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Section 31a – THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

 

31A. Death Penalty for certain offences after previous conviction

 

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 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, –

 

(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 indicated against each such drug or substance, as specified in column (2) of the said Table:

 

 

Particulars of Narcotic Drugs/ Psychotropic Substances Quantity
1 2
(i) Opium 10 Kg.
(ii) Morphine 1Kg.
(iii) Heroin 1Kg.
(iv) Codeine 1Kg.
(v) Thebeine 1Kg.
(vi) Cocaine 500 grams
(vii) Hashish 20 Kg
(viii) Any mixture with or without any neutral material of any of the above drugs 1,500 grams
(ix) LSD, LDS-25 (+)-(N)-Diethyllysergamide (d-lysergic acid diethylamide) 500 grams
(x) THC (Tetrahydrocannabinols, the following in omers: 6-a (10a), 6-a (7), 7, 8, 9, (11) and their stereochemical variantas) 500 grams
(xi) Msethamphetamine (+)-2- Methylamine-a-Phenylpropane 1,500 grams
(xii) Methaqualone (2-Methyl-3-0-toly-4-(3-H)-Quinanzolinone) 1,500 grams
(xiii) Amphetamine (+)-2-amino-1- Phenylpropan 1,500 grams
(xiv) Salts and preparations of the Psychotropic Substances mentioned in (ix) to (xiii) 1,500 grams

 

(b) Financing, directly or indirectly, any of the activities specified in clause (a), shall be punishable with death.

 

(2) Where any person is convicted by a competent court of criminal jurisdiction outside India under any law corresponding to the provisions of 3[section 19, section 24 or section 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance] such person, in respect of such conviction, shall be dealt with for the purposes of sub-section (1) as if he has been convicted by a Court in India].

 

1. Ins. by Act No. 2 of 1989 (w.e.f. 29-5-1989).

2. Substituted for “section 15 to section 25 (both inclusive) or section 27A” by NDPS (Amendment) Act, 2001, w.e.f. 2-10-2001 vode SO 957 (E), dt. 27-9-2001.

3. Substituted for “section 15 to section 25 (both inclusive), section 27A, section 28 or section 29” by NDPS (Amendment) Act, 2001, w.e.f. 2-10-2001 vode SO 957 (E), dt. 27-9-2001.

 

 

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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

 

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