THE NARCOTIC DRUGS AND PSYCHOTROPIC

SUBSTANCES ACT, 1985

INTRODUCTION
The statutory control over narcotic drugs was being exercised under The
Opium Act, 1857, The Opium Act, 1878 and The Dangerous Drugs Act, 1930. The
provisions of these enactments were found to be inadequate because of the
passage of time and developments in the field of illicit drug traffic and drug
abuse at national and international level. To consolidate and to amend the
existing laws relating to narcotic drugs a comprehensive legislation was
considered. to be necessary. Accordingly the Narcotic Drugs and Psychotropic
Substances Bill was introduced in the Parliament.
STATEMENT OF OBJECTS AND REASONS
The statutory control over narcotic drugs is exercised in India through a
number of Central and State enactments. The principal Central Acts, namely, the
Opium Act, 1857, the Opium Act, 1878 and the Dangerous Drugs Act, 1930 were
enacted a long time ago. With the passage of time and the developments in the
field of illicit drug traffic and drug abuse at national and international level,
many deficiencies in the existing laws have come to notice, some of which are
indicated below:
(i) The scheme of penalties under the present Acts is not sufficiently
deterrent to meet the challenge of well organized gangs of
smugglers. The Dangerous Drugs Act, 1930 provides for a maximum
term of imprisonment of 3 years with or without fine and 4 years
imprisonment with or without fine for repeat offences. Further, no
minimum punishment is prescribed in the present laws, as a result of
which drug traffickers have been some times let off by the courts
with nominal punishment. The country has for the last fE!w years
been increasingly facing the problem of transit traffic of drugs
coming mainly from some of our neighboring countries and destined
mainly to Western countries.
(ii) The existing Central laws do not provide for investing the officers of
a number of important Central enforcement agencies like Narcotics,
Customs, Central Excise, etc., with the power of investigation of
offences under the said laws.
(iii) Since the enactment of the aforesaid three Central Acts a vast body
of international law in the field of narcotics control has evolved
through various international treaties and protocols. The
Government of India has been a party to these treaties and
conventions which entail several obligations which are not covered
or are only partly covered by the present Acts.
(iv) During recent years new drugs of addiction which have come to be
known as psychotropic substances have appeared on the scene and
posed serious problems to national governments. There is no
2 The Narcotic Drugs and Psychotropic Substances Act, 1985

comprehensive law to enable exercise of control over psychotropic

substances in India in the manner as envisaged in the Convention on
Psychotropic Substances, 1971 to which India has also acceded.
2. ln view of what has been stated above, there is an urgent need for the
enactment of a comprehensive legislation on narcotic drugs and psychotropic
substances which, inter alia, should consolidate and amend the existing laws
relating to narcotic drugs, strengthen the existing controls over dntg abuse,
considerably enhance the penalties particularly for trafficking offences, make
provisions for exercising effective control over psychotropic substances and
make provisions for the implementation of international conventions relating to
narcotic drugs nnd psychotropic substances to which India has become a party.
3. The Bill seeks to achieve the above objects.
ACT 61 OF 1985
The Narcotic Drugs and Psychotropic Substances Bill having been passed by
both the Houses of Parliament received the assent of the President on 16th
September, 1985. It came on the Statute Book as THE NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT, 1985 (61 of 1985) (Came into force 011
14-11-1985).

LIST OF AMENDING ACTS

1. The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988
(2 of 1989) (w.e.f. 29-5-1989).
2. The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001
(9 of 2001) (w.e.f. 2-10-2001).
3. The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014
(16 of 2014) (w.e.f. 1-5-2014).
 THE NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES ACT, 1985
(61 of 1985)
[16th Septeml1cr, 198:; J
An Act to consolidate and amend the law rt!lating to nim:otic drugs, to m11k1'
stringmt prtroisions for the control and regulation of operations relating to 1rnrt·otit'
drugs and p -ychotropic substances 1[, to provide for Ou• jorfeititri.' of property dcrit•ed
from, or used in. illidt traffic in nnrcotic drugs and psychotropic . u/Jslam·(><;, to
implement the provisions of the lnternntfrmal Convention on Narcotil· Drrigs anLi
Psyc!wtropic Substances) and for matters conmxted therewith.
BE it enacted by Parliament in the Thirty-sixth Year of the Republir of India
as follows:-

CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.---{1) This Act may be called th£'
Narcotic Drugs and Psychotropic Substances Acl, 1985.
(2) It extends to the whole of India 2[and it applies also-
(a) to all citizens of India outside India;
(b) to all persons on ships and aircrafts registered in fndiu,
wherever they may be.)
(3) It shall come into force on such date3 as the Central Government mav, bv
notified Hon in the Official Gazette, appoint, and different dales may be appo ited
for different provisions of this Act and for different States and any reft>rence in
any such provision to the commencement of this Act shall bf' construed in
relation to any State as a reference to the coming into force of thal provision in
that State.
COMMENTS
Thb is a special Act, while adopting the liberal construction of tht• Act, it b found
that the Act has been enacted with a view to make stringent provisions for the control and
i:egulation of operations relating to the narcotic drugs and psychotropic substanet•s;
G11/am Mohiuddin v. State of ]flmm11 nnd Kll;;/1mir, (1994) 1 Crimes 204 O & K).
2. Definitions.---ln this Act, unless the context otherwise requires,-·
1
· l(i) "addict" means a person who has dependence on any narcotic drug
or psychotropic substances;1
(ii) "Board" means the Central Board of Excise and Customs rnnslitutC'd
under the Central Boards of Revenue Acl, 1963 (54 of 196-3);
L Im,. hy Act 2 of 1989, sec. 2 (w.e.l. 29-5-l'l89).
2. Ins. by Act 9 of 2001, S('(:. 2 (w.e.L 2-10-2001).
3. Came into force on 14-11-1985, v1de S.O. 821 (E), dated 14th November, IY85.
·I. Subs. by Act 9 of 2001, se.;. 3, for datL e (i) (w.e.f. 2-10-2001).

3
4 The Narcotic Drugs and Psychotrop;c Substances Act, 1985 [Sec. 2

(ill) "cannabis (hemp)" means-

(a) charas, that is, the separated resin, in whatever form, whether
crude or purified, obtained from the cannabis plant and also
includes concentrated preparation and resin known as hashish
oil or liquid hashish;
(b) ganja, that is, the flowering or fruiting tops of the cannabis plant
(excluding the seeds and leaves when not accompanied by the
tcps), by whatever name they may be known or designated; and
(c) any mixture, with or without any neutral material, of any of the
above forms of cannabis or any drink prepared therefrom;
(iv) ''cannabis plant" means any plant of the genus cannabis;
1((iva) "Central Government factories" means factories owned by the
Central Government or factories owned by any company in which
the Central Government holds at least fifty-one per cent. of the paid-
up share capital;]
(v) "coca derivative' means--
(a) crude cocaine, that is, any extract of coca leaf which can be used,
directly or indirectly, for the manufacture of cocaine;
(b) ecgonine and all the derivatives of ecgonine from which it can be
recovered;
(c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts;
and
(d) all preparations containing more than 0.1 per cent. of cocaine;
(vi) "coca leaf' means-
(a) the leaf of the coca plant except of a leaf from which all
ecgonine, cocaine and any other ecgonine alkaloids have been
removed;
(b) any mixture thereof with or without any neutral material;
but does not include any preparation containing not more than 0.1 per cent. of
cocaine;
(vii) "coca plant" means the plant of any species of the genus
Erythroxylon;
2
[(viia) "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;]
2l(viib) "controlled delivery" means the techni9.ue 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 SOA with a view to identifying the persons
involved in the commission of an offence under this Act;]
3
[(vlic) "corresponding law" means any law corresponding to the provisions
of this Act;]
3[(viid)] "controlled substance" means any substance which the Central

