NDPS ActCentral laws1985
The Narcotic Drugs and Psychotropic Substances Act, 1985
An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances , 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.
Act No. 61 of 1985 · Ministry of Finance
- Sections
- 129
- Chapters
- 8
- Classified offences
- 27
Contents
IIANational Fund for Control of Drug Abuse§ 7A–7B2 sections
IIIProhibition, Control and Regulation§ 8–149 sections
- 8Prohibition of certain operations.
- 8AProhibition of certain activities relating to property derived from offence.
- 9Power of Central Government to permit, control and regulate.
- 9APower to control and regulate controlled substances.
- 10Power of State Government to permit, control and regulate.
- 11Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment.
- 12Restrictions over external dealings in narcotic drugs and psychotropic substances.
- 13Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent.
- 14Special provision relating to cannabis.
IVOffences and Penalties§ 15–4036 sections
- 15Punishment for contravention in relation to poppy straw.
- 16Punishment for contravention in relation to coca plant and coca leaves.
- 17Punishment for contravention in relation to prepared opium.
- 18Punishment for contravention in relation to opium poppy and opium.
- 19Punishment for embezzlement of opium by cultivator.
- 20Punishment for contravention in relation to cannabis plant and cannabis.
- 21Punishment for contravention in relation to manufactured drugs and preparations.
- 22Punishment for contravention in relation to psychotropic substances.
- 23Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances.
- 24Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12.
- 25Punishment for allowing premises, etc., to be used for commission of an offence.
- 25APunishment for contravention of orders made under section 9A.
- 26Punishment for certain acts by licensee or his servants.
- 27Punishment for consumption of any narcotic drug or psychotropic substance.
- 27APunishment for financing illicit traffic and harbouring offenders.
- 27BPunishment for contravention of section 8A.
- 28Punishment for attempts to commit offences.
- 29Punishment for abetment and criminal conspiracy.
- 30Preparation.
- 31Enhanced punishment for offences after previous conviction.
- 31ADeath penalty for certain offences after previous conviction.
- 32Punishment for offence for which no punishment is provided.
- 32ANo suspension, remission or commutation in any sentence awarded under this Act.
- 32BFactors to be taken into account for imposing higher than the minimum punishment.
- 33Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958.
- 34Security for abstaining from commission of offence.
- 35Presumption of culpable mental state.
- 36Constitution of Special Court.
- 36AOffences triable by Special Courts.
- 36BAppeal and revision.
- 36CApplication of Code to proceedings before a Special Court.
- 36DTransitional provisions.
- 37Offences to be cognizable and non-bailable.
- 38Offences by companies.
- 39Power of court to release certain offenders on probation.
- 40Power of court to publish names, place of business, etc., of certain offenders.
VProcedure§ 41–6833 sections1 repealed
- 41Power to issue warrant and authorisation.
- 42Power of entry, search, seizure and arrest without warrant or authorisation.
- 43Power of seizure and arrest in public place.
- 44Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant.
- 45Procedure where seizure of goods liable to confiscation not practicable.
- 46Duty of land holder to give information of illegal cultivation.
- 47Duty of certain officers to give information of illegal cultivation.
- 48Power of attachment of crop illegally cultivated.
- 49Power to stop and search conveyance.
- 50Conditions under which search of persons shall be conducted.
- 50APower to undertake controlled delivery.
- 51Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures.
- 52Disposal of persons arrested and articles seized.
- 52ADisposal of seized narcotic drugs and psychotropic substances.
- 53Power to invest officers of certain departments with powers of an officer-in-charge of a police station.
- 53ARelevancy of statements under certain circumstances.
- 54Presumption from possession of illicit articles.
- 55Police to take charge of articles seized and delivered.
- 56Obligation of officers to assist each other.
- 57Report of arrest and seizure.
- 57AReport of seizure of property of the person arrested by the notified officer.
- 58Punishment for vexatious entry, search, seizure or arrest.
- 59Failure of officer in duty or his connivance at the contravention of the provisions of this Act.
- 60Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.
- 61Confiscation of goods used for concealing illicit drugs or substances.
- 62Confiscation of sale proceeds of illicit drugs or substances.
- 63Procedure in making confiscations.
- 64Power to tender immunity from prosecution.
- 64AImmunity from prosecution to addicts volunteering for treatment.
- 65[Omitted].(Repealed)
- 66Presumption as to documents in certain cases.
- 67Power to call for information, etc.
- 68Information as to commission of offences.
VAForfeiture of Illegally Acquired Property§ 68A–68Z26 sections
- 68AApplication.
- 68BDefinitions.
- 68CProhibition of holding illegally acquired property.
- 68DCompetent authority.
- 68EIdentifying illegally acquired property.
- 68FSeizure or freezing of illegally acquired property.
- 68GManagement of properties seized or forfeited under this Chapter.
- 68HNotice of forfeiture of property.
- 68-IForfeiture of property in certain cases
- 68JBurden of proof
- 68KFine in lieu of forfeiture
- 68LProcedure in relation to certain trust properties.
- 68MCertain transfers to be null and void
- 68NConstitution of Appellate Tribunal.
- 68-OAppeals
- 68PNotice or order not to be invalid for error in description.
- 68QBar of jurisdiction
- 68RCompetent authority and Appellate Tribunal to have powers of civil court.
- 68SInformation to competent authority
- 68TCertain officers to assist Administrator, competent authority and Appellate Tribunal.
- 68UPower to take possession.
- 68VRectification of mistakes.
- 68WFindings under other laws not conclusive for proceedings under this Chapter.
- 68XService of notices and orders.
- 68YPunishment for acquiring property in relation to which proceedings have been taken, under this Chapter.
- 68ZRelease of property in certain cases.
VIMiscellaneous§ 69–8316 sections
- 69Protection of action taken in good faith
- 70Central Government and State Government to have regard to international conventions while making rules.
- 71Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances.
- 72Recovery of sums due to Government.
- 73Bar of jurisdiction.
- 74Transitional provisions.
- 74APower of Central Government to give directions.
- 75Power to delegate
- 76Power of Central Government to make rules
- 77Rules and notifications to be laid before Parliament.
- 78Power of State Government to make rules.
- 79Application of the Customs Act, 1962.
- 80Application of the Drugs and Cosmetics Act, 1940 not barred.
- 81Saving of State and special laws.
- 82Repeal and savings.
- 83Power to remove difficulties.