Dangerous Drugs Act, 1930
No one shall engage in or control any trade whereby a dangerous drug is obtained outside 23[India] and supplied to any person outside 23[India], save in accordance with the conditions of a licence granted by and at the discretion of the State Government.
Whoever-
(a) cultivates any coca plant or gathers any portion of a coco plant;
(b) manufactures or possesses prepared opium otherwise than as permitted under Section 4; or
(c) imports into 23[India], exports from 23[India], transships or sells prepared opium,
24[shall be punishable with imprisonment which may extend to three years, with or without fine]:
Provided that this section shall not apply to the cultivation of any coca plant or to the gathering of any portion thereof on behalf of the Government.
Whoever, in contravention of Section 5, or any rule made under that section, or of any condition of a licence granted thereunder-
(a) cultivates the poppy, or
(b) manufactures opium,
24[shall be punishable with imprisonment which may extend to three years, with or without fine].
Whoever, in contravention of Section 6, or any rule made under that section, or any condition of a licence granted thereunder, manufactures any manufactured drug, 24[shall be punishable with imprisonment which may extend to three years, with or without fine].
Whoever, in contravention of Section 7, or any rule made under that section, or any condition of a licence granted thereunder-
(a) imports into, 25[India];
(b) exports from, 25[India]; or
(c) tranships,
any dangerous drug 24[shall be punishable with imprisonment which may extend to three years, with or without fine].
Whoever, in contravention of Section 8, or any rule made under that section, or any condition of a licence issued thereunder-
(a) imports or exports inter-provincially, transports, possesses or sells any manufactured drug or coca leaf; or
(b) manufactures medicinal opium or any preparations containing morphine, diacetylmorphine or cocaine;
24[shall be punishable with imprisonment which may extend to three years, with or without fine].
Whoever, being the owner or occupier or having the use of any house, room, enclosure, space, vessel, vehicle, or place, knowingly permits it to be used for the commission by any other person of an offence punishable under Section 10, Section 12, Section 13, or Section 14, 24[shall be punishable with imprisonment which may extend to three years, with or without fine].
Whoever, having been convicted of an offence punishable under Section 10, Section 12, Section 13, or Section 14, is guilty of any offence punishable under any of those sections, shall be subject for every such subsequent offence a to imprisonment which may extend to four years, 26[with or without fine].
Whoever, having been convicted of an offence punishable under Section 15, is again guilty of an offence punishable under that section, shall be subject for every such subsequent offence to imprisonment which may extend to four years, 26[with or without fine].
(1) Whenever any person is convicted of an offence punishable under Section 10, Section 12, Section 13 or Section 14, 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 offences punishable under those sections, 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 the commission of such offences during such period, not, exceeding three years, as it thinks fit to fix.
(2) The bond shall be in the form contained in Schedule I, and the provisions of the Code of Criminal Procedure, 1898 (5 of 1898)27 shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under Section 106 of that Code.
(3) If the conviction is set aside on appeal or otherwise, the bond so execut
Whoever engages in or controls any trade whereby a dangerous drug is obtained outside 28[India] and supplied to any person outside 28[India], otherwise than in accordance with the conditions of a licence granted under Section 9 shall be punished with fine which may extend to one thousand rupees.
Whoever attempts to commit an offence punishable under this Chapter, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall be punished with the punishment provided for the offence.
(1) Whoever abets an offence punishable under this chapter shall, whether such offence be or be not committed in consequence of such abetment, and notwithstanding anything contained in Section 116 of the Indian Penal Code (45 of 1860), be punished with the punishment provided for the offence.
(2) A person abets an offence within the meaning of this section who, in Subs. by Act 62 of 1956, Section 2 and Schedule for "the State" 28[India] abets the commission of any act in a place without and beyond 28[India] which-
(a) would constitute an offence if committed within 28[India]; or
(b) under the laws of such place, is an offence relating to dangerous drugs having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this chapter, if committed within 28[India].