Government may, having regard to the available information as to

1
. Ins. by Act 16 of 2014, sec. 2(a) {w.e.f. 1-5-2014, vide S.O. 1183(E), dated 30th April, 2014).
2.Iru;;_ by Act 9 of 2001, sec. 3 (w.e.£ 2-10-2001).
3.Clause (vlia) relettered as clause (viid) by Act 9 of 2001, se..::. 3 (w.e.f. 2-10-2001). Earlier clause
(vila) was inserted by Act 2 of 1989, sec. 3 (w.e.f. 29-5-1989).
Sec. 2] The Narcotic Drugs and Psychotropic Substancies Act, 1985 5

its possible use in the production or manufacture of narcotic drugs or

psychotropic substances or to the provisions of any International
Convention, by notification in the Official Gazette, declare to be a
controlled substance;
(viii) "convercm:ce" means a conve ce of any description whatsoever
and includes any aircraft, vehicle or vessel;
1[(vilia) "essential narcotic drug" means a narcotic drug notified by the
Central Govemment>t for medical and scientific use;]
2[3[(viiib}] "illicit traffic", in relation to narcotic drugs and psychOtropic
substances, means-
(i) cultivating any coca plant or gathering any portion of coca plant;
(il) cultivating the opium J?Dppy or any cannabis plant;
(iii) engaging in the procluction, manufacture, possession, sale,
purchase, transportation, warehousing, concealment, use or
consumption, import inter-State, export inter-State, import into
India, export from India or transhipment, of narcotic {lrugs or
psychotropic substances;
(iv) dealing in any activities in narcotic drugs or psychotroJ?ic
substances other than those referred to in sub-clauses (i) to (ni);
or
(v) handling or letting out any premises for the carr g on of any
of the activities referred to in sub-clauses (i) to (1v);
other than those permitted under this Act, or any rule or order made,
or any condition of any licence, term or authorisation issued,
thereunder, and includes------
(1) financing, directly or indirectly, any of the aforementioned
activities;
(2) abetting or conspiring in the furtherance of or in support of
doing any of the aforementioned activities; and
(3) b?l!rin_g persons engaged in any of the aforementioned
activities;)
(ix) "International Convention" means-
(a) the Single Convention on Narcotic Drugs, 1961 adopted by the
United Nations Conference at New York in March, 1961;
(b) the protocol, amending the Convention mentioned in sub-clause
(a), adopted by the United Nations Conference at Geneva in
March, 1972;
(c) the Convention on Psychotropic Substances, 1971 adopted by the
United Nations Conference at Vienna in February, 1971; and
(d) any other international convention, or protocol or other
instrument amending an international convention, relatin to
narcotic drugs or psychotropic substances which may be ratified
or acceded to by India after the commencement of this Act;
(x) "manufacture", in relation to narcotic drugs or psychotropic
substances, includes--
(1) all processes other than production by which such drugs or
substances may be obtained;
(2) refining of such drugs or substances;
1I .
n s . by Act 16 of 2014, sec. 2(b) (w.e.f. 1-5-2014, uide $.0. 1183(E), dated 30th April, 2014).
2. Ins. by Act 2 of 1989, sec. 3 (w.e.f. 29-5-1989).
3. Clause (vilia) re-lettered as clause (vilib) thereof by Act 16 of 2014, se<:. 2(b} (w.e.f. 1-5--2014,
vide 5.0. 1183{E), dated 30th April, 2014).
• Sll Notification at page No. 7,
6 The Narcotic Drugs and Psychotropic SubstanC6S Act, 1985 [Sec. 2

(3) transformation of such drugs or substances; and

(4) makinp: of preJ?aration (otherwise than in a pharmacy on
prescription) with or containing such drugs or substances;
(xi) "manufactured dru " means-
(a) all coca derivatives, medicinal cannabis, opium derivatives and
poppy straw concentrate;
(b) any other narcotic substance or preparation which the Central
Government may, having regard to the available information as
to its nature or to a decision, if any, under any International
Convention, by notification in the Official Gazette, declare to be
a rp.anufactured drug;
but does not include any narcotic substance or preparation which the Central
Government may, having regard to the available information as to its nature or
to a decision, if any, under any International Convention, by notification in the
Official Gazette, declare not to be a manufactured drug;
(xii) "medicinal cannabis", that is, medicinal hemp, means any extract or
tincture of cannabis (hemr,);
(xiii) "Narcotic Commissioner' means the Narcotics Commissioner
appointed under section 5;
(xiv) "narcotic drug" means coca leaf, cannabis (hemp), opium, poppy
straw and includes all manufactured goods;
(xv) "opium" means-
(a) the coagulated juice of the opium poppy; and
(b) any mixture, with or without any neutral material, of the
coagulated juice of the opium poppy,
but does not include any preparation containing not more than 0.2 per
cent. of morphine:
(xvi) "opium derivative" means-
(a) medicinal opium, that is, opium which has undergone the
processes necessary to adapt 1t for medicinal use in accordance
with the requirements of the Indian Pharmacopoeia or any other
pharmacopoeia notified in this behalf Dy the Central
Government, whether in powder form or granulated or
otherwise or mixed with neutral materials;
(b) prepared opium, that is, any product of opium by any series of
operations designed to transform opium into an extract suitable
for smoking and the dross or other residue remaining after
opium is smoked;
(c) phenanthrene alkaloids, namely, morphine, codeine, thebaine
and their salts;
(d) diacetylmorphine, that is, the alkaloid also known as dia-
morphine or heroin and its salts; and
(e) all preparations containing more than 0.2 per cent. of morphine
or containing any diacetylmorphine;
(xvii) "opium poppy" means-
(a) the plant of the species Papaver somniferum L.; and
(b) the plant of any other species of Papaver from which opium or
any phenanthrene alkaloid can be extracted and wfi.ich the
Central Government may, by notification in the Official Gazette,
declare to be opium poppy for the purposes of this Act;
(xv:ii) "poppy straw" means all parts (except the seeds) of the opium
poppy after harvesting whether in their ori2ina]. form or cut, crushed
or powdered and whether. or not juice has been extracted therefrom;
(xix) "poppy straw concentrate" means the material arising when poppy
straw has entered into a process for the concentration of its alkaloirlr•
Sec. 2] The Narcotic Drugs and Psychotropic Substl!JIIC8S Act, 1985 7

(xx) "preparation", in relation to a narcotic drug or psychotropic

substance, means any one or more such drugs or substances in
dosage form or any solution or mixture, in whatever physical state,
containing one or more such drugs or substances;
(xxi) "prescribed" means prescribed by rules made under this Act;
(xxii) "production" means the separation of opium, poppy straw, coca
leaves or cannabis from the plants from which they are obtained:
(xxiii) "psychotropic substance" means any substance, natural or S)'!lthetic,
or any natural material or any salt or }?reparation of such substance
or material included in the list of psychotropic substances specified
in the Schedule;
1
[(xxiiia) "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.]
(xxiv) 'to import inter-State" means to bring into a State or Union territory
in India from another State or Union territory in India;
(xxv) "to import into India", with its grammatical variations and cognate
exEressions, means to bring into India from a place outside India and
includes the bringing into any port or airport or place in India of a
narcotic drug or a l?sychotropic substance intended to be taken out
of India without being removed from the vessel, aircraft, vehicle or
any other conveyance in which it is being carried.
Explanation.-For the purposes of this clause and clause (xxvi), "India"
includes the territorial waters of India;
(xxvi) "to export from India", with its atical variations and co ate
expressions, means to take out of India to a place outside India;
(xxvii) "to export inter-State" means to take out of a State or Union territory
in Indfa to another State or Union territory in India;
(xxviil) "to transport" means to take from one place to another within the
same State or Union territory;
2[(xxviiia) "use", in relation to narcotic drugs and psychotropic substances,
means any kind of use except personal consumption;]
(xxix) words and expressions used herein and not defined but defined in
the Code of Criminal Procedure, 1973 (2 of 1974) have the meanings
respectively assigned to them in that Code.
Explanatfon.-For the purposes of clauses (v), {vi), (xv) and (xvi) the
percentages in the case of liquid preparations shall be calculated on the basis that
a preparation containing one per cent. of a substance means a pr aration in
which one _gram of substance, if solid, or one mililitre of substance, if liquid, is
contained m every one hundred mililitre of the preparation and so on in
proportion for any greater or less percentage:
l¾ovided t the Central Government may, having regard to the
developments m the field of methods of calculatin percentages in liquid
preparations prescribed, by rules, any other basis which 1t may deem appropriate
for such calculation.
NOTIFICATION
In exercise of the powers conferred l,y clause (viiia) of section 2 of the Narcotic D gs and
Psyc_hotropic Su6stances Act, 19'k5 (51 of 1985), the Centro/ Government hereby noH far
medical atid scientific use, the fol/(IWing narcotic drugs to br essmtutl nJJrcotic druts, namely:-
(1) Methyl morphine (commonly known as 'Codeine') and Ethyl morphine and their
salts (including Dionine), all dilutions and preparations except those which are
compo_ui:ided with one or more other ingredients and containing not more than
100 m1lhgrammes of the drug per dosage unit and with a concentration of not
1. Ins. by Act 9 of 2001, sec. 3 (w.e.f. 2-10-2001).
2. Ins. by Act 2 of 1989, sec. 3 (w.e.f. 29-5-1989),
8 The Narcotic Drogs and Psychotropic Substancss Act. 1985 [Sec. 2

