THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

ACT NO. 61 OF 1985 [16th September, 1985.] An Act to consolidate

and amend the law relating to narcotic drugs, to make stringent
provisions for the control and regulation of operations relating to
narcotic drugs and psychotropic substances 1*[ to provide for the
forfeiture of property derived from, or used in, illicit traffic in narcotic
drugs and psychotropic substances, to implement the provisions of
the International Conventions on Narcotic Drugs and Psychotropic
Substances].and for matters connected therewith. BE it enacted by
Parliament in the Thirty-sixty Year of the Republic of India as
follows:-- CHAP PRELIMINARY CHAPTER I PRELIMINARY 1. Short title,
extent and commencement. 1. Short 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 date 2* as the Central
Government may, by notification in the Official Gazette, appoint,
and different dates may be appointed for different provisions of this
Act and for different States and any reference in any such provision
to the commencement of this Act shall be construed in relation to
any State as a reference to the coming into force of that provision in
that State. 2. Definitions. 2. Definitions. 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
Central Board of Excise and Customs constituted under the Central
Boards of Revenue Act, 1963 (54 of 1963), (iii) "cannabis (hemp)"
means-- (a) charas, that is, the separated resin, in whatever form,
whether crude or purified, obtained from the cannabis plant and also
includes concentrated preparation and resin known as hashish oil or
liquid hashish; (b) ganja, that is, the flowering or fruiting tops of the
cannabis plant (excluding the seeds and leaves when not
accompanied by the tops), by whatever name they may be known or
designated; and --------------------------------------------------------------------- 1.
Ins. by Act 2 of 1989, s. 2 (w.e.f. 29.5.1989). 2. This Act came in to
force in the whole of India on 14-11-1985: Vide Notification No. S.O.
821 (E) dated, 14-11-1985, Gazette of India, Extraordinary, 1985,

Part II, Section-3 (ii). 359 (c) any mixture, with or without any neutral
material, of any of the above forms of cannabis or any drink
prepared therefrom; (iv) "cannabis plant" means any plant of the
genus cannabis; (v) "coca derivative" means-- (a) crude cocaine,
that is, any extract of coca leaf which can be used, directly or
indirectly, for the manufacture of cocaine; (b) ecgonine and all the
derivatives of ecgonine from which it can be recovered; (c) cocaine,
that is, methyl ester of benzoyl-ecgonine and its salts; and (d) all
preparations containing more than 0.1 per cent. of cocaine; (vi)
"coca leaf" means-- (a) the leaf of the coca plant except a leaf from
which all ecgonine, cocaine and any other ecgonine alkaloids have
been removed; (b) any mixture thereof with or without any neutral
material, out does not include any preparation containing not more
than 0.1 per cent. of cocaine; (vii) "coca plant" means the plant of
any species of the genus Frythroxylon; 1*[(viia) "controlled
substance" means any substance which the Central Government
may, having regard to the available information as to its possible
use in the production or manufac- ture of narcotic drugs or
psychotropic substances or to the pro- visions of any International
Convention, by notification in the Officcial Gazette, declare to be a
controlled substance,] (viii) "conveyance" means a conveyance of
any description whatsoever and includes any aircraft, vehicle or
vessel; 1*'(viiia) "illicit traffic", in relation to narcotic drugs and
psychotropic substances, means-- (i) cultivating any coca plant or
gathering any portion of caca plant; (ii) cultivating the opium poppy
or any cannabis plant; (iii) engaging in the production, manufacture,
posse- ssion, sale, purchase, tansportation, warehousing, concealment, use or consumption, import inter-State, export inter- State,
import into India, export from India or transhipment, of narcotic
drugs or psychotropic substances; (iv) dealing in any activities in
narcotic drugs or psychotropic substances other than those referred
to in sub- clauses (i) to (ii); or (v) handling or letting out any
premises for the carrying on of any of the activities referred to in
sub- clauses (i) to (iv), other than those permitted under this Act, or
any rule or order made, or any condition of any licence, term or

authorisation issued, thereunder, and includes-- (1) financing,

directly or indirectly, any of the aforementioned activities; (2)
abetting or conspiring in the furtherance of or in support of doing
any of the aforementioned activities; and (3) harbouring persons
engaged in any of the afore- mentioned activities;'] (ix)
"International Convention" means-- (a) the Single Convention on
Narcotic Drugs, 1961 adopted by the United Nations Conference at
New York in March, 1961; (b) the Protocol, amending the Convention
mentioned in sub-clause (a), adopted by the United Nations
Conference at Geneva in March, 1972; (c) the Convention on
Psychotropic Substances, 1971 adopted by the United Nations
Conference at Vienna in February, 1971; and (d) any other
international convention, or protocol or other instrument amending
an international convention, relating to narcotic drugs or
psychotropic substances which may be ratified or acceded to by
India after the commencement of this Act; (x) "manufacture", in
relation to narcotic drugs or psychotropic substances, includes-- (1)
all processes other than production by which such drugs or
substances may be obtained; (2) refining of such drugs or
substances; (3) transformation of such drugs or substances; and 1
Ins. by Act 2 of 1989, s. 3 (w.e.f. 29-5-1989. 360 (4) making of
preparation (otherwise than in a pharmacy on prescription) with or
containing such drugs or substances; (xi) "manufactured drug"
means-- (a) all coca derivatives, medicinal cannabis, opium
derivatives and poppy straw concentrate; (b) any other narcotic
substance or preparation which the Central Government may,
having regard to the available information as to its nature or to a
decision, if any, under any International Convention, by notification
in the Official Gazette, declare not to be a manufactured drug; (xii)
"medicinal cannabis", that is, medicinal hemp, means any extract or
tincture of cannabis (hemp); (xiii) "Narcotics Commissioner" means
the Narcotics Commissioner appointed under section 5; (xiv)
"narcotic drug" means coca leaf, cannabis (hemp), opium, popy
straw and includes all manufactured drugs; (xv) "opium" means-- (a)
the coagulated juice of the opium poppy; and (b) any mixture, with

or without any neutral material, of the coagulated juice of the opium

poppy, but does not include any preparation containing not more
than 0.2 per cent. of morphine; (xvi) "opium derivative" means-- (a)
medicinal opium, that is, opium which has undergone the processes
necessary to adapt it for medicinal use in accordance with the
requirements of the Indian Pharmacopoeia or any other
pharmacopoeia notified in this behalf by the Central Government,
whether in powder form or granulated or otherwise or mixed with
neutral materials; (b) prepared opium, that is, any product of opium
obtained by any series of operations designed to transform opium
into an extract suitable for smoking and the dross or other residue
remaining after opium is smoked; (c) phenanthrene alkaloids,
namely, morphine, codeine, thebaine and their salts; (d)
diacetylmorphine, that is, the alkaloid also known as dia-morphine
or heroin and its salts; and (e) all preparations containing more than
0.2 per cent. of morphine or containing any diacetylmorphine; (xvii)
"opium poppy" means-- (a) the plant of the species Papaver
somniferum L; and 361 (b) the plant of any other species of Papaver
from which opium or any phenanthrene alkaloid can be extracted
and which the Central Government may, by notification in the
Official Gazette, declare to be opium poppy for the purposes of this
Act; (xviii) "poppy straw" means all parts (except the seeds) of the
opium poppy after harvesting whether in their original form or cut,
crushed or powdered and whether or not juice has been extracted
therefrom; (xix) "poppy straw concentrate" means the material
arising when poppy straw has entered into a process for the
concentration of its alkaloids; (xx) "preparation", in relation to a
narcotic drug or psychotropic substance, means any one or more
such drugs or substances in dosage form or any solution or mixture,
in whatever physical state, containing one or more such drugs or
substances; (xxi) "Prescribed" means prescribed by rules made
under this Act; (xxii) "production" means separation of opium, poppy
straw, coca leaves or cannabis from the plants from which they are
obtained; (xxiii) "Psychotropic substance" means any substance,
natural or synthetic, or any natural material or any salt or

preparation of such substance or material included in the list of

psychotropic substances specified in the Schedule; (xxiv) "to import
inter-State" means to bring into a State or Union territory in India
from another State or Union territory in India; (xxv) "to import into
India", with its grammatical variations and cognate expressions,
means to bring into India from a place outside India and includes the
bringing into any port or airport or place in India of a narcotic drug
or a psychotropic substance intended to be taken out of India
without being removed from the vessel, aircraft, vehicle or any other
conveyance in which it is being carried. Explanation.--For the
purposes of this clause and clause (xxvi), "India" includes the
territorial waters of India; (xxvi) "to export from India", with its
grammatical variations and cognate expressions, means to take out
of India to a place outside India; (xxvii) "to export inter-State" means
to take out of a State or Union territory in India to another State or
Union territory in India; (xxviii) "to transport" means to take from
one place to another within the same State or Union territory;
1*["(xxviia) "use" in relation to narcotic drugs and psycho- tropic
substances, means any kind of use except personal consump- tion;]
(xxix) Words and expressions used herein and not defined but
defined in the Code of Criminal Procedure, 1973 (2 of 1973) have
the meanings respectively assigned to them in that Code.
Explanation.--For the purposes of clauses (v), (vi), (xv) and (xvi) the
percentages in the case of liquid preparations shall be calculated on
the basis that a preparation containing one per cent. of a substance
means 1 Ins. by Act 2 of 1989, s. 3 (w.e.f. 29-5-1989). 362 a
preparation in which one gram of substance, if solid, or one mililitre
of substance, if liquid, is contained in every one hundred mililitre of
the preparation and so on in proportion for any greater or less
percentage: Provided that the Central Government may, having
regard to the developments in the field of methods of calculating
percentages in liquid preparations prescribe, by rules, any other
basis which it may deem appropriate for such calculation. 3. Power
to add to or omit from the list of psychotropic substances. 3. Power
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 to it with respect to the nature and
effects of, and the abuse or the scope for abuse of, any substance
(natural or synthetic) or natural material or any salt or preparation
of such substance or material; and (b) the modifications or
provisions (if any) which have been made to, or in, any International
Convention with respect to such substance, natural material or salt
or preparation of such substance or material, by notification in the
Official Gazette, add to, or, as the case may be, omit from, the list of
psychotropic substances specified in the Schedule such substance
or natural material or salt or preparation of such substance or
material. CHAP AUTHORITIES AND OFFICERS CHAPTER II
AUTHORITIES AND OFFICERS 4. Central Government to take
measures for preventing and combating abuseof and illicit traffic in
narcotic drugs, etc. 4. Central 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 preventing and combating abuse of
narcotic drugs and psychotropic substances and the illicit traffic
therein. (2) In particular and without prejudice to the generality of
the provisions of sub-section (1), the measures which the Central
Government may take under that sub-section include measures with
respect to all or any of the following matters, namely:-- (a)
coordination of actions by various officers, State Governments and
other authorities-- (i) under this Act, or (ii) under any other law for
the time being in force in connection with the enforcement of the
provisions of this Act; (b) obligations under the International
Conventions; (c) assistance to the concerned authorities in foreign
countries and concerned international organisations with a view to
facilitating coordination and universal action for prevention and
suppression of illicit traffic in narcotic drugs and psychotropic
substances; (d) identification, treatment, education, after care,
rehabilitation and social re-integration of addicts; 363 (e) such other

matters as the Central Government deems necessary or expedient

for the purpose of securing the effective implementation of the
provisions of this Act and preventing and combating the abuse of
narcotic drugs and psychotropic substances and illicit traffic therein.
(3) The Central Government may, if it considers it necessary or
expedient so to do for the purposes of this Act, by order, published
in the Official Gazette, constitute an authority or a hierarchy of
authorities by such name or names as may be specified in the order
for the purpose of exercising such of the powers and functions of the
Central Government under this Act and for taking measures with
respect to such of the matters referred to in sub-section (2) as may
be mentioned in the order, and subject to the supervision and
control of the Central Government and the provisions of such order,
such authority or authorities may exercise the powers and take the
measures so mentioned in the order as if such authority or
authorities had been empowered by this Act to exercise those
powers and take such measures. 5. Officers of Central Government.
5. Officers 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 such
other officers with such designations as it thinks fit for the purposes
of this Act. (2) The Narcotics Commissioner shall, either by himself
or through officers subordinate to him, exercise all powers and
perform all functions relating to the superintendence of the
cultivation of the opium poppy and production of opium and shall
also exercise and perform such other powers and functions as may
be entrusted to him by the Central Government. (3) The officers
appointed under sub-section (1) shall be subject to the general
control and direction of the Central Government, or, if so directed by
that Government, also of the Board or any other authority or officer.
6. The Narcotic Drugs and Psychotropie Substances Consultative
Committee. 6. The Narcotic Drugs and Psychotropie 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

