[9th
May, 2001] An Act further to omend the
Narcotic Drugs and Psychotropic Substance Act, 1985 Be it enacted by Parliament
in the Fifty-second Year of the Republic of India as follows:- (1)
This Act may be called the Narcotic Drugs and
Psychotropic Substances (Amendment) Act, 2001. (2)
It shall come into force on such date[2]
as the Central Government may, by notification in the Official Gazette,
appoint; and different dates may be appointed for different provisions of this
Act, and any reference in any provision to the commencement of this Act shall
be construed as reference to the coming into force of that provision. In the Narcotic Drugs and
Psychotropic Substances Act, 1985 (61 of 1985) (hereinafter referred to as the
principal Act), in Section 1, in sub-section (2), after the words ?whole of
India?, the following shall be inserted, namely:- ?and it applies also- (a)
to all citizens of India outside India; (b)
to all persons on ships and aircrafts
registered in India, wherever they may be.?. In Section 2 of the
principal Act,- (a)
for clause (i), the following clause shall be
substituted, namely:- ?(i)
?addict? means a person who has dependence on any narcotic drug or psychotropic
substance;?; (b)
clause (vii-a) shall be re-lettered as clause
(vii-d) and before clause (vii-d) as so relettered, the following clauses shall
be inserted, namely:- ?(vii-a)
?commercial quantity?, in relation to narcotic drugs and psychotropic
substances, means any quantity greater than the quantity specified by the
Central Government by notification in the Official Gazette; (vii-b)
?controlled delivery? means the technique of allowing illicit or suspect
consignments of narcotic drugs, psychotropic substances, controlled substances
or substances substituted for them to pass out of, or through or into the
territory of India with the knowledge and under the supervision of an officer
empowered in this behalf or duly authorised under Section 50-A with a view to
identifying the persons involved in the commission of an offence under this
Act; (vii-c)
?corresponding law? means any law corresponding to the provisions of this
Act;'; (c)
after clause (xxiii), the following clause
shall be inserted, namely:- ?(xxiii-a)
?small quantity?, in relation to narcotic drugs and psychotropic substances,
means any quantity lesser than the quantity specified by the Central Government
by notification in the Official Gazette.?. In Section 7-A of the
principal Act, for sub-sections (2) and (3), the following sub-sections shall
be substituted, namely:- ?(2)
The Fund shall be applied by the Central Government to meet the expenditure
incurred in connection with the measures taken for- (a)
combating illicit traffic in narcotic drugs,
psychotropic substances or controlled substances; (b)
controlling the abuse of narcotic drugs and
psychotropic substances; (c)
identifying, treating, rehabilitating
addicts; (d)
preventing drug abuse; (e)
educating public against drug abuse; and (f)
supplying drugs to addicts where such supply
is a medical necessity. (3)
The Central Government may constitute a Governing Body as it thinks fit to
advise that Government and to sanction money out of the said Fund subject to
the limit notified by the Central Government in the Official Gazette.?. After Section 8 of the
principal Act, the following section shall be inserted, namely:- ?8-A. Prohibition of certain
activities relating to property derived from offence.-No person shall- (a)
convert or transfer any property knowing that
such property is derived from an offence committed under this Act or under any
other corresponding law of any other country or from an act of participation in
such offence, for the purpose of concealing or disguising the illicit origin of
the property or to assist any person in the commission of an offence or to
evade the legal consequences; or (b)
conceal or disguise the true nature, source,
location, disposition of any property knowing that such property is derived
from an offence committed under this Act or under any other corresponding law
of any other country; or (c)
knowingly acquire, possess or use any
property which was derived from an offence committed under this Act or under
any other corresponding law of any other country.?. For Sections 15 to 18 of the
principal Act, the following sections shall be substituted, namely:- ?15. Punishment for
contravention in relation to poppy straw.-Whoever, in contravention of any
provisions 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,- (a)
where the contravention involves small
quantity, with rigorous imprisonment for a term which may extend to six months,
or with fine which may extend to ten thousand rupees, or with both; (b)
where the contravention involves quantity
lesser than commercial quantity but greater than small quantity, with rigorous
imprisonment for a term which may extend to ten years, and with fine which may
extend to one lakh rupees; (c)
where the contravention involves commercial
quantity, 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 inter-State or uses coca leaves shall
be punishable with rigorous imprisonment for a term which may extend to ten
years, and with fine which may extend to one 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, possesses, sells, purchases, transports, imports
inter-State, exports inter-State or uses prepared opium shall be punishable,- (a)
where the contravention involves small
quantity, with rigorous imprisonment for a term which may extend to six months,
or with fine which may extend to ten thousand rupees, or with both; or (b)
where the contravention involves quantity
lesser than commercial quantity but greater than small quantity, with rigorous
imprisonment for a term which may extend to ten years, and with fine which may