more than 2.5% in undivided preparations and which have been established in
therapeutic practice;
(2) 1-phenethyl-4--N - propionylanilino-piperidine (the international-non-proprietary
name of which is Fentanrl).and its salts and preparations, admixtures, extracts or
other substances containing any of these drugs;
(3) Dihydrocodeinone (commonly known as Hydrocodone), its salts (sul:h as
Dicodide, Codinovo, Diconone, Hycodan, Multacodin, Nyodide, Ydroced and the
like) and its esters and salts of its esters, and preparations, admixtures, extracts or
other substances rontaininl$" any of these drugs;
(4) 4:4-diphenyl-6-dimethylarruno-heptanone-3 (otherwise known as 6-dimethyl
amino 4: 4-diphenyl-3- tanone and as Methadone) and its salts such as
(Adanon, Al2olysin, Amidone, Amdosan, Butalg:iit, Depridol, Diaminon, Dianone,
Dolafin, Dolamid, Dolphine, Doriexol, Heptadol, Heptanal, Hoechst, 10820,
Detalgine, Mecodin, M on, Mephenon, Miadone, Moheptal, Physeptone,
Psysopeptone, Polamidon, Simron, Tum.anon and the like) and preparations,
adinixtu[es, extracts or other substances contairung any of these drugs;
(5) Morphine and its salts and all preparations containing more than 0.2 per cent. of
Morphine;
(6) Dihydroxy Codeinone (comm.only known as Oxy-codone, and
Dihydroxycodeinone), its salts (such as Eucodal, Boncodal, Dinarmn,
Hydrolaudin, Nucodan, Percodan, Scophedal, Tebodol and the like), its esters and
the salts of its esters and preparations, admixtures, extracts or other substances
containing a of these drugs.
[Vide S.O. 1181(.b:), dated 5th May, 2015, published. in the Gazette of India, Extra., Pt.
11, Sec. 3(ii), No. 923, dated 5th May, 2015.]
COMMENTS
(i) A person, who assists a narcotics trafficker in concea the narcotiC:1 in his
apartment so that the trafficker may avoid detection, is involved'in illicit traffic; R v.
J,d,on, (1977) 35 CCC (2d) 331.
(ii) It may be noted that clause (iv) of section 2 (villa) is independent of other clauses
and is in the nature of a residuary provision. It would include an activity of distribution;
R. Parkash v. State of_ Karnatalw, (1980) Cr LJ 165.
{iii) The definition of the term 'manufacture' as contained in section. 2{x) is an
inclusive one. Where the definition is an inclusive definition, the word not only bears its
ordinary, p lar and natural sense whenever that would be applicable but it also bears
its extended statutory meaning; S. K. Gupta v. K.P. [llin, AIR 1979 SC 734.
(iv) Heroin being an oeium is manufactured drug; T.Paul Kuki v. State of West Bengul,
(1993) 3 Crimes 660 (Cal) (DB).
(v) It is true that opium is substance which once seen and smelt can never be
forgotten because opium a characteristic appearance and a very strong and
characteristic scent. It is possible for people to identify opium without havmg to subject
the product to a chemical analysi... It is only when opmm is in a mixture so diluted that
its essential characteristics are not easily visible or capable of being apprehended by the
senses that a chemical analysis may be necessary; Baidyarurth Mishra v. State of Orissa,
(1967) SCD 1165: 34 Cut LT L
Chemical analysis
Necessity of chemical analysis is only when opium is in a mixture so diluted that its
e,sential characteristics are not easily visible or capable of being rom hended by the
senses. In case opium is not mixed u with anr. other material, its chermcal analysis lS not
required at all; Rarjit Singh v. State Of Punjab, (2011) 4 SCC 441: ff 2011 (4) SC 100: (2011)
4 SCALE 116: 2011 Cr LJ 2332.
Word "Coagulated" - Meaning Theory
The word "coamtlated" occurring in section 2(xv)(a) means solidified, clotted,
curdled-something which has commenced in curded/solid form; Harju Singh v. Stak of
Punjab, (2011) 4 St'C 441: ff 2011 (4) SC 100: (2011) 4 SCALE 116: 20'"11 Cr LJ 2332.
3. Power to add to or omit from the 1lst of psychotropic substances.-The
Central Government may, if satisfied that it is necessary or expedient so to do on
the basis of-
(a) the information and evidence which has become available to it with
respect to the nature and effects ot and the abuse or the scope for
Sec. 4} The Narcotic Drugs and Psychotropic Substances Ac 1985 9

abuse of, any substance (natural or synthetic) or natural material or

any salt or preparation of such substance or material; and
(b) the mcxiifications or provisions (if any) which have been made to, or
in any International Convention with respect to such substance,
natural material or salt or preparation of such substance or material.
by notification in the Official Gazette, add to, or, as the case may be, omit from,
the list of psychotropic substances specified in the Schedule such substance or
natural material or salt or preparation of such substance or material.
CHAPTER If
AUTHORITIES AND OFFICERS
4. Central Government to take measures fur preventing and combating
abuse of and illicit traffic in narcotic drugs, etc.---(1) Subject to the provisions
of the Act, the Central Government shall take all such measures as it deems
necessary or expedient for the purpose of preventing and combating abuse of
narcotic drugs and psychotropic substances and the illicit traffic therein 1(and for
ensuring their medical and scientific use}.
(2) In particular and without prejudice to the generality of the provisions of
sub-section (1), the measures which the Central Government may take under the
sub-section include measures with respect to all or any of the following matters,
namely:-
(a) coordination of actions by various officers, State Governments and
other authorities-
(i) under this Act, or
(ii) under any other law for the time being in force in connection
with the enforcement of the provisions of this Act;
(b) obligations under the International Conventions;
(c) assistance to the concerned authorities in foreign countries and
concerned international organisations with a view to facilitating
coordination and universal action for prevention and suppression of
illicit traffic in narcotic drugs and psychotropic substances;
(d) identification, treatment, education, after care, rehabilitation and
social re-integration of addicts;
2((da) availability of narcotic drugs and psychotropic substances for

medical and scientific use;]

{e) such o er matters as the Central Government deems necessary or
expedient for the purpose of securing the effective implementation
of the provisions of this Act and preventing and combating the
abuse of narcotic drugs and psychotropic substances and illicit traffic
therein.
{3) The Central Government may, if it considers it necessary or expedient so
to do for the purpooes of this Act, by order, published in the Official Gazette,
constitute an authority or a hierarchy of authorities by such name or names as
may be specified in the order for the purpose of exercising such of the powers
and functions of the Central Government under this Act and for taking measures
with respect to such of the matters referred to in sub-section (2) as may be
mentioned in the order, and subject to the supervision and control of the Central
1. Ins. by Act 16 of 2014. sec. 3(a) (w.e.f. 1-5-2014, vide S.O. 11S3(E), dated 30th April, 2014).
2. Ins. by Act 16 of 2014, . 3(b) (w.e.f. 1-5-2014, vidr 5.0. 11S3(E), dated 30th April. 2rl1.<l\
 10 The Narcotic Drugs and Psychotropic Substances Act, 1985 (Sec. 4

Government and the provisions of such order, such authority or authorities may
exercise the powers and take the measures so mentioned. in the order as if such
authority or authorities had been empowered by this Act to exercise those
powers and take such measures.
COMMENTS
Section 4(1) o( the Act does not create the Narcotics Control Bureau. It only
authorizes the Central Government to take all such measures as it deems necessary or
expedient for the purpose of preventing and combating abuse of narcotic drugs and
psychotropic substances and the illicit traffic therein; State v. Ku/want Singh, AIR 2003 SC
1599.
5. Officers of Central Government.-(]) Without prejudice to the provisions
of sub-section (3) of section 4, the Central Government shall appoint a Narcotics
Commissioner and may also appoint such other officers with such designations
as it thinks fit for the purposes of this Act.
(2) The Narcotics Commissioner shall, either by himself or through officers
subordinate to him, exercise all powers and perform all functk,ns relating to the
superintendence of the cultivation of the opium poppy and production of opium
and shall also exercise and perform such other powers and functions as may be
entrusted to him by the Central Government.
(3) The officers appointed under sub-section (1) shall be subject to the
general control and direction of the Central Government, or, if so directed by
that Government, also of the Board or any other authority or officer.
6. The Narcotic Drugs and Psychotropic Substances Consultative
Committee.-(!) The Central Government may constitute, by notification in the
Official Gazette, an advisory committee to be called "The Narcotic Drugs and
Psychotropic Substances Consultative Committee" (hereafter in this section
referred to as the Committee) to advise the Central Government on such matters
relating to the administration of this Act as are referred to it by that Government
from time to time.
(2) The Committee shall consist of a Chairman and such other members, not
exceeding twenty, as may be appointed by the Central Government.
(3) The Committee shall meet when required to do so by the Central
Government and shall have power to regulate its own procedure.
(4) The Committee may, if it deems it necessary so to do for the efficient
discharge of any of its functions constitute one or more sub-committees and may
appoint to any such sub-committee, whether generally or for the consideration
of any particular matter any person (including a non-official) who is not a
member of the Committee.
(5) The term of office of, the manner of filling casual vacancies in the offices
of and the allowances, if any, payable to, the Chairman and other members of
the Committee, and the conditions and restrictions subject to which the
Committee may appoint a person who is not a member of the Committee as a
member of any of its sub-committees, shall be such as may be prescribed by rules
made by the Central Government.
7. Officers of State Govemment.-(1) The State Government may appoint
such officers with such designations as it thinks fit for the purposes of this Act.
(2) The officers appointed under sub-section (1) shall be subject to the
general control and direction of the State Government, or, if so directed by that
Government also of any other authority or officer.
Sec. BJ The Narcotic Drugs and Psychotropic Substances Act, 1985

