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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

 

CONTENTS

Sections

Particulars

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

 

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