Substances Consultative Committee" (hereafter in this section

referred to as the Committee) to advise the Central Government on
such matters relating to the administration of this Act as are referred
to it by that Government from time to time. (2) The Committee shall
consist of a Chairman and such other members, not exceeding
twenty, as may be appointed by the Central Government. (3) The
Committee shall meet when required to do so by the Central
Government and shall have power to regulate its own procedure. (4)
The Committee may, if it deems it necessary so to do for the
efficient discharge of any of its functions, constitute one or more
sub-committees and may appoint to any such sub-committee,
whether generally or for the consideration of any particular matter,
any person (including a non-official) who is not a member of the
Committee. (5) The term of office of, the manner of filling casual
vacancies in the offices of and the allowances, if any, payable to, the
Chairman and 364 other members of the Committee, and the
conditions and restrictions subject to which the Committee may
appoint a person who is not a member of the Committee as a
member of any of its sub-committees, shall be such as may be
prescribed by rules made by the Central Government. 7. Officers of
State Government. 7. Officers 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-section (1) shall be subject to the general control and
direction of the State Government, or, if so directed by that
Government, also of any other authority or officer. CHAP NATIONAL
FUND FOR CONTROL OF DRUG ABUSE 1*[CHAPTER IIA] NATIONAL
FUND FOR CONTROL OF DRUG ABUSE 7A. National Fund for Control
of Drug Abuse. 7A. National Fund for Control of Drug Abuse. (1) The
Central Government may, by notiffication in the Official Gazette,
constitute a Fund to be called the National Fund for Control of Drug
Abuse (hereafter in this Chapter referred to as the Fund) and there
shall be credited thereto-- (a) an amount which the Central
Government may, after duee appropriation made by Parliament by
law in this behalf, provide; (b) the sale proceeds of any property

forfeited under Chapter VA; (c) any grants that may be made by any
person or institution; (d) any income from investment of the
amounts credited to the Fund under the aforesaid provisions. (2) The
Fund shall be applied by the Central Government to meet the
expendituure incurred in connection with the measures taken for
combating illicit fraffic in, or controlling abuse of, narcotic drugs and
psychotropic substances for all or any of the purposes specified in
sub-section (1) of section 71. (3) The Central Government may
constitute a Governing Body as it thinks fit to advise that
Government in regard to the application of the Fund. (4) The
Governing Body shall consist of a Chairman (not below the rank of
an Additional Secretary to the Central Government) and such other
members not exceeding six as the Central Government may
appoint. (5) The Governing Body shall have the power to regulate its
own procedure. 7B. 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 account of the activities financed
under section 7A during the financial year, together with a
statement of accounts.] CHAP PROHIBITION, CONTROL AND
REGULATION CHAPTER III PROHIBITION, CONTROL AND REGULATION
8. Prohibition of certain operations. 8. Prohibition 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, manufacture, possess, sell, purchase,
transport, warehouse, use, consume, import inter-State, export interState, import into India, export from India or tranship any narcotic
drug or psychotropic substance, except for medical or scientific
purposes and in the manner and to the extent provided by the
provisions of this Act or the rules or orders made thereunder and in
a case where any such provision, imposes any requirement by way
of licence, permit or authorisation also in accordance with the terms
and conditions of such licence, permit or authorisation: Provided
that, and subject to the other provisions of this Act and the rules
made thereunder, the prohibition against the cultivation of the
cannabis plant for the production of ganja or the production,

possession, use, consumption, purchase, sale, transport,

warehousing, import inter-State and export inter-State of ganja for
any purpose other than medical and scientific purpose shall take
effect only from the date which the Central Government may, by
notification in the Official Gazette, specify in this behalf. 2*[Provided
further that nothing in this section shall apply to the export of poppy
straw for decorative purposes.] 9. Power of Central Government to
permit, control and regulate. 9. Power 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 (such cultivation or
gathering being only on account of the Central Government) of coca
plant, or the production, possession, sale, purchase, transport,
import inter-State, export inter-State, use or consumption of coca
leaves. (ii) the cultivation (such cultivation being only on account of
Central Government) of the opium poppy; (iii) the production and
manufacture of opium and production of poppy straw; 1 Ins. by Act 2
of 1989, s. 4 (w.e.f. 28-5-1989). 2 Ins. by s. 5, ibid. (w.e.f. 29-51989). 365 (iv) the sale of opium and opium derivatives from the
Central Government factories for export from India or sale to State
Government or to manufacturing chemists: (v) the manufacture of
manufactured drugs (other than prepared opium) but not including
manufacture of medicinal opium or any preparation containing any
manufactured drug from materials which the maker is lawfully
entitled to possess; (vi) the manufacture, possession, transport,
import inter-State, export inter-State, sale, purchase, consumption
or use of psychotropic substances; (vii) the import into India and
export from India and transhipment of narcotic drugs and
psychotropic substances; (b) prescribe any other matter requisite to
render effective the control of the Central Government over any of
the matters specified in clause (a). (2) In particular and without
prejudice to the generality of the foregoing power, such rules may-(a) empower the Central Government to fix from time to time the
limits within which licences may be given for the cultivation of the
opium poppy; (b) require that all opium, the produce of land

cultivated with the opium poppy, shall be delivered by the

cultivators to the officers authorised in this behalf by the Central
Government; (c) prescribe the forms and conditions of licences for
cultivation of the opium poppy and for production and manufacture
of opium; the fees that may be charged therefor; the authorities by
which such licences may be granted, withheld, refused or cancelled
and the authorities before which appeals against the orders of
withholding, refusal or cancellation of licences shall lie; (d) prescribe
that opium shall be weighed, examined and classified according to
its quality and consistence by the officers authorised in this behalf
by the Central Government in the presence of the cultivator at the
time of delivery by the cultivator; (e) empower the Central
Government to fix from time to time the price to be paid to the
cultivators for the opium delivered; (f) provide for the weighment,
examination and classification, according to the quality and
consistence, of the opium received at the factory and the deductions
from or additions (if any) to the standard price to be made in
accordance with the result of such examination; and the authorities
by which the decisions with regard to the weighment, examination,
classification, deductions or additions shall be made and the
authorities before which appeals against such decisions shall lie; (g)
require that opium delivered by a cultivator, if found as a result of
examination in the Central Government factory to be adulterated,
may be confiscated by the officers authorised in this behalf; (h)
prescribe the forms and conditions of licences for the manufacture
of manufactured drugs, the authorities by which such licences may
be granted and the fees that may be charged therefor; 366 (i)
prescribe the forms and conditions of licences or permits for the
manufacture, possession, transport, import inter- State, export interState, sale, purchase, consumption or use of psychotropic
substances, the authorities by which such licences or permits may
be granted and the fees that may be charged therefor; (j) prescribe
the ports and other places at which any kind of narcotic drugs or
psychotropic substances may be imported into India or exported
from India or transhipped; the forms and conditions of certificates,

authorisations or permits, as the case may be, for such import,

export or transhipment; the authorities by which such certificates,
authorisations or permits may be granted and the fees that may be
charged therefor. 9A. Power to control and regulate controlled
substances. 1*["9A. Power 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 drug or psychotropic
substance, it is necessary or expe- dient so to do in the public
interest, it may, by order, provide for regulating or prohibiting the
production, manufacture, supply and distribution thereof and trade
and commerce therein. (2) Without prejudice to the generality of the
power conferred by sub-section (1), an order made thereunder may
provide for regulating by licences, permits or otherwise, the
production, manufacture, poss- ession, transport, import inter-State,
export inter-State, sale, purchase, consumption, use, storage,
distribution, disposal or acqui- sition of any controlled substance."]
10. Power of State Government to permit, control and regulate. 10.
Power 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, export inter-State, warehousing, sale, purchase,
consumption and use of poppy straw; (ii) the possession, transport,
import inter-State, export inter-State, sale, purchase, consumption
and use of opium; (iii) the cultivation of any cannabis plant,
production, manufacture, possession, transport, import inter-State,
export inter-State, sale, purchase, consumption or use of cannabis
(excluding charas); (iv) the manufacture of medicinal opium or any
preparation containing any manufactured drug from materials which
the maker is lawfully entitled to possess; (v) the possession,
transport, purchase, sale, import inter-State, export inter-State, use
or consumption of manufactured drugs other than prepared opium
and of coca leaf and any preparation containing any manufactured
drug; (vi) the manufacture and possession of prepared opium from
opium lawfully possessed by an addict registered with the State

Government on medical advice for his personal consumption:

Provided that save in so far as may be expressly provided in the
rules made under sub-clauses (iv) and (v), nothing in section 8 shall
apply to the import inter-State, export inter-State, transport,
possession, purchase, sale, use or consumption of manufactured
drugs which are the property and in the possession of the
Government: Provided further that such drugs as are referred to in
the preceding proviso shall not be sold or otherwise delivered to any
person who, under the rules made by the State Government under
the aforesaid sub-clauses, is not entitled to their possession; (b)
prescribe any other matter requisite to render effective the control
of the State Government over any of the matters specified in clause
(a). 1 Ins. by Act 2 of 1989, s. 6 (w.e.f. 29-5-1989). 367 (2) In
particular and without prejudice to the generality of the foregoing
power, such rules may-- (a) empower the State Government to
declare any place to be a warehouse wherein it shall be the duty of
the owners to deposit all such poppy straw as is legally imported
inter-State and is intended for export inter-State or export from
India; to regulate the safe custody of such poppy straw warehoused
and the removal of such poppy straw for sale or export inter-State or
export from India; to levy fees for such warehousing and to
prescribe the manner in which and the period after which the poppy
straw warehoused shall be disposed of in default of payment of fees;
(b) provide that the limits within which licences may be given for the
cultivation of any cannabis plant shall be fixed from time to time by
or under the orders of the State Government; (c) provide that only
the cultivators licenced by the prescribed authority of the State
Government shall be authorised to engage in cultivation of any
cannabis plant; (d) require that all cannabis, the produce of land
cultivated with cannabis plant, shall be delivered by the cultivators
to the officers of the State Government authorised in this behalf; (e)
empower the State Government to fix from time to time, the price to
be paid to the cultivators for the cannabis delivered; (f) prescribe
the forms and conditions of licences or permits for the purposes
specified in sub-clauses (i) to (vi) of clause (a) of sub-section (1) and

the authorities by which such licences or permits may be granted

and the fees that may be charged therefor. 11. Narcotic drugs and
psychotropic substances, etc., not liable todistress or attachment.
11. Narcotic 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 plant shall be
liable to be distrained or attached by any person for the recovery of
any money under any order or decree of any court or authority or
otherwise. 12. Restrictions over external dealings in narcotic drugs
and psychotropicsubstances. 12. Restrictions 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 India save with the previous authorisation of the
Central Government and subject to such conditions as may be
imposed by that Government in this behalf. 368 13. Special
provisions relating to coca plant and coca leaves for use inthe
preparation of flavouring agent. 13. Special provisions relating to
coca plant and coca leaves for use in the preparation of flavouring
agent. Notwithstanding anything contained in section 8, the Central
Government may permit, with or without conditions, and on behalf
of Government, the cultivation of any coca plant or gathering of any
portion thereof or the production, possession, sale, purchase,
transport, import inter-State, export inter-State or import into India
of coca leaves for use in the preparation of any flavouring agent
which shall not contain any alkaloid and to the extent necessary for
such use. 14. Special provision relating to cannabis. 14. Special
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, allow
cultivation of any cannabis plant for industrial purposes only of
obtaining fibre or seed or for horticultural purposes. CHAP
OFFENCES AND PENALTIES CHAPTER IV OFFENCES AND PENALTIES
15. Punishment for contravention in relation to poppy straw. 15.