'(CH.4PTER /IA
NATIONAL FUND FOR CONTROL OF DRUG ABUSE
7A. National Fund for Control of Drug Abuse.--(1) The Central
Government may, by notification in the Official Gazette, constitute a Fund to be
called the National Fund for Control of Drug Abuse (hereafter in this Chapter
referred to as the Fund) and there shall be credited thereto-
(al an amount which the Central Government may, after due
appropriation made by Parliament by law in this behalf, provide;
(b) the sale proceeds of any property forfeited under Chapter VA;
{c) any grants that may be made by any person or institution;
(d) any income from investment of the amounts credited to the Fund
under the aforesaid provisions.
2[(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;
(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.]
(4) The Governing Body shall consist of a Chairman (not below the rank of
an Additional Secretary to the Central Government) and such other members not
exceeding six as the Central Government may appoint.
(5) The Governing Body shall have the power to regulate its own procedure.
7B. Annual report of activities financed under the fund.-The Central
Government shall, as soon as may be, after the end of each financial year, cause
to be published in the Official Gazette, a report giVlllg an account of the activities
financed under section 7A during the financial year, together with a statement of
accounts.]

CHAPTER l/1
PROHIBITION, CONTROL AND REGULATION
8. Prohibition of certain operations.-No person shall-
(a) cultivate any coca plant or gather any portion of coca plant; or
(b) cultivate the opium poppy or any cannabis plant; or

1. Chapter HA (containing sections 7A and 7B) ins. by Act 2 of 19S9, i.t:!C. 4 (w,e.f. 29-5-1989).
2. Sub . by Act 9 of 2001, sec. 4, for sub-sections (2) and (3) (w.e.f. 2·10-2001).
12 Th9 Narcotic Drugs and Psychotropic Substances Act, 1985 [See. 8

(c) produce, manufacture, possess, sell, purchase, transport, warehouse,

use, consume, import inter-State, export inter-State, import into
India, export from India or tranship any narcotic drug or
psychotropic substance,
except for medical or scientific purposes and in the manner and to the extent
provided by the provisions of this Act or the rules or orders made thereunder
and in a case where any such provision, imposes any requirement by war of
licence, permit or authorisation also in accordance with the terms and conditmns
of such licence, permit or authorisation:
Provided that, and subject to the other provisions of this Act and the rules
made thereunder, the prohibition against the cultivation of the cannabis plant for
the production of ganja or the production, ion, use, consumption,
purchase, sale, transport, warehousmg, impart inter-State and export inter-State
of ganja for any purpose other than medical and scientific purpose shall take
effect only from the date which the Central Government may, by notification in
the Official Gazette, specify in this behalf:
1
[Provided further that nothing in this section shall apply to the export of
poppy straw for decorative purposes.]
COMMENTS
(i) There need be no physical connection between the goods and the person charged.
A man mar be miles and miles away from the goods and yet if proof is available that he
had an interest in or was concerned in illegal importation of goods he would be guilty
of the offence; Addi. Collector of Customs v. Sitaram Agarwalla, AIR 1962 Cal 242 approved
in Radha Kishan v. Union of IndiR, AIR 1965 SC 1072.
(ii) If the person possessing the drugs or substances does not carry himself but
entrusts the same to some other person for carriage in a car, then that person (driver of
the car) would be the person who transports the said drugs and the person who directs
him to do so would be the abettor of the offence of transporting; Narvir Chand v. State,
(1952) Cr LJ 246.
(iii) All manufactured drugs are also narcotic drugs, possession of whkh is
prohil,ited under this section; T. Ptmi Kuki v. State of West Bengal, (1993) 3 Crimes 660 (Cal)
(DB).
Pos1ession of Contraband
To.hold a person guilty, posseS5ion has to beconscious. Control over the goods is one
of the tests to ascertain conscious possession so also the title. Once an article is found in
possession of an accused it could be presumed that he was in conscious possession; Ram
Singh v. Central Burer1u of Narcotics, AIR 2011 SC 2490: (2011) 11 SCC 347: (2011) 6 SCALE
243: 2011 Cr LJ 3579.
2[8A. 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
1. Ins. by Act 2 of 1989, sec. 5 (w.e.i 29--5--1989).
, Ins. by Act 9 of 2001, sec. 5 (w.eJ. 2-10-2001).
Sec. 9} The Narcotic Drugs and Psychotropic SubstaneeS A 1985 13

(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.]
9. Power of Central Government to permit, control and regulate.-(1)
Subject to the provisions of section 8, the Central Government may, by rules-
(a) permit and regulate-
(i) the cultivation, or gathering of any portion (such cultivation or
gathering being only on account of the Central Government) of
coca plant, or the production, possession, sale, purchase,
transport, import inter-State, export inter-State, use or
consumption of coca leaves;
(ii) the cultivation (such cultivation being only on account of Central
Government) of the opium poppy;
(iii) the production and manufacture of opium and production of
poppy straw;
1[(iiia) the possession, transport, import inter-State, export inter-State,
warehousing, sale, purchase, consumption and use of poppy
straw produced from plants from which no juice has been
extracted through lancing;]
(iv} the sale of opium and opium derivatives from the Central
Government factories for export from India or sale to State
Government or to manufacturing chemists;
(v) the manufacture of manufactured drugs (other than prepared
opium) but not including manufacture of medicinal opium or
any preparation containing any manufactured drug from
materials which the maker is lawfully entitled to possess;
21(va) the manufacture, possession, transport, import inter-State,

export inter-State, sale, purchase, consumption and use of

essential narcotic drugs:
Provided that where, in respect of an essential narcotic drug.
the State Government has granted lkence or permit under the
provisions of section 10 prior to the commencement of the
Narcotic Drugs and Psychotropic Substances {Amendment)
Act, 2014 (16 of 2014), such licence or permit shall continue to be
valid till the date of its expiry or for a period of tvvelve months
from such commencement, whichever is earlier;)
(vi) the manufacture, possession, transport import inter-State, export
inter-State, sale, purchase, consumption or use of psyd1otropic
substances;
(vii) the import into India and export from India and transhipment of
narcotic drugs and psychotropic substances;
(b) prescribe any other matter requisite to render effective the control of
the Central Government over any of the matters specified in clause
(a).
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may-
1. Ins. by Ad 16 of 2014, sec. 4(a)(i) (w.e.f. 1-5-2014, vide S.O. 1183(E), dated 30th April, 2014).
2. Ins. by Act 16 of 2014, sec. 4{a)(ii) (w.e.f. 1-5-201-t, vide S.O. ttS:l(E), dated 30th April, 2014).
14 ThB Narcotic Drugs and Psychotropic Substances Act, 1985 [Sec_ 9

(a) empower the Central Government to fix from time to time the limits
within which licences may be given for the cultivation of the opium
poppy;
(b) require that all opium, the produce of land cultivated with the
opium poppy, shall be delivered by the cultivators to the officers
authorised in this behalf by the Central Government;
(c) prescribe the forms and conditions of licences for cultivation of the
opium poppy and for production and manufacture of opium; the
fees that may be charged therefor; the authorities by which such
licences may be granted, withheld, rehtsed or cancelled and the
authorities before which appeals against the orders of withholding,
refusal or cancellation of licences shall lie;
(d) prescribe that opium shall be weighed, examined and classified
according to its quality and consistence by the officers authorised in
this behalf by the Central Government in the presence of the
cultivator at the time of delivery by the cultivator;
(e) empower the Central Government to fix from time to time the price
to be paid to the cultivators for the opium delivered;
(f) provide for the weighment, examination and classification,
according to the quality and consistence, of the opium received at
the factory and the deductions from or additions (if any) to the
standard price to be made in accordance with the result of such
examination; and the authorities by which the decisions with regard
to the weighment, e"-'-mination, classification, deductions or
additions shall be made and the authorities before which appeals
against such decisicns shall lie;
{g) require that opium delivered by a cultivator, if found as a result of
examination in the Central Government factory to be adulterated,
may be confiscated by the officers authorised in this behalf;
(h) prescribe the forms and conditions of licences for the manufacture of
manufactured drugs, the authorities by which such licences may be
granted and the fees may be charged therefor;
1((ha) prescribe the forms and conditions 0£ licences or permits for the

manufacture, possession, transport, import inter-State, export inter-

Slate, sale, purchase, consumption or use of essential narcotic drugs,
the authorities by which such licence or permit may be granted and
the fees that may be charged therefor;]
(i) prescribe the forms and conditions of licences or permits for the
manufacture, possession, transport, import inter-State, export inter-
State, sale, purchase, consumption or use of psychotropic substances,
the authorities by which such licences or permits may be granted
and the fees that may be charged therefor;
G) prescribe the ports and other places at which any kind of narcotic
drugs or psychotropic substances may be imported into India or
exported from India or transhipped; the forms and conditions of
certificates, authorisations or permits, as the case may be, for such
import, export or transhipment; the authorities by which such
J-. ln-, ,y A-<t 1c6. of 2014, sec. 4 (b) (w.e.f. 1-5-2014, uide S.O. ll83(E), dated 30th ApriL 2014).
Sec. 10) The Narcotic Drugs and Psychotropic Substance$ Act, 1985 15

certificates, authorisations or permits may be granted and the fees

that may be charged therefor.
1(9A. Power to control and regulate contro1led substances.-(!) If the

