for hearing appeals against the orders
made under section 68F, section 68-I, sub-section (1) of section 68K or section 68L.]
1[68-O. Appeals.-- (1) 2[Any officer referred to in sub-section (1) of section 68E or any person
aggrieved by an order of the competent authority] made under section 68F, section 68-I, 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 filing 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 mak
1[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
error in the description of the property or person mentioned therein if such property or person is
identifiable from the description so mentioned.]
1[68Q. Bar of jurisdiction.-- No order passed or declaration made under this Chapter shall be
appealable except as provided therein 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 or to be taken in pursuance of any power conferred by or under this Chapter.]
1[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 (5 of 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
1[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
Government 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
purposes 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.]
1[68T. Certain officers to assist Administrator, competent authority and Appellate Tribunal -- For the purposes of any proceedings under this Chapter, the following officers are hereby empowered and
required to assist 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;
1[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 authorised 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.
1[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 opportunity of being heard.]
1[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 proceedings
under this Chapter.]
1[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 registered 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 provided 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 whom it is intended is known to have
last resided or carried on business or personally worked for gain.]
1[68Y. Punishment for acquiring property in relation to which proceedings have been taken,
under this 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 extend to fifty thousand rupees.]
1[68Z. Release of property in certain cases. -- (1) Where the detention order of a detenu is set aside
or withdrawn, properties seized or frozen under this Chapter shall stand released.
(2) Where any person referred to in clause (a) or clause (b) or clause (cc) of sub-section (2) of section
68A has been acquitted or discharged from the charges under this Act or any other corresponding law of
any other country and the acquittal was not appealed against or when appealed against, the appeal was
disposed of as a consequence of which such property could not be forfeited or warrant of arrest or
authorisation of arrest issued against such person has been withdrawn, then, property seized or frozen
under this Chapter shall stand released.]
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.
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) 1[The Government may establish,
recognise or approve as many centres as it thinks fit for identification, treatment, managemen], 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.
(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 fr
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.
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
1[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.]
(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.
(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 con
1[Every rule made under this Act by the
Central Government and every notification or order issued under clause (viia), clause (xi), clause (xxiiia)
of section 2, section 3, section 7A, section 9A and clause (a) of 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 anyt
(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 secti
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.
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.
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.
(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.
(1) If any difficulty arises in giving effect to the provisions of
this Act, the Central Government may, by order 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.
1[31A. Death penalty for certain offences after previous conviction.-- (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
2[section 19, section 24, section 27A and for offences involving commercial quantity of any narcotic drug
drug or psychotropic substance], is subsequently convicted of the commission of, or attempt to commit,