(1) The Collector, or other officer authorized by the State Government in this behalf, or a Presidency Magistrate or a Magistrate of the first class, or a 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 an offence punishable under Chapter III, or for the search, whether by day or by night, of any building, vessel or place in which he has reason to believe any dangerous drug in respect of which an offence punishable under Chapter III has been committed is kept or concealed.
(2) The officer to whom a search warrant under sub-section (1) is addressed shall have all the powers of an officer acting under Section 23.
(1) 29[Any officer of the department of Central Excise, Narcotics, Drugs Control, Customs, Revenue, Police or Excise, superior in rank to a peon or constable, authorized in this behalf by the Central Government or the State Government] who has reason to believe, from personal knowledge or from information given by any person and taken down in writing, that any dangerous drug in respect of which an offence punishable under Chapter III has been committed is kept or concealed in any building, vessel or enclosed place, may, between sunrise and sunset,-
(a) enter into any such building, vessel or place;-
(b) in case of resistance, break open any door and remove any other obstacle to such entry;
(c) seize such drug and all materials used in the manufacture thereof and any other article which he has reason to believe to be liable to confiscation under Section 33 and any document or other article which he has reason to believe may furnish evide
Any Officer of any of the departments mentioned in Section 23 may-
(a) seize, in any public place or in transit, any dangerous drug in respect of which he has reason to believe an offence punishable under Chapter III has been committed, and, along with such drug, any other article liable to confiscation under Section 33, and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under Chapter III relating to such drug;
(b) detain and search any person whom he has reason to believe to have committed an offence punishable under Chapter III, and, if such person has any dangerous drug in his possession and such possession appears to him to be unlawful, arrest him and any other persons in his company.
The provisions of the Code of Criminal Procedure, 1898 (5 of 1898)30, shall apply, in so far as they are not inconsistent with the provisions of Sections 22, 23 and 24, to all warrants issued and arrests and searches made under those sections.
All officers of the several departments mentioned in Section 23 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.
Any person empowered under Section 23 or Section 24 who-
(a) without reasonable grounds of suspicion, enters or searches, or causes to be entered or searched, any building, vessel or place;
(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any dangerous drug other article liable to be confiscated under Section 33, or of seizing any document or other article liable to seizure under Section 23 or Section 24; or
(c) vexatiously and unnecessarily detains, searches or arrests any person,
shall be punished with fine which may extend to five hundred rupees.
(1) Every person arrested and articles seized under a warrant issued under Section 22 shall be forwarded without delay to the authority by whom the warrant was issued; and every person arrested and article seized under Section 23 or Section 24 shall be forwarded without delay to the officer in charge of the nearest police station or to the nearest officer of the Excise Department empowered under Section 30.
(2) The authority or officer to whom any person or article is forwarded under this section shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or article.
The State Government may invest any officer of the Excise 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.
Repealed by the Opium Laws (Amendment) Act, 1957 (52 of 1957), Section 9.
In trials under this Act it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under Chapter III in respect of-
(a) any dangerous drug;
(b) any poppy or coca plant growing on any land which he has cultivated;
(c) any apparatus specially designed or any group of utensils specially adapted for the manufacture of any dangerous drug; or
(d) any materials which have undergone any process towards the manufacture of a dangerous drug, or any residue left of the materials from which a dangerous drug has been manufactured,
for the possession of which he fails to account satisfactorily.
(1) Whenever any offence has been committed which is punishable under Chapter III, the dangerous drug, 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 dangerous drug lawfully imported, transported, manufactured, possessed, or sold along with, or in addition to, any dangerous drug which is liable to confiscation under sub-section (1), and the receptacles, packages and coverings in which any dangerous drug, materials, apparatus or utensils liable to confiscation under sub-section (1) is found, and the other contents, if any, of such receptacles or packages, and the animals, vehicles, vessels and other conveyances used in carrying the same, shall likewise be liable to confiscation:
Provided that no animal, vehicle, vessel or other conveyance shall be liable to confiscation unless it is proved that the owner thereof knew that the offence was being, or was to be or was
(1) In the trial of offences under this Act, whether the accused is convicted or acquitted, the Court shall decide whether any article seized under this Chapter is liable to confiscation under Section 33; and, if it decides that the article is so liable, it may order confiscation accordingly.