extend to one lakh rupees; or (c)
where the contravention involves commercial
quantity, 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.-Whoever, 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-State, exports
inter-State or uses opium shall be punishable,- (a)
where the contravention involves small
quantity, with rigorous imprisonment for a term which may extend to six months,
or with fine which may extend to ten thousand rupees, or with both; (b)
where the contravention involves commercial
quantity, 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 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; (c)
in any other case, with rigorous imprisonment
which may extend to ten years and with fine which may extend to one lakh
rupees.?. In Section 20 of the
principal Act, in clause (b), for sub-clauses (i) and (ii), the following
sub-clauses shall be substituted, namely:- ?(i)
where such contravention relates to clause (a) 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; and (ii)
where such contravention relates to sub-clause (b),- (A)
and involves small quantity, with rigorous
imprisonment for a term which may extend to six months, or with fine which may
extend to ten thousand rupees, or with both; (B)
and involves quantity lesser than commercial
quantity but greater than small quantity, with rigorous imprisonment for a term
which may extend to ten years, and with fine which may extend to one lakh
rupees; (C)
and involves commercial quantity, 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.?. For Sections 21 to 23 of the
principal Act, the following sections shall be substituted, namely:- ?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 made or condition of licence granted thereunder, manufactures,
possesses, sells, purchases, transports, imports inter-State, exports
inter-State or uses any manufactured drug or any preparation containing any
manufactured drug shall be punishable,- (a)
where the contravention involves small
quantity, with rigorous imprisonment for a term which may extend to six months,
or with fine which may extend to ten thousand rupees, or with both; (b)
where the contravention involves quantity,
lesser than commercial quantity but greater than small quantity, with rigorous
imprisonment for a term which may extend to ten years, and with fine which may
extend to one lakh rupees; (c)
where the contravention involves commercial quantity,
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, possesses, sells, purchases, transports,
imports inter-State, exports inter-State or uses any psychotropic substance
shall be punishable,- (a)
where the contravention involves small
quantity, with rigorous imprisonment for a term which may extend to six months,
or with fine which may extend to ten thousand rupees, or with both; (b)
where the contravention involves quantity
lesser than commercial quantity but greater than small quantity, with rigorous
imprisonment for a term which may extend to ten years, and with fine which may
extend to one lakh rupees; (c)
where the contravention involves commercial
quantity, 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. 23. Punishment for illegal
import into India, export from India or transhipment of 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,- (a)
where the contravention involves small
quantity, with rigorous imprisonment for a term which may extend to six months,
or with fine which may extend to ten thousand rupees, or with both; (b)
where the contravention involves quantity
lesser than commercial quantity but greater than small quantity, with rigorous
imprisonment for a term which may extend to ten years, and with fine which may
extend to one lakh rupees; (c)
where the contravention involves commercial
quantity, 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.?. For Section 25 of the
principal Act, the following section shall be substituted, namely:- ?25. Punishment for 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 the punishment provided for that offence.?. For Section 27 of the
principal Act, the following section shall be substituted, namely:- ?27. Punishment for
consumption of any narcotic drug or psychotropic substance.-Whoever consumers
any narcotic drug or psychotropic substance shall be punishable,- (a)
where the narcotic drug or psychotropic
substance consumed is cocaine, morphine, diacetyl-morphine or any other
narcotic drug or any psychotropic substance as may be specified in this behalf
by the Central Government by notification in the Official Gazette, with
rigorous imprisonment for a term which may extend to one year, or with fine
which may extend to twenty thousand rupees, or with both; and (b)
where the narcotic drug or psychotropic
substance 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 which may
extend to ten thousand rupees, or with both.?. In Section 30 of the principal
Act, for the words, figures and brackets ?Section 15 to Section 25 (both
inclusive) and from the circumstances of the case?, the words, figures and
letter ?Sections 19, 24 and 27-A and for offences involving commercial quantity
of any narcotic drug or psychotropic substance and from the circumstances of
the case? shall be substituted. For Section 31 of the
principal Act, the following section shall be substituted, namely:- ?31. Enhanced punishment for
offences after previous conviction.- (1)
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 this Act is subsequently convicted
of the commission of, or attempt to commit, or abetment of, or criminal
conspiracy to commit, an offence punishable under this Act with the same amount
of punishment shall be punished for the second and every subsequent offence
with rigorous imprisonment for a term which may extend to one-half of the
