THE NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES ACT, 1985
(Act No. 61 of 1985)
[16th September 1985]
CONTENTS
Preliminary
1. Short title,
extent and commencement.
2. Definitions.
3. Power to add
to or omit from the list of psychotropic substances.
Authorities and Officers
5.
Officers
of Central Government.
6. The Narcotic
Drugs and Psychotropic Substance Consultative Committee.
7. Officers of
State Government.
National Fund from Control of Drug Abuse
7-A. National
Fund for Control of drug Abuse.
7-B. Annual
repot of activities financed under the Fund.
Prohibition, Control and Regulation
8.
Prohibition
of certain operations.
9.
Power of
Central Government to permit, control and regulate.
9-A. Power to
control and regulate controlled substances.
10. Power of State
Government to Permit control and regulate.
11. Narcotic
drugs and psychotropic substances, etc., not liable to distress or attachment.
12. Restrictions
over external dealings in narcotic drugs and psychotropic substances.
14. Special provision
relating to cannabis.
Offences and Penalties
15. Punishment
for contravention in relation to poppy straw.
16. Punishment
for contravention in relation to coca plant and coca leaves,
17. Punishment
for contravention or in relation to prepared opium.
18. Punishment
for contravention in relation to opium poppy and opium.
19. Punishment
for embezzlement of opium by cultivator.
20. Punishment
for contravention in relation to cannabis plant and cannabis.
21. Punishment
for contravention in relation to manufactured drugs and preparations.
22. Punishment
for contravention in relation to psychotropic substances.
25. Punishment
or allowing premises, etc., to be used for commission of an offence.
25-A. Punishment
for contravention of orders made under Section 9-A.
26. Punishment
for certain acts by licensee or his servants.
27-A. Punishment
for financing illicit traffic and harbouring offenders.
28. Punishment
for attempts to commit offences.
29. Punishment
for abetment and criminal conspiracy.
30. Preparation.
31. Enhanced
Punishment for certain offences after previous conviction.
31-A. Death
Penalty for certain offences after previous conviction.
32. Punishment
for offence for which no Punishment is provided.
32-A. No
suspension, remission or commutation in any sentence awarded under this Act.
34. Security for
abstaining from commission of offence.
35. Presumption
of culpable menial state.
36. Constitution
of Special Courts.
36-A. Offences
triable by Special Courts.
36-B. Appeal and
revision.
36-C. Application
of Code to proceedings before Special Court.
36-D. Transitional
Provisions.
37. Offences to
be cognizable and not-bailable.
39. Power of
court to release certain offenders on probation.
40. Power of
court to publish names, place of business etc, of certain offenders.
Procedure
41. Power to
issue warrant and authorisation.
42. Power of
entry, search, seizure and arrest without warrant or authorisation.
43. Power of
seizure and arrest in public places.
45. Procedure
where seizure of goods liable to confiscation not practicable.
46. Duty of land
holder to give information of illegal cultivation.
47. Duty of
certain officers to give information of illegal cultivation.
48. Power of
attachment of crop, illegally cultivated.
50. Conditions
under which search of persons shall be conducted.
52. Disposal of
persons arrested and articles seized.
52-A. Disposal
of seized narcotic drugs and psychotropic substances.
53-A. Relevance
of statements under certain circumstances.
54. Presumption
from possession of illicit articles.
55. Police to
take charge of articles seized and delivered.
56. Obligation
of officers to assist each other.
57. Report of
arrest and seizure.
58. Punishment
for vexatious entry, search, seizure or arrest.
59. Failure of
officer in duty or his connivance at the contravention of the provisions of
this Act.
60. Liability of
illicit drugs, substances, plants, articles and conveyances to confiscation.
61. Confiscation
of goods used for concealing illicit drugs or substances.
62. Confiscation
of sale proceeds of illicit drugs or substances.
63. Procedure in
making confiscations.
64. Power to
tender immunity from prosecution.
64-A. Immunity
from prosecution to addicts volunteering for treatment.
65. [Omitted]
66. Presumption
as to document in certain cases.
67. Power to
call for information, etc.
68. Information
as to commission of offences.
Forfeiture of Propery Derived from, of used in, Illicit Traffic
68-A. Application.
68-B. Definitions.
68-C. Prohibition
of holding illegally acquired property.
68-D. Competent authority.
68-E. Identifying
illegally acquired property.
68-F. Seizure or
freezing of illegally acquired property.
68-G. Management
of properties seized or forfeited under this Chapter.
68-H. Notice of
forfeiture of property.
68-I. Forfeiture
of property in certain cases.
68-J. Burden of
proof.
68-K. Fine in
lieu of forfeiture.
68-L. Procedure
in relation to certain trust properties.
68-M. Certain
transfers to be null and void.
68-N. Constitution
of Appellate Tribunal.
68-O. Appeals.
68-P. Notice of
order not be invalid for error in description.
68-Q. Bar of
jurisdiction.
68-R. Competent
authority and Appellate Tribunal to have powers of civil court.
68-S. Information
to competent authority.
68-T. Certain
officers to assist Administrator, competent authority and Appellate Tribunal.
68-U. Power to
take possession.
68-V. Rectification
of mistakes.
68-W. Finding
under other laws not conclusive for proceedings under this Chapter.
68-X. Service of
notices and orders.
Miscellaneous
69. Protection
of action taken in good faith.
72. Recovery of
sums due to Government.
74-A. Powers of
Central Government to give directions
76. Power of
Central Government to make rules.
77. Rules and notifications
to be laid before Parliament.
78. Power of
State Government to make rules.
79. Application
of the Customs Act, 1962
80. Application
of the 'Drugs and Cosmetics Act, 1940 not barred.
81. Saving of
State and special laws.
83. Power to
remove difficulties.
THE NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES
ACT, 1985
An Act to consolidate and amend the law relating to narcotic drugs, to
made stringent provisions for the control and regulation of operations relating
to narcotic drugs a 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
provision of the International Conventions on Narcotic Drugs and Psychotropic
Substances] a for matters connected therewith.
Be it enacted by
Parliament in the Thirty sixth Year of the Republic of India as follows: -
1. Ins. by Act No. 2 of 1989 (w.e.f
29-5-1989).
CHAPTER I
PRELIMINARY
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 1[date] as
the Central Government may, be notification in the official Gazette, appoint,
and different States 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
reference to the coming into force of that provision in that State.