Punishment 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 licence granted thereunder, produce, possesses,
transports, imports inter-State, exports inter-State, sells, purchases,
uses or omits to warehouse poppy straw or removes or does any act
in respect of warehoused poppy straw, shall be punishable with
rigorous imprisonment for a term which shall not be less than ten
years but which may extend to twenty years and shall also be liable
to fine which shall not be less than one lakh rupees but which may
extend to two lakh rupees: Provided that the court may, for reasons
to be recorded in the judgment, impose a fine exceeding two lakh
rupees. 16. Punishment for contravention in relation to coca plant
and cocaleaves. 16. Punishment 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 licence granted
thereunder, cultivates any coca plant or gathers any portion of a
coca plant or produces, possesses, sells, purchases, transports,
imports inter- State, exports inter-State or uses coca leaves, shall be
punishable with rigorous imprisonment for a term which shall not be
less than ten years but which may extend to twenty years and shall
also be liable to fine which shall not be less than one lakh rupees
but which may extend to two lakh rupees: Provided that the court
may, for reasons to be recorded in the judgment, impose a fine
exceeding two lakh rupees. 17. Punishment for contravention in
relation to prepared opium. 17. Punishment 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 licence
granted thereunder manufactures, possesses, sells, purchases,
transports, imports inter-State, exports inter-State or uses prepared
opium shall be punishable with rigorous imprisonment for a term
which shall not be less than ten years but which may extend to
twenty years and shall also be liable to fine which shall not be less
than one lakh rupees but which may extend to two lakh rupees: 369
Provided that the court may, for reasons to be recorded in the
judgment, impose a fine exceeding two lakh rupees. 18. Punishment

for contravention in relation to opium poppy and opium. 18.

Punishment 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 licence granted thereunder cultivates the
opium poppy or produces, manufactures, possesses, sells,
purchases, transports, imports inter-State, exports inter-State or
uses opium shall be punishable with rigorous imprisonment for a
term which shall not be less than ten years but which may extend to
twenty years and shall also be liable to fine which shall not be less
than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the
judgment, impose a fine exceeding two lakh rupees. 19. Punishment
for embezzlement of opium by cultivator. 19. Punishment 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 or any part thereof, shall be punishable with rigorous
imprisonment for a term which shall not be less than ten years but
which may extend to twenty years and shall also be liable to fine
which shall not be less than one lakh rupees but which may extend
to two lakh rupees: Provided that the court may, for reasons to be
recorded in the judgment, impose a fine exceeding two lakh rupees.
20. Punishment for contravention in relation to cannabis plant
andcannabis. 20. Punishment 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 licence
granted thereunder,- - (a) cultivates any cannabis plant; or (b)
produces, manufactures, possesses, sells, purchases, transports,
imports inter-State, exports inter-State or uses cannabis, shall be
punishable,-- (i) where such contravention relates to ganja or the
cultivation of cannabis plant, with rigorous imprisonment for a term
which may extend to five years and shall also be liable to fine which
may extend to fifty thousand rupees; (ii) where such contravention
relates to cannabis other than ganja, with rigorous imprisonment for
a term which shall not be less than ten years but which may extend

to twenty years and shall also be liable to fine which shall not be
less than one lakh rupees and which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the
judgment, impose a fine exceeding two lakh rupees. 21. Punishment
for contravention in relation to manufactured drugs
andpreparations. 21. Punishment 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
licence granted thereunder manufactures, possesses, sells,
purchases, transports, imports inter-State, exports inter-State or
uses any manufactured drug or any preparation containing any
manufactured drug shall be punishable with rigorous imprisonment
for a term which shall not be less than ten years but which may
extend to twenty years and shall also be liable to fine which shall
not be less then one lakh rupees but which may extend to two lakh
rupees: 370 Provided that the court may, for reasons to be recorded
in the judgment, impose a fine exceeding two lakh rupees. 22.
Punishment for contravention in relation to psychotropic substances.
22. Punishment 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 licence granted thereunder,
manufactures, possesses, sells, purchases, transports, imports interState, exports inter-State, or uses any psychotropic substance shall
be punishable with rigorous imprisonment for a term which shall not
be less than ten years but which may extend to twenty years and
shall also be liable to fine which shall not be less than one lakh
rupees but which may extend to two lakh rupees: Provided that the
court may, for reasons to be recorded in the judgment, impose a
fine exceeding two lakh rupees. 23. Punishment for illegal import
into India, export from India ortranshipment of narcotic drugs and
psychotropic substances. 23. Punishment 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 licence or permit
granted or certificate or authorisation issued thereunder, imports

into India or exports from India or tranships any narcotic drug or

psychotropic substance shall be punishable with rigorous
imprisonment for a term which shall not be less than ten years but
which may extend to twenty years and shall also be liable to fine
which shall not be less than one lakh rupees but may extend to two
lakh rupees: provided that the court may, for reasons to be recorded
in the judgement, impose a fine exceeding two lakh rupees. 24.
Punishment for external dealings in narcotic drugs and
psychotropicsubstances in contravention of section 12. 24.
Punishment 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 India without the previous authorisation of the Central
Government or otherwise than in accordance with the condition (if
any) of such authorisation granted under section 12, shall be
punishable with rigorous imprisonment for a term which shall not be
less than ten years but which may extend to twenty years and shall
also be liable to fine which shall not be less than one lakh rupees
but may extend to two lakh rupees: Provided that the court may, for
reasons to be recorded in the judgment, impose a fine exceeding
two lakh rupees. 25. Punishment for allowing premises, etc., to be
used for commission ofan offence. 25. Punishment 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 used for the commission by any other
person of an offence punishable under any provision of this Act,
shall be punishable with rigorous imprisonment for a term which
shall not be less than ten years but which may extend to twenty
years and shall also be liable to fine which shall not be less than one
lakh rupees but which may extend to two lakh rupees: Provided that
the court may, for reasons to be recorded in the judgment, impose a
fine exceeding two lakh rupees. 25A. Punishment for contravention
of orders made under section (A. 1*[25A. Punishment 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 also be liable to fine which may extend to one lakh
rupees: Provided that the court may, for reasons to be recorded in
the judgment, impose a fine exceeding one lakh rupees."] 1. Ins. by
Act 2 of 1989, s. 7 (w.e.f. 29-5-1989). 371 26. Punishment for certain
acts by licensee or his servants. 26. Punishment for certain acts by
licensee or his servants. If the holder of any licence permit or
authorisation granted under this Act or any rule or order made
thereunder or any person in his employ and acting on his behalf-- (a)
omits, without any reasonable cause, to maintain accounts or to
submit any return in accordance with the provisions of this Act, or
any rule made thereunder, (b) fails to produce without any
reasonable cause such licence, permit or authorisation on demand
of any officer authorised by the Central Government or State
Government in this behalf; (c) keeps any accounts or makes any
statement which is false or which he knows or has reason to believe
to be incorrect; or (d) wilfully and knowingly does any act in breach
of any of the conditions of licence, permit or authorisation for which
a penalty is not prescribed elsewhere in this Act, he shall be
punishable with imprisonment for a term which may extend to three
years or with fine or with both. 27. Punishment for illegal possession
in small quantity for personal.consumption of any narcotic drug or
psychotropic substance orconsumption of such drug or substance.
27. Punishment 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 drug
or psychotropic substance, which is proved to have been intended
for his personal consumption and not for sale or distribution, or
consumes any narcotic drug or psychotropic substance, shall,
notwithstanding anything contained in this Chapter, be punishable,-(a) where the narcotic drug or psychotropic substance possessed or

consumed is cocaine, morphine, diacetyl-morphine or any other

narcotic drug or any psychotropic substance as may be specified in
this behalf by the Central Government, by notification in the Official
Gazette, with imprisonment for a term which may extend to one
year or with fine or with both; and (b) where the narcotic drug or
psychotropic substance possessed or consumed is other than those
specified in or under clause (a), with imprisonment for a term which
may extend to six months or with fine or with both. Explanation.--(1)
For the purposes of this section "small quantity" means such
quantity as may be specified by the Central Government by
notification in the Official Gazette. (2) Where a person is shown to
have been in possession of a small quantity of a narcotic drug or
psychotropic substance, the burden of proving that it was intended
for the personal consumption of such person and not for sale or
distribution, shall lie on such person. 27A. Punishment for financing
illicit traffic and harbouring offenders. 1*[27A. Punishment for
financing illicit traffic and harbouring offenders. Whoever indulges in
financing, directly or indirectly, any of the activities specified in subclauses (i) to (v) of clause (viiia) of section 2 or harbours any person
engaged in any of the aforementioned activities, shall be punishable
with rigorous imprison- ment for a term which shall not be less than
ten years but which may extend to twenty years and shall also be
liable to fine which shall not be less than one lakh rupees but which
may extend to two lakh rupees: Provided that the court may, for
reasons to be recorded in the judgment impose a fine exceeding two
lakh rupees.] 28. Punishment for attempts to commit offences.
28.Punishment 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 commission of the offence shall be punishable with the
punishament provided for the offence. 29. Punishment for abetment
and criminal conspiracy. 29. Punishment 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 committed in consequence of such

abetment or in pursuance of such criminal conspiracy, and

notwithstanding anything contained in section 116 of the Indian
Penal Code (45 of 1860) be punishable with the punishment
provided for the offence. 1. Ins. by Act 2 of 1989, s. 8 (w.e.f. 29-51989). 372 (2) A person abets, or is a party to a criminal conspiracy
to commit, an offence, within the meaning of this section, who, in
India, abets or is a party to the criminal conspiracy to the
commission of any act in a place without and beyond India which-(a) would constitute an offence if committed within India; or (b)
under the laws of such place, is an offence relating to narcotic drugs
or psychotropic substances having all the legal conditions required
to constituted it such an offence the same as or analogous to the
legal conditions required to constituted it an offence punishable
under this Chapter, if committed within India. 30. Preparation. 30.
Preparation. 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 (both inclusive) and from the
circumstances of the case it may be reasonably inferred that he was
determined to carry out his intention to commit the offence but had
been prevented by circumstances independent of his will, he shall
be punishable with rigorous imprisonment for a term which shall not
be less than one-half of the minimum term (if any), but which may
extend to one-half of the maximum term, of imprisonment with
which he would have been punishable in the event of his having
committed such offence, and also with fine which shall not be less
than one-half of the minimum amount (if any), of fine with which he
would have been punishable, but which may extend to one-half of
the maximum amount of fine with which he would have ordinarily
(that is to say in the absence of special reasons) been punishable, in
the event aforesaid: Provided that the court may, for reasons to be
recorded in the Judgment, impose a higher fine. 31. Enhanced
punishment for certain offences after previous conviction. 31.
Enhanced 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 punishable under section 15 to section

