The narcotic drugs and psychotropic substances act 1985 (Bare Act)/ Universal Law Publishing

THE NARCOTIC DRUGS AND PSYCHOTROPiC SUBSTANCES ACT, 1985
Introduction 1
CHAPTER I
PRELIMINARY
Sections
1. Short title, extent and commencement 3
2. Definitions 3 3. Power to add to or omit from the list of psychotropic substances . ' 8
CHAPTER II
AUTHORITIES AND OFFICERS 4. Central Government to take measures fbr preventing and combating abuse of and illicit traffic in narcotic drugs, etc. . . 9
5. Officers of Central Government . 10 6. The Narcotic Drugs and Psychotropic Substances Consultative Committee . - 10
7. Officers of State Government . 10
CHAPTER IIA
NATIONAL FUND FOR CONTROL OF DRUG ABUSE 7A. National Fund for Control of Drug Abuse . 11 7B. Annual report of activities financed under the fund . 11
CHAPTER III
PROHIBITION, CONTROL AND REGULATION 8. Prohibition of certain operations . 11 8A. Prohibition of certain activities relating to property derived
from offence . 12 9. Power of Central Government to permit, control and regulate 13 9A. Power to control and regulate controlled substances . 14 10. Power of State Government to permit, control and regulate J5 11. Narcotic drugs and psychotropic substances, etc., not liable
to distress or attachment . 16 12. Restrictions over external dealings in narcotic drugs and psychotropic substances . . . 16 13. Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent . 16 14. Special provision relating to cannabis . 16 CHAPTER IV
OFFENCES AND PENALTIES 15. Punishment for contravention in^relation to poppy straw 16 16. Punishment for contravention in relation to coca plant
and coca leaves . 17
17. Punishment for contravention 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 carmabis 21. Punishment for contravention in relation to manufactured drugs and preparations 22. Punishment for contravention in relation to psychotropic substances 23. Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances 24. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12 25. Punishment for allowing premises, etc., to be used for commission of an offence 25A. Punishment for contravention of orders made under section 9A . 26. Punishment for certain acts by licensee or his servants . 27. Punishment for consumption of any narcotic drug or psychotropic substance 27A. Puni.shment 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 offences after previous conviction 31a" Death penalty for certain offences after previous conviction 32. Punishment for offence for which no punishment is provided 32A. No suspension, remission or commutation m any sentence awarded under this Act 32B. Factors to be taken into account for imposing higher than the minimum punishment 33. Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958 34. Security for abstaining from commission of offence 35. Presumption of culpable mental state 36. Constitution of Special Courts 36A. Offences triable by Special Courts 36B. Appeal and revision 36C. Application of Code to proceedings before a Special Court 36D. Transitional provisions 37 Offences to be cognizable and non-bailable • , 38. Offences by companies • 39 Power of court to release certain offenders on probation. 40. Power of court to publish names, place of business, etc., of certain offenders
CHAPTER V
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 place 44. Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant
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 49. Power to stop and search conveyance 50. Conditions under which search of persoirs shall be conducted
50A. Power to under take controlled delivery
51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures
52. Disposal of persons arrested and articles seized
52A. Disposal of seized narcotic drugs and psychotropic substances .
53. Power to invest officers of certain departments with powers of an officer-in-charge of a police station
53A. Relevancy 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 64A. Immunity from prosecution to addicts volunteering for treatment
