The Narcotic Drugs and Psychotropic Substances Act, 1985

The The Narcotic Drugs and Psychotropic Substances Act, 1985, with its 126 sections listed below.

Act number

61 of 1985

Year

1985

Published by

India Code · Government of India

Edition

India Code source copy; publisher last-update label: 3-1-2022

Sections

• 1. Short title, ext ent and commencement
• 3. Power to add to or omit from the list of psychotr opic substances
• 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 Psychotropie Sub stances Consultative Committee
• 7. Officers of State Government
• 7A. National Fund for Control of Drug Abuse
• 7B. Annual report of activities financed under the Fund
• 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 reg ulate controlled substances
• 10. Power of State Government to permit, control and regulate
• 11. Narcotic drugs and psychotropic substances, etc., not liable to distress o r attachment
• 12. Restrictions over external dealings in narcotic dr ugs and psychotropic substances
• 13. Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent
• 14. Special provision relating to cannabis
• 15. Punishment for contraventi on in relation to poppy straw
• 16. Punishment for contravention in relation to coca plant and coca leaves
• 17. Punishment for contraventio n in relation to prepared opium
• 18. Punishment for contravention in relation to opium poppy an d opium
• 19. Punishment for embez zlement of opium by cultivator
• 20. Punishment for contravention in relation to cannabis plant and cannabis
• 21. Punishment for contravention in relation to manu factured drugs and preparations
• 22. Punishment for contravention in relation to psychotropic substan ces
• 23. P unishment 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 o f 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. Punishment for financing illicit tr affic and harbouring offenders
• 27B. Punishment for contravention of section 8A
• 28. Punishment f or attempts to commit offences
• 29. Punishment for ab etment 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 w hich 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 highe r 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 Speci al Court
• 36A. Offences triable by Special Courts
• 36B. Appeal and revision
• 36C. Application of Code to proc eedings 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
• 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 t o confiscation not practicable
• 46. Duty of land holder to give information of illeg al cultivation
• 47. Duty of certain officers to give info rmation of illegal cultivation
• 48. Power of attachmen t of crop illegally cultivated
• 49. Power to stop and search conveyance
• 50. Conditions under which search of persons 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 perso ns arrested and articles seized
• 52A. Disposal of seized narcotic dru gs 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 statemen ts 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
• 57A. Report of seizure of property of the person arrested by the notified officer
• 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 c onfiscation
• 61. Confiscation of goods used for conceali ng illicit drugs or substances
• 62. Confiscation of sale proceeds of illic it drugs or substances
• 63. Pro cedure in making confiscations
• 64. Power to te nder immunity from prosecution
• 64A. Immunity from prosecution to addi cts volunteering for treatment
• 65. [Power to make rules regulating disposal of confiscated articles and rewards ]
• 66. Presumption as to documents in certain cases
• 67. Power to call for information, etc
• 68. Information as to commission of offences
• 68A. Application
• 68B. Definitions
• 68C. Prohibition of holdi ng illegally acquired property
• 68D. Competent authority
• 68E. Identifying illegally acquired property
• 68F. Seizure or freezing of illegally acquired property
• 68G. Management of properties seize d or forfeited under this Chapter
• 68H. Notice of forfe iture of property
• 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 voi d
• 68N. Cons titution of Appellate Tribunal
• 68P. Notice or order not to be in valid for error in description
• 68Q. Bar of jurisdiction
• 68R. Competent authority and Appellate Tribunal to have powe rs of civil court
• 68S. Info rmation to competent authority
• 68T. Certain officers to assist Administrator, competent autho rity 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 acqui ring property in relation to which proceedings have been taken, under this Chapter
• 68Z. Release of property in certain cases
• 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 dr ug 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 Ce ntral 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. Sa ving of State and special laws
• 82. Repeal and saving s
• 83. Power to r emove difficulties

For research. Check the official gazette and later amendments before citing a section.