1. 14-11-1985
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;
(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
(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 or benzoyl-ecgonine and its salts; and
(d) All preparations
containing more that 0.1 percent of cocaine;
(iv) “Coca leaf “ means-
(a) The
leaf of 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, but does not include any
reparation containing not more than 0.1 percent of cocaine;
(vii) “Coca
plant” means the plant of any species of the genus Erythroxylon;
1[(vii-a) “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 manufacture of narcotic drugs or psychotropic
substances or to the provisions of any International Convention, by
notification in the Official Gazette, declare to be a controlled substance];
(viii) “Conveyance”
means a conveyance of any description whatsoever and includes any aircraft,
vessel;
1[(viii-a) “illicit traffic”, in relation to narcotic drugs and
psychotropic substances, means, -
(i) Cultivating any coca
plant or gathering any portion of coca plant;
(ii) Cultivating the opium
poppy or any cannabis plant;
(iii) Engaging
in the production, manufacture, possession, sale, purchase, transportation,
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 (iii); 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 aforementioned 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) Making
of preparation (otherwise than in a pharmacy on prescription) with or
containing such drugs or substances;
(xi) “Manufactured
drugs” mean-
(a) All
coca derivatives, medicinal connabis, opium derivatives and poppy straw
concentrate;
(b) Any
other 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
to be a manufactured drug.
But does not include any 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 and International Convention, by
notification in the Official Gazette, declare to be a manufactured drug.
(xii) “Medical
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, poppy 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 theirs salts;
(d) Diacetylmorphine
that is, the alkaloid also known as diamorphine or heroin and its slats; and
(e) All
preparations containing more than 0.2 percent of morphine or containing any
diacetylmorphine;
(xvii) “Opium poppy” means-
(a) The plant of the species
papaver somniferum L; and
(b) The
plant of any other species of papaver from which opium or any phenanthrene
alkaloid call be extracted and which the Central Government may, be
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 drugs 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 the 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 being 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 being 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
substances 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[(xxvii
i-a) “use” in relation to narcotic drugs and psychotropic substances, means any
kind of use except personal consumption;]
(xxix) Words
and repressions used herein and not defined but defined in the Code of Criminal
Procedure, 1973 have the meanings respectively assigned to them in that Code.
1. Ins. by
Act No. 2 of 1989 (w.e.f. 29-5-1989).
Explanation. -For the purpose 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 a preparation in which one gram of substance if solid, or one
millilitre of substance, if liquid, is contained in every one hundred
millilitre 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-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 effect 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
substances or natural material or salt, or preparation such substance or
material.
CHAPTER II
AUTHORITIES AND OFFICERS
(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
subsection (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 tie being in force in connection with the enforcement of
the provisions of this Act;
(b) Obligation 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 reintegration of
addicts;
(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
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 his Act, be order, published in the Official Gazette constitute
an authority or 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 provision 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-
(1) Without
prejudice to the provisions of subsection (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 Psychotropic Substance 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” (hereinafter in this section referred to the Committee)
to advise the Central Government on such matters relating to the administration
of this Act as are referred to in 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 subcommittee, whether generally or for the consideration of any
particular matter, any person (including non-official) who is not a member of
the Committee.
(5) The
term of office of, the manner of filling casual vacancies in the officers of
and the allowances, if any, payable to, the Chairman and 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. -
(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.
1[CHAPTER II-A
NATIONAL FUND FOR CONTROL OF DRUG ABUSE
1 Ins,
by Act, No. 2 of 1989 (w.e.f.
29-5-1989).
7-A. National Fund for Control of Drug Abuse: -
(1) The
Central Government may, try notification 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 Fluid) and there shall be credited thereto, -
(a) An amount which the Central Government
may, after due appropriation made by Parliament by law in this behalf, provide;
(b) The
sale proceeds of any property forfeited under Chapter V-A;
(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 expenditure
incurred in connection with the measures taken for combating illicit traffic
in, or controlling abuse of, narcotic drugs and psychotropic substances or all
or any of the purposes specified in subsection (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 one procedure.
7-B. Annual
report of activities financed under the Fund-The
Central Government shall as soon as may be, after the, end of each financial
year, cause to be published in the Official Gazette, a report giving an account
of the activities financed
under Section 7-A during the financial year, together with a statement of
accounts.]
CHAPTER III
PROHIBITION, CONTROL AND REGULATION
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 inter-State, 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 this 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 interstate and
export interstate 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:
1[Provided further that
nothing in this section shall apply to the export of poppy straw for decorative
purposes.]
1. Ins. by
Act No. 2 of 1989 (w.e.f 29-5-1989).
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;
(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
licenses 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 (in 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 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) Prescribed 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;
(i) Prescribe the forms and conditions of licences or permits for
the manufacture, possession, transport, import interstate, export inter-State,
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 of transshipped; 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.
1[9-A.
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 expedient 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 subsection (1), and order made thereunder may provide
for regulating by licences, permits or otherwise, the production, manufacture,
possession, transport, import interstate, export interstate sale, purchase,
consumption, use, storage distribution, disposal or acquisition of any
controlled substance.]
1. Ins. by Act No. 2 of 1989 (w.e.f. 29-5-1989)
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 9
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).
(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; levy fees
for such ware housing 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 limit 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 licensed 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 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 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
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-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.
CHAPTER IV
OFFENCES AND PENALTIES
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, produces, 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 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 interstate 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. -Whoever, in contravention of any provision of
this Act or any rule or order made or condition of licence granted thereunder manufactures, possess, sells, purchases, transports, imports
inter-State, exports interstate 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:
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. - Who ever, 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-States, exports
inter-States or uses opium shall be punishable with rigorous imprisonment for a
term which 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-Any cultivator licensed to cultivate the opium poppy
on account of the Central of 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
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, possess, sells, purchases, transports, imports inter-State,
exports interstate 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 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 and preparations-Whoever in contravention of any provision of
this Act, or any rule or order or condition
of licence granted thereunder manufactures, possesses, sells, purchases,
transports, imports inter-States, exports interstate or uses any manufactured
drugs or any preparation containing any manufactured drugs 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.
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, possess sells, purchases, transports, imports
inter-State, 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 he 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 or transhipment or 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 judgment,
impose a fine exceeding two lakh rupees.
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
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 conditions (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
or 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 Court may, for reasons to be recorded in the judgment,
impose a fine exceeding two lakh rupees.
1[25-A. Punishment for contravention of orders made
under Section 9-A, - If any person contravenes an
order made under Section 9-A, 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 No. 2 of 1989 (w.e.f. 29-5-1989).
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 provisions of this Act, or any rule made thereunder;
(b) Fails
to produce without any reasonable cause such licence, permit or authorization
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 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 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.