25 (both inclusive) is subsequently convicted of the commission of,
or attempt to commit, or abetment of, or criminal conspiracy to
commit, an offence punishable under-- (a) section 15 to section 19,
clause (ii) of section 20 and section 21 to section 25 (both inclusive),
he shall be punished for the second and every subsequent offence
with rigorous imprisonment for a term which shall not be less than
fifteen years but which may extend to thirty years and shall also be
liable to fine which shall not be less than one lakh fifty thousand
rupees but which may extend to three lakh rupees; (b) clause (i) of
section 20, he shall be punished for the second and every
subsequent offence for a term which may extend to ten years and
shall also be liable to fine which may extend to one lakh rupees:
Provided that the court may, for reasons to be recorded in the
judgment, impose,-- (i) in a case falling under clause (a), a fine
exceeding three lakh rupees; and (ii) in a case falling under clause
(b), a fine exceeding one lakh rupees. 373 (2) Where any person is
convicted by a competent court of criminal jurisdiction outside India
under any law corresponding to the provisions of section 15 to
section 25 (both inclusive), section 28 and section 29, such person,
in respect of such conviction, shall be dealt with for the purposes of
sub-section (1) as if he had been convicted by a court in India. 31A.
Death penalty for certain offences after previous conviction. 1*[31A.
Death penalty for certain offences after previous convi- ction. (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 section 15 to section 25 (both inclusive) or section
27A, 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
tran- shipment, of the narcotic drugs or psychotropic substances
speci- fied 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; TABLE
---------------------------------------------------------------------- Particulars of
narcotic drugs/ Quantity psychotropic substances
---------------------------------------------------------------------- (1) (2)
---------------------------------------------------------------------- (i) Opium 10 kgs.
(ii) Morphine 1 kg. (iii) Heroin 1 kg. (iv) Codeine 1 kg. (v) Thebaine 1
kg. (vi) Cocaine 500 grams (vii) Hashish 20 kgs. (viii)Any mixture
with or without any neutral material of any of the above drugs 1,500
grams (ix) LSD, LSD-25 ( ) - N, N-Diethyllysergamide (d-lysergic acid
diethylamide) 500 grams (x) THC (Tetrahydrocannabinols, the
following isomers: 6a (10a), 6a(7),7,8,9,10,9) and their
stereochemical variants) 500 grams (xi) Methamphetamine( )-2amino-l-Phenylpropane 1,500 gram (xii) Methaqualone (2-Methyl-3o-tolyl-4-(3H)- quinazolinone) 1,500 gram (xiii)Amphetamine ( )-2amino-1-phenylpropane 1,500 gram (xiv) Salts and preparations of
the Psychotropic substances mentioned in (ix) to (xiii) 1,500 gram;
---------------------------------------------------------------------- (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 section 15 to section 25 (both
inclusive), section 27A, section 28 or section 29, such person, in
respect of such conviction, shall be dealt with for the purposes of
sub-section (1) as if he had been convicted by a court in India."]. 32.
Punishment for offence for which no punishment is provided. 32.
Punishment 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 licence, permit or authorisation issued
thereunder for which no punishment is separately provided in this
Chapter, shall be punishable with imprisonment for a term which
may extend to six months, or with fine, or with both. 32A. No
suspension, remission or commutation in any sentence awarded
underthis Act. 2*[32A. No suspension, remission or commutation in
any sentence awarded under this Act. Notwithstanding anything

contained in the Code of Criminal Procedure, 1973 (2 of 1974), or

any other law for the time being in force but subject to the
provisions of section 33, no sentence awarded under this Act (other
than section 27) shall be suspended or remitted or commuted.] 33.
Application of section 360 of the Code of Criminal Procedure, 1973
andof the Probation of Offenders Act, 1958. 33. Application 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 (2 of 1974) or in the
Probation of Offenders Act, 1958 (20 of 1958) shall apply to a person
convicted of an offence under this Act unless such person is under
eighteen years of age or that the offence for which such person is
convicted is punishable under section 26 or section 27. 34. Security
for abstaining from commission of offence. 34. Security 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 necessary to
require such person to execute a bond for abstaining from the
commission of any offence under this Act, 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 commission of any offence under Chapter IV during
such period not exceeding three years as it thinks fit to fix. (2) The
bond shall be in such form as may be prescribed by the Central
Government and the provisions of the Code of Criminal Procedure,
1973 (2 of 1974), 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
executed shall become void. (4) An order under this section may
also be made by an appellate court or by the High Court or Sessions
Judge when exercising the powers of revision. 35. Presumption of
culpable mental state. 35. Presumption 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 mental state but it shall be a defence for the

accused to prove the fact that he had no such mental state with
respect to the act charged as an offence in that prosecution.
Explanation.--In this section "culpable mental state" includes
intention motive, knowledge of a fact and belief in, or reason to
believe, a fact. 1. Ins. by Act 2 of 1989, s. 9 (w.e.f. 29-5-1989). 2. Ins.
by s. 10, ibid. (w.e.f. 29-5-1989). 374 (2) For the purpose of this
section , a fact is said to be proved only when the court believes it to
exist beyond a reasonable doubt and not merely when its existence
is established by a preponderance of probability. 36. Constitution of
Special Court. 1*[36. Constitution of Special Court. (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 Specified in the notification. (2) A Special Court
shall consist of a single Judge who shall be appointed by the
Government with the concurrence of the Chief Justice of the High
Court. Explanation.-- In this sub-section, "High Court" means the
High Court of the State in which the Sessions Judge or the Additional
Sessions Judge of a Special Court was working immediately before
his appointment as such Judge. (3) A person shall not be qualified
for appointment as a Judge of a Special Court unless he is,
immediately before such appointment, a Sessions Judge or an
Additional Sessions Judge. 36A. Offences triable by Special Courts.
36A. Offences triable by Special Courts. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of
1974),-- (a) all offences under this Act shall be triable only be the
Special Court constituted for the area in which the offence has been
committed or where there are more Special Courts than one for such
area, by such one of them as may be specified in this behalf by the
Government; (b) where a person accused of or suspected of the
commission of an offence under this Act is forwarded to a Magistrate
under sub-section (2A) of section 167 of the Code of Criminal Procedure, 1973 2 of 1974), such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not
exceeding fifteen days in the whole where such Magistrate is a

Judicial Magistrate and seven days in the whole where such

Magistrate is an Executive Magistrate: Provided that where such
Magistrate considers-- (i) when such person is forwarded to him as
aforesaid; or (ii) upon or at any time before the expiry of the period
of detention authorised by him, that the detention of such person is
unnecessary, he shall order such person to be forwarded to the
Special Court having juris- diction; (c) the Special Court may
exercise, in relation to the per- son forwarded to it under clause (b),
the same power which a Magistrate having jurisdiction to try a case
may exercise under section 167 of the Code of Criminal Procedure,
1973 (2 of 1974), in relation to an accused person in such case who
has been for- warded to him under that section; (d) a Special Court
may, upon a perusal of police report of the facts constituting an
offence under this Act or upon a com- plaint made by an officer of
the Central Government or a State Government authorised in this
behalf, take cognizance of that offence without the accused being
committed to it for trial. (2) When trying an offence under this Act, a
Special Court may also try an offence other than an offence under
this Act, with which the accused may, under the Code of Criminal
Procedure, 1973 (2 of 1974) be charged at the same trial. (3)
Nothing contained in this section shall be deemed to affect the
special powers of the High Court regarding bail under f section 439
of the Code of Criminal Procedure, 1973 (2 of 1974), and the High
Court may exercise succh powers including the power under clause
(b) of sub-section (1) of that section as if the reference to
"Magistrate" in that section included also a reference to a "Special
Court" con- stituted under section 36. 36B. Appeal and revision. 36B.
Appeal and revision. The High Court may exercise, so for as may be
applicable, all the powers conferred by Chapters XXIX and XXX of
the Code of Criminal Procedure, 1973 (12 of 1986) on a High Court,
as if a Special Court within the local limits of the jurisdiction of the
High Court were a Court of Session trying cases within the local
limits of the jurisdiction of the High Court. 36C. Application of Code
to proceedings before a Special Court. 36C. Application of Code to
proceedings before a Special Court. Save as otherwise provided in

this Act, the provisions of the Code of Criminal Procedure, 1973 (12
of 1974), (including the provisions as to bail and bonds) shall apply
to the proceedings before a Special Court and for the purposes of
the said provisions the Special Court shall be deemed to be a Court
of Session and the person conducting a prosecution before a Special
Court, shall be deemed to be a Public Prosecutor. 36D. Transitional
provisions. 36D. Transitional provisions. (1) Any offence committed
under this Act on or afterr the commencement of the narcotic Drugs
and Psy- chotropic Substances (Amendment) Act, 1988 (46 of 1988),
until a Special Court is constituted under section 36, shall,
notwithstanding anything contai- ned in the Code of Criminal
Procedure, 1973 (12 of 1974), be tried by a Court of Session:
Provided that offences punishable under sections 26, 27 and 32 may
be tried summarily. (2) Nothing in sub-section (1) shall be construed
to require the transfer to a Special Court of any proceedings in
relation to an offence taken cognizance of by a Court of Session
under the said sub- section (1) and the same shall be heard and
disposed of by the Court of Session.] 37. Offences to be cognizable
and non-bailable. 2*[37. Offences to be cognizable and non-bailable.
(1) Notwith- standing anything contained in the Code of Criminal
Procedure, 1973 (2 of 1974), (a) every offence punishable under this
Act shall be cogni- zable; (b) no person accused of an offence
punishable for a term of imprisonment of five years or more under
this Act shall be released on bail or on his own bond unless-- (i) the
Public Prosecutor has been given an opportunity to oppose the
application for such release, and (ii) where the Public Prosecutor
opposes the appli- cation the court is satisfied that there are
reasonable grounds for believing that he is not guilty of such offence
and that he is not likely to commit any offence while on bail. (2) The
limitations on granting of bail specified in clause (b) of sub-section
(1) are in addition to the limitations under the Code of Criminal
Procedure, 1973 (12 of 1974), or any other law for the time being in
force on granting of bail.]. 38. offences by companies. 38. Offences
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 responsible to,
the company for the conduct of the business of the company as well
as the company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment if he proves that the offence
was committed without his knowledge or that he had exercised all
due diligence to prevent the commission of such offence. (2)
Notwithstanding anything contained in sub-section (1), where any
offence under Chapter IV has been committed by a company and it
is proved that the offence has been committed with the consent or
connivance of, or is attributable to any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and
punished accordingly. Explanation.--For the purposes of this
section,-- (a) "company" means any body corporate and includes a
firm or other association of individuals; and (b) "director", in relation
to a firm, means a partner in the firm. 39. Power of court to release
certain offenders on probation. 39. Power 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 to the age,
character, antecedents or physical or mental condition of the
offender, that it is expedient so to do, then, notwithstanding
anything contained in this Act or any other law for the time being in
force, the court may, instead of sentencing him at once to any
imprisonment, with his consent, direct that he be released for
undergoing medical treatment for de-toxification or de-addiction
from a hospital or an institution maintained or recognised by
Government and on his entering into a bond in the form prescribed
by the Central Government, with or without sureties, to appear and
furnish before the court within a period not exceeding one year, a
report regarding the result of his medical treatment and, in the
meantime, to abstain from the commission of any offence under

