Narcotic Drugs and Psychotropic Substances Act, 1985
स्वापक औषधि और मनःप्रभावी पदार्थ अधिनियम, 1985
Control of narcotic drugs and psychotropic substances: offences, punishments, search, seizure and forfeiture of property.
- 128 sections
- 8 chapters
- Act No. 61 of 1985
Chapters and sections
3National Fund for Control of Drug AbuseSections 7A to 7B
4Prohibition, control and regulationSections 8 to 14
- 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 substances
- 13Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent
- 14Special provision relating to cannabis
5Offences and penaltiesSections 15 to 40
- 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
- 20Punishment 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 in to 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
- 25APunishment for contravention of orders made under section 9A
- 26Punishment for certain acts by licensee or his servants
- 27Punishment for consumption of any narcotic drug or psychotropic substance
- 27APunishment for financing illicit traffic and harbouring offenders
- 27BPunishment for contravention of section 8A
- 28Punishment for attempts to commit offences
- 29Punishment for abetment and criminal conspiracy
- 30Preparation
- 31Enhanced punishment for 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
- 32BFactors 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 Court
- 36AOffences triable by Special Courts
- 36BAppeal and revision
- 36CApplication of Code to proceedings before a Special Court
- 36DTransitional provisions
- 37Offences to be cognizable and non-bailable
- 38Offences by companies
- 39Power of court to release certain offenders on probation
- 40Power of court to publish names, place of business, etc., of certain offenders
6ProcedureSections 41 to 68
- 41Power to issue warrant and authorisation
- 42Power of entry, search, seizure and arrest without warrant or authorisation
- 43Power of seizure and arrest in public place
- 44Power 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 departments with powers of an officer-in-charge of a police station
- 53ARelevancy of statements under certain circumstances
- 54Presumption from possession of illicit articles
- 55Police to take charge of articles seized and delivered
- 56Obligation of officers to assist each other
- 57Report of arrest and seizure
- 57AReport of seizure of property of the person arrested by the notified officer
- 58Punishment 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
- 64Power to tender immunity from prosecution
- 64AImmunity from prosecution to addicts volunteering for treatment
- 65OmittedOmitted
- 66Presumption as to documents in certain cases
- 67Power to call for information, etc
- 68Information as to commission of offences
7Forfeiture of illegally acquired propertySections 68A to 68Z
- 68AApplication
- 68BDefinitions
- 68CProhibition of holding illegally acquired property
- 68DCompetent authority
- 68EIdentifying illegally acquired property
- 68FSeizure or freezing of illegally acquired property
- 68GManagement of properties seized or forfeited under this Chapter
- 68HNotice of forfeiture of property
- 68-IForfeiture of property in certain cases
- 68JBurden 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
- 68-OAppeals
- 68PNotice or order not to 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
- 68UPower to take possession
- 68VRectification of mistakes
- 68WFindings under other laws not conclusive for proceedings under this Chapter
- 68XService 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
8MiscellaneousSections 69 to 83
- 69Protection 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 drug and psychotropic substances
- 72Recovery of sums due to Government
- 73Bar of jurisdiction
- 74Transitional provisions
- 74APower of Central Government to give directions
- 75Power 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
Text: the updated official English text on India Code, with later amendments (through the open-laws dataset). Legaflix is checking it against the official copy; amendment notes and Schedules are not added yet.
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