Central Government is of the opinion that, having regard to the use of any
controlled substance in the production or manufacture of any narcotic drug or
psych(Jtropic substance, it is necessary or expedient so to do in the public
interest, it may, by order, provide for regulating or prohibiting the production,
manufacture, supply and distnbution thereof and trade and commerce therein.
(2) Without prejudice to the generality of the power confE>rred by sub-section
(1), an order made thereunder may provide for regulating by licences, permits or
otherwise, the production, manufacture, possession, transport, import inter-State,
export inter-State, sale, purchase, consumption, use, storage, distribution,
disposal or acquisition of any controlled substance.]
10. Power.of State Government to permit, control and regulate.-(1) Subject
to the provisions of section 8, the State Government may, by rules-
(a) permit and regulate-
(i) the possession, transport, import inter-State, export inter-State,
warehousing, sale, purchase, consumption and use of poppy
straw 2(except poppy straw produced from plants from which
no juice has been extracted through lancing];
(ii) the possession, transport, import inter-State, export inter-State,
sale, purchase, consumption and use of opiwn;
(iii) the cultivation of any cannabis plant, production, manufacture,
possession, transport, import inter-State, export inter-State, sale,
purchase consumption or use of cannabis (excluding charas);
(iv) the manufacture of medicinal opium or any preparation
containing any manufactured drug from materials which the
maker is lawfully entitled to possess;
(v) the possession, transport, purchase, sale, import inter-State,
export inter-State, use or consumption of 3[manufactured drugs
(other than prepared opium and essential narcotic drugs}] and of
coca leaf and any preparation containing any manufactured
drug;
{vi) the manufacture and possession of prepared opium from opium
lawfully possessed by an addict registered with the State
Government on medical advice for his personal consumption:
Provided that save in so far as may be expressly provided in the
rules made under sub-clauses (iv) and (v), nothing in section 8 shall
apply to the import inter-State, export inter-State, transport,
possession, purchase, sale, use or consumption of manufactured
drugs which are the property and in the possession of the
Government:
Provided further that such drugs as are referred to in the
preceding proviso shall not be sold or otherwise delivered to any
person who, m1der the rules made by the State Government under
the aforesaid sub-clauses, is not entitled to their possession;
------
1
. Ins. by Act 2 011989, sec. 6 (w.e.f. 29-5-1989).
2.Ins. by Act 16 of 2014, sec. 5(.-) (w.e.f. 1-5-2014, vide S.O. 1183(E), dated 30th April, 2014).
3.Subs. by Act 16 of 2014, sec. S(b), for "manufactured drugs other th.-n prt>pared opiumu (w.e.f.
1-5-2014, vide 5.0. 1183(E), dated 30th April, 2014).
16 The Narcotic Drugs and Psychotropic Subsrances Act, 1985 [Sec. 10

(b) prescribe any other matter requisite to render effective the control of
the State Government over any of the matters specified in clause (a).
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may-
(a) empower the State Government to declare any place to be
warehouse wherein it shall be the duty of the owners to deposit all
such poppy straw as is legally imported inter-State and is intended
for export inter-State or export from India; to regulate the safe
custody of such poppy straw warehoused and the removal of such
poppy straw for sale or export inter-State or export from India; to
levy fees for such warehousing and to prescribe the manner in which
and lhe period after which the poppy straw warehoused shall be
disposed of in default of payment of fees;
(b) provide that the limits within which licences may be given for the
cultivation of any cannabis plant shall be fixed from time to time by
or under the orders of the State Government;
(c) provide that only the cultivators licensed by the prescribed authority
of the State Government shall be authorised to engage in cultivation
of any cannabis plant;
(d) require that all cannabis, lhe produce of land cultivated with
cannabis plant, shall be delivered by the cultivators lo the officers of
the State Government authorised in this behalf;
(e) empower the State Government to fix from time to time, the price to
be paid to the cultivators for the cannabis delivered;
(f) prescribe the forms and conditions of licences or permits for the
purposes specified in sub-clauses (i) to (vi) of clause (a) of sub-
section (1) and the authorities by which such licences or permits may
be granted and the fees that may be charged therefor.
11. Narcotic drugs and psychotropic substances, etc,, not liable to distress
or attachment.-Notwithstanding anything to the contrary contained in any law
or contract, no narcotic drug, psychotropic substance, coca plant, the apium
poppy or cannabis plant shall be liable to be distrained or attached by any person
for the recovery of any money under any order or decree of any court or
authority or otherwise.
12. Resbictions over external dealings in narcotic drugs and psychotropic
substances.-No person shall engage in or control any trade whereby a narcotic
drug or psychotropic substance is obtained outside India and supplied to any
person outside India save with the previous authorisation of the Central
Government and subject to such conditions as may be imposed by that
Government in this behalf.
13. Special provisions relating to coca plant and coca leaves for use in the
preparation of flavouring agent.-Notwithstanding anything contained in
section 8, the Central Government may permit, with or without conditions, and
on behalf of Government, the cultivati.on of any coca plant or gathering of any
portion thereof or the production, possession, sale, purchase, transport, imporl
inter-State, export inter-State or import into India of coca leaves for use in the
preparation of any flavouring agent which shall not contain any alkaloid and to
the extent necessary for such use.
14. Special provision relating to cannabis.-Notwithstanding anything
contained in section 8, Government may, by general or special order and subject
to such conditions as may be specified in Sl.\Ch order, allow cultivation of any
Sec. 17] The Narcotic Drugs and Psychotropic Substances Act, 1985 17

cannabis plant for industrial purposes only of obtaining fibre or seed or for
horticultural purposes.
CHAPTER IV
OFFENCES AND PENALTIES
1
[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 2[one year], 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.I
3{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 p_roduces, 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 or with fine which may extend to one lakh rupees.]
4
[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 5[one year1, 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
------ -
Subs. by Ad 9 of 2001, sec. 6, fur section 15 (w.e.f. 2-10-2001).
1.
2. Subs. by Act 16 of 2014, sec. 6, for "six months" (w.e.f. 1-5-2014, vide 5.0. 1183(E), dated 30th
April, 2014).
3.Subs. by Act 9 of 2001, sec. 6, for section 16 (w.e.f. 2-10-2001).
4. Subs. by Act 9 of 2001, sec. 6, for section 17 (w.e.f. 2·10-2001).
5. Subs. by Act 16 of 2014, sec. 7, for "six months" (w.e.I. 1-5-2014, 11ilie 5.0. 1183(E). dated 30th
April, 2014).
18 The Narcotic Drugs and Psychotropic Substancss Act, 1985 [Sec. 17

(c) where the contravention lllvolves commercial quantity, with

rigorous imprisonment for a term which shall not be less than ten
years but which may extend to twenty years and shaU also be liable
to fine which shall not be less than one lakh rupees but which may
extend to two Iakh rupees:
Provided that the court may, for reasons to be recorded in the judgment,
impose a fine exceeding two lakh rupees.}
1[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 tenn which may extend to 2[one yearL 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.]
19. Punishment for embezzlement of apium by cultivator.-Any cultivator
licensed to cultivate the opium poppy on account of the Central Government
who embezzles or otherwise illegally disposes of the opium produced or any part
thereof, shall be punishable 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 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.
20. Punishment for contravention in relation to cannabis plant and
cannabis.-Whoever, in contravention of any provisions of this Act or any rule
or order made or condition of licence granted thereunder,-
(a) cultivates any cannabis plant; or
(b) produces, manufactures, possesses, sells, purchases, transports,
imports inter-State, exports inter-State or uses cannabis, shall be
punishable-----
l[(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 Iakh rupees;
and
(ii) where such contravention relates to sub-clause (b),-

l. Subs. by Act 9 of 2001, sec. 6, for section 18 (w.eJ. 2-10-2001).

