The Narcotic Drugs and Psychotropic Substances …

1 The Narcotic Drugs and Psychotropic Substances Act, 1985 alongwith . The Narcotic Drugs and Psychotropic Substances Rules, 1985 as amended in 2003 . The Narcotic Drugs and Psychotropic Substances (Authentication of Documents) Rules, 1992 . The Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances ) Order, 1993 . The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 .. The Narcotic Drugs and Psychotropic Substances (Execution of Bond by Convicts or Addicts) Rules, 1985 . The Narcotic Drugs and Psychotropic Substances Consultative Committee Rules, 1988 . The Illegally Acquired Property (Receipt, Management and Disposal) Rules, 1989.

2 The Appellate Tribunal for Forfeited Property (Procedure) Rules, 1989 .The Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Rules, 1989 . The Appellate Tribunal for Forfeited Property (Fees) Rules, 1989 . Notification Appointing Date of Enforcement of Act 9 of 2001 .Application of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 to the Pending Cases .Notification Specifying Small Quantity and Commercial Quantity with SHORT NOTES Universal Law Publishing Co. Pvt. Ltd. @ Publishers No part of this publication can be reproduced or transmitted in any form or by any means, without prior permission of the Publishers. Published by UNIVERSAL LAW PUBLISHING CO.

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5 CONTENTS THE Narcotic Drugs AND Psychotropic Substances ACT, 1985 Page 1 Introduction CHAPTER I PRELIMINARY Sections 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 7 A.

6 National Fund for Control of drug Abuse 78. Annual report of activities financed under the fund CHAPTER III PROHIBITION, CONTROL AND REGULATION 8. Prohibition of certain operations 8A. Prohibition of certain activities relating to property derived from offence 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.

7 Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring 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 16 16 16 16 16 12 13 14 15 11 11 11 10 10 9 10 3 3 8 17 Contents ii Sections Page 17 17. Punishment for contravention in relation to prepared opium 18. Punishment for contravention in relation to opium poppy and opium 19.

8 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 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.

9 27. Punishment for consumption of any Narcotic drug or Psychotropic substance 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 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 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.

10 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 18 18 18 19 19 20 20 20 20 21 21 21 22 22 22 23 23 25 25 25 25 26 26 26 27 28 28 28 29 29 30 30 iii Contents Sections Page CHAPTER V PROCEDURE 41.