maximum term of imprisonment, and also be liable to fine which shall extend to
one-half of the maximum amount of fine. (2)
Where the person referred to in sub-section
(1) is liable to be punished with a minimum term of imprisonment and to a
minimum amount of fine, the minimum punishment for such person shall be
one-half of the minimum term of imprisonment and one-half of the minimum amount
of fine: Provided that the court may,
for reasons to be recorded in the judgment, impose a fine exceeding the fine
for which a person is liable. (3)
Where any person is convicted by a competent
court of criminal jurisdiction outside India under any corresponding law, such
person, in respect of such conviction, shall be dealt with for the purposes of
sub-sections (1) and (2) as if he had been convicted by a court in India.?. In Section 31-A of the
principal Act,- (a)
in sub-section (1),- (i)
for the words, figures, brackets and letter
?Section 15 to Section 25 (both inclusive) or Section 27-A?, the words, figures
and letter ?Section 19, Section 24, Section 27-A and for offences involving
commercial quantity of any narcotic drug or psychotropic substance? shall be
substituted; (ii)
in sub-clause (a), in the Table, in column
(2), against entry (viii), for the figures and word ?1500 grams?, the words
?lesser of the quantity between the quantities given against the respective
narcotic drugs or psychotropic substances mentioned above forming part of the
mixture? shall be substituted; (b)
in sub-section (2), for the words, figures,
brackets and letter ?Section 15 to Section 25 (both inclusive), Section 27-A,
Section 28 or Section 29?, the words, figures and letter ?Section 19, Section
24 or Section 27-A and for offences involving commercial quantity of any
narcotic drug or psychotropic substance? shall be substituted. After Section 32-A of the
principal Act, the following section shall be inserted, namely:- ?32-B. Factors to be taken
into account for imposing higher than the minimum punishment.-Where a minimum
term of imprisonment or amount of fine is prescribed for any offence committed
under this Act, the court may, in addition to such factors as it may deem fit,
take into account the following factors for imposing a punishment higher than
the minimum term of imprisonment or amount of fine, namely:- (a)
the use or threat of use of violence or arms
by the offender; (b)
the fact that the offender holds a public
office and that he has taken advantage of that office in committing the
offence; (c)
the fact that the minors are affected by the
offence or the minors are used for the commission of an offence; (d)
the fact that the offence is committed in an
educational institution or social service facility or in the immediate vicinity
of such institution or faculty or in other place to which school children and
students resort for educational, sports and social activities; (e)
the fact that the offender belongs to
organised international or any other criminal group which is involved in the
commission of the offence; and (f)
the fact that the offender is involved in
other illegal activities facilitated by commission of the offence.?. For Section 36-A of the
principal Act, the following section shall be substituted, namely:- ?36-A. Offences triable by
Special Courts.- (1)
Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974),- (a)
all offences under this Act which are
punishable with imprisonment for a term of more than three years 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 Courts than one for such
area, by such one of them as may be specified in this behalf by the Government; (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 (2 of 1974), 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 in cases which
are triable by the Special Court 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 perusal of police
report of the facts constituting an offence under this Act or upon complaint
made by an officer of the Central Government or a State Government authorised
in his 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 the 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 a ?Special Court? constituted under
Section 36. (4)
In respect of persons accused of an offence
punishable under Section 19 or Section 24 or Section 27-A or for offences
involving commercial quantity the references in sub-section (2) of Section 167
of the Code of Criminal Procedure, 1973 (2 of 1974) thereof to ?ninety days?,
where they occur, shall be construed as reference to ?one hundred and eighty
days?: Provided that, if it is not
possible to complete the investigation within the said period of one hundred
and eighty days, the Special Court may extend the said period up to one year on
the report of the Public Prosecutor indicating the progress of the
investigation and the specific reasons for the detention of the accused beyond
the said period of one hundred and eighty days. (5)
Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974), the offences punishable under
this Act with imprisonment for a term of not more than three years may be tried
summarily.?. For Section 36-D of the
principal Act, the following section shall be substituted, namely:- ?36-D. Transitional
provisions.- (1)
Any offence committed under this Act on or
after the commencement of the Narcotic Drugs and Psychotropic Substances
(Amendment) Act, 1988 (2 of 1989), which is triable by a Special Court shall,
until a Special Court is constituted under Section 36, notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974), be tried by a
Court of Session. (2)
Where any proceedings in relation to any
offence committed under this Act on or after the commencement of the Narcotic
Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989) are pending