Chapter IV. 1. Subs. by Act 2 of 1989, s. 11 (w.e.f. 29-5-1989). 2. Subs. by s. 12,

ibid. (w.e.f. 29-5-1989). 375 (2) If it appears to the court, having regard to the report
regarding the result of the medical treatment furnished under sub- section (1), that
it is expedient so to do, the court may direct the release of the offender after due
admonition on his entering into a bond in the form prescribed by the Central
Government, with or without sureties, for abstaining from the commission of any
offence under Chapter IV during such period not exceeding three years as the court
may deem fit to specify or on his failure so to abstain, to appear before the court
and receive sentence when called upon during such period. 40. Power of court to
publish names, place of business, etc., of certainoffenders. 40. Power of court to
publish names, place of business, etc., of certain offenders. (1) Where any person is
convicted of any of the o
nces punishable under section 15 to section 25 (both inclusive), section 28, section
29 or section 30, it shall be competent for the court convicting the person to cause
the name and place of business or residence of such person, nature of the
contravention, the fact that the person has been so convicted and such other
particulars as the court may consider to be appropriate in the circumstances of the
case, to be published at the expense of such person in such newspapers or in such
manner as the court may direct. (2) No publication under sub-section (1) shall be
made until the period for preferring an appeal against the orders of the court has
expired without any appeal having been preferred, or such appeal, having been
preferred, has been disposed of. (3) The expenses of any publication under subsection (1) shall be recoverable from the convicted person as if it were a fine
imposed by the court. CHAP PROCEDURE CHAPTER V PROCEDURE 41. Power to
issue warrant and authorisation. 41. Power to issue warrant and authorisation. (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 behalf, may
issue a warrant for the arrest of any person whom he has reason to believe to have
committed any offence punishable under Chapter IV, or for the search, whether by
day or by night, of any building, conveyance or place in which he has reason to
believe any narcotic drug or psychotropic substance in respect of which an offence
punishable under Chapter IV has been committed or any document or other article
which may furnish evidence of the commission of such offence is kept or concealed.
(2) Any such officer of gazetted rank of the departments of central excise, narcotics,
customs, revenue intelligence or any other department of the Central Gov ernment
or of the Border Security Force as is empowered in this behalf by general or special
order by the Central Government, or any such officer of the revenue, drugs control,
excise, police or any other department of a State Government as is empowered in
this behalf by general or special order of the State Government, if he has reason to
believe from personal knowledge or information given by any person and taken in
writing that any person has committed an offence punishable under Chapter IV or
that any narcotic drug, or psychotropic substance in respect of which any offence
punishable under Chapter IV has been committed or any document or other article

which may furnish evidence of the commission of such offence has been kept or
concealed in any building, conveyance or place, may authorise any officer
subordinate to him but superior in rank to a peon, sepoy, or a constable, to arrest
such a person or search a building, conveyance or place whether by day 376 or by
nigh or himself arrest a person or search a building, conveyance or place. (3) The
officer to whom a warrant under sub-section (1) is addressed and the officer who
authorised the arrest or search or the officer who is so authorised under sub-section
(2) shall have all the powers of an officer acting under section 42. 42. Power of
entry, search, seizure and arrest without warrant orauthorisation. 42. Power of
entry, search, seizure and arrest without warrant or authorisation. (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 intelligence or any other
department of the Central Government or of the Border Security Force as is
embowered in this behalf by general or special order by the Central Government, or
any such officer (being an officer superior in rank to a peon, sepoy or constable) of
the revenue, drugs control, excise, police or any other department of a State
Government as is empowered in this behalf by general or special order of the State
Government, if he has reason to believe from personal knowledge or information
given by any person and taken down in writing, that any narcotic drug, or
psychotropic substance, in respect of which an offence punishable under Chapter IV
has been committed or any document or other article which may furnish evidence
of the commission of such offence is kept or concealed in any building, conveyance
or enclosed place, may, between sunrise and sunset,-- (a) enter into and search any
such building, conveyance or place; (b) in case of resistance, break open any door
and remove any obstacle to such entry; (c) seize such drug or substance and all
materials used in the manufacture thereof and any other article and any animal or

has reason to believe to be liable to confiscation

under this Act and any document or other article which he has
reason to believe may furnish evidence of the commission of any
offence punishable under Chapter IV relating to such drug or
substance: Provided that if such officer has reason to believe that a
search warrant or authorisation cannot be obtained without
affording opportunity for the concealment of evidence or facility for
the escape of an offender, he may enter and search such building,
conveyance or enclosed place at any time between sunset and
sunrise after recording the grounds of his belief. (2) Where an officer
takes down any information in writing under sub-section (1) or
records grounds for his belief under the proviso thereto, he shall
forthwith send a copy thereof to his immediate official superior. 43.
Power of seizure and arrest in public places. 43. Power of seizure
conveyance which he

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 respect of
which he has reason to believe an offence punishable under Chapter
IV has been committed, and, along with such drug or substance, any
animal or conveyance or article liable to confiscation under this Act,
and any document or other 377 article which he has reason to
believe may furnish evidence of the commission of an offence
punishable under Chapter IV relating to such drug or substance; (b)
detain and search any person whom he has reason to believe to
have committed an offence punishable under Chapter IV, and, if
such person has any narcotic drug or psychotropic substance in his
possession and such possession appears to him to be unlawful,
arrest him and any other person in his company. Explanation.--For
the purposes of this section, the expression "public place" includes
any public conveyance, hotel, shop, or other place intended for use
by, or accessible to the public. 44. Power of entry, search, seizure
and arrest in offences relating tococa plant, opium poppy and
cannabis plant. 44. Power 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 offence punishable under Chapter IV and
relating to coca plant, the opium poppy or cannabis plant and for
this purpose references in those sections to narcotic drugs, or
psychotropic substance, shall be construed as including references
to coca plant, the opium poppy and cannabis plant. 45. Procedure
where seizure of goods liable to confiscation notpracticable. 45.
Procedure 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 authorised under section 42 may serve on the owner or
person in possession of the goods, an order that he shall not
remove, part with or otherwise deal with the goods except with the
previous permission of such officer. 46. Duty of land holder to give
information of illegal cultivation. 46. Duty 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,
cannabis plant or coca plant which may be illegally cultivated within
his land and every such holder of land who knowingly neglects to
give such information, shall be liable to punishment. 47. Duty of
certain officers to give information of illegal cultivation. 47. Duty 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 the Police or of any of the departments mentioned in
section 42 when it may come to his knowledge that any land has
been illegally cultivated with the opium poppy, cannabis plant or
coca plant, and every such officer of the Government, panch,
sarpanch and other village officer who neglects to give such
information shall be liable to punishment. 378 48. Power of
attachment of crop illegally cultivated. 48. Power 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 [or any officer of a gazetted
rank empowered under section 42] may order attachment of any
opium poppy, cannabis plant or coca plant which he has reason to
believe to have been illegally cultivated and while doing so may
pass such order (including an order to destroy the crop) as he thinks
fit. 49. Power to stop and search conveyance. 49. Power to stop and
search conveyance. Any officer authorised 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 narcotic drug or
psychotropic substance, in respect of which he suspects that any
provision of this Act has been, or is being, or is about to be,
contravened at any time, stop such animal or conveyance, or, in the
case of an aircraft, compel it to land and-- (a) rummage and search
the conveyance or part thereof; (b) examine and search any goods
on the animal or in the conveyance; (c) if it becomes necessary to
stop the animal or the conveyance, he may use all lawful means for

stopping it, and where such means fail, the animal or the
conveyance may be fired upon. 50. Conditions under which search
of persons shall be conducted. 50. Conditions under which search of
persons shall be conducted. (1) When any officer duly authorised
under section 42 is about to search any person under the provisions
of section 41, section 42 or section 43, he shall, if such person so
requires, take such person without unnecessary delay to nearest
Gazetted Officer of any of the departments mentioned in section 42
or to the nearest Magistrate. (2) If such requisition is made, the
officer may detain the person until he can bring him before the
Gazetted Officer or the Magistrate referred to in sub-section (1). (3)
The Gazetted Officer or the Magistrate before whom any such
person is brought shall, if he sees no reasonable ground for search,
forthwith discharge the person but otherwise shall direct that search
be made. (4) No female shall be searched by anyone excepting a
female. 51. Provisions of the code of Criminal Procedure, 1973 to
apply towarrants, arrests, searches and Seizures. 51. Provisions of
the code of Criminal Procedure, 1973 to apply to warrants, arrests,
searches and seizures. The provisions of the Code of Criminal
Procedure, 1973 (2 of 1974) shall apply, in so far as they are not
inconsistent with the provisions of this Act, to all warrants issued
and arrests, searches and seizures made under this Act. 52. Disposal
of persons arrested and articles seized. 52. Disposal 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. (2) Every person
arrested and article seized under warrant issued under sub-section
(1) of section 41 shall be forwarded without unnecessary delay to
the Magistrate by whom the warrant was issued.
--------------------------------------------------------------------- 1. Ins. by Act 2 of
1989, s. 13 (w.e.f. 29-5-1989). 379 (3) Every person arrested and
article seized under sub-section (2) of section 41, section 42, section
43 or section 44 shall be forwarded without unnecessary delay to-(a) the officer-in-charge of the nearest police station, or (b) the
officer empowered under section 53. (4) The authority or officer to

whom any person or article is forwarded under sub-section (2) or

sub-section (3) shall, with all convenient despatch, take such
measures as may be necessary for the disposal according to law of
such person or article. 52A. Disposal of seized narcotic drugs and
psychotropic substances. 1*[52A. Disposal 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, substitution,
constraints of proper storage space or any other relevant
considerations, by notification published in the Official Gazette,
specify such narcotic drugs or psychotropic substances or class of
narcotic drugs or class of psycho- tropic substances which shall, as
soon as may be after their seizure, be disposed of by such officer
and in such manner as that Govern- ment may, from time,
determine after following the procedure herein- after specified. (2)
Where any narcotic drug or psychotropic substance has been seized
and forwarded to the officer-in-charge of the nearest police station
or to the officer empowered under section 53, the officer referred to
in sub-section (1) shall prepare an inventory of such narcotic drugs
or psychotropic substances containing such details relating to their
description, quality, quantity, mode of packing, marks, numbers or
such other identifying particulars of the narcotic drugs or
psychotropic substances or the packing in which they are packed,
country of origin and other particulars as the officer refe- rred to in
sub-section (1) may consider relevant to the identity of the narcotic
drugs or psychotropic substances in any proceedings under this Act
and make an application, to any Magistrate for the purpose of-- (a)
certifying the correctness of the inventory so prepared; or (b) taking,
in the presence of succh magistrate, photographs of such drugs or
substances and certifying such photographs as true; or (c) allowing
to draw representative samples of such drugs or substances, in the
presence of such magistrate and certifying the ccorrectness of any
list of samples so drawn. (3) Where an application is made under
sub-section (2), the Magis- trate shall, as soon as may be, allow the
application. (4) Notwithstanding anything contained in the Indian

Evidence Act, 1872 (1 of 1972), or the Code of Criminal Procedure,

1973 (2 of 1974), every court trying an offence under this Act, shall
treat the innventory, the photographs of narcotic drugs or
psychotropic substances and any list of samples drawn under subsection (2) and certified by the Magistrate, as primary evidence in
respect of such offence.] 53. Power to invest officers of certain
departments with powers of anofficer-in-charge of a police station.
53. Power 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
department of central excise, narcotics, customs, revenue
intelligence or Border Security Force or any class of such officers
with the powers of an officer-in-charge of a police station for the
investigation of the offences under this Act. (2) The State
Government may, by notification published in the Official Gazette,
invest any officer of the department of drugs control, revenue or
excise or any class of such officers with the powers of an officer-incharge of a police station for the investigation of offences under this
Act. 53A. Relevancy of statements under certain circumstances.
2*["53A. Relevancy 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 or proceedings by such officer, shall
be relevant for the purpose of proving, in any prosecution for an
offence under this Act, the truth of the facts which it contains,-- (a)
when the person who made the statement is dead or connot be
found, or is incapable of giving evidence or is kept out of the way by
the adverse party, or whose presence cannot be obtained without
an amount of delay or expense which, under the circumstances of
the case, the court considers unreasonable; or (b) when the person
who made the statement is examined as a witness in the case
before the court and the court is of the opinion that, having regard
to the circumstances of the case, the statement should be admitted
in evidence in the interest of justice. (2) The provisions of sub-

section (1) shall, so far as may be, apply in relation to any

proceedings under this Act or the rules or orders made thereunder,
other than a proceeding before a court, as they apply in relation to a
proceeding before a court. 54. Presumption from possession of illicit
articles. 54. Presumption 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 of-- (a) any narcotic drug or psychotropic substance; (b)
any opium poppy, cannabis plant or coca plant growing on any land
which he has cultivated; (c) any apparatus specially designed or any
group of utensils specially adopted for the manufacture of any
narcotic drug or psychotropic substance; or (d) any materials which
have undergone any process towards the manufacture of a narcotic
drug or psychotropic substance, or any residue left of the materials
from which any narcotic drug or psychotropic substance has been
manufactured, for the possession of which he fails to account
satisfactorily. 55. Police to take charge of articles seized and
delivered. 55. Police 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 Act within the local area of that police station and
which may be delivered to him, and shall allow any officer who may
accompany such articles to the police station or who may be
deputed for the purpose, to affix his seal to such articles or to take
samples of and from them and all samples so taken shall also be
sealed with a seal of the officer-in-charge of the police station. 56.
Obligation of officers to assist each other. 56. Obligation 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 out the provisions
of this Act. 1. Ins. by Act 2 of 1989, s. 14 (w.e.f. 29-5-1989. 2. Ins. by
s. 15, ibid. (w.e.f. 29-5-1989). 380 57. Report of arrest and seizure.
57. Report 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 all the