2. Sub3. by Act 16 of 2014, sec. 8, for "six DWnths" (w.e.f. 1-5-2014, vide S.O. llSl(E), dated 30th
April, 2014).
3. Subs. by Act 9 of 2001, sec. 7, for sub-clawu_-s (i) and (ii) (w.e.f. 2-10-2001).
Sec. 221 The Narcotic Drugs and Psychotropic Substances Act, 1985 19

(A) and involves small quantity, with rigorous imprisonment for

a tenn which may extend to 1[one year], 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.]
2(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 manufactuered
drug shall be punishable,-
(a) where the contravention involves small quantity, with rigorous
imprisonment for a term which may extend to 3[one year], 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 m.:iy
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.)
4(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 5[one yearJ, or with
fine which may extend to ten thousand rupees or with both;
-----
Sul:>s. by Act 16 of 2014, s«. 9, for usix monthsu (w.e.f. 1-5-2014, vide 5.0. 1183(£), d3ted 30th
1.
April,. 2014).
2.Subs. by Act 9 of 2001, 5ee. 8, for 5eetion 21 (w.e.f. 2-10-2001).
3.Subs. by Act 16 of 2014, s«. 10, for "six months" (w.e.f. 1-5-2014, mde S.O. 1183{E), dated 30th
April, 2014).
4.Subs. by Act 9 of 2001, sec. 8, for section 22 (w.e.f. 2-10-2001).
5.Subs. by Act Hi of 2014, sec. 11, for "si,,; months" (w.e.f. 1-5-2014, vide S.0. 1183(E), dated 30th
April, 2014).
20 The Narcotic Drugs and Psychotropic Substances Act, 1985 (Sec. 22

(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,]
1
[23. Punishment for illegal import in to 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 2[one year), 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.]
24. Punishment for external dealings in narcotic drugs and psychotropic
substances in contravention of section 12-Whoever engages in or controls any
trade whereby a narcotic drug or a psychotropic substance is obtained outside
India and supplied to any person outside India without the previous
authorisation of the Central Government or otherwise than in accordance with
the conditions (if any) of such authorisation granted under section 12, shall be
punishable 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 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.
3
[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
I. Subs. by Act 9 of 2001, sec. 8, for section 23 (w.e.f. 2-10-2001).
2 Subs. by Act 16 of 2014, sec. 12, for "six months" (w.e.f. 1-5-2014, uide S.O. 1183(E), dated 30th
April, 2014).
3. Subs. by Act 9 of 2001, sec. 9, for section 25{w.e.f. 2-10-2001).
Sec. 27A] The Narcotic Drugs and Psychotropic Substances Act, 1985 21

punishable under any provision of this Act, shall be punishable with the
punishment provided for that offence.]
1[25A. Punishment for contravention of orders made under section 9A.-If
any person contravenes an order made under section 9A, he shall be punishable
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:
Provided that the court may, for reasons to be recorded in the judgment,
impose a fine exceeding one lakh rupees.]
26. Punishment for certain acts by licensee or his servants.-If the holder
of any licence, permit or authorisation granted under this Act or any rule or
order made thereunder or any person in his employ and acting on his behalf-
(a) omits, without any reasonable cause, to maintain accounts or to
submit any return in accordance with the provisions of this Act, or
any rule made thereunder;
(b) fails to produce without any reasonable cause such licence, permit or
authorisation on demand of any officer authorised by the Central
Government or State Government in this behalf;
(c) keeps any accounts or makes any statement which is false or which
he knows or has reasons to believe to be incorrect; or
(d) wilfully and knowingly does any act in breach of any of the
conditions of licence, permit or authorisation for which a penalty is
not prescribed elsewhere in this Act,
he shall be punishable with imprisonment for a term which may extend to three
years or with fine or with both.
COMMENTS
It is well settled that a licensee is responsible for the ad of his employee done within
the scope of his authority although contrary to lhe instructions of the licensee; Allen v.
Whitehead, (1930) 1 KB 211.
2(27. Punishment for consumption of any narcotic drug or psychotropic

substance.-Whoever, consumes 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 duase (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.)
3
[27A, Punishment for financing illicit traffic and harbouring offenders.-
Whoever indulges in financing, directly or indirectly, any of the activities
specified in sub-clauses (i) to (v) of clause (villa) of section 2 or harbours any
1. lmJ. by Act 2 Of 1939, sec. 7 (w.e.f. 29-5-1939).
2. Subs. by Act 9 of 2001, sec. 10, for section 27 (w.e.f. 2-10-2001).
3. Ins. by Act 2 of 1989, sec. 8 (w.e.f. 29-5-1989).
22 The Narcotic Drugs and Psychotropic Substances Act, 1985 [Sec. 27A

person engaged in any of the aforementioned activities, shall be pwlishable 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].
1(27B. Punishment for contravention of section SA.-Whoever contravenes

the provision of section SA shall be punishable with rigorous imprisonment for

a term which shaU not be less than three years but which may extend to ten years
and shall also be liable to fine.]
28. Punishment for attempls to commit offences.-Whoever attempts to
commit any offence punishable under this Chapter or to cause such offence to be
committed and in such attempt does any act towards the commission of the
offence shall be punishable with the punishment provided for the offence.
COMMENTS
There is a thin line between !he preparation for and an attempt to commit an offence.
Undoubtedly a culprit first intends to commit the offence, then makes preparation for
committing it and thereafter attempts to commit !he offence. If the attempt succeeds, he
has committed the offence; if it fails, he is said to have attempted to commit the offence.
Attempt to commit an offence, therefore, can be said to begin when the preparations are
complete and the culprit commences to do something with the intention of committing
the offence and which is a step towards the commission of the offence. The moment he
commences to do an act with the necessary intention, he commences his attempt to
commit the offence; Abhayanand Mishra v. State of Bihar, AIR 1%1 SC 1698.
29. Punishment for abetment and criminal conspiracy.-(1) Whoever abets,
or is a party to a criminal conspiracy to commit an offence punishable under this
Chapter, shall, whether such offence be or be not committed in consequence of
such abetment or in pursuance of such criminal conspiracy, and notwithstanding
anything contained in section 116 of the Indian Penal Code (45 of 1860), be
punishable with the punishment provided for the offence.
(2) A person abets, or is a party to a criminal conspiracy to commit, an
offence, within the meaning of this section, who, in India abets or is a party to the
criminal conspiracy to the commission of any act in a place without and beyond
India which-
(a) would constitute an offence if committed within India; or
(b) under the laws of such place, is an offence relating to narcotic drugs
or psychotropic substances having all the legal conditions required
to constitute it such an offence the same as or analogous to the legal
conditions required to constitute it an offence pUl'.ishable ru1der this
Chapter, if committed within India.
COMMENTS
Where a person possessing illicit drug does not carry it himself but entrusts it to
some other person for carriage in a car and that person carries it knowingly, then the
driver of the car would be lhe person who transports the drug, and the person who
directs him to do so would be the abettor of the offence of transporting; Narvirchan.d v. The
State, (1952) Cr LJ 246.
30. Preparation.-If any person makes preparation to do or omits to do
anything which constitutes an offence punishable under any of the provisions of
I. Ins. by Act 16 of 2014, sec. 13 (w.e.f. 1-5-2014, vide S 0. 1183(E), dated 30th April, 2014).
Sec. 311 The Narcotic Drugs and Psychotropic Substances Act, 1985 23