before a Court of Session, then, notwithstanding anything contained in
sub-section (1), such proceeding shall be heard and disposed of by the Court of
Session: Provided that nothing
contained in this sub-section shall affect the power of the High Court under
Section 407 of the Code of Criminal Procedure, 1973 (2 of 1974) to transfer any
case or class of cases taken cognizance by a Court of Session under sub-section
(1).?. In Section 37 of the
principal Act, in sub-section (1), in clause (b), for the words ?a term of
imprisonment of five years or more under this Act?, the words, figures and
letter ?offences under Section 19 or Section 24 or Section 27-A and also for
offences involving commercial quantity? shall be substituted. In Section 39 of the
principal Act, in sub-section (1), after the words and figures ?under Section
27?, the words ?or for offences relating to small quantity of any narcotic drug
or psychotropic substance? shall be inserted. For Sections 41 to 43 of the
principal Act, the following sections shall be substituted, namely:- ?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 this Act, or for the search, whether by day or by night, of any building,
conveyance or place in which he has reason to believe any narcotic drug or
psychotropic substance or controlled substance in respect of which an offence
punishable under this Act has been committed or any document or other article
which may furnish evidence of the commission of such offence or any illegally
acquired property or any document or other article which may furnish evidence
of holding any illegally acquired property which is liable for seizure or
freezing or forfeiture under Chapter V-A of this Act 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 including the para-military forces
or the armed forces 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
this Act or that any narcotic drug or psychotropic substance or controlled
substance in respect of which any offence under this Act has been committed or
any document or other article which may furnish evidence of the commission of
such offence or any illegally acquired property or any document or other
article which may furnish evidence of holding any illegally acquired property
which is liable for seizure or freezing or forfeiture under Chapter V-A of this
Act is 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 such 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 sub-section (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 departments of central excise,
narcotics, customs, revenue intelligence or any other department of the Central
Government including para-military forces or armed forces 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, or controlled substance in respect of which an
offence punishable under this Act has been committed or any document or other
article which may furnish evidence of the commission of such offence or any
illegally acquired property or any document or other article which may furnish
evidence of holding any illegally acquired property which is liable for seizure
or freezing or forfeiture under Chapter V-A of this Act 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 this Act or
furnish evidence of holding any illegally acquired property which is liable for
seizure or freezing or forfeiture under Chapter V-A of this Act; 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 this Act : 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 sunset and sunrise 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 within seventy-two hours send a copy thereof to his
immediate official superior. 43. Power of seizure and
arrest in public place.-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 or controlled substance in respect of
which he has reason to believe an offence punishable under this Act 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 reason to believe may furnish evidence of the commission of an
offence punishable under this Act or any document or other article which may
furnish evidence of holding any illegally acquired property which is liable for
seizure or freezing or forfeiture under Chapter V-A of this Act; (b)
detain and search any person whom he has
reason to believe to have committed an offence punishable under this Act, and
if such person has any narcotic drug or psychotropic substance or controlled
substance in his possession and such possession appears to him to be 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.?. In Section 44 of the
principal Act, after the words ?psychotropic substance?, the words ?or
controlled substance? shall be inserted. In Section 49 of the
principal Act, after the words ?psychotropic substance?, the words ?or
controlled substance? shall be inserted. In Section 50 of the
principal Act, after sub-section (4), the following sub-sections shall be
inserted, namely:- ?(5)
When an officer duly authorised under Section 42 has reason to believe that it
is not possible to take the person to be searched to the nearest Gazetted
Officer or Magistrate without the possibility of the person to be searched
parting with possession of any narcotic drug or psychotropic substance, or
controlled substance or article or document, he may, instead of taking such
person to the nearest Gazetted Officer or Magistrate, proceed to search the
person as provided under Section 100 of the Code of Criminal Procedure, 1973 (2
of 1974). (6)
After a search is conducted under sub-section (5), the officer shall record the
reasons for such belief which necessitated such search and within seventy-two
hours send a copy thereof to his immediate official superior.?. After Section 50 of the
principal Act, the following section shall be inserted, namely:- ?50-A.