(2) Where any article seized under this Chapter appears to be liable to confiscation under Section 33, but the person who committed the offence in connection therewith is not known or cannot be found, the Collector or other officer authorized by the State Government in this behalf, may inquire into and decide such liability, and may order confiscation accordingly:
Provided that no order of confiscation of an article shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim:
Provided, further, that, if any such article, other than
31[In connection with offences against rules which under this Act fall to be made by the State Government, the State Government, and in connection with other offences the Central Government,] may make rules to regulate-
(a) the disposal of all articles confiscated under this Act; and
(b) the rewards to be paid to officers, informers and other persons out of the proceeds of fines and confiscations under this Act.
(1) All rules made under this Act shall be subject to the condition of previous publication.
32[(2) Rules made under this Act shall be published in the Official Gazette.]
33[(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.
(4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, 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 both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any suc
(1) Any arrears of any licence fee chargeable by any rule made under this Act may be recovered from the person primarily liable to pay the same or from his surety (if any) as if it were an arrear 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 18) for the performance of any act, or for his abstention from any act, such performance or abstention shall be deemed to be a public duty, a within the meaning of Section 74 of the Indian Contract Act, 1872 (8 of 1872), and upon breach of the conditions of such bond by him, the whole sum named therein as the amount to be paid in case of such breach may be recovered from him or from his surety (If any) as if it were an arrear of land revenue.
All prohibitions and restrictions unposed by or under this Act on the import into 34[India], the export from 34[India], and the transhipment of dangerous drugs, shall be deemed to be prohibitions and restrictions imposed under Section 19 or Section 134 of the Sea Customs Act, 1878 (8 of 1878),35 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.
(1) Nothing in this Act or in the rules made thereunder shall affect the validity of an 36[Provincial Act] 37[or an Act of any State Legislature] for the time being in force, or of any rule made thereunder, which imposes any restriction not imposed by or under this Act, or imposes a restriction greater in degree than a corresponding restriction imposed by or under this Act, on the consumption of or traffic in any dangerous drug within 34[India].
(2) Nothing in this Act or in the rules made thereunder shall affect the validity of the Opium Act, 1857 (3 of 1857):
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 sub-section shall prevent the offender from being punished under this Act.
(Repealed by Act 1 of 1938, Section 2 and Schedule).
When anything done under any enactment specified in the first three columns of Schedule II is in force immediately prior to the commencement of this Act, it shall be deemed as from the commencement of this Act, to have been done under this Act or under that enactment as hereby amended, as the case may require.
SCHEDULE I
Bond to Abstain From the Commission of Offences
Under the Dangerous Drugs Act, 1930
(See Section 18)
Whereas I (name), inhabitant of (place), have been called upon to enter into a bond to abstain from the commission of offences under Section 10, Section 12, Section 13 and Section 14 of the Dangerous Drugs Act, 1930, for the term of …………….. I hereby bind myself not to commit any such offence during the said term and, in case of my making default therein, I hereby bind myself to forfeit to 38[the Government], 39[xxxx] the sum of rupees.
Dated this ………………… day of ………………… 19 ….
(Signature)
(Where a bond with sureties is to be executed, add-)
We do hereby declare ourselves sureties for the above-named.....................that he will absta
In this Act, unless there is anything repugnant in the subject or context,-
(a) "coca leaf" means-
(i) the leaf and young twigs of any coca plant, that is, of the Erythroxylon coca (Lamk.) and the Erythroxylon novo-granatense (Hiern.) and their varieties, and of any other species of this genus which the Central Government may by notification in the Official Gazette, declare to be coca plants for the purposes of this Act; and
(ii) any mixture thereof, with or without neutral materials; but does not include any preparation containing not more than 0.1 per cent. of cocaine;
(b) "coca derivative" means-
(i) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine;
(ii) ecgonine, that is, leavo-ecgonine having the chemical formula C9 H15 NO3 H2O, and all the derivatives of leavo-ecgonine from which it can be recovered;
&n
The Central Government may make rules prescribing the method by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses (a), (b), (e) and (f) of Section 2:
Provided that, unless and until such rules are made, such percentages shall be calculated on the basis that a preparation containing one per cent. of a substance means a preparation in which one gramme of the substance, if a solid, or one millilitre of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion for any greater or less percentage.