1[sections 19, 24 and 27A and for olfences involving commercial quantity of any
narcotic drug or psychotropic substance and from the circumstances of the case}
it may be reasonably inferred that he was determined to carry out his intention
to commit the offence but had been prevented by circumstances independent of
his will, he shall be punishable with rigorous imprisonment for a term which
shall not be less than one-half of the minimum term (if any), but which may
extend to one-half of the maximum term, of imprisonment with which he would
have been punishable in the event of his having committed such offence, and also
with fine which shall not be less than one-half of the minimum amount (if any),
of fine with which he would have been punishable, but which may extend to one-
half of the maximum amount of fine with which he would have ordinarily (that
is to say in the absence of special reasons) been punishable, in the event
aforesaid:
Provided that the court may, for reasons to be recorded in the judgment,
impose a higher fine.
COMMENTS
For making out a case under this section against any person, it is not enough for the
prosecution to make out a case of mere preparation to commit an offence stated therein.
It has further to make out a case that a reasonable inference can be drawn from the
circumstances that if not prevented by circumstances independent of his will, that person
was determined to carry out his intention to commit the offence; D.N. Ariemo v. Mll.hesh
Kiimilr, (1986) 9 ECC 76.
2 [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 abehnent 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 3tone and one-half times of the maximum term] of
imprisonment and also be liable to fine which shall extend to 4[one and one-hall
times of the maximum amount) of fine.
(2) Where the person referred to in sub-section (1) is liable to berwushed
with a minimum tenn of imprisonment and to a minimum amount o fine, the
minimum punishment for such person shall be 5[ one and one-half times of the
minimum term} of imprisonment and 6(one and one-half times 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 pu:rposes of sub-sections (1) and (2)
as if he had been convicted by a court in India.J
1. Subs. by Act 9 of 2001, sec. 11, for certain word (w.e.f. 2-10-2001).
2. Subs, by Act 9 o( 2001, sec. 12, for section 31 (w.e.l. 2-10-2001).
3. Subs. by Act 16 of 2014, sec. 14{a)(i), for "one-half of the maximum term" (w.e.f. 1-5-2014, vide
S.O. 1183(E), dated 30th April, 2014).
4. Subs. by Act 16 of 2014, sec 14(a)(ii), for "one-half of the maximum amount" (w.e.f. 1-5-2014,
vide 5.0. 1183(E), dated 30th April, 2014).
5. Subs. by Act 16 of 2014, sec. 14(b)(i), for "one-half of the minimum term"{w.ei. 1-5-2014, vide
5.0. 1183(E), dated 30th April, 2014).
6. Subs. by Act 16 of 2014, sec. 14(b)(ii), for "one-half of the minimum amounl" (w.e.f. 1-5-2014,
vide S.0. 1183(E), dated 30th April, 2014).
24 ThB Narcotic Drugs and Psychotropic Substances Act, 1985 [Sec. 31A

1(31A.
Death penalty for certain offences after previous convidion (1)
Notwithstanding anything contained in section 31, if any person who has been
convicted of the commission of, or attempt to commit, or ahebnent of, or criminal
conspiracy to commit, any of the offences punishable under 2[section 19,
section 24, section 27A and for offences involving commercial quantity of any
narcotic drug or psychotropic substanceJ is subsequently convicted of the
commission of, or attempt to commit, or abetment of, or criminal conspiracy to
commit, an offence relating to-
(a) engaging in the production, manufacture, possession, transportation,
import into India, export from India or transhipment, of the narcotic
drugs or psychotropic substances specified under column (1) of the
Table below and involving the quantity which is equal to or more
than the quantity indicated against each such drug or substance, as
specified in column (2) of the said Table:
TABLE
Particulars of narcotic drugs/psychotropic substances Quantity
(!} (2)
(i} Opium IOKgs.
(ii) Morphine 1 Kg.
(iii) Heroin 1 Kg.
(iv) Codeine I Kg.
(v} Thebaine 1 Kg.
(vi) Cocaine 500 grams,
(vii) Hashish 20 Kgs.
(viii) Any mixture with or without any nautral
material of any of the above drugs J((esser of the quantity
between the quantities
given against the
respective narcotic drugs
or psychotropic substances
mentioned above forming
part of the mixture.)
(ix) LSD, LSD-25(+)-N, N Diethyllysergamide
{d-lysergic acid diethylamide) 500 grams
(x} THC (Tetrahydrocannabinols, the following Isomers :
6a (10a), 6a (7) 7, 8, 9, 10, 9 (11) and their stereochemkal
variants) 500 grams
(xi) Methamphetamine (+)-2-Methylamine-1-Phenylpropane 1,500 grams
(xii) Methaqualone (2-Methyl-3-0-toly1+(3h)-quinazolinone) 1,500 grams
(xiii) Amphetamine (+)-2-amino-l-phenylporpane 1,500 grams
(xiv) Salts and preparations of the psychotropic substances
mentioned in (ix) to (xii) 1,500 grams;
(b) financing, directly or indirectly, any of the activities specified in
clause (a), 4(shall be punished with punishment which shall not be
less than the punishment specified in section 31 or with death].
----
1 I.n s . by Act 2 of 1989, sec. 9 (w.e.l. 29-5--1989).
2. Subs. by Act 9 of 2001, sec. 13, for certain words (w.e.l. 2-10-2001).
3, Subs. by Act 9 of 2001, sec. 13, for fll,500 gramsfl (w.e.f. 2-10-2001).
4. Subs. by Act 16 of 2014, sec. 15, for shall be punished. with deeth" (w.e.f. 1•5-2014, vide
5.0. 1183(E), dated 30th April 2014).
Sec. 33] The Narcotic Drugs and Psychotropic Substances Act 1985 25

(2) where any person is convicted by a competent court of criminal

jurisdiction outside India under any law corresponding to the provisions of
1(section 19, section 24 or section 27A and for offences involving commercial
quantity of any narcotic drug or psychotropic substance}, such person, in respect
of such conviction, shall be dealt with for the purposes of sub-section (1) as if he
had been convicted by a court in India.]
32. Punishment for offence for which no punishment is provided.-
Whoever contravenes any provision of this Act or any rule or order made, or any
condition of any licence, permit or authorisation issued thereunder for which no
punishment is separately provided in this Chapter, shall be punishable with
imprisonment for a term which may extend to six months, or with fine, or with
both.
2(32A, No suspension, remission or commutation in any sentence awarded

under this Ad.-Notwithstanding anything contained in the Code of Criminal

Procedure, 1973 (2 of 1974) or any other law for the time being in force but
subject to the provisions of section 33, no sentence awarded under this Act (other
than section 27) shall be suspended or remitted or commuted..]
COMMENTS
Notwithstanding the absolute bar imposed by section 32A disarming the judiciary
from exercising power to suspend sentence passed against a convict under the Act excepl
lo the extent thal section 32A read with section 33 permit, the courls have the power,
under section 389 of lhe Code of Criminal Procedure, to suspend, in a given case, the
sentence passed against a convict under the Narcotic Drugs and Psychotropic Substances
Act; Dinesh Gayenko. v. State of Assam, 2008 (64) AIC 799,
3[32B. Factors to be taken into a«ounl 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
offences; and
(f) the fact that the offender is involved in other illegal activities
facilitated by commission of the offence.]
33. Applil.:ation of section 360 of the Code of Criminal Procedure, 1973 and
of the Probation of Offenders Ad, 1958.-Nothing contained in section 360 of
1. Subs. by Act 9 of 2001, sec. 13, for certain words (w.e.f. 2-10-2001).
2. lns. by Act 2 of 1989, sec. 10 (w.e.f. 29-5-1989).
3. Ins. by Act 9 of 2001, sec. 14 (w.e.f. 2-10-2001).
26 The Narcotic Drugs and Psychotropk: Substances Acr, 1985 (Sec. 33

the Code of Criminal Procedure, 1973 (2 of 1974) or in the Probation of Offenders

Act, 1958 (20 of 1958) shall apply to a person convicted of an offence under this
Act unless such person is under eighteen years of age or that the offence for
which such person is convicted is punishable under section 26 or section 27.
COMMENTS
The question ->f age of the person is relevant not for the purpose of determining his
guilt but only for the puqmse of punishment which he should suffer for the offence of
which he has been found on the evidence guilty; Ramji Missar v. State of Bihar, 1963 (2)
Cr LJ 173.
34. Security for abstaining from commission of offence.-(]) Whenever any
person is convicted of an offence punishable under any provision of Chapter IV
and the court convicting him is of opinion that it is necessary to require such
person to execute a bond for abstaining from the commission of any offence
under this Act, the court may, at the time of passing sentencf' on such person,
order him to execute a bond for a sum proportionate to his means, with or
without sureties, for abstaining from commission of any offence under Chapter
IV during such period not exceeding three years as it thinks fit to fix.
(2) The bona shall be in such form as may be prescribed by the Central
Government and the provisions of the Code of Criminal Procedure, 1973 (2 of
1974), shall, in so far as they are applicable, apply to all matters connected with
such bond as if it were a bond to keep the peace ordered to be executed under
section 106 of that Code.
(3) If the conviction is set aside on appeal or otherwise, the bond so executed
shall become void.
(4) An order under this section may also be made by an appellate court or
by the High Court or s sions Judge when exercising the powers of revision.
35. Presumption of culpable mental state.-{}) In any prosecution for an
offence under this Act which requires a culpable mental state of the accused, the
Court shall presume the existence of such mental state but it shall be a defence
for the accused to prove the fact that he had no such mental state with respect
to the act charged as an offence in that prosecution.
Explanaticm.-In this section "culpable mental state" includes intention,
motive knowledge of a fact and belief in, or reason to believe, a fact.
(2) For the purpose of this section, a fact is said to be proved only when the
court believes it to exist beyond a reasonable doubt and not merely when its
existence is established by a preponderance of probability.
COMMENTS
The presumption of culpable mental state of accused arises only after the evidence
proved beyond reasonable dOubt that accused of had th£ knowledge that vehicle owned
by him was being used for transporting narcotics; Bhola Singh v. State of Punjab, (2011) 11
SCC 653: JT 2011 (3) SC 392: (2011) 3 SCALE 495: 2011 Cr LJ 2296..
1[36. Constitution of Special Courts.-(1) The Government may, for the

purpose of providing speedy trial of the offences under this Act, by notification
tn tfte Official Gazette, constitute as many Special Courts as may be necessary for
such area or areas as may be specified in the notification.
(2) A Special Court shall consist of a single Judge who shall be appointed by
the Government with the concurrence of the Chief Justice of the High Court.
Explanation.-ln this sub-section, "High Court" means the High Court of the
State in wh:ch the Sessions Judge or the Additional Sessions Judge of a Special
Court was working immediately before his appointment as such Judge.
(3) A person shall not be qualified for appointment as a Judge of a Special
Court unless he is, immediately before such appointment, a Sessions J11dge or an
Additional Sessions Judge.]
1. Subs. by Act 2 of 1989, sec. 11, for section 36 (w.e.f. 29-5-1989).
Sec. 36A) The Narcotic Drugs and Psychotropic Substances Act, 1985 27