or abetment of, or criminal conspiracy to commit, an offence relating to,-- Legal Comments Purpose of Section - Section 31A introduces the option of death penalty or enhanced imprisonment for certain drug-offences after previous conviction to address recidivist and grave trafficking cases; framed to deter organized drug networks [India Code / NDPS references] - [“Section 31A - India Code.”] Triggering Offence - Section 31A applies to offences involved with narcotic drugs or psychotropic substances in specified high-severity circumstances, notably after previous conviction for related serious offences; the text targets repeat offenders in grave trafficking cases - [“Section 31A - India Code.”] Relationship with 31 - Section 31A operates notwithstanding Section 31, creating a harsher penalty pathway for defined repeat-offence scenarios; it functions as an enhanced punitive provision beyond the general regime in Section 31 - [“Section 31A - India Code.”] Penalty Stringency - The provision contemplates death penalty or substantial imprisonment term upon proven conditions; this reflects the NDPS Act’s overall severity framework against trafficking and repeat offences - [NDPS Act references / India Code summaries] - [“Section 31A - India Code.”] Previous Conviction Requirement - A key essential element is a prior conviction for a qualifying drug-offence; the existence of a prior conviction activates the enhanced penalty clause upon a subsequent commission of an aggravated offence - [“Section 31A - India Code.”] Scope of “Certain Offences” - The term covers offences connected with production, manufacture, possession, sale, purchase, or trafficking of narcotic drugs or psychotropic substances in the relevant aggravated context, as contemplated by the NDPS framework - [NDPS Act commentary / India Kanoon summaries] - [“Section 31A in The Narcotic Drugs And Psychotropic Substances Act”] Death Penalty Discretion - While death penalty is permissible under 31A, its actual imposition depends on the court’s evaluation of aggravating factors; the provision articulates maximums but requires applicable circumstances and due process - [Judicial analyses of 31A and capital punishment framework] - [“Section 31A of the NDPS Act – Death Penalty”] Conscious Possession and Bail Context (relevant to 31A) - In bail-oriented cases under NDPS, courts consider factors like conscious possession and gravity of offence; Section 37 standards influence decisions where prior-conviction-enhanced penalties may be invoked in trial, though 31A itself is about sentencing upon conviction - [NDPS bail jurisprudence] - [“Regular Bail – NDPS Act”] Relationship with Section 37 (bail) - Section 37 requires reasonable grounds to believe the accused is not guilty; though primarily a bail concept, the severity under 31A can indirectly shape bail considerations if prior-conviction and grave offence are established but bail is not the remedy under 31A itself - [Regular Bail NDPS reviews] - [“Ratio Decidendi: Section 37 NDPS”] Legislative Intent - 31A reflects stringent policy against repeat serious traffickers to deter organized crime and reduce illicit drug supply; the rule aligns with India’s treaty obligations and public interest in curbing large-scale trafficking - [NDPS Act overview / amendments history] - [“Death Penalty under Section 31A”] Comparative Penal Context - The NDPS regime places penalties for commercial quantities or aggravated trafficking into a special high-penalty category; 31A complements other sections by targeting recidivist conduct to ensure deterrence for systemic drug networks - [NDPS Act penalty structure summaries] - [“Punishments under NDPS Act”] Relationship to Commercial Quantity Context - While 31A is about punishment after prior conviction, courts often assess the quantity and nature of the offence (including commercial quantities) in determining eligibility for harsher penalties; the presence of a commercial quantity intensifies the prosecutorial and sentencing posture under NDPS - [Case law on bail and quantity considerations] - [“Regular Bail – Mundra port case”] Presumptions and Proof Requirements - 31A requires proving previous conviction and the qualifying circumstances of the subsequent offence; it does not lower the burden of proof in the subsequent case but prescribes the potential quantum of punishment upon conviction - [NDPS statutory structure] - [“Section 31A – Indian Kanoon / India Code”] Constitutional Considerations - The provision engages constitutional questions around proportionality and due process in the context of capital punishment; courts have historically scrutinized the application of death penalty under 31A to ensure compliance with fundamental rights and procedure - [Judicial commentary on capital punishment under NDPS] - [“Mandatory death penalty under the NDPS Act – 31A”] Interaction with Rule 53-55 / 8(c) / 8A references - The cross-referenced rules and allied legal provisions (Rules 53-55; 8(c), 8A) shape procedural dimensions in NDPS cases, though 31A itself