1[27-A. Punishment for financing illicit traffic and
harbouring offenders. - Whoever indulges in financing, directly or indirectly, any of the
activities specified in sub-clause (i) or (v) or
clause (viii-a) of Section 2 or harbours any person engaged in any of the
aforementioned activities, 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].
1. Ins.
by Act No. 2 of 1989 (w.e.f. 29-5-1989).
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 punishment provided for the offence.
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, be
punishable with the punishment provided for the offence.
(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 substance having all the legal conditions required to constitute
it such an offence the same as or analogous to the legal conditions required to
constitute it an offence punishable under this Chapter, if committed within
India.
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
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 court may, for reasons to be recorded in the judgment,
impose a higher fine.
31. Enhanced
punishment for certain offences after previous conviction. -
(l) 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 that 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 (a), a fine exceeding one lakh rupees.
(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.
1[31-A. Death Penalty for certain offences after
previous conviction: –
(1) Notwithstanding
anything contained in Section 31, if any person who has been convicted of the
commission of, or attempt to commit, or abetment of, or criminal conspiracy to
commit, any of the offences punishable under Section 15 to Section 25 (both
inclusive) or Section 27-A, is subsequently convicted of the commission of, or
attempt to commit, or abetment of, or criminal conspiracy to commit, an offence
relating to, -
(a) Engaging
in the production, manufacture, possession, transportation, import into India,
export from India or transhipment, of the narcotic drugs or psychotropic
substances specified under column (1) of the Table below and involving the
quantity, which is equal to or more than the quantity indicated against each
such drug or substance, as specified in column (2) of the said Table:
TABLE
|
Particulars of Narcotic
Drugs/ Psychotropic Substances |
Quantity |
|
(i) Opium (ii) Morphine (iii) Heroin (iv) Codeine (v) Thebeine (vi) Cocaine (vii) Hashish (viii) Any mixture with or without any neutral material of any of the above drugs (ix) ESO, LDS-25 (+)-(N)- Diethyllysergamide (dlysergic acid diethylamide) (x) THC
(Tetrahydrocannabinols, the following in omers: 6-a (10a), 6-a (7), 7, 8, 9, (11) and their stereochemical variantas) (xi) Msethamphetamine (+)-2- Methylamine-a-Phenylpropane (xii) Methaqualone (2-Methyl-3-0-toly-4-(3-H)-Quinanzolinone) (xiii) Amphetamine
(+)-2-amino-1- Phenylpropan (xiv) Salts and
preparations of the Psychotropic Substances mentioned in (ix) to (xiii) |
10 Kg. 1Kg. 1Kg. 1Kg. 1Kg. 500 grams 20 Kg 1,500 grams 500 grams 500 grams 1,500 grams 1,500 grams 1,500 grams 1,500 grams |
(b) Financing, directly or
indirectly, any of the activities specified in clause (a), shall be punishable
with death.
(2) Where
any person is convicted by a competent court of criminal jurisdiction outside
India under any law corresponding to the provisions of Section 15 to Section 25
(both inclusive), Section 27-A, 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 has been convicted by a Court in India].
1. Ins. by Act No. 2 of 1989 (w.e.f. 29-5-1989).
32. Punishment
for offence for which no punishment is provided- Who ever
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.
1[32-A. 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 31, no
sentence awarded under this Act (other than Section 27) shall be suspended or
remitted or commuted.]
1. I ns.
by Act No. 2 of 1989 (w.e.f 29-5-1989).
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 or in the Probation of Offenders Act, 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. -
(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 the
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, 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 a side on appeal or otherwise, the bond so executed shall
become void.
(4) An
order under this section may also be made by ail appellate court or by the High
Court or Sessions Judge when exercising the powers of revision.
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.
(2) For
the purpose of this section, a fact is said to
be proved only when the court believes it to exit beyond a reasonable
doubt and not merely when its existence is established by a preponderance of
probability.
1[36.
Constitution of Special Courts, -
(1) The
Government may, for the purpose of providing speedy trial of the offences under
this Act, by notification in the Official Gazette, constitute as many special
courts as may be necessary for such area or areas as may be specified in the
notification.
(2) A
Special Courts 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 Session 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.
1. Sec.
36 substituted and Section 36A to 361) inserted by Act No. 2 of 1989 (w.e.f.
29-5-1989).
36-A. Offences triable by Special Courts: - Notwithstanding anything contained in the Code
of Criminal Procedure, 1973 (2 of 1974), -
(1)
(a) All
offences under this Act shall be triable only by the Special Court constituted
for the area in which the offence has been committed or where there are more
Special Court than one for such area, by such one of them as may be specified
in this behalf by the Governments;
(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 (2) or sub-section (2-A) of
Section 167 of the Code of Criminal Procedure, 1973, 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 jurisdiction;
(c) The
Special Court may exercise, in relation to the person 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 forwarded 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 complaint 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 this 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
Section 439 of the Code of Criminal Procedure, 1973 (2 of 1974), and the High
Court may exercise such 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 “Special Court” constituted under Section
36.
36-B. Appeal and revision: -The High
Court may exercise, so far as may be applicable, all the powers conferred by
Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974), 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.
36-C. Application of Code to proceedings before
Special Court: -Save as otherwise provided in this
Act, the provisions of the Code of Criminal Procedure, 1973 (2 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 Sessions and the person conducting a
prosecution before a ‘Special Court’ shall be deemed to be a Public Prosecutor.
36-D. Transitional Provisions-
(l) Any offence committed under this Act on
or after the commencement of the Narcotic Drugs and Psychotropic Substances
(Amendment) Act, 1988, until a Special Court is constituted under Section 36,
shall, notwithstanding anything contained in the Code of Criminal Procedure,
1973 (2 of 1974), be tried by a Court of Sessions:
Provided that offences
punishable under Sections 26, 27 and 32 may be tried summarily.
(2) Nothing in sub-section (1) shall b&
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.]
1[37. Offences to be
cognizable and non-bailable: -
(1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974), -
(a) Every
offence punishable under this Act shall he cognizable;
(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 application, 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 (2 of
1974), or any other law for the time being in force on granting of bail.]
1. Subs. by Act No. 2 of 1989 (w.e.f. 29-5-1989).
(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 subsection 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-
(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.
(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 period.
40. Power
of court to publish names, place of business etc, of certain offenders. -
(1) Where
any person is convicted on any of the offences 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 news papers 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 expired without any appeal having
been preferred, or such appeal, having been preferred, has been disposed of.
(3) The
expenses of any publication under sub-section (1) shall be recoverable from the
convicted person as if it were a fine imposed by the court.