Power to undertake controlled delivery.-The Director General of Narcotics
Control Bureau constituted under sub-section (3) of Section 4 or any other
officer authorised by him in this behalf, may, notwithstanding anything
contained in this Act, undertake controlled delivery of any consignment to- (a)
any destination in India; (b)
a foreign country, in consultation with the
competent authority of such foreign country to which such consignment is
destined, in such manner as may be prescribed.?. In Section 53 of the
principal Act,- (a)
in sub-section (1), for the words ?or Border
Security Force?, the words ?or any other department of the Central Government
including para-military forces or armed forces? shall be substituted; (b)
in sub-section (2), after the word ?excise?,
the words ?or any other department? shall be inserted. For Section 54 of the
principal Act, the following section shall be substituted, namely:- ?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 this Act in respect of- (a)
any narcotic drug or psychotropic substance
or controlled 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 manufacturer of any narcotic drug or
psychotropic substance or controlled substance; or (d)
any materials which have undergone any
process towards the manufacture of a narcotic drug or psychotropic substance or
controlled substance, or any residue left of the materials from which any
narcotic drug or psychotropic substance or controlled substance has been
manufactured,for the possession of which he fails to account satisfactorily.?. In Section 60 of the
principal Act,- (a)
for sub-section (1), the following
sub-section shall be substituted, namely:- ?(1)
Whenever any offence punishable under this Act has been committed, the narcotic
drug, psychotropic substance, controlled substance, 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;?; (b)
in sub-sections (2) and (3), after the words
?psychotropic substance?, wherever they occur, the words ?or controlled
substances? shall be inserted. In Section 61 of the
principal Act, for the words ?narcotic drug or psychotropic substance?, the
words ?narcotic drug, psychotropic substance or controlled substance? shall be
substituted. In Section 62 of the
principal Act, for the words ?narcotic drug or psychotropic substance?, the
words ?narcotic drug, psychotropic substance or controlled substance? shall be
substituted. In Section 63 of the
principal Act,- (a)
in sub-section (2), in the second proviso,
after the words ?psychotropic substance?, the words ?, controlled substance?
shall be inserted; (b)
sub-section (3) shall be omitted. For Section 64-A of the
principal Act, the following section shall be substituted, namely:- ?64-A.