particulars of such arrest or seizure to his immediate official

superior. 58. Punishment for vexatious entry, search, seizure or
arrest. 58. Punishment 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 entered or searched, any building,
conveyance or place; (b) vexatiously and unnecessarily seizes the
property of any person on the pretence of seizing or searching for
any narcotic drug or psychotropic substance or other article liable to
be confiscated under this Act, or of seizing any document or other
article liable to be seized under section 42, section 43 or section 44;
or (c) vexatiously and unnecessarily detains, searches or arrests any
person, shall be punishable with imprisonment for a term which may
extend to six months or with fine which may extend to one thousand
rupees, or with both. (2) Any person wilfully and maliciously giving
false information and so causing an arrest or a search being made
under this Act shall be punishable with imprisonment for a term
which may extend to two years or with fine or with both. 59. Failure
of officer in duty or his connivance at the contravention ofthe
provisions of this Act. 59. Failure 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 official superior or has other lawful excuse for so doing, be
punishable with imprisonment for a term which may extend to one
year or with fine or with both. 1*[(2) Any officer on whom any duty
has been imposed by or under this Act or any person who has been
given the custody of-- (a) any addict; or (b) any other person who
has been charged with an offence under this Act, and who wilfully
aids in, or connives at, the contravention of any provision of this Act
or any rule or order made thereunder, shall be punishable with
rigorous imprisonment for a term which shall not be less than ten
years but which may extend to twenty years, and shall also be liable
to fine which shall not be less than one lakh rupees but which may
extend to two lakh rupees. Explanation-- For the purposes of this

sub-section, the expres- sion "officer" includes any person employed

in a hospital or insti- tution maintained or recognised by the
Government or a local autho- rity under section 64A for providing
de-addiction treatment.] (3) No court shall take cognizance of any
offence under sub- section (1) or sub-section (2) except on a
complaint in writing made with the previous sanction of the Central
Government, or as the case may be, the State Government. 60.
Liability of illicit drugs, substances, plants, articles andconveyances
to confiscation. 60. Liability 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 plant, cannabis
plant, 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 narcotic drug or psychotropic substance
lawfully produced, imported inter-State, exported inter-State,
imported into India, transported, manufactured, possessed, used,
purchased or sold along with, or in addition to, any narcotic drug or
psychotropic substance which is
---------------------------------------------------------------------- 1. Subs. by Act 2
of 1989, s. 16 (w.e.f. 29-5-1989). 381 liable to confiscation under
sub-section (1) and the receptacles, packages and coverings in
which any narcotic drug or psychotropic substance, materials,
apparatus or utensils liable to confiscation under sub-section (1) is
found, and the other contents, if any, of such receptacles or
packages shall likewise be liable to confiscation. (3) Any animal or
conveyance used in carrying any narcotic drug or psychotropic
substance, or any article liable to confiscation under sub-section (1)
or sub-section (2) shall be liable to confiscation, unless the owner of
the animal or conveyance proves that it was so used without the
knowledge or connivance of the owner himself, his agent, if any, and
the person-in-charge of the animal or conveyance and that each of
them had taken all reasonable precautions against such use. 61.
Confiscation of goods used for concealing illicit drugs or substances.
61. Confiscation 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. Explanation.--In this section
"goods" does not include conveyance as a means of transport. 62.
Confiscation of sale proceeds of illicit drugs or substances. 62.
Confiscation 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 confiscation under this Act, the sale proceeds thereof shall
also be liable to confiscation. 63. Procedure in making confiscations.
63. Procedure 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
seized under this Act is liable to confiscation under section 60 or
section 61 or section 62 and, if it decides that the article is so liable,
it may order confiscation accordingly. (2) Where any article or thing
seized under this Act appears to be liable to confiscation under
section 60 or section 61 or section 62, but the person who
committed the offence in connection therewith is not known or
cannot be found, the court may inquire into and decide such liability,
and may order confiscation accordingly: Provided that no order of
confiscation of an article or thing 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 or thing, other than a narcotic drug, psychotropic substance,
the opium poppy, coca plant or cannabis plant is liable to speedy
and natural decay, or if the court is of opinion that its sale would be
for the benefit of its owner, it may at any time direct it to be sold;
and the provisions of this sub- section shall, as nearly as may be
practicable, apply to the net proceeds of the sale. (3) Any person not
convicted who claims any right to property which has been
confiscated under this section may appeal to the Court of Session
against the order of confiscation. 382 64. Power to tender immunity
from prosecution. 64. Power 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 obtaining the evidence of any person appearing to
have been directly or indirectly concerned in or privy to the
contravention of any of provisions of this Act or of any rule or order
made thereunder it is necessary or expedient so to do, tender to
such person immunity from prosecution for any offence under this
Act or under the Indian Penal Code (45 of 1860) or under any other
Central Act or State Act, as the case may be, for the time being in
force, on condition of his making a full and true disclosure of the
whole circumstances relating to such contravention. (2) A tender of
immunity made to, and accepted by, the person concerned, shall, to
the extent to which the immunity extends, render him immune from
prosecution for any offence in respect of which the tender was
made. (3) If it appears to the Central Government or, as the case
may be, the State Government, that any person to whom immunity
has been tendered under this section has not complied with the
conditions on which the tender was made or is wilfully concealing
anything or is giving false evidence, the Central Government or, as
the case may be, the State Government, may record a finding to
that effect and thereupon the immunity shall be deemed to have
been withdrawn and such person may be tried for the offence in
respect of which the tender of immunity was made or for any other
offence of which he appears to have been guilty in connection with
the same matter. 64A. Immunity from prosecution to addicts
volunteering for treatment. 1*["64A. Immunity from prosecution to
addicts volunteering for treatment. Any addict, who is not charged
with any offence punish- able under sections 15 to 25 (both
inclusive) or section 27A, who voluntarily seeks to undergo medical
treatment for de-toxification or de-addiction from a hospital or an
institution maintained or recog- nised by the Government or a local
authority and undergoes such treat- ment shall not be liable to
prosecution under section 27 once in his lifetime: Provided that the
said immunity from prosecution may be withdrawn if the addict does
not undergo the complete treatment for detoxifi- cation or de-

addiction."] 66. Presumption as to documents in certain cases. 66.

Presumption 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 of any person, in either case,
under this Act or under any other law, or (ii) has been received from
any place outside India (duly authenticated by such authority or
person and in such manner as may be prescribed by the Central
Government) in the course of investigation of any offence under this
Act alleged to have been committed by a person, and such
document is tendered in any prosecution under this Act in evidence
against him, or against him and any other person who is tried jointly
with him, the court shall-- (a) presume, unless the contrary is
proved, that the signature and every other part of such document
which purports to be in the handwriting of any particular person or
which the court may reason---------------------------------------------------------------------- 1. Ins. by Act 2 of
1989, s. 17 (w.e.f. 29-5-1989). 2. Omitted by s. 18, ibid. (w.e.f. 29-51989). 383 ably assume to have been signed by, or to be in the
handwriting of, any particular person, is in that person's
handwriting; and in the case of a document executed or attested,
that it was executed or attested by the person by whom it purports
to have been so executed or attested; (b) admit the document in
evidence, notwithstanding that it is not duly stamped, if such
document is otherwise admissible in evidence; (c) examine any
person acquainted with the facts and circumcontrary is proved, the
truth of the contents of such document. 67. Power to call for
information, etc. 67. Power to call for information, etc. Any officer
referred to in section 42 who is authorised in this behalf by the
Central Government or a State Government may, during the course
of any enquiry in connection with the contravention of any provision
of this Act,-- (a) call for information from any person for the purpose
of satisfying himself whether there has been any contravention of
the provisions of this Act or any rule or order made thereunder; (b)
require any person to produce or deliver any document or thing
useful or relevant to the enquiry; (c) examine any person acquainted

with the facts and circumstances of the case. 68. Information as to

commission of offences. 68. Information 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 got any information as to the
commission of any offence. CHAP FORFEITURE OF PROPERTY
DERIVED FROM, OR USED IN, ILLICIT TRAFFIC 1*[CHAPTER VA]
FORFEITURE OF PROPERTY DERIVED FROM, OR USED IN, ILLICIT
TRAFFIC 68a. Application. 68A. Application. (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 following,
namely:- (a) every person who has been convicted of an offence
puni- shable under this Act with imprisonment for a term of five
years or more; (b) every person who has been convicted of a similar
offence by a competent court of criminal jurisdiction outside India;
(c) every person in respect of whom an order of detention has been
made under the Prevention of IIicit Traffic in Narcotic Drugs and
Psychotropic Substances Act, 1988 (46 of 1988), or under the
Jammu and Kashmir Prevention of IIicit Traffic in Narcotic Drugs and
Psychotropic Substances Act, 1988; Provided that such order of
detention has not been revoked on the report of the Advisory Board
constituted under the said Acts or such order of detention has not
been set aside by a court of competent jurisdiction; (d) every person
who is a relative of a person referred to in clause (a) or clause (b) or
clause (c); (e) every associate of a person referred to in clause (a) or
clause (b or clause (c); (f) any holder (hereafter in this clause
referred to as the "present holder") of any property which was at
any time previo- usly held by a person referred to in clause (a) or
clause (b) or clause (c) unless the present holder or, as the case
may be, any one who held such property after such person and
before the present holder, is or was a transferee in good faith for
adequate consideration. 68B. Deffinitions. 68B. Deffinitions.In this
Chapter, unless the context otherwise requires,-- (a) "Appellate
Tribunal" means the Appellate Tribunal for Forfeited Property
constituted under section 68N; (b) "associate" in relation to a person

whose property is liable to be forfeited under this Chapter, means-(i) any individual who had been or is residing in the resi- dential
premises (including out-houses) of such person; (ii) any individual
who had been or is managing the affairs or keeping the accounts of
such person; (iii) any association of persons, body of individuals,
part- nership firm, or private company within the meaning of the
Compa- nies Act, 1956 (1 of 1956), of which such person had been
or is a member, partner or director; (iv) any individual who had been
or is a member, partner or director of an association of persons,
body of individuals, partnership firm or private company referred to
in sub-clause (iii) at any time when such person had been or is a
member, partner or director of such association, body, partnership
firm or private company; (v) any person, who had been or is
managing the affairs, or keeping the accounts, of any association of
persons, body of individuals, partnership firm or private company
referred to in sub-clause (iii); (vi) the trustee of any trust, where,-(1) the trust has been created by such person; or (2) the value of
the assets contributed by such person (including the value of the
assets, if any, contributed by him earlier) to the trust amounts, on
the date on which con- tribution is made, to not less than twenty per
cent. of the value of the assets of the trust on that date; (vii) where
the competent authority, for reasons to be reco- rded in writing,
considers that any properties of such person are held on his behalf
by any other person, such other person; (c) "competent authority"
means an officer of the Central Gover- nment authorised by it under
section 68D; (d) "concealment" means the concealment or disguise
of the nature, source, disposition, movement or ownership of
property and includes the movement or conversion of such property
by electronic transmission or by any other means; (e) "freezing"
means temporarily prohibiting the transfer, conv- ersion, disposition
or movement of property by an order issued under section 68F; (f)
"identifying" includes establishment of proof that the pro- perty was
derived from, or used in, the illicit traffic; (g) " illegally acquired
properrty", in relation to any person to whom this Chapter applies,
means,-- (i) any property acquired by such person, whether before