65. [Repealed] 66. Presumption as to documente in certain cases
67. Power to call for information, etc.
68. Information as to commission of offences
CHAPTER VA
FORFEITURE OF PROPERTY DERIVED FROM,
OR USED IN ILLICIT TRAFFIC
68A. Application
68B. Definitions
68C. Prohibition of holding illegally acquired property
68D. Competent authority 68E.- Identifying illegally acquired property 68F. Seizure or freezing of illegally acquired property 68G. Management of properties seized or forfeited under this Chapter 68H. Notice of forfeiture of property
68-1. Forfeiture of property in certain cases
68J. Burden of proof
68K. Fine in lieu of forfeiture
68L. Procedure in relation to certriin trust properties
68M. Certain transfers to be null and void 68N. Constitution of Appellate Tribunal 68-0. Appeals 68P. Notice or order not to be invalid for error in description 68Q. Bar of jurisdiction 68R. Competent Authority and Appellate Tribunal to have powers of civil court
68S. Information to competent authority 68T. Certain officers to assist Administrator, competent authority and Appellate Tribunal
68U. Power to take possession 68V. Rectification of mistakes 68W. Findings under other laws not conclusive for proceedings under this Chapter
68X. Service of notices and orders 68Y. Punishment for acquiring property in relation to which proceedings have been taken, under this Chapter
68Z. Release of property in certain cases CHAPTER VI miscellaneous
69. Protection of action taken in good faith 70. Central Government and State Government to have regard to international conventions while making rules 71. Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drugs and psychotropic substances 72_ Recovery of sums due to Government
73. Bar of jurisdiction
1
Sections
74. Transitional provisions 74A. Power of Central Government to give directions
75. Power to delegate
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 82. Repeal and savings
83. Power to remove difficulties THE SCHEDULE—List of Psychotropic Substances
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES, 1985
CHAPTER 1
PRELIMINARY
Rules
1. Short title and commencement
2. Definitions
CHAPTER II
POWERS OF OFFICERS
3. Delegation of powers 4. Narcotics Commissioner and other officers to exercise the powers
of their subordinates
CHAPTER in
OPIUM POPPY CULTIVATION AND PRODUCTION OF
OPIUM AND POPPY STRAW
5. Opium poppy cultivation and production of opium or poppy straw
6. Fee for grant of licence 7. Form of licence for cultivation of the opium poppy
8. Issue of licence 9. Licence to specify the area, etc. 10. Designating of Lambardar 11. Withholding or cancellation of licence
12. Procedure with regard to measurement of land cultivated with opium poppy
13. Procedure with regard to preliminary weighment . • 14. Delivery of opium produced 15. Opium to be weighed, examined and classified 16. Procedure where cultivator is dissatisfied with classification of opium
17. Procedure for sending opium suspected to be adulterated 65 18. Drawing of samples from opium sent to Government Opium Factory under rule 16 or rule 17 • 65 19. Fixation of price of opium • 65 20. Provisional payment of price • 65 21. Weighment and examination of the opium at the Government Opium Factory • 22. Confiscation of adulterated opium - 65 23. Adjudication of confiscation of adulterated opium . 65 24. Determination of final price of opium • 66 25. Adjustment of cultivators' account and recovery of dues from the cultivators 26. Weights and scales 27. Cultivation of opium poppy for exclusive production of poppy straw 28. Appeals to the Deputy Narcotics Commissioner and Narcotics Commissioner 29. Appeals to the Chief Controller of Factories 30. Procedure for appeal CHAPTER IV MANUFACTURE, SALE AND EXPORT OF OPIUM
31. Manufacture of opium 32. Export of opium 33. Sale to State Governments or manufacturing chemists 34 Fixation of sales price of opium CHAPTER V MANUFACTURED DRUGS , , . • 68 35. General prohibition 36. Manufacture of natural manufactured drugs 37. Manufacture of synthetic manufactured drugs 38. Application for licence 39. Conditions for issue of licences „ , 69 40. Manufacture only from materials lawfully possessed 41. Limits of manufacture
42 Security arrangements , ' , vn 43! Advance notice for commencement and cessation of manufacture . 44. Cessation of manufacture • 45. Possession, sale and distribution ^g 46. Maintenance of accounts and submission of returns 47. Inspection of stocks, etc. yg 48. Suspension and revocation of licence ^g 49. Appeal 71 50. Procedure for appeal 51. Surrender of licence , t 71 52. Disposal of stocks of drugs on cancellation of licence, etc.

CHAPTER VI
IMPORT, EXPORT AND TRANSHIPMENT OF NARCOTIC DRUGS
AND PSYCHOTROPIC SUBSTANCES 53. General prohibition
53A. 54. Import of opium, etc. 55. Application for import certificate 56. Issue of import certificate
57. Transit 58. Application for export authorisation 59. Issue of export authorisation 60. Transhipment 61. Procedure for transhipment 62. Diversion of consignment 63. Prohibition of import and export of consigrunents through a post office box, etc.
CHAPTER VII
PSYCHOTROPIC SUBSTANCES 64. General prohibition 65. Manufacture of psychotropic substances 66. Possession, etc., of psychotropic substances 67. Transport of psychotropic substance
CHAPTER VIIA SPECIAL PROVISIONS REGARDING MANUFACTURE, POSSESSION, TRANSPORT, IMPORT-EXPORT, PURCHASE AND CONSUMPTION
OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
FOR MEDICAL, SCIENTIFIC AND TRAINING PURPOSES
67A.
67B.
67C.