Immunity from prosecution to addicts volunteering for treatment.-Any addict,
who is charged with an offence punishable under Section 27 or with offences
involving small quantity of narcotic drugs or psychotropic substances, who
voluntarily seeks to undergo medical treatment for 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 or under any other section for offences involving small quantity of
narcotic drugs or psychotropic substances: Provided that the said
immunity from prosecution may be withdrawn if the addict does not undergo the complete
treatment for de-addiction.?. In Section 68-A of the
principal Act, in sub-section (2),- (i)
in clause (a), for the word ?five?, the word
?ten? shall be substituted; (ii)
after clause (c), the following clause shall
be inserted, namely:- ?(cc)
every person who has been arrested or against whom a warrant or authorisation
of arrest has been issued for the commission of an offence punishable under
this Act with imprisonment for a term of ten years or more, and every person
who has been arrested or against whom a warrant or authorisation of arrest has
been issued for the commission of a similar offence under any corresponding law
of any other country;?; (iii)
in clauses (d), (e) and (f), after the word,
brackets and letter ?clause (c)?, the words, brackets and letters ?or clause
(cc)? shall be inserted. In Section 68-B of the
principal Act, in clause (g), in sub-clause (i), for the words ?illicit
traffic?, the words ?the contravention of any provisions of this Act? shall be
substituted. In Section 68-C of the
principal Act, in sub-section (2), for the proviso, the following proviso shall
be substituted, namely:- ?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 he
was arrested or against whom a warrant or authorisation of arrest has been
issued for the commission of an offence punishable under this Act or from the
date the order or detention was issued, as the case may be.?. In Section 68-E of the
principal Act, for sub-section (1), the following sub-section shall be
substituted, namely:- ?(1)
Every officer empowered under Section 53 and every officer-in-charge of a
police station shall, on receipt of information is satisfied that any person to
whom this chapter applies holds any illegally acquired property, he may, after
recording reasons for doing so, proceed to take all steps necessary for tracing
and identifying such property.?. In Section 68-H of the
principal Act, in sub-section (2), the following proviso shall be inserted at
the end, namely:- ?Provided that no notice for
forfeiture shall be served upon any person referred to in clause (cc) of
sub-section (2) of Section 68-A or relative of a person referred to in that
clause or associate of a person referred to in that clause or holder of any
property which was at any time previously held by a person referred to in that
clause.?. In Section 68-I of the
principal Act, after sub-section (3), the following proviso shall be inserted
at the end, namely:- ?Provided that no illegally
acquired property of any person who is referred to in clause (cc) of
sub-section (2) of Section 68-A or relative of a person referred to in that
clause or associate of a person referred to in that clause or holder of any
property which was at any time previously held by a person referred to in that
clause shall stand forfeited.?. In Section 68-O of the
principal Act, in sub-section (1), for the words ?Any person aggrieved by an order
of the competent authority?, the words, brackets, figures and letter ?Any
officer referred to in sub-section (1) of Section 68-E or any person aggrieved
by an order of the competent authority? shall be substituted. After Section 68-Y of the
principal Act, the following section shall be inserted, namely:- ?68-Z. Release of property
in certain cases.- (1)
Where the detention order of a detenu is set
aside or withdrawn, properties seized or frozen under this chapter shall stand
released. (2)
Where any person referred to in clause (a) or
clause (b) or clause (cc) of sub-section (2) of Section 68-A has been acquitted
or discharged from the charges under this Act or any other corresponding law of
any other country and the acquittal was not appealed against or when appealed
against, the appeal was disposed of as a consequence of which such property
could not be forfeited or warrant of arrest or authorisation of arrest issued
against such person has been withdrawn, then, property seized or frozen under
this chapter shall stand released.?. In Section 76 of the
principal Act, in sub-section (2), after clause (c), the following clause shall
be inserted, namely:- ?(c-a) the manner in which
?controlled delivery? under Section 50-A is to be undertaken;?. In Section 77 of the
principal Act, for the portion beginning with the words ?Every rule made under
this Act? and ending with ?shall be laid, as soon as may be, after it is made
or issued?, the following shall be substituted, namely:- ?Every rule made under this
Act by the Central Government and every notification or order issued under
clause (vii-a), clause (xi), clause (xxiii-a) of Section 2, Section 3, Section
7-A, Section 9-A and clause (a) of Section 27 shall be laid, as soon as may be,
after it is made or issued.?. (1)
Notwithstanding anything contained in
sub-section (2) of Section 1, all cases pending before the courts or under
investigation at the commencement of this Act shall be disposed of in
accordance with the provisions of the principal Act as amended by this Act and
accordingly, any person found guilty of any offence punishable under the
principal Act, as it stood immediately before such commencement, shall be
liable for a punishment which is lesser than the punishment for which he is
otherwise liable at the date of the commission of such offence: Provided that nothing in
this section shall apply to cases pending in appeal. (2)
For the removal of doubts, it is hereby
declared that no act or omission on the part of any person shall be punishable
as an offence which would not have been so punishable if this Act has not come
into force.Narcotic Drugs and
Psychotropic Substances (Amendment) Act, 2001[1]
[Act 9 of 2001]???????