Narcotic Drugs and Psychotropic Substances Act, 1985

[Act No. 61 of 1985 dated 16th. September, 1985]

Contents
Sections	Particulars
Chapter I	Preliminary
1	Short title, extent and commencement
2	Definitions
3	Power to add to or omit from the list of psychotropic substances
Chapter II	Authorities And Officers
4	Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc
5	Officers of Central Government
6	The Narcotic Drugs and Psychotropic Substances Consultative Committee
7	Officers of State Government
Chapter IIA	National Fund For Control Of Drug Abuse
7A	National Fund for Control of Drug Abuse
7B	Annual report of activities financed under the Fund
Chapter III	Prohibition, Control And Regulation
8	Prohibition of certain operations
9	Power of Central Government to permit, control and regulate
9A	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
13	Special provisions relating to coca plant and coca leaves for use in the preparation of flavoring agent
14	Special provision relating to cannabis
Chapter IV	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 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
23	Punishment for illegal import into 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 illegal possession in small quantity for personal consumption of any narcotic drug or psychotropic substance or consumption of such drug or substance
27A	Punishment for financing illicit traffic and harboring 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
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 in any sentence awarded under this Act
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 authorization
42	Power of entry, search, seizure and arrest without warrant or authorization
43	Power of seizure and arrest in public places
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 persons shall be conducted
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
66	Presumption as to documents 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-I	Forfeiture of property in certain cases
68J	Burden of proof
68K	Fine in lieu of forfeiture
68L	Procedure in relation to certain trust properties
68M	Certain transfers to be null and void
68N	Constitution of Appellate Tribunal
68-O	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
69	Protection of action taken in good faith
70	Central Government and State Governments to have regard to international conventions while making rules
71	Power of Government to establish centers 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
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
Schedule	List of Psychotropic Substances
	Footnotes

An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances [to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances] and for matters connected therewith.