14[(1)] No one shall-
(a) cultivate any coca plant or gather any portion of a coca plant;
(b) manufacture or possess prepared opium, unless it is prepared from opium lawfully possessed for the consumption of the person so possessing it; or
(c) import into [India], export from 15[India], tranship or sell prepared opium:
Provided that this section shall not apply to the cultivation of any coca plant or to the gathering of any portion thereof on behalf of the Government.
16[(2) The State Government may make rules restricting and regulating the manufacture and possession of prepared opium from opium which is lawfully possessed under clause (b) of sub-section (1).]
(1) No one shall-
(a) cultivate the poppy (Papaver somniferum, L.) or
(b) manufacture opium,
save in accordance with rules made under sub-section (2) and with the conditions of any licence for that purpose which he may be required to obtain under those rules.
(2) The Central Government may make rules17 permitting and regulating the cultivation of the poppy (Papaver somniferum, L.) and the manufacture of opium, and such rules may prescribe the form and conditions of licences for such cultivation and manufacture, the authorities by which such licences maybe granted, the fees that may be charged therefor, and any other matter requisite to render effective the control of the Central Government over such cultivation and manufacture.
(3) The Central Government may also make rules18 permitting and regulating the sale of opium from Government factories for export or to State Governments or to manufacturing chemists.
(1) No one shall manufacture any manufactured drug, other than prepared opium, save in accordance with rules made under sub-section (2) and with the conditions of any licence-for that purpose which he may be required to obtain under those rules.
(2) The Central Government may make rules19 permitting and regulating the manufacture of manufactured drugs, other than prepared opium, and such rules may prescribe the form and conditions of licences for such manufacture, the authorities by which such licences may be granted and the fees that may be charged therefor, and any other matter requisite to render effective the control of the Central Government over such manufacture.
(3) Nothing in this section shall apply to the manufacture of medicinal opium or of preparations containing morphine, diacetylmorphine or cocaine from materials which the maker is lawfully entitled to possess.
(1) No one shall-
(a) import into 20[India],
(b) export from 20[India] or
(c) tranship
any dangerous drug, other than prepared opium, save in accordance with rules made under sub-section (2) and with the conditions of any licence for that purpose which he may be required to obtain under those rules.
(2) The Central Government may make 21[rules] permitting and regulating the import into and export from 20[India] and the transhipment of dangerous drugs, other than prepared opium, and such rules may prescribe the ports or places at which any kind of dangerous drug may be imported, exported, or transhipped, the form and conditions of licences for such import, export or transhipment, the authorities by which such licences may be granted, the fees that may be charged therefor, and any other matter requisite to render effective the control of the Central Government over such import, export and transhi
(1) No one shall-
(a) import or export inter-provincially, transport, possess or sell any manufactured drug, other than prepared opium, or coca leaf, or
(b) manufacture medicinal opium or any preparation containing morphine, diacetylmorphine or cocaine,
save in accordance with rules made under sub-section (2) and with the conditions of any licence for that purpose which he may be required to obtain under those rules.
(2) The State Government may 22[xxxx] make rules permitting and regulating-
(a) the inter-State import and export into and from the territories under its administration, the transport, possession and sale of manufactured drugs, other than prepared opium, and of coca leaf; and
(b) the manufacture of medicinal opium, or of any preparation containing morphine, diacetylmorphine or cocaine from materials which the maker is lawfully entitled to possess.
Such rules may prescri
(1) This Act may be called the Dangerous Drugs Act, 1930.
3[(2) It extends to the whole of India 4[xxxx].
(3) It shall come into force on such date 5 as the Central Government may, by notification in the Official Gazette, appoint.
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