SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
(1) This Act may be called the Narcotic Drugs and Psychotropic Substances Act, 1985.(2) It extends to the whole of India.(3) It shall come into force on such d...
2Definitions
In this Act, unless the context otherwise requires,-(i) "addict" means a person addicted to any narcotic drug or psychotropic substance;(ii) "Board" means the ...
3Power to add to or omit from the list of psychotropic substances.
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...
Chapter IIAuthorities And Officers
4Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc.
(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 preventin...
5Officers of Central Government.
(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 su...
6The Narcotic Drugs and Psychotropic Substances Consultative Committee.
(1) The Central Government may constitute, by notification in the Official Gazette, an advisory committee to be called "The Narcotic Drugs and Psychotropic Su...
7Officers of State Government.
(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-se...
Chapter IIANational Fund For Control Of Drug Abuse
7ANational 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...
7BAnnual 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 accou...
Chapter IIIProhibition, Control And Regulation
8Prohibition of certain operations
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, manufact...
9Power of Central Government to permit, control and regulate.
(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 (suc...
9APower 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 dr...
10Power of State Government to permit, control and regulate.
(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, expo...
11Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment
Notwithstanding anything to the contrary contained in any law or contract, no narcotic drug, psychotropic substance, coca plant, the opium poppy or cannabis p...
12Restrictions over external dealings in narcotic drugs and psychotropic substances.
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 ...
13Special provisions relating to coca plant and coca leaves for use in the preparation of flavoring agent
Notwithstanding anything contained in section 8, the Central Government may permit, with or without conditions, and on behalf of Government, the cultivation o...
14Special provision relating to cannabis.
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,...
Chapter IVOffences And Penalties
15Punishment for contravention in relation to poppy straw.
Whoever, in contravention of any provision of this Act or any rule or order made or condition of a license granted thereunder, produces, possesses, transports...
16Punishment 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 license granted thereunder, cultivates any coca plant or gath...
17Punishment 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 license granted thereunder manufactures, possesses, sells, pu...
18Punishment 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 license granted thereunder cultivates the opium poppy or pro...
19Punishment for embezzlement of opium by cultivator.
Any cultivator licensed to cultivate the opium poppy on account of the Central Government who embezzles or otherwise illegally disposes of the opium produced ...
20Punishment for contravention in relation to cannabis plant and cannabis.
Whoever, in contravention of any provision of this Act or any rule or order made or condition of license granted thereunder,-(a) cultivates any cannabis plant;...
21Punishment 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 license granted thereunder manufactures, possesses, sells, p...
22Punishment 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 license granted thereunder, manufactures, possesses, sells, p...
23Punishment 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 license or permit granted or certificate or authorization iss...
24Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12.
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 Indi...
25Punishment 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...
25APunishment for contravention of orders made under section 9A.
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...
26Punishment for certain acts by licensee or his servants.
If the holder of any license, permit or authorization granted under this Act or any rule or order made thereunder or any person in his employ and acting on hi...
27Punishment for illegal possession in small quantity for personal consumption of any narcotic drug or psychotropic substance or consumption of such drug or substance.
Whoever, in contravention of any provision of this Act, or any rule or order made or permit issued thereunder, possesses in a small quantity, any narcotic dru...
27APunishment for financing illicit traffic and harboring offenders
Whoever indulges in financing, directly or indirectly, any, of the activities specified in sub-clauses (i) to (v) of clause (viiia) of section 2 or harbors an...
28Punishment for attempts to commit offences.
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 com...
29Punishment for abetment and criminal conspiracy.
(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 commit...
30Preparation.
If any person makes preparation to do or omits to do anything which constitutes an offence punishable under any of the provisions of section 15 to section 25 ...
31Enhanced punishment for certain 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 pun...
31ADeath 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 cri...
32Punishment for offence for which no punishment is provided.
Whoever contravenes any provision of this Act or any rule or order made, or any condition of any license, permit or authorization issued thereunder for which ...