CHAPTER V
PROCEDURE
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, coveyance of 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 Government
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 or by night 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
subsection (2) shall have all the powers of an officer acting under Section
42.
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 department of central excise, narcotics, customs, revenue intelligence
or any other department of the Central Government 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 (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 conveyance which he 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; and
(d) Detain
and search, and, if he thinks proper, arrest any person whom he has reason to
believe to have committed 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 sun set and sun rise 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-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, any
document or other article which he has 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 he 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 to coca plant, opium
poppy and cannabis plant-The provisions of Sections 41, 42 and 43, shall so far as may be, apply
in relation to the offences punishable under Chapter IV and relating to coca
plant, the opium poppy or cannabis plant and for this purpose references in
this 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 not practicable. -Where it is not practicable to seize any goods (including standing crop) which are liable to
confiscation under this Act, any offence daily 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-Every bolder 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 or land
who knowingly neglects to give such information, shall be liable to punishment.
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 comes to Ws 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,
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 1[or
any office 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.
(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 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,
1. Ins. by Act No. 2 of 1989 (w.e.f
29-5-1989).
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 42 or Section 43, he shall, if such person as
requires, take such person without unnecessary delay to the 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 to warrants, arrests, searches
and seizures-The provisions of the Code of Criminal Procedure, 1973 shall apply, in
so far as they are not inconsistent with the provisions of this Act, to all
warrant issued and arrests, searches and seizures made under this Act.
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.
(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 subsection (3) shall, with all convenient despatch, take such
measures as may be necessary for the disposal according to law of such person
or article.
1[52-A. 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 substance, 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 substance or class of narcotic drugs or class of psychotropic
substances which shall, as soon as may be after their seizure, be disposed of
by such officer and in such manner as that Government may, from time to time,
determine after following the procedure hereinafter specified.
(2) Where
any narcotic drugs or psychotropic substances 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 subsection (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 referred 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
purpose of,-
(a) Certifying correctness of
the inventory so prepared; or
(b) Taking,
in the presence of such Magistrate, photographs 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 correctness of any list of samples so drawn.
(3) Where an application is
made under sub-section (2), the Magistrate 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
inventory, the photographs of narcotic drugs or psychotropic substances and any
list of samples drawn under sub-section (2) and certified by the Magistrate, as
primary evidence in request of such offence.]
1. Ins. by Act No. 2 of 1989 (w.e.f. 29-5-1989).
(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
Boarder 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 Officer 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-in-charge of a police station for the investigation of offences under
this Act.
1[53-A. Relevance 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 enquiry or proceedings by such officer,
shall be relevant for the purposes 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 statement is dead or cannot be found or is incapable of
giving evidence, or is kept out of the way be 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.]
1.
Ins. by Act No. 2 of 1989
(w.e.f. 29-5-1989)
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 drugs 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 drugs or psychotropic
substance, or any residue left of the materials from which any narcotic drug or
psychotropic substances has been manufactured;
For the possession of which he fails to account satisfactorily
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 sage 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-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.
57. Report
of arrest and seizure. -Whenever any person makes any arrest
or seizures 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. -
(l) Any
person empowered under Section 42 or Section 43 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 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 office shall,
unless he has obtained the express written permission 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.
(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 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 expression “officer” includes any person employed in a
hospital or institution maintained or recognised by the Government or a local
authority under Section 64-A 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 compliant 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 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 drugs or psychotropic substance which is liable to confiscation
under sub-section (1) and the receptacles, packages and covering 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
subsection (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 precaution against
such use.
61. Confiscation
of goods used for concealing illicit drugs or substances- Any goods used for concealing any narcotic
drugs or psychotropic substance, which is liable
to confiscation under this Act, shall 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. -Where any narcotic drugs 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-
(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 or 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, if may at any time direct it to
be sold; and the provision 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.
64. Power to
tender immunity from prosecution. –
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 the 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 or
under any other Central Act, State Act, as the case may be for the time being
in force, on condition of his making a fall 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
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
compled 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.
1[64-A. Immunity from prosecution to addicts
volunteering for treatment: -Any addict, who is not charged with any offence punishable under Section
15 to 25 (both inclusive) or Section 27-A,
who voluntarily seeks to undergo medical treatment for de-toxication or
de-addiction from a hospital or an institution maintained or recognised by
the Government or a local authority and
undergoes such treatment 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 de-toxication or
de-addiction.].
1.
Ins. by Act No. 2 1989 (w.e.f 29-5-1989).
1[65. * * * * * * * *]
1. Omitted
by Act No. 2 of 1989 (w.e.f 29-5-1989).
66. Presumption as to document
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 reasonably 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) In a
case falling under clause (i) also presume, unless the contrary is proved, the
truth of the contents of such document.
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. - 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.
1[CHAPTER V-A
FORFEITURE
OF PROPERY DERIVED FROM, OF USED IN, ILLICIT
TRAFFIC
1 Inserted by Act. No 2 of 1989 (w.e.f 29-5-1989).
(1) The provisions of this
Chapter shall apply only to the persons specified in sub-section (2).
(2) The person referred to in
sub-section (1) are the following namely: -
(a) Every
person who has been convicted of an offence punishable 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 Illicit Traffic in Narcotic Drugs and Psychotropic Substances
Act, 1988 (46 of 1988), or under the Jammu and Kashmir Prevention of Illicit
Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (J &K Act
XXIII of 1988):
Provided that such order of detention has not be en
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 previously 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.
68-B. Definitions. -In this Chapter, unless the
context otherwise requires, -
(a) “Appellate
Tribunal” means the Appellate Tribunal for Forfeited Property constituted under
Section 68-N;
(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 residential 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, partnership firm, or private
company within the meaning of the Companies Act, 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 asset 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 contribution 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 recorded 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 Government authorised by under
Section 68-D;
(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, conversion, disposition or movement
of property by an order issued under Section 68-F:
(f) “Identifying”
includes establishment of proof that the property was derived from, or used in,
the illicit traffic;
(g) “Illegally
acquired property” 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 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 therefore;
(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) or 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.
68-C.
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 accordance 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.
(1) The
Central Government may, by order published in the Official Gazette, authorised
any Collector of Custom’s 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 Government may, by order, direct.
68-E.
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 Chapter
applies has been charged with any offence punishable under this Act, whether
committed in India or outside, proceed to take all steps necessary for tracing
and identifying 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-section (1) in accordance with such
directions or guidelines as the competent authority may make or issue in this
behalf.
68-F. Seizure or
freezing of illegally acquired property-
(1) Where
any officer conducting an inquiry or investigation under Section 68-E 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 proceeding 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 authority within a period of thirty days
of its being made.