CHAPTER VIII
MISCELLANEOUS
68. Repeal and savings SCHEDULE I.— [Prohibition of export and import, manufacture, possession, transportation, inter-state export, selling, purchasing, consuming and using of psychotropic substancesSee rules 53 and 64] . . . SCHEDULE II.— [Prohibition of export of narcotic drugs or psychotropic substances or preparation thereof to the countries or regions—See rule 53A] SCHEDULE III.—Grant of licence for manufacture of psychotropic substances for export only . . FORM NO. 1.— Licence to Grow Opium Poppy for Production of Opium or Poppy Straw . * . FORM NO. 2.— Application for Grant of Licence for Opium Poppy Cultivation for Production of Opium of Poppy Straw FORM NO. 3.— Licence for Manufacture of Manufactured Drugs
I
FORM NO.4.—
FORM NO.5.—
FORM NO.6.—
FORM NO.7.—
FORM NO.8.—
FORM NO.9.—
[Transport of psychotropic substances—See rule 67]. [Records concerning the acquisition of the substance am the details of their use—See rules 35, 53, 64 and 67A]
Narcotic Drugs or Psychotropic Substances Annual Report to the Chief Controller of Factories on Receipt, Consumption and Balance of Samples of Narcotic Drugs or Psychotropic Substances
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AUTHENTICATION OF DOCUMENTS) RULES, 1992 1. Short title and commencement • • " • 2. Authority for authentication and the manner of authentication of documents
I
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (REGULATION OF CONTROLLED SUBSTANCES) ORDER, 1993
Paragraph 1. Short title and commencement
2. Definitions 3. Manufacture, distribution, sale, imports, exports and consumphon of controlled substance 4. Transport of controlled substance 5. Selling of controlled substance 6. Labelling of consignments for export or import 7. Filing of returns form 1.—Register of Manufacture of Controlled Substances form 2.—Register of Consumption, Sale, Import or Export of Controlled Substance form 3.—Consignment Note form 4.—Quarterly Return of Manufacture of Controlled Substance form 5.—Quarterly Return of Receipt, Import, Sale, Consumption or Export of Controlled Substance form 6.—Quarterly Report on Transport of Controlled Substance to a Consignee Outside the Zone of a Consignor
THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988
Sections
Introduction 1. Short title, extent and commencement
2. Definitions
3. Power to make orders detaining certain persons
4. Execution of detention orders 5. Power to regulate place and conditions of detention
6. Grounds of detention severable 7. Detention orders not to be invalid or inoperative on certain grounds 8. Powers in relation to absconding persons 9. Advisory Boards 10. Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board . . . 11. Maximum period of detention
12. Revocation of detention orders 13. Temporary release of persons detained 14. Protection of action taken in good faith
15. Amendment of Act 52 of 1974 16. Repeal and saving
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (EXECUTION OF BOND BY CONVICTS OR ADDICTS) RULES, 1985
Rules
1. Short title and commencement
2. Form of bond to be executed under section 34
3. Forms of bonds to be executed under section 39
FORM I.— Bond to Abstain from Commission of any Offence under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act, 1985 FORM II.— Bond to appear before the Court after Medical Treatment for De-toxification/De-addiction and to Abstain from Commission of any Offence under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act, 1985 FORM IIL—Bond to Abstain from the Commission of any Offence under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act, 1985 for a period to be specified by the Court and on Failure so to Abstain, to appear before the Court and receive sentence when called upon during such period
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES CONSULTATIVE COMMIHEE RULES, 1988
CHAPTER I
PRELIMINARY
1. Short title and commencement . . .
2. Definitions
CHAPTER II
GENERAL RULES 3. Appointment of Committee
4. Term of Office of Committee 5. Resignation from Committee
6. Chairman of the Committee
7. Quorum in the Committee 8. Sittings of the Committee 9. Venue of sittings 10. Discharge of members absent from sittings of Committee 11. Filling of vacancies in the Committee
12. Decisions in the Committee 13. Casting vote of Chairman
CHAPTER III
RULE OF PROCEDURE AND CONDUCT OF BUSINESS 14. Power to appdmt Sub-Committee 15. Strangers to withdraw when Committee deliberates 16. Adoption of the Agenda and consideration of representations 17. Preparation of Agenda
18. Record of decisions 19. Report of Sub-Committee 20. Special Report 21. Report 22. Power to make suggestions on procedure 23. Power of Chairman to give direction
24. Unfinished work of Committee
CHAPTER IV REGULATION OF ALLOWANCE FOR MEETINGS 25. Reg^ulation of travelling allowance and daily allowance for Members of
Parliament 26. Payment of daily allowance to Members of Parliament .