32ANo suspension, remission or commutation in any sentence awarded under this Act.
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being in force but subject to the provisions of secti...
33Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958.
Nothing contained in section 360 of the Code of Criminal Procedure, 1973 or in the Probation of Offenders Act, 1958 shall apply to a person convicted of an of...
34Security for abstaining from commission of offence.
(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 necessar...
35Presumption of culpable mental state.
(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 ment...
36Constitution of Special Courts
(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 ...
36AOffences triable by Special Courts
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,-(a) all offences under this Act shall be triable only by the Special Court con...
36BAppeal and revision
The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973, on a High...
36CApplication of Code to proceedings before a Special Court.
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (including the provisions as to bail and bonds) shall apply to ...
36DTransitional provisions
(1) Any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988, until a Special...
37Offences to be cognizable and non-bailable
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,-(a) every offence punishable under this Act shall be cognizable;(b) no person ...
38Offences by companies.
(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 resp...
39Power of court to release certain offenders on probation.
(1) When any addict is found guilty of an offence punishable under section 27 and if the court by which he is found guilty is of the opinion, regard being had...
40Power of court to publish names, place of business, etc., of certain offenders.
(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 ...
Chapter VProcedure
41Power to issue warrant and authorization.
(1) 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 beh...
42Power of entry, search, seizure and arrest without warrant or authorization.
(1) Any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intel...
43Power of seizure and arrest in public places.
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 in...
44Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant.
The provisions of sections 41, 42 and 43, shall so far as may be, apply in relation to the offences punishable under Chapter IV and relating to coca plant, th...
45Procedure where seizure of goods liable to confiscation not practicable.
Where it is not practicable to seize any goods (including standing crop) which are liable to confiscation under this Act, any officer duly authorized under se...
46Duty of land holder to give information of illegal cultivation.
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...
47Duty of certain officers to give information of illegal cultivation.
Every officer of the Government and every panch, sarpanch and other village officer of whatever description shall give immediate information to any officer of...
48Power of attachment of crop illegally cultivated.
Any Metropolitan Magistrate, Judicial Magistrate of the first class or any Magistrate specially empowered in this behalf by the State Government 14[or any off...
49Power to stop and search conveyance.
Any officer authorized 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 n...
50Conditions under which search of persons shall be conducted.
(1) When any officer duly authorized under section 42 is about to search any person under the provisions of section 41, section 42 or sections 43, he shall, i...
51Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures.
The provisions of the Code of Criminal Procedure, 1973 shall apply, in so far as they are not inconsistent with the provisions of this Act, to all warrants is...
52Disposal of persons arrested and articles seized.
(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....
52ADisposal of seized narcotic drugs and psychotropic substances.
(1) The Central Government may, having regard to the hazardous nature of any narcotic drugs or psychotropic substances, their vulnerability to theft, substitu...
53Power to invest officers of certain departments with powers of an officer-in-charge of a police station.
(1) The Central Government, after consultation with the State Government, may, by notification published in the Official Gazette, invest any officer of the de...
53ARelevancy 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 ...
54Presumption 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 Chapter IV in respect o...
55Police to take charge of articles seized and delivered.
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 A...
56Obligation of officers to assist each other.
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 ou...
57Report of arrest and seizure.
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 al...
58Punishment for vexatious entry, search, seizure or arrest.
(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 enter...
59Failure of officer in duty or his connivance at the contravention of the provisions of this Act.
(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 offic...
60Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.
(1) Whenever any offence punishable under Chapter IV has been committed, the narcotic drug, psychotropic substance, the opium poppy, coca pant, cannabis plant...
61Confiscation of goods used for concealing illicit drugs or substances.
Any goods used for concealing any narcotic drug or psychotropic substance which is liable to confiscation under this Act shall also be liable to confiscation....
62Confiscation of sale proceeds of illicit drugs or substances.
Where any narcotic drug or psychotropic substance is sold by a person having knowledge or reason to believe that the drug or substance is liable to confiscati...
63Procedure in making confiscations.
(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 ...