or after the commencement of this Chapter, wholly or partly out of

or by means of any income, earnings or assets derived or obtained
from or attributable to illicit traffic; or (ii) any property acquired by
such person, whether before or after the commencement of this
Chapter, for a consideration, or by any means wholly or partly
traceable to any property referred to in sub-clause (i) or the income
or earning from such property, and includes-- (A) any property held
by such person which would have been, in relation to any previous
holder thereof, illegally acquired property under this clause if such
previous holder had not ceased to hold it, unless such person or any
other person who held the property at any time after such previous
holder or, where there are two or more such previous holders, the
last of such previous holders is or was a transferee in good faith for
adequate consideration; (B) any property acquired by such person,
whether before or after the commencement of this Chapter, for a
consideration, or by any means, wholly or partly traceable to any
property falling under item (A), or the income or earnings therefrom;
(h) "property" means property and assets of every description,
whether corporeal or incorporeal, movable or immovable, tangible
or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived from, or used in, the illicit
traffic; (i) "relative" means-- (1) spouse of the person; (2) brother or
sister of the person; (3) brother or sister of the spouse of the person;
(4) any lineal ascendant or descendant of the person; (5) any lineal
ascendant or descendant of the spouse of the person; (6) spouse of
a person referred to in sub-clause (2), sub- clause (3), sub-clause (4)
or sub-clause (5); (7) any lineal descendant of a person referred to
in sub- clause (2) or sub-clause (3); (j) "tracing" means determining
the nature, source, disposition, movement, title or ownership of
property; (k) "trust" includes any other legal obligation. 68C.
Prohibition of holding illegally acquired property. 68C. Prohibition 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 either by
himself or through any other person on his behalf. (2) Where any

person holds any illegally acquired property in contravention of the

provisions of sub-section (1), such property shall be liable to be
forfeited to the Central Government in accor- dance with the
provisions of this Chapter: Provided that no property shall be
forfeited under this Chapter if such property was acquired by a
person to whom this Act applies before a period of six years from
the date on which he was charged for an offence relating to illicit
traffic. 68D. Competent authority. 68D. Competent authority. (1) The
Central Government may, by order published in the Official Gazette,
authorise any Collector of Customs or Collector of Central Excise or
Commissioner of Income-tax or any other officer of the Central
Government of equivalent rank to perform the functions of the
competent authority under this Chapter. (2) The competent
authorities shall perform their functions in respect of such persons
or classes of persons as the Central Govern- ment may, by order,
direct. 68E. Identifying illegally acquired property. 68E. Identifying
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 this Chapter
applies has been charged with any offence pun- ishable under this
Act, whether committed in India or outside, proceed to take all steps
necessary for tracing and identitying any property illegally acquired
by such person. (2) The steps referred to in sub-section (1) may
include any inquiry, investigation or survey in respect of any person,
place, property, assets, documents, books of account in any bank or
public financial institution or any other relevant matters. (3) Any
inquiry, investigation or survey referred to in sub- section (2) shall
be carried out by an officer mentioned in sub-sec- tion (1) in
accordance with such directions or guidelines as the competent
authority may make or issue in this behalf. 68F. Seizure or freezing
of illegally acquired property. 68F.Seizure 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 investigation is being
conducted is an illegally acquired property and such property is

likely to be concealed, transferred or dealt with in any manner which

will result in frustrating any procee- ding relating to forfeiture of
such property under this Chapter, he may make an order for seizing
such property and where it is not practicable to seize such property,
he may make an order that such property shall not be transferred or
otherwise dealt with, except with the prior permission of the officer
making such order, or of the competent authority and a copy of such
order shall be served on the person concerned: Provided that the
competent authority shall be duly informed of any order made under
this sub-section and a copy of such an order shall be sent to the
competent authority within forty-eight hours of its being made. (2)
Any order made under sub-section (1) shall have no effect unless
the said order is confirmed by an order of the competent auth- ority
within a period of thirty days of its being made. Explanation --For the
purposes of this section, "transfer of pro- perty" means any
disposition, conveyance, assignment, settlement, delivery, payment
or other alienation of property and, without limit- ing the generality
of the foregoing, includes-- (a) the creation of a trust in property; (b)
the grant or creation of any lease, mortgage, charge, easement,
licence, power, partnership or interest in property; (c) the exercise of
a power of appointment of property vested in any person, not the
owner of the property, to determine its disposition in favour of any
person other than the donee of the power; and (d) any transaction
entered into by any person with intent thereby to diminish directly
or indirectly the value of his own property and to increase the value
of the property of any other person. 68G. Management of properties
seized or forfeited under this Chapter. 68G. Management of
properties seize 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
Government) as it thinks fit, to perform the functions of an
Administrator. (2) The Administrator appointed under sub-section (1)
shall receive and manage the property in relation to which an order
has been made under sub-section (1) of section 68F or under section
68I in such manner and subject to such conditions as may be

prescribed. (3) The Administrator shall also take such measures, as

the Cen- tral Government may direct, to dispose of the property
which is for- feited to the Central Government. 68H. Notice of
forfeiture of property. 68H. Notice 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 behalf, his known sources of income, earnings or
assets, and any other infor- mation or material available to it as a
result of a report from any officer making an investigation under
section 68E or otherwise, the competent authority has reason to
believe (the reasons for such belief to be recorded in writing) that all
or any of such properties are illegally acquired properties, it may
serve a notice upon such person (hereinafter referred to as the
person affected) calling upon him within a period of thirty days
specified in the notice to indicate the sources of his income,
earnings or assets, out of which or by means of which he has
acquired such property, the evidence on which he relies and other
relevant information and particculars, and to show cause why all or
any of such properties, as the case may be, should not be declared
to be illegally acquired properties and forfeited to the Central
Government under this Chapter. (2) Where a notice under subsection (1) to any person specifies any property as being held on
behalf of such person by any other person, a copy of the notiec shall
also be served upon such other person. 68I. Forfeiture of property in
certain cases. 68I. Forfeiture 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 before it and after giving to the person affected
(and in a case where the person affected holds any property
specified in the notice through any other person, to such other
person also) a reasonable apportunity of being heard, by order,
record a finding whether all or any of the properties in question are
illegally acquired properties: Provided that if the person affected
(and in a case where the person affected holds any property
specified in the notice through any other person such other person

also) does not appear before the compe- tent authority or represent
his case before it within a period of thirty days specified in the show
cause notice, the competent autho- rity may proceed to record a
finding under this sub-section ex parte on the basis of evidence
available before it. (2) Where the competent authority is satisfied
that some of the properties referred to in the show cause notice are
illegally acquired properties but is not able to identify specifically
such properties, then, it shall be lawful for the competent authority
to specify the properties which, to the best of its judgment, are
illegally acquired properties and record a finding accordingly under
sub-section (1). (3) Where the competent authority records a finding
under this section to the effect that any property is illegally acquired
pro- perty, it shall declare that such property shall, subject to the
provisions of this Chapter, stand forfeited to the Central Government
free from all encumbrances. (4) Where any shares in a company
stand forfeited to the Central Government under this Chapter, then,
the company shall, notwithstand- ing anything contained in the
Companies Act, 1956 (1 of 1956) or the articles of association of the
company, forthwith register the Cen- tral Government as the
transferee of such shares. 68J. Burden of proof. 68J. Burden 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 property shall be on the person affected. 68K. Fine
in lieu of forfeiture. 68K. Fine in lieu of forfeiture. (1) Where the
competent autho- rity makes a declaration that any property stands
forfeited to the Central Government under section 68I and it is a
case where the source of only a part of the illegally acquired
property has not been proved to the satisfaction of the competent
authority, it shall make an order giving an option to the person
affected to pay, in lieu of forfeiture, a fine equal to the market value
of such part. (2) Before making an order imposing a fine under subsection (1), the person afeccted shall be given a reasonble
opportunity of being heard. (3) Where the person affected pays the
fine due under sub-section (1), within such time as may be allowed
in that behalf, the competent authority may, by order, revoke the

declaration of forfeiture under section 68I and thereupon such

property shall stand released. 68L. Procedure in relation to certain
trust properties. 68L. Procedure 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 infor- mation and materials available to it, has reason to believe
(the reasons for such belief to be recorded in writing) that any
property held in trust is illegally acquired property, it may serve a
notice upon the author of the trust or, as the case may be, the
contributor of the assets out of or by means of which such propery
was acquired by the trust and the trustees, calling upon them within
a period of thirty days specified in the notice, to explain the source
of money or other assets out of or by means of which such property
was acquired or, as the case may be, the source of money or other
assets which were contributed to the trust for acquiring such
property and thereupon such notice shall be deemed to be a notice
served under section 68H and all the other provisions of this Chapter
shall apply accordingly. Explanation -- For the purposes of this
section "illegally acquired property", in relation to any property held
in trust, includes-- (i) any property which if it had continued to be
held by the author of the trust or the contributor of such property to
the trust would have been illegally acquired property in rela- tion to
such author or contributor; (ii) any property acquired by the trust
out of any contri- butions made by any person which would have
been illegally acquired property in relation to such person had such
person acquired such property out of such contributions. 68M.
Certain transfers to be null and void. 68M. Certain transfers to be
null and viod. 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 refe- rred to in the said order or
notice is transferred by any mode what- soever such transfer shall,
for the purposes of the proceedings under this Chapter, be ignored
and if such property is subsequently forfei- ted to the Central
Government under section 68I, then, the transfer of such property
shall be deemed to be null and void. 68N. Constitution of Appellate

Tribunal. 68N. Constitution of Appellate Tribunal. (1) The Central

Govern- ment may, by notification in the Official Gazette, constitute
an Appellate Tribunal to be called the Appellate Tribunal for Forfeited
Property consisting of a Chairman and such number of other
members (being officers of the Central Government not below the
rank of a Joint Secretary to the Government) as the Central
Government thinks fit, to be appointed by that Government for
hearing appeals against the orders made under section 68F, section
68I, sub-section (1) of section 68K of section 68L. (2) The Chairman
of the Appellate Tribunal shall be a person who is or has been or is
qualified to be a Judge of the Supreme Court or of a High Court. (2)
The terms and conditions of service of the Chairman and other
members shall be such as may be prescribed. 68-O Appeals. 68-O.
Appeals. (1) Any person aggrieved by an order of the competent
authority made under section 68F, section 68I, sub-section (1) of
section 68K or section 68L, may, within forty-five days from the date
on which the order is served on him, prefer an appeal to the
Appellate Tribunal: Provided that the Appellate Tribunal may
entertain an appeal after the said period of forty-five days, but not
after sixty days, from the date aforesaid if it is satisfied that the
appellant was prevented by sufficient cause from fing the appeal in
time. (2) On receipt of an appeal under sub-section (1), the
Appellate Tribunal may, after giving an opportunity to the appellant
to be heard, if he so desires, and after making such further inquiry
as it deems fit, confirm, modify or set aside the order appealed
against. (3) The powers and functions of the Appellate Tribunal may
be exercised and discharged by Benches consisting of three
members and constituted by the Chairman of the Appellate Tribunal.
(4) Notwithstanding anything contained in sub-section (3), where the
Chairman considers it necessary so to do for the expeditious
disposal of appeals under this section, he may constitute a Bench of
two members and a Bench so constituted may exercise and
discharge the powers and functions of the Appellate Tribunal:
Provided that if the members of a Bench so constituted differ on any
point or points, they shall state the point or points on which they