THE ILLEGALLY ACQUIRED PROPERTY (RECEIPT, ^ MANAGEMENT AND DISPOSAL) RULES, 1989
CHAPTER I
PRELIMINARY
1. Short title and commencement
2. Definitions
CHAPTER II
ASSISTANCE TO THE ADMINISTRATORS
3. Assistance to the Administrators < CHAPTER III DESIGNATION OF GODOWNS, RECEIPT AND MANAGEMENT OF PROPERTY
4. Designation of godowns
5. Proper accounting of properties 6. Godown register 7. Godown register for valuables 8. Storage of property 9. Management of land and building 10. Occupation of land or building 11. Record of land or building 12. Storage of property other than valuables
13. Placement of stock-cards 14. Opening and re-sealing of the packages 15. Maintenance of seized/confiscated conveyances
CHAPTER IV
DISPOSAL OF PROPERTY 16. Disposal of livestocks, perishables, etc. 17. Disposal of valuables 18. Disposal of currency 19. Disposal of the property 20. Disposal of land or building 21. Disposal of conveyances 22. Furnishing reports and returns
CHAPTER V
MISCELLANEOUS
23. Periodical Reports 24. Periodical inspection 25. Record of receipt and disposal FORM I.—Godown Register FORM II.—Godown Register for Valuable FORM III.—Record for Land and Building
THE APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (PROCEDURE) RULES, 1989
1. Short title and commencement
2. Definitions 3. Language of the Tribunal 4. Headquarters of the Tribunal, etc. 5. Procedure for filing appeals and petitions 6. Procedure for registration of appeals 7. Procedure after registration of appeal 8. Joint hearing and disposal of appeals 9. Grounds which may be taken in appeal 10. Adjournment 11. Dismissal of appeal for appellant's default 12. Effect of death, insolvency, etc., on appeal 13. Remand of case by the Tribunal
14. Production of additional evidence before the Tribunal
15. Hearing of appeals
16. Pronouncement of order 17. Order to be communicated to parties 18. Signing of orders 19. Publication of orders 20. Orders and directions in certain cases FORM.—Memorandum of Appeal
THE APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (CONDITIONS OF SERVICE OF CHAIRMAN AND MEMBERS) RULES, 1989
1. Short title and commencement
2. Definitions 3. Remuneration, allowances, etc., of the Chairman 4. Remuneration, allowances, etc., of members 5. Retirement during the term of member 6. Travelling allowances
- 7. Leave
8. Vacation
9. Accommodation
10. Medical attendance
11. Tenure 11 A. Contributions of General Provident Fund and Contributory Provident Fimd
12. Oath of office 13 Terms and conditions of service of Chairman and members who ■ are Chairman and member of the Appellate Tribunal for Forfeited Property constituted under SAFEMFOPA
14. Saving 15. Interpretation form.—Oath of Office
THE APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (FEES) RULES, 1989,
1. Short title and commencement > 2 Scale of fees for inspection of records and registers of the Appellate Tribunal • 3. Scale of fees for obtaining certified copies of records and registers of the Appellate Tribunal
4. Saving
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NATIONAL FUND FOR CONTROL OF DRUG ABUSE) RULES, 2006
Rules
1. Short title and conunencement
2. Definitions 3. Procedure for remittance of grant to the Fund 4. Receipt of money 5. Procedure for grant of money from the Fund 6. Grant of money from the Fund
7. Communication of sanctions
8. Accounts and audit 9. Publication of annual report and statement of accounts . 10. Application of the provisions of General Financial Rules, 2005 FORM A.—Form for Application for grant from the National Fund for Control of Drug abuse — - FORM B.—Format for Annual Returns to be submitted by the Applicant receiving payment out of the National Fund for Control of Drug Abuse ANNEXURE I.—Accounting Procedure for the "National Fund for Control of Drug Abuse"
NOTIFICATIONS
APPLICATION OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001 TO THE PENDING CASES
NOTIFICATION SPECIFYING SMALL QUANTITY AND
COMMERCIAL QUANTITY
GENERAL CONDITIONS FOR GRANT OF LICENCE FOR
CULTIVATION OF OPIUM POPPY
disposal of seized narcotic DRUGS i^^ND PSYCHOTROPIC SUBSTANCES