64Power to tender immunity from prosecution.
(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 obta...
64AImmunity from prosecution to addicts volunteering for treatment
Any addict, who is not charged with any offence punishable under sections 15 to 25 (both inclusive) or section 27A, who voluntarily seeks to undergo medical t...
66Presumption as to documents in certain cases.
Where any document-(i) is produced or furnished by any person or has been seized from the custody or control or any person, in either case, under this Act or ...
67Power to call for information, etc.
Any officer referred to in section 42 who is authorized in this behalf by the Central Government or a State Government may, during the course of any enquiry i...
68Information as to commission of offences.
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...
Chapter VAForfeiture Of Property Derived From, Or Used In, Illicit Traffic
68AApplication
(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 followi...
68BDefinitions
In this Chapter, unless the context otherwise requires, -(a) "Appellate Tribunal" means the Appellate Tribunal for Forfeited Property constituted under section...
68CProhibition 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 eithe...
68DCompetent authority.
(1) The Central Government may, by order published in the Official Gazette, authorize any Collector of Customs or Collector of Central Excise or Commissioner ...
68EIdentifying illegally acquired property
(1) Every officer empowered under section 53 and every officer-in-charge of a police station, shall on receipt of information that any person to whom this Cha...
68FSeizure 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 in...
68GManagement 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 Go...
68HNotice 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 beh...
68-IForfeiture 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 bef...
68JBurden 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 prop...
68KFine 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 t...
68LProcedure 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 materia...
68MCertain 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...
68NConstitution of Appellate Tribunal
(1) The Central Government may, by notification in the Official Gazette, constitute an Appellate Tribunal to be called the Appellate Tribunal for Forfeited Pr...
68-OAppeals
(1) 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, with...
68PNotice 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 descripti...
68QBar 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...
68RCompetent 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,  in...
68SInformation 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 Governmen...
68TCertain 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 s...
68UPower 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 fi...
68VRectification 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 b...
68WFindings 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....
68XService 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 ...
68YPunishment 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 wi...
69Protection of action taken in good faith.
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 t...
70Central Government and State Governments to have regard to international conventions while making rules.
Whenever under this Act the Central Government or the State Government has been empowered to make rules, the Central Government or the State Government, as th...
71Power of Government to establish centers for identification, treatment, etc., of addicts and for supply of narcotic drugs and psychotropic substances.
(1) The Government may, in its discretion, establish as many centers as it thinks fit for identification, treatment, education, after-care, rehabilitation, so...
72Recovery of sums due to Government.
(1) In respect of any license fee or other sum of any kind payable to the Central Government or to the State Government under any of the provisions of this Ac...
73Bar of jurisdiction.
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 m...
74Transitional provisions
Every officer or other employee of the Government exercising or performing, immediately before the commencement of this Act, any powers or duties with respect...
74APower 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...
75Power to delegate.
(1) The Central Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the ...
76Power of Central Government to make rules.
(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...
77Rules and notifications to be laid before Parliament.
Every rule made under this Act by the Central Government and every notification issued under clause (xi) of section 2, section 3 and clause (a) of, and Explan...
78Power of State Government to make rules.
(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 o...
79Application of the Customs Act, 1962.
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 psychotr...
80Application of the Drugs and Cosmetics Act, 1940 not barred.
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 or the rules made ...
81Saving of State and special laws.
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 f...
82Repeal and savings.
(1) The Opium Act, 1857, the Opium Act, 1878 and the Dangerous Drugs Act, 1930 are hereby repealed. (2) Notwithstanding such repeal, anything done or any...
83Power to remove difficulties.
(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...
ScheduleList of Psychotropic Substances
[See clause (xxiii) of section 2]Sl. No.International non-proprietary NamesOther non-proprietary namesChemical name1 DETN, N-Diethyltryptamine2 DMHP3-(1,2-Dimet...
Footnotes
1. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988, (Act No. 2 of 1989) dated 6th. January, 1989.2. Inserted by Act No.2 of 1...
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