Explanation. -For the purposes of this
section, “transfer of property” means any disposition, conveyance, assignment,
settlement, delivery, payment or other alienation of property and, without
limiting 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 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.
68-G.
Management of properties seized or forfeited under this Chapter-
(1) The
Central Government may, by order published in the Official Gazette, appoint as
many of its officers (not below the rank of Joint Secretary to the Government)
as it thinks fit, to perform the functions of an Administrator.
(2) The
Administrator appointed under sub-section (I) shall receive and manage the property
in relation to which an order has been made under sub-section (1) of Section
68-F or under Section 68-I in such manner and subject to such conditions as may
be prescribed.
(3) The
Administrator shall also take such measures, as the Central Government may
direct, to dispose of the property, which is forfeited to the Central
Government.
68-H.
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 information or
material available to it as a result of a report from any officer making an
investigation under Season 68-E 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 this income, earning 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 particulars, 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 sub-section (1) to any person specifies any property as being held
on behalf of such person by any other person, a copy of the notice shall be
served upon such other person.
68-I. Forfeiture of property in certain cases-
(1) The
competent authority may, after considering the explanation, to the show cause
notice issued, under Section 68-H 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 opportunity 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 competent authority or
represent his case before it within a period of thirty days specified in the
show-cause notice, the competent authority may proceed to record 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
show cause notice are illegally acquired properties but is not bale 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
(2).
(3) Where
the competent authority records a finding under this section to the effect that
any property is illegally acquired property, 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, notwithstanding anything contained in the
Companies Act, 1956 or the articles of association of the company, forthwith
register the Central Government as the transferee of such shares.
68-J. Burden of proof: -In any
proceedings under this Chapter, the burden of proving that any property
specified in the notice served under Section 68-H is not illegally acquired
property shall be on the person affected.
68-K. Fine in lieu of forfeiture-
(1) Where
the competent authority makes a declaration that any property stands forfeited
to the Central Government under Section 68-I, and it is a case where 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 sub-section (1), the person affected
shall be given a reasonable 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 68-I and thereupon such property
shall stand released.
68-L.
Procedure in relation to certain trust properties-In the case of any person referred to in
sub-clause (iv) of clause (b) of Section 68-B, if the competent authority, on the basis of the information 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 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 property 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 68-H 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 relation to such author or contributor;
(ii) Any
property acquired by the trust out of any contributions 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.
68-M. Certain transfers to be null and void: -Where after making of an order under
sub-section (1) of Section 68-F or the issue
of a notice under Section 68-H or under Section 68-L, any property referred to
in the said order or notice is transferred by any mode whatsoever such transfer
shall, for the purposes of the proceedings under this Chapter, be ignored and
if such property is subsequently forfeited to the Central Government under
Section 68-I, the, the transfer of such property shall be deemed to be null and
void.
68-N. Constitution of Appellate Tribunal-
(1) The
Central Government may, by notification in the Official Gazette, constitute an
Appellate Tribunal to be called the Appellate Tribunal for Forfeited Property
consisting of a Chairman and such number of other members (being officers of
the Central Government not below the rank of Joint Secretary to the Government)
as the Central Government thinks fit, to be appointed by that Government for
hearing appeals against the order made under Section 68-F, Section 68-1,
sub-section (1) of Section 68-K or Section 68-L.
(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.
(3) The
terms and conditions of service of the Chairman and other members shall be such
as may be prescribed.
(1) Any
person aggrieved by an order of the competent authority made under Section
68-F, Section 68-I, sub-section (1) Section 68-K or Section 68-L may, with
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 filing 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
power 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,
be 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.
68-P.
Notice of order not be invalid for error in description-No notice issued or served, no declaration made, and no order passed, under this Chapter shall be deemed to be
invalid by reason of any error in the description of the property or person
mentioned therein if such property or person is identifiable from the
description mentioned.
68-Q.
Bar of jurisdiction: -No order passed or declaration made under this Chapter 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 or to be taken in pursuance of any power
conferred by or under this Chapter.
68-R.
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 examine 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 witness or documents;
(f) Any
other matter, which may be prescribed.
68-S. 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 Government or a State
Government or a local authority to furnish information in relation to such
person, points or matters as in the opinion of the competent authority will be
useful for, or relevant to, the, purposes of this Chapter.
(2) Every
officer referred to in Section 68-T 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.
68-T. Certain officers to assist Administrator,
competent authority and Appellate Tribunal-For the purposes of any proceedings under this
Chapter, the following officers are
hereby empowered and required to assist the Administrator appointed under
Section 68-G, 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) Officer of the Income-tax
Department;
(e) Officers of enforcement
appointed under the Foreign Exchange Regulation Act, 1973;
(f) Officer of police;
(g) Officer of the Narcotics
Department;
(h) Officers of the Central
Economic Intelligence Bureau;
(i) Officers of the
Directorate of Revenue Intelligence,
(j) Such other officers of
the Central or State Government as are specified by the Central Government in
this behalf by notification in the Official Gazette.
68-U.
Power to take possession-
(l) 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 68-K 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 68-G or to any person duly authorised 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 subsection (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.
68-V.
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
opportunity of being heard.
68-W. Finding under other laws not conclusive
for proceedings under this Chapter-No finding of any officer or authority under any other
law shall be conclusive for the purposes of any proceedings under this Chapter.
68-X. 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 registered 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 provided 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 whom it is intended is known to have last resided or
carried on business or personally worked for gain.
68-Y.
Punishment for acquiring property in relation to which proceedings have
been taken, under this Chapter: -Any person who knowingly acquired, by any mode whatsoever, any property in relation to which proceedings are pending under this
Chapter shall be punishable with imprisonment for a term which may extend to
five years and with fine which may extend to fifty thousand rupees.]
CHAPTER VI
MISCELLANEOUS
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 of 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 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 tot 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) 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. -
(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
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 arrear of land revenue.
(2) When
any person, in compliance with any rule made under this Act, give 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 as public duty within the meaning of Section 74 of the Indian Contract
Act, 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 hint or from his surety (if any) as if it were an arrear of land revenue.
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. -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 the relevant provisions of this
Act to the same post and with the same designation as he was holding
immediately before such commencement.
1[74-A. Powers 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 direction.]
1. Ins.
by Act No. 2 of 1989 (w.e.f. 29-5-1989).
(1) The
Central Government may, be notification in the official Gazette, delegate,
subject to such conditions and limitation 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. -
(1) Subject
to the other provisions of this Act, the Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes
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;
1[(d-a) the manner in. which and the conditions subject
to which properties shall be managed by the Administrator under sub-section (2)
of Section 68-G;
(d-b) the
terms and conditions of service of the Chairman and other members of the
Appellate Tribunal under sub-section (3) of Section 68-N;
(d-c) 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.
(d-d) the
powers of a civil court that may be exercised by the competent authority and
the Appellate Tribunal under clause (f) of Section 68-R;
(d-e) the
disposal of all articles or things confiscated under this Act;
(d-f) the
drawing of samples and testing and analysis of such samples;
(d-g) 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 nonmember 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 No. 2 of 1989 (w.e.f. 29-5-1989).
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 (ix) 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 session 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. -
(1) Subject
to the other provisions of this Act, the State Government may, by notification
in the Official Gazette, make rules for carrying out the purposes 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 other under sub-section (1) of Section 71;
(b) The
establishment, appointment, maintenance, management, superintendence of centres
established under sub-section (1) of section 71 and appointment, training,
powers and duties of persons employed in such centres;
(c) Any
other matter which is to be, or may be prescribed.s
(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. -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 and the
provisions of the 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. -The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of,
the Drugs and Cosmetics Act, 1940 or the rules made thereunder.
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. - The Opium Act, 1875, the Opium Act, 1878 and the Dangerous Drugs Act
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. –
(1) If any
difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order published in the Official Gazette, make such
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 of 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 House of Parliament.
THE SCHEDULE
[See
Clause (xxiii) of Section 2]
List
of Psychotropic Substances
|
Sl.
No. |
International
non-proprietary names |
Other
non-proprietary names |
Chemical
name |
|||||
|
(1) |
(2) |
(3) |
(4) |
|||||
|
1. 2. 3. 4. 5. 6. 7. 8. 9.
10. 11. 12. |
(+)-
LYSERGIDE ETICYCLIDINE ROLICYCLIDINE PSILOGYBINE TENOCYCLIDINE |
DET DMHP DMT. LSD,
LSD-25 Mescaline Parahexyl PEC PHP,
PCPY Psilocine,
psilotsin STP,
DOM TCP |
N,
N-Diethyltryptamine 3-(1,2-Diemethylhepethyl)-droxo-7,
8, 9, 10-tetrahydro-6, 6, 9-trimethyl-6H-dibenzo [b, d] ptran. N,
N-Dimethyltryptmine (+)-N,
N-Diethyllyscrgamide (dlyscrgic acid dictrymide) 3,
4, 5-Trimethoxyphenethylamine 3-Hexyl-1-hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethly-6H-dibenzo
[b, d] pyran N-Ethyl-1-pheycyclohex-ylamine 1-(1-Phencyclohexyl)
pyrrolidine 3-(2-Dimethylaminoethyl)-4-hydroxynidole 3-(2-Dimethylmonoethyl)-indol
4-yl dihydrogen phosphate 2-Amino-1-(2,
5-dimethoxy, 4-methyl) phenylopropane 1-[1-(2-Thienyl)
cyclohexyl] piperidine |
|||||
|
1[13
tetrahydrocannabional, the following isomers and their stereochemical
variants: |
||||||||
|
|
||||||||
|
|
7,
8, 9, 10-tetrahyfro-6,6,9-trimethyl-3-pentyl-6H-dibenzol [b, d] pyran-1-O1. |
|||||||
|
|
(9R,
10aR)-8,9,10,10a-tetrahydro 6,6,9-trimethyl-3-penyl-6H-dibenzo [b,d]
pyran-1-O1 |
|||||||
|
|
(6aR,
9R10aR)-6a,9,10,10a-tetrahydro-6,6,9-trimethyl1-3-penty 1-6H-debenzo [b,d]
pyran-1 O1 |
|||||||
|
|
(6aR,
10aR)-6a 7,10,10a-tetrahydro-6,6,9-trimethyl1-3-pentyl 6H-debenzo [b,d]
pyran-1 O1 |
|||||||
|
|
6a,
7,8,9-tetrahydro-6,6,9-trimethyl-3-pentyl-6H-dibenzo [b,d] pyran-1-O1 |
|||||||
|
|
(6aR,
10aR)-6a,7,8,9,10,10a-hexahylene-3-pentyl-6H-dibenzo [b,d] pyran-1-O1] |
|||||||
|
14. |
|
DOB |
2,
5-dimethoxy-4-bromoam-phetamine |
|||||
|
15. |
|
MDA |
3,4-methylenedioxyamphetamine |
|||||
|
16.
|
AMPHETAMINE |
|
(+/-)-2-Amino-1-phenylpropane |
|||||
|
17. |
DEXAMPHETAMINE |
|
(+)-2-Amino-1-phenylpropane |
|||||
|
18. |
MECLOQUALONE |
|
3-(0-Chorophenyl)-2-methyl-4(3H)-quinazolinone |
|||||
|
19. |
METHAMPHETAMINE |
|
(+)-2-Methylamino-1-phenypropane |
|||||
|
20. |
METHAQUALONE |
|
2-Methyl-3-o-tolyl-4
(3H)-quinazolinone |
|||||
|
21. |
METHYLPHENIDAT'E |
|
2-Phenyl-2
(2-piperidyl) acid, methyl ester |
|||||
|
22. |
PHENCYCLIDINE |
PCP |
1
-(1 -Phenylcyclohexyl) piperidine |
|||||
|
23. |
PHENMETRAZINE |
|
3-Methyl-2-phenylmorpholine |
|||||
|
24. |
AMOBARBITAL |
|
5-Ethyl-5(3-methylbutyl)
bar bituric
acid |
|||||
|
25. |
CYCLOBARBITAL |
|
5-(l-Cyclohexen-1-yl)-5-et-hyl
bar-bituric acid |
|||||
|
26. |
GLUTETHIMIDE |
|
2-Ethyl-2-phenylglutarimide |
|||||
|
27. |
PENTAZOCINE |
|
1,2,3,4,5,
6-Hexahydro-6, 11- dimethyl-3-(3-methyl-2-butenyl)-2, 6-methano-3-benzazocin-8-cl |
|||||
|
28. |
PENTOBARBITAL |
|
5-Ethyl-5(1-methylbutyl)
barbituric acid |
|||||
|
29. |
SECOBARBITAL |
|
5-Allyl-5-(1-methylbutyl)
bar- bituric
acid |
|||||
|
30. |
ALPROZOLAM |
|
8-Chloro-i-methyl-6-Phenyl-4H-s-triazolo
[4, 3.al [1,41 benzodia zepine |
|||||
|
31. |
AMFEPRAMONE |
|
2-(Diethylamono) propio-henone |
|||||
|
32. |
BARBITAL |
|
5,
5-Diethylbarbituric acid |
|||||
|
33. |
BENZPHETAMINE |
|
N-Benz,yl-N, a-dimethyl- Phenethylamine |
|||||
|
34. |
BROMAZEPAM |
|
7-Bromo-1, 3-dihydro-5-(2-pyridyl)-2H-1, 4-benzodiazepin-2-one |
|||||
|
35. |
CAMAZEPAM |
|
7-Chloro-1,
3-dihydor-3-hydroxy- 1-methyl-5-phenyl-2H-J, 4- ben-zodiazepin-2-one dimethyl- carbamate (ester) |
|||||
|
36. |
CHLORDIAZEPOXIDE |
|
7-Chloro-2-(methylan-dno)-5- phenyl-3H-1,
4-benzodia-zepine-4-oxide |
|||||
|
37. |
CLOBAZAM |
|
7-Chloro-l-methyl-5-phenyl-IH-1,5-benzodiazepine-2,
4(3H, 5H)-dione |
|||||
|
38. |
GLOBAZAM |
|
5-(o-Chlorophenyl)-1,
3-dihydro-7-intro-2H-1, 4-ben- zodiazepin-2-one |
|||||
|
39. |
CLORAZEPATE |
|
7-Chloro-2,
3-dihydro-2-oxo-5-phenyl-IH, 4-enzodiazepine-3-carboxylic acid |
|||||
|
40. |
CLOTIAZEPAM |
|
5-(o-Chlorophenyl)-7-ethyl-1,
3-dihydor-l-methyl-2H-thieno [2,3-c]-1, 4-diazepin-2-one |
|||||
|
41. |
CLOXAZOLAM |
|
10-Chloro-1
lb-(o-chlorophenyl)-2, 3, 7, 1 lb-tetrahydro-oxazolo-[3, 2d] [1,4]
benzo-diazepin-6 (5H)-one |
|||||
|
42. |
DELOPAZEPAM |
|
7-Chloro-5-(o-chlorophenyl)-3,
3 dihydro-2H-1, 4-benozodiazepin-2-one |
|||||
|
43. |
DIAZEPAM |
|
7-Chloro-,I,
3-dihydro-I.-methyl-5-phenyl-2H-1, 4-benzodiazepiii-2-one |
|||||
|
44. |
ESTAZOLAM |
|
8-Chloro-6
phenyl-4H-s-triazolo [4,3-al [1,4] benzodiazepin |
|||||
|
45. |
ETHGHLORVYNOL |
|
Edryl-l-chlorovinylethyny-carbinol |
|||||
|
46. |
ETHINAMATE |
|
I
-Ethynylcyclohexanol carbamate |
|||||
|
47. |
ETHYLLOFLAZEPAT'E |
|
Ethyl
7-chloro-5-(o-fluoro-phenyl)- 2, 3-dihydro-2-oxol H-1,
4-hen-zociazepine-3-carboxylate |
|||||
|
48. |
FLUDIAZEPAM |
|
7-Chloro-5-(o-fluorophenyl)-1,
3dihydro-l-methyl-2H-1, 4, benzodiazepin-2-one |
|||||
|
49. |
FLUNITRAZEPAM |
|
5-(o-Flurophenyl)-1,
3-dihydro-lmethyl-7-nitroi-2H-1, 4- benzodiazepin-2-one |
|||||
|
50. |
FLURAZEPAM |
|
7-Chloro-l-[2-(diethylamino)
ethyl]-5-(o-fluorophenyl)-I, 3dihydro-2H-1,4-benzdiazepin-2one |
|||||
|
51. |
HALAZEPAM |
|
7-Chloro-1, 3-dihydro-5-phenyl-l(2, 2-trifluoroethyl)-2H-1,
4-benzochiazepin-2-one |
|||||
|
52. |
HALOXAZOLAM |
|
10-Bromo- 11 b-(o-fluorophenyl)-2, 3, 7, 11
b-tetrahydroxazolo [3, 2-d] [1, 4]-benzodia-zepin-6 (5H)-one |
|||||
|
53. |
KETAZOLAM |
SPA |
11-Chloro-8,
12b-dihydro-2, 8dimethyl-12b-phenyl-4H-[1,3]oxazino-[3, 2-d] [1, 4]
benzodiazepine-4, 7 (6H)-di-one |
|||||
|
54. |
LEFETAMINE |
|
(-)-l-Dimethylamino-1,
2diphenylethane |
|||||
|
55. |
LOPRAZOLAM |
|
6-(o-Chlorophenyl)-2,
4-dinydro-24 [(4-methyl- I -piperazinyl) methylene]-8-nitro IH-imidazo [1,
2-a] [1 4] henzodiazepin-l-one |
|||||
|
56.
|
LORAZEPAM |
|
7-Chloro-5-(o-Chlorophenyl)-1,
3-dihydro-droxy-2H-1, 4-benzodiazepin-2-one |
|||||
|
57. |
LORMETAZEPAM |
|
7-Chloro-5-(o-hlorophenyl)-I, 3-dihydro-3-hydroxy-l-methyl-2H-1,4-enzodiazepin-2-one |
|
||||
|
58. |
MAZINDOL |
|
5-(p.
Chlorophenyl)-2, 5-dihydro-3H-imidazo [2, I-x] isoindol-5-ol |
|
||||
|
59. |
MEDAZEPAM |
|
7-Chloro-2, 3-dihydro-l-methyl-5-phenyl-IH-1, 4-
benzodiazepine |
|
||||
|
60. |
MEPROBAMATE |
|
2-Methyl-2-propyl-1-3-pro-pane-diol olicarbamate |
|
||||
|
61. |
METHYLPHENO
BARBITAL |
|
5-Ethyl--Irmethyl-5 phenyl-bar-bituric acid |
|
||||
|
62. |
METHYPRYLON |
|
3, 3-Diethyl-5-methyl-2, 4-piperodime-dione |
|
||||
|
63. |
NIMETAZEPAM |
|
1, 3-Dihydro-l-methyl-7-nitro-5-phenyl-2H-1,
4-benzodiazepin-2-one |
|
||||
|
64. |
NITRAZEPAM |
|
1, 3-Dihydro-l-Methyl-7-nitro-5-phenyl-2H-1,
4-benzodiazepin-2-one |
|
||||
|
65. |
NORDAZEPAM |
|
7-Chloro-1, 3-dihydro-5-phenyl-1(2H)-l,
4-benzodiazepin-2-one |
|
||||
|
66. |
OXAZEPAM |
|
7-Chloro-1, 3-dihydro-3-hydroxy-5-henyl-2H-1,
4-benzodiazepin-2-one |
|
||||
|
67. |
OXAZOLAM |
|
10-Chloro 2, 3, 7,
11b-tetrahydro2-methyl-11b-phenyl-oxazolo [3,2d] [1,4] benzodiazepin-6
(5H)-one |
|
||||
|
68. |
PHENDIMETRAZINE |
|
(+)-3,
4-Dimethyl-2-phenyl-morpholine |
|
||||
|
69. |
PHENOBARBITAL |
|
5-Ethyl-5-phenylbarbituric
acid |
|
||||
|
70 |
PHENTERMINE |
|
(a,a-Dimethylphenethylaniine |
|
||||
|
71. |
PINAZEPAM |
|
7-Chloro-1, 3-dihydro-5-phenyl-(2-propynyl)-2H-1,
4- benzodiazepin-2-one |
|
||||
|
72. |
PIPRADROL |
|
1, 1-Diyhenyl-l-(2-piperidyl)-methanol. |
|
||||
|
73. |
PRAZEPAM |
|
7-Chloro-l-(cyclopropylmethyl)-1,
-3-dihydro-5-phenyl-2H-1, 4-ben-zodiazepin-2-one |
|
||||
|
74. |
TEMAZEPAM |
|
7-Chlorol,
3-dihydro-3-hydroxyl-l-methyl-5-phenyl-2H-1, 4-ben-zodiazepin-2-one |
|
||||
|
75. |
TETRAZEPAM |
|
7-Chloro-5-(cycloexen-1-yl)-I,
3-dihydro-l-methyl-2H-1, 4-benzodiazepin-2-one |
|
||||
|
76. |
TRIAZOLAM |
|
8-Chloro-6-(o-chlorophenyl)-l-methyl-4H-3-triazolo
[4, 3-al [1, 4] benzodiazepine. |
|
||||
|
2[77. |
CATHINONE |
|
(-) (S)-2 aminopropio |
|
||||
|
78. |
|
DMA |
(±) 2,
5-dimethoxy-a-methyl phenethylamine |
|
||||
|
79. |
|
DOET |
(±)-4-ethyl-2,
5-dimethoxya- phenethylamine |
|
||||
|
80. |
|
MDMA |
(±)-N, a-dimethyl-3, 4- (methylenedioxy)
pehne-diylamine |
|
||||
|
|
|
|
|
|
||||
|
81. |
|
4-ethylaminorex |
(±)-cis-2-amino-4-me-thyla-pheny 1-2-oxazo-line |
|
||||
|
82. |
|
MMDA |
2-methozy-a-methly-4,
5-(meth-lyenedioxy) phenethyalamine |
|
||||
|
83 |
|
N-ethyl
MDA |
(±) N-ethyl-a-methyl-3,
4-(methyl-enedioxy) phyenethylamine |
|
||||
|
84 |
|
N-hydroxy MDA |
(±)-N-la-methyl-3,
4-(methylene- dioxy) phenethyll hydroxylamine |
|
||||
|
85 |
|
PMA |
p-methoxy-a-methylphenethylamine |
|
||||
|
86 |
|
TMA
|
(±)-3, 4, 5;
trimethodxya-methyl-phenethylamine |
|
||||
|
87. |
|
FENETYLLINE |
7-[2-(a-methylphenethyl)
amino] |
|
||||
|
88. |
LEVAMFETAMINE |
levomethamine |
(-).(R)-a-methylphenethylamine |
|
||||
|
89. |
|
levomethamphet
amine |
(-).N, a-dimethylphenethylarniiie |
|
||||
|
90. |
METAMFETAMINE
RACEMATE |
methamphetamine
racemate |
(±)G-a-dimethylplenethylwnine |
|
||||
|
91. |
|
delta-9-***-tetra hydrocamabinol
and its stereo- chemical
various |
(6a-R, lOaR)-6a, 7, 8, 10a tetrahydro-6, 6,
9-trimethyl-3-pen-tyl-6H-dibenzo [b, d] pyran-l-O1. |
|
||||
|
92. |
BUPRENORPHINE |
|
21-cyclopropyl-7-af(S)-l-hydroxy-1,
2, 2-trimethyl-propyll-6, 14-endo. ethano-6,7,8, 14-tetrahydro-endo,
ethno-6,7,8, 14-tetrahydro-oripavine. |
|
||||
|
93. |
BUTALBITAL |
(+),
norpseudo-ephedrine |
5-ally-5-isobutylbarbituric
acid |
|
||||
|
94. |
CATHINE |
|
(+)-(R)-a-[(R)-lamnioethyll
benzyl alcohol |
|
||||
|
95. |
ATLOBARBITAL |
|
5,
5-dallybarbituric acid |
|
||||
|
96. |
ETILAMFETAMINE |
|
N-ethyl-armethylpienethylamine |
|
||||
|
97. |
FENCAMFAMIN |
|
N-ethyl-3-phenyl-2-norbornan-amine |
|
||||
|
98. |
FENPROPRPEX |
|
(±)-3-[(a-methylphenety)
amillol propionitrile |
|
||||
|
99. |
MEFENOREX |
|
N-(3-chloropropyl)-a-methyl- phenethylamine |
|
||||
|
100. |
MIDAZOLAM |
|
8-chloro-6-a-(o-fluorophenyl)-.1- methyl-4H-imidazol |
|
||||
|
101. |
PEMOLINE |
|
2-amino-5-phenyl-2-oxazoliti-4-oXzoli ne(=2-imino-5-phenyl
4-oxa dinone) |
|
||||
|
102. |
PYROVALERONE |
rutobarbital |
4-methyl-2-(l-pyrrolidinyl)
valero-phenone |
|
||||
|
103. |
SECBUTABARBITAL |
|
6-sec-butyl-5-ethylbarbituric
acid |
|
||||
|
104. |
VINYLBITAL |
|
5-(I-methylbutyl)-5-vinyl-bar-bituric acid |
|
||||
|
105. |
|
|
5-butyl-5-ethylBarbituric
acid |
|
||||
|
3[106 |
SALTS AND PREPARATIONS OF ABOVE. |
|
|
|
||||
1. Subs.
By S.O.785 (3), dated 26th October 1992.
2.
Entries 77 to 105, added by S.O 785 (E), dated 26th October, 1992.
3. Renumbered
by S.O. 785 (E), dated 26th October, 1992 for entry.