differ and refer the same to a third member (to be specified by the
Chairman) for hearing of such point or points and such point or
points shall be decided according to the opinion of that member. (5)
The Appellate Tribunal may regulate its own procedure. (6) On
application to the Appellate Tribunal and on payment of the
prescribed fee, the Tribunal may allow a party to any appeal or any
person authorised in his behalf by such party to inspect at any time
during office hours, any relevant records and registers of the
Tribunal and obtain a certified copy of any part thereof. 68P. Notice
or order not to be invalid for error in description. 68P. Notice 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 reason of any error in the
description of the property or person men- tioned therein if such
property or person is identifiable from the description so mentioned.
68Q. Bar of jurisdiction. 68Q. Bar of jurisdiction. No order passed or
declaration made under this Chapter shall be appealable except as
provided there and no civil court shall have jurisdiction in respect of
any matter which the Appellate Tribunal or any competent authority
is empowered by or under this Chapter to determine, and no
injunction shall be granted by any court or other authority in respect
of any action taken of any action taken or to be taken in pursuancce
of any power conferred by or under this Chapter. 68R. Competent
authority and Appellate Tribunal to have powers of civilcourt. 68R.
Competent 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 respect of the following matters, namely:(a) summoning and enforcing the attendance of any person and
examining him on oath' (b) requiring the discovery and production of
documents; (c) receiving evidence on affidavits; (d) requisitioning
any public record or copy thereof from any court or office; (e) issuing
commissions for examination of witnesses or doccumentts; (f) any
other matter which may be prescribed. 68S. Information to
competent authority. 68S. Information 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 Govern- ment or a State Government or a local authority to
furnish information in relation to such persons, points or matters as
in the opinion of the competent authority will be useful for, or
relevant to, the purpose of this Chapter. (2) Every officer referred to
in section 68T may furnish suo motu any information available with
him to the competent authority if in the opinion of the officer such
information will be useful to the competent authority for the
purposes of this Chapter. 68T. Certain officers to assist
Administrator, competent authority andAppellate Tribunal. 68T.
Certain officers to assist Administrator, competent autho- roty amd
Appellate Tribunal. For the purposes of any proceedings under this
Chapter, the following officers are hereby empowered and required
to asists the Administrator appointed under section 68G, competent
authority and the Appellate Tribunal, namely:-- (a) officers of the
Narcotics Control Bureau; (b) officers of the Customs Department;
(c) officers of the Central Excise Department; (d) officers of the
Income-tax Department; (e) officers of enforcement appointed under
the Foreign Exchange Regulation Act, 1973 (46 of 1973); (f) officers
of police; (g) officers of the Narcotics Department; (h) officers of the
Central Economic Intelligence Bureau; (i) officers of the Directorate
of Revenue Intelligence Bureau; (j) such other officers of the Central
or State Government as are specified by the Central Government in
this behalf by noti- fication in the Official Gazette. 68U. Power to
take possession. 68U. Power 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 fine due under sub-section (1) of section 68K within
the time allowed therefor under sub-section (3) of that section, the
competent authority may order the person affected as well as any
other person who may be in possession of the property to surrender
or deliver possession thereof to the Administrator appointed under
section 68G or to any person duly auth- orised by him in this behalf
within thirty days of the service of the order. (2) If any person

refuses or fails to comply with an order made under sub-section (1),

the Administrator may take possession of the property and may for
that purpose use such force as may be necessary. (3)
Notwithstanding anything contained in sub-section (2), the
Administrator may, for the purpose of taking possession of any property referred to in sub-section (1), requisition the service of any
police officer to assist him and it shall be the duty of such officer to
comply with such requisition. 68V. Rectification of mistakes. 68V.
Rectification 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 by it
within a period of one year from the date of the order. Provided that
if any such amendment is likely to affect any person prejudicially, it
shall not be made without giving to such person a reasonable
apportunity of being heard. 68W. Findings under other laws not
conclusive for proceedings under thisChapter. 68W. Findings 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 proceedinngs under this Chapter.
68X. Service of notices and orders. 68X. Service 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
regis- tered post to the person for whom it is intended or to his
agent; (b) if the notice or order cannot be served in the manner
proveded in clause (a), by affixing it on a conspicuous place in the
property in relation to which the notice or order is issued or made or
on some conspicuous part of the premises in which the person for
whome it is intended is known to have last resided or carried on
business or personally worked for gain. 68Y. Punishment for
acquiring property in relation to which property inrelation to which
proceedings have this taken, been under Chapter. 68Y. Punishment
for acquirring property in relation to which property in relation to
which procceedings have this taken, been under 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 with imprisonment for a term which

may extend to five years and with fine which may exteld to fifty
thousand rupees.'] CHAP MISCELLANEOUS CHAPTER VI
MISCELLANEOUS 69. Protection of action taken in good faith. 69.
Protection 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 the State
Government or any other person exercising any powers or
discharging any functions or performing any duties under this Act,
for anything in good faith done or intended to be done under this Act
or any rule or order made thereunder. 70. Central Government and
State Government to have regard tointernational conventions while
making rules. 70. Central Government and State Government to
have regard to international conventions while making rules.
Wherever under this Act the Central Government or the State
Government has been empowered to make rules, the Central
Government or the State Government, as the case may be, subject
to other provisions of this Act, may while making the rules have
regard to the provisions of the Single Convention on Narcotic Drugs,
1961, the Protocol of 1972 amending the said Convention and of the
Convention on Psychotropic Substances, 1971 to which India is a
party and to the provisions of any other international convention
relating to narcotic drugs or psychotropic substances to which India
may become a party. 1. Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-51989). 384 71. Power of Government to establish centres for
identification,treatment, etc., of addicts and for supply of narcotic
drug andpsychotropic substances. 71. Power of Government to
establish centres for identification, treatment, etc., of addicts and for
supply of narcotic drug and psychotropic substances. (1) The
Government may, in its discretion, establish as many centres as it
thinks fit for identification, treatment, education, after-care,
rehabilitation, social re- integration of addicts and for supply, subject
to such conditions and in such manner as may be prescribed, by the
concerned Government of any narcotic drugs and psychotropic
substances to the addicts registered with the Government and to

others where such supply is a medical necessity. (2) The

Government may make rules consistent with this Act providing for
the establishment, appointment, maintenance, management and
superintendence of, and for supply of narcotic drugs and
psychotropic substances from, the centres referred to in sub-section
(1) and for the appointment, training, powers, duties and persons
employed in such centres. 72. Recovery of sums due to
Government. 72. Recovery of sums due to Government. (1) In
respect of any licence fee or other sum of any kind payable to the
Central Government or to the State Government under any of the
provisions of this Act or of any rule or order made thereunder, the
officer of the Central Government or the State Government, as the
case may be, who is empowered to require the payment of such
sum, may deduct the amount of such sum from any money owing to
the person from whom such sum may be recoverable or due or may
recover such amount or sum by attachment and sale of the goods
belonging to such persons and if the amount of the same is not so
recovered, the same may be recovered from the person or from his
surety (if any) as if it were an arrears 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 34 and section 39) 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
within the meaning of section 74 of the Indian Contract Act, 1872 (9
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 arrears of land revenue. 73. Bar of jurisdiction. 73.
Bar 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 made
thereunder on any of the following matters, namely:- (a)
withholding, refusal or cancellation of any licence for the cultivation
of the opium poppy; (b) weighment, examination and classification
according to the quality and consistence of opium and any

deductions from, or addition to, the standard price made in

accordance with such examination; (c) confiscation of opium found
to be adulterated with any foreign substance. 74. Transitional
provisions. 74. Transitional 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 to any matters
provided for in this Act, shall on such commencement, be deemed to have been
appointed under 385 the relevant provisions of this Act to the same post and with
the same designation as he was holding immediately before such commencement.
74A. Power of Central Government to give directions. 1*[74A. Power 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 Act, and the State Government shall comply with such
directions.] 75. Power to delegate. 75. Power 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 notification, such of its powers
and functions under this Act (except the power to make rules) as it may deem
necessary or expedient, to the Board or any other authority or the Narcotics
Commissioner. (2) The State Government may, by notification in the Official
Gazette, delegate, subject to such conditions and limitations as may be specified in
the notification, such of its powers and functions under this Act (except the power to
make rules) as it may deem necessary or expedient, to any authority or officer of
that Government. 76. Power of Central Government to make rules. 76. Power 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
ca
ing out the purposes of this Act. (2) Without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the following matters,
namely:-- (a) the method by which percentages in the case of liquid preparations
shall be calculated for the purposes of clauses (v), (vi) (xiv) and (xv) of section 2; (b)
the form of bond to keep the peace to be executed under section 34; (c) the form of
bond to be executed for release of an addict convict for medical treatment under
sub-section (1) of section 39 and the bond to be executed by such convict before his
release after due admonition under sub-section (2) of that section; (d) the authority
or the person by whom and the manner in which a document received from any
place outside India shall be authenticated under clause (ii) of section 66; 2*["(da)
the manner in which and the conditions subject to which properties shall be
managed by the Administrator under sub-section (2) of section 68G; (db) the terms
and conditions of service of the Chairman and other members of the Appellate
Tribunal under sub-section (3) of section 68N; (dc) the fees which shall
be paid for the inspection of the records and registers of the Appellate Tribunal or
for obtaining the certified copy of any part thereof under sub-section (6) of section

68-O; (dd) the powers of a civil court that may be exercised by the competent
authority and the Appellate Tribunal under clause (f) of section 68R; (de) the
disposal of all articles or things confiscated under this Act; (df) the drawing of
samples and testing and analysis of such samples; (dg) the rewards to be paid to
the officers, informers and other persons; (e) the conditions and the manner in
which narcotic drugs and psychotropic substances may be supplied for medical
necessity to the addicts registered with the Central Government and to others under
sub-section (1) of section 71; (f) the establishment, appointment, maintenance,
management and superintendence of centres established by the Central
Government under sub-section (1) of section 71 and appointment, training, powers
and duties of persons employed in such centres; (g) the term of office of, the
manner of filling casual vacancies of, and the allowances payable to, the Chairman
and members of the Narcotic Drugs and Psychotropic Substances Consultative
Committee and the conditions and restrictions subject to which a non-member may
be appointed to a sub-committee under sub-section (5) of section 6; (h) any other
matter which is to be, or may be, prescribed 1. Ins. by Act 2 of 1989, s. 20 (w.e.f. 295-1989). 2. Ins. by s. 21, ibid. (w.e.f. 29-5-1989). 386 77. Rules and notifications to
be laid before Parliament. 77. Rules 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 Explanation (1)
to, section 27 shall be laid, as soon as may be, after it is made or issued, 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
notification or both Houses agree that the rule or notification should not be made or
issued, the rule or the notification shall thereafter have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything previously done
under that rule or notification. 78. Power of State Government to make rules. 78.
Power of State Government to make rules. (1) Subject to the other provisions of this

may, by notification in the Official Gazette,

make rules for carrying out the purposes of this Act. (2) Without
prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:-- (a) the
conditions and the manner in which narcotic drugs and psychotropic
substances shall be supplied for medical necessity to the addicts
registered with the State Government and others under sub-section
(1) of section 71; (b) the establishment, appointment, maintenance,
management, superintendence of centres established under subsection (1) of section 71 and appointment, training, powers and
Act, the State Government

duties of persons employed in such centres; (c) any other matter

which is to be, or may be, prescribed. (3) Every rule made by a State
Government under this Act shall be laid, as soon as may be after it is
made, before the Legislature of that State. 79. Application of the
Customs Act. 1962. 79. Application 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 psychotropic substances shall be deemed to be
prohibitions and restrictions imposed by or under the Customs Act,
1962 (52 of 1962) 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. 80. Application of the Drugs and Cosmetics Act. 1940 not
barred. 80. Application 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 (23 of 1940) or the rules made thereunder. 387 81. Saving
of State and special laws. 81. Saving 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 force, or of any rule made thereunder which
imposes any restriction or provides for a punishment not imposed by
or provided for under this Act or imposes a restriction or provides for
a punishment greater in degree than a corresponding restriction
imposed by or a corresponding punishment provided for by or under
this Act for the cultivation of cannabis plant or consumption of, or
traffic in, any narcotic drug or psychotropic substance within India.
82. Repeal and savings. 82. Repeal and savings. (1) The Opium Act,
1857 (13 of 1857), the Opium Act, 1878 (1 of 1878) and the
Dangerous Drugs Act, 1930 (2 of 1930) are hereby repealed. (2)
Notwithstanding such repeal, anything done or any action taken or
purported to have been done or taken under any of the enactments
repealed by sub-section (1) shall, in so far as it is not inconsistent
with the provisions of this Act, be deemed to have been done or

taken under the corresponding provisions of this Act. 83. Power to

remove difficulties. 83. Power to remove difficulties. (1) If any
difficulty arises in giving effect to the provisions of this Act, the
Central Government may, by published in the Official Gazette, make
such provisions not inconsistent with the provisions of this Act as
appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a
period of three years from the date on which this Act receives the
assent of the President. (2) Every order made under this section
shall, as soon as may be after it is made, be laid before the Houses
of Parliament. 388