1[36A. 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 - :th 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 Speical 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 (2A) 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 W1.der 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 offenc 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 W1.der this Act, a Special Court may also try an
offence other than an offence under this Act with which the accused may, W1.der
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 duase (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.
1. Subs. by Act 9 of 2001, sec. 15 (w.e.f. 2-10-2001). Earlier section 36A was inserted by Act 2 of
1989, sec. 11 (w.e.f. 29-5-1989).
28 The Narcotic Drugs and Psychotropic Substances Act, 1985 [Sec. 36A

(4) In respect of persons accused of an offence punishable under section 19

or section 24 or section 27A 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 £or 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 imprisorunent fn,.
a term of not more than three years may be tried summarily.J
COMMllNTS
Section 36A(l )(d) authorizes the Special Courts to take cognizance of offences under
the Act on the basis of a police report or upon the complaint made by an officer of the
Central Government; State v. Ku/Wtlnt Singh, AIR 2003 SC 1599.
11368. Appeal and revision.-The High Court may exercise, so far as may be

applicable, all the powers conferred by Chapters XXIX and XXX o£ the Code of
Criminal Procedure, 1973 (2 of 1974), on a High Court, as if a Special Court
within the local limits of the jurisdiction of the High Court were a Court of
Session trying cases within the local limits of the jurisdiction of the High Court.]
1[36C. Application of Code to proceedings before a Special Court.-Save as

otherwise provided in this Act, the provisions of the Code of Criminal

Procedure, 1973 (2 of 1974) (including the provisions as to bail and bonds) shall
apply to the proceedings before a Special Court and for the purposes of the said
provisions, the Special Court shall be deemed to be a Court of Session and the
person conducting a prosecution before a Special Court, shall be deemed to be
a Public Prosecutor.]
2[36D. Transitional provisions.-(]) 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 shaII affect the powec of
the High Court under section 407 of the Code of Criminal Procedure, 1973 (2 of

1. Ins. by Act 2 of 1989, sec. 11 (w.e.f. 29-5-1989).

2. Subs. by Act 9 of 2001, sec. 16 (w.e.f. 2-10-2001). Earlier section 36D was .inserted by Act 2 of
1989, sec. 11 (w.e.f. 29-5-1989).
Sec. 38] Th9 Narcotic Drugs and Psychotropic Substaf1C9S Act, 1985 29

1974) to transfer any case or class of cases taken cognizance by a Court of Session
under sub-section (1),1
1[37. Offences to be cognizable and non-bailable.-(1) Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974}--
('.i.) every offence punishable under this Act shall be cognizable;
(b) no person accused of an offence punishable for 2(offences under

section 19 or section 24 or section 27A and also for offences involving

commercial quantity1 shall be released on bail or on his own bond
unless-
(i) the Public Prosecutor has been given an opportunity to oppose
the application for such release, and
(ii) where the Public Prosecutor opposes the application, the court is
satisfied that there are reasonable grounds for believing that he
is not guilty of such offence and that he is not likely to commit
any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub-section (1)
are in addition to the limitations under the Code of Criminal Procedure, 1973 (2
of 1974) or any other law for the time being in force, on granting of bail.]
COMMENTS
(i) It has been repeatedly stressed thal NDPS cases should be tried as early as
possible because in such cases normally accused are not released on bail; A.N. Patel v.
State of Gujarat, AIR 2003 SC 2172.
(ii) It is plain from the language of section 37(1) (b) that the court must adopt
a negative attitude towards bail but tum positive firstly if it is satisfied thal there are
reasonable grounds for believing that the accused is not guilty of offence under the Act
and secondly that he is not likely to commit any offence while on bail. Both these tests
must be satisfied before bail can be: granted; S11khdev Singh v. Unum Territory of
Chandigarh, (1986) Cr LJ 1757 (P & H).
38. Offences by companies.-(]) Where an offence under Chapter IV has
been committed by a company, every person, who, at the time the offence was
committed was in charge of, and was responsible to, the company for the conduct
of the business of the company as well as the company, shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in this sub·sedion shall render any such
person liable to any punishment if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any
offence under Chapter IV has been committed by a company and it is proved
that the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary, or
1. Subs. by Act 2 of 1989, sec. 12, for section 37 (w.e.f. 29-S.1989).
2. Subs. by Ad 9 of 2001, st.'C. 17, for "a lerm of imprisonment of five years or more under this
Act" (w.e.f. 2-10-2001).
30 The Narcotic Drugs and Psychotropic Substances Act, 1985 [Sec. 38

other officer of the company, such director, manager, secretary of other officer
shall be deemed to be guilty of that offence and shall be liable to be proceeded
against and punished accordingly.
Explanation-For the purposes of this section,-
(a) "company" means any body corporate and includes a firm or other
association of individuals; and
(b) ,"director", in relation to a firm, means a partner in the firm.
39. Power of court to release certain offenders on probation.---(!) When any
addict is found guilty of an offence punishable under section 27 1[or for offences
relating to small quantity of any narcotic drug or psychotropic substance] and if
the court by which he is found guilty is of the opinion, regard being had to the
age, character, antecedents or physical or mental condition of the offender, that
it is expedient so to do, then, notwithstanding anything contained in this Act or
any other law for the time being in force, the court may, instead of sentencing
him at once to any imprisonment, with his consent, direct that he be released for
undergoing medical treatment for de-toxification or de-addiction from a hospital
or an institution maintained or recognised by Government and on his entering
into a bond in the form prescribed by the Central Government, with or without
sureties, to appear and furnish before the court within a period not exceeding one
year, a report regarding the result of his medical treatment and, in the meantime,
to abstain from the commission of any offence under Chapter IV.
(2) If it appears to the court, having regard to the report regarding the result
of the medical treatment furnished under sub-section (1), that it is expedient so
to do, the court may direct the release of the offender after due admonition on
his entering into a bond in the form prescribed by the Central Government, with
or without sureties, for abstaining from the commission of any offence under
Chapter IV during such period not exceeding three years as the court may deem
fit to specify or on his failure so to abstain, to appear before the court and receive
sentence when called upon during such period.
40. Power of court to publish names, place of business, etc., of certain
offenders.-{1) Where any person is convicted of any of the offences punishable
under section 15 to sectioa 25 (both inclusive), section 28, section 29 or section 30,
it shall be competent for the court convicting the person to cause the name and
place of business or residence of such person, nature of the contravention, the fact
that the person has been so convicted and such other particulars as the court may
consider to be appropriate in the circumstances of the case, to be published al the
expense of such person in such newspapers or in such manner as the court may
direct.
(2) No publication under sub-section (1) shall be made until the period for
preferring an appeal against the orders of the court has expired without any
appeal having been preferred, or such appeal, having been preferred, has been
disposed of.
(3) The expenses of any publication under sub-section (1) shall be
recoverable from the convicted person as if it were a fine imposed by the court.

1. Ins. by Act 9 of 2001, sec. 18 (w.e.f. 2-10-2001).

Sec. 42] The Narcotic Drugs and PsychotropiC Substancss Act, 1985 31

CHAPTER V
PROCEDURE
1(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 VA 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 VA 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
oHicer 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.]
2(42. Power of enby, search, seizure and arrest wilhout 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 intellegence 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
l. Subs. by Act 9 of 2001, sec. 19, for sedion 41 (w.d. 2-10-2001).
2. Sub!-. by Act 9 of 2001, sec. 19, for sc.::tion 42 (w.e.1. 2-10-2001).
32 The Narcotic Drugs and Psychotropic