is sentencing-focused; the overall toolkit governs investigations and trial conduct leading to conviction and sentence - [Regular Bail case references] - [“NDPS Rules 53-55”] Practical Impact on Prosecutors - The existence of Section 31A informs charging strategies to seek enhanced penalties for repeat offenders where facts satisfy the triggers; it also informs the defense’s approach to contest or mitigate the gravity findings and prior-conviction authenticity - [NDPS case commentary / bail decisions] - [“Regular Bail – Mundra port case”] Practical Impact on Defence - For defendants with prior convictions, Section 31A alerts to the possibility of waiving leniency in sentencing and the potential for severe outcomes; defence strategies may focus on challenging the applicability of the prior conviction or the new offence's qualifying features - [NDPS jurisprudence on 31A] - [“Section 31A – Indian Kanoon / India Code”] Judicial Emphasis on Deterrence - Jurisprudence under NDPS consistently underscores the gravity of drug trafficking and the deterrent aims of harsher penalties, including capital punishment in appropriate cases, to disrupt organized networks and protect society from large-scale harm - [Judgments citing deterrence rationale] - [“NDPS Section 31A – Deterrence emphasis”] Limitations and Safeguards - While 31A prescribes stringent penalties, it remains subject to due-process safeguards, evidentiary standards, and constitutional checks; misapplication risks halting the proportionality principle and can be contested on legal grounds like insufficient prior-conviction proof - [Constitutional and procedural critiques] - [“31A – Constitutional considerations”] Summary takeaway - Section 31A serves as an extreme sentencing mechanism to target repeat, grave drug offences; its invocation depends on prior conviction and qualifying subsequent offences, with death penalty or enhanced imprisonment as potential outcomes, subject to judicial discretion and due process - [India Code / NDPS regime] - [“Section 31A – India Code”]
(a) engaging in the production, manufacture, possession, transportation, import into India, export
from India or transhipment, of the narcotic drugs or psychotropic substances specified under column (1) of the Table below and involving the quantity which is equal to or more than the quantity
In this Act, unless the context otherwise requires,-- Legal Comments "Section 2 - Definitions" - Section 2 provides key definitions including narcotic drugs and psychotropic substances, forming the bedrock for all offences under the Act - "Essential scope of Section 2(xi), (xiv), (xviii)" - Section 2( xi) and (xiv) define “narcotic drugs” and “psychotropic substances” for regulatory purposes; Section 2(xviii) includes “imports/exports” related terms guiding interpretation - [Fakkihussain Fakkihasan Qureshi VS L. Hmingliana, Secretary (Preventive Detention) Gov. of Mahaharashtra and others] "Mandrex tablets not narcotic" - Courts have held that not all tablets labeled as narcotics fall within NDPS; Section 2 must map to notified drugs; mischaracterization undermines convictions - [Fakkihussain Fakkihasan Qureshi VS L. Hmingliana, Secretary (Preventive Detention) Gov. of Mahaharashtra and others] "Poppy straw and definitions" - Definitions in Section 2(xv)–(xviii) critically affect what constitutes contraband (e.g., poppy husk/straw) and influence link-evidence and classification under Section 15 - [ROSHAN LAL VS STATE OF HP] "Link evidence and conformity to definitions" - Courts emphasize complete link evidence from seizure to laboratory examination; substance must conform to statutory definitions (e.g., poppy straw) to sustain conviction - [ROSHAN LAL VS STATE OF HP] "Exclusive possession requirement under Section 42" - Conviction for narcotics requires proof of exclusive possession of contraband by the accused; failure to establish exclusive possession can lead to acquittal - [State of Himachal Pradesh VS Tarsem Singh] "Section 50(1) mandatory compliance" - The right to be searched before a Gazetted Officer or Magistrate is mandatory; non-compliance can vitiate the search and arrest, leading to acquittal or reversal of conviction - [Mukhtiar Singh VS State Of Haryana], [Daljit Singh S/o Shingara Singh R/o Village Khatauli, P. S. Julkan, District Patiala VS State Of Haryana], [Suresh VS State of Madhya Pradesh] "Section 50(1) affidavits and documentation" - Affidavits of link-evidence must be properly verified; defective affidavits can render conviction unsustainable - [Gopi Ram VS State of Punjab], [00500007026] "Section 42(2) non-compliance" - Non-compliance with Section 42(2) (entry/search/arrest without proper authorization) can lead to acquittal where prosecution bears the burden of lawful procedure - [Union of India VS Surja Ram] "Bail and NDPS timing provisions" - Bail in NDPS cases is governed by Section 37 and related procedural amendments; pre-1989 and post-amendment frameworks affect availability of bail; appellate courts emphasize procedural privilege and propriety of bail decisions - [RAVI SHARMA VS N. C. B. ] "Commercial vs non-commercial quantities" - Determinations of quantity (small/intermediate/commercial) drive punishment and bail/denial decisions; Notifications and main Act prevail over conflicting subordinate rules - [Uttam Chand VS State of Haryana], [Yethul T, S/o. Jayadevan VS State Of Kerala] "Section 18 – Link-evidence and seizure integrity" - Cases discuss recovery of opium/poppy husk with link-evidence concerns and the necessity of lawful chain-of-custody; tampering or unreliable links can reverse outcomes - [00500007026], [Khurshid VS State of Punjab] "Section 15 – Penalties for contraband (poppy husk/husk)" - Section 15 offences hinge on possession of narcotics; conviction can be overturned for faulty search, delays in lab-analyses, or misapplication of definitions (e.g., poppy husk vs opium) - [ROSHAN LAL VS STATE OF HP], [Daljit Singh S/o Shingara Singh R/o Village Khatauli, P. S. Julkan, District Patiala VS State Of Haryana], [Nirmal Singh S/o Mehtab Singh, R/o Village Chhaju Pur, Talheri, P. S Ismalabad, Distt. Kurukshetra VS State Of Haryana] "Section 21/29 – Additional offences and safeguards" - Provisions dealing with more serious penalties, bail restrictions, and procedural safeguards in trials under Sections 21/29; appellate scrutiny often emphasizes adherence to due process and material evidence - [Manojkumar @ Ashok s/o. Chhiddilal Uike VS State of Maharashtra], [Yethul T, S/o. Jayadevan VS State Of Kerala] "Section 2(xiv), 2(xvii), 2(xviii) – Poppy seeds/import policy" - Higher courts have examined import/export controls and regulatory policy (CBN guidelines) under 2(xiv)/(xvii)/(xviii); policy considerations may override narrow commercial interests where public interest is at stake - [Chailbihari Trading Private Limited VS Union of India Through Ministry of Finance, (Department of Revenue)] "Section 36A/36A(4) – overriding effect for bail" - Special judicial discretion on bail in NDPS matters is recognized, with Section 36A signals overriding to allow broader powers in certain circumstances (over CrPC provisions) - [Inspector of Customs VS Betrand Tochukwu Ikwuka] "Section 2 definitions and Charas" - For Charas, strict conformity to the statutory definition is required; misclassification or failure to prove conformity can result in acquittal - [State of Himachal Pradesh VS Parkash Chand] "Section 50(1) – mandatory and precise compliance (consent/notice timing)" - Supreme Court lineage mandates precise compliance with Section 50(1); substantial compliance is not enough; defective compliance can nullify the search and seizure - [Suresh VS State of Madhya Pradesh], [Mukhtiar Singh VS State Of Haryana] "Section 42 – entry/search without warrant" - The Act contemplates procedures for entry and search; non-compliance undermines evidence and can lead to acquittal or dismissal of charges - [Union of India VS Surja Ram] "Section 2(viia) – commercial quantity in charas cases" - Notifications defining commercial quantity for charas influence sentencing and conviction in cases involving charas; statutory hierarchy favors the main Act over subordinate rules - [Uttam Chand VS State of Haryana] "Non-availability of FSL report and bail impact" - In some cases, lack of forensic lab reporting or discrepancies in lab results can affect bail and conviction outcomes; courts scrutinize the reliability of lab findings - [Inspector of Customs VS Betrand Tochukwu Ikwuka], [HIRAMAN LAL HALBA VS STATE OF CHHATTISGARH] "Witness credibility and independent witnesses" - Absence or credibility issues with independent witnesses can undermine the prosecution’s case and lead to acquittal or remand for new trial - [00500007026], [Raju Pandey, S/o K. P. Pandey VS State of Chhattisgarh through Police Station, Ambikapur] "Judicial approach to NDPS nuances" - Indian jurisprudence consistently reinforces rigorous standards for NDPS prosecutions: correct definitions, chain-of-custody, compliance with mandated procedures, and careful assessment of evidence before affirming convictions - [Prem Lal VS State of Himachal Pradesh], [TRILOKI GUPTA VS STATE OF CHHATTISGARH] "Remedial avenues for accused" - Various avenues exist to challenge NDPS convictions: challenging compliance with Section 50/42, challenging the definition conformity (e.g., Charas/Poppy Husk), and arguing for bail or remand based on procedural deficiencies - [HIRAMAN LAL HALBA VS STATE OF CHHATTISGARH], [Hardev Singh VS State of Punjab]
1[(i) "addict" means a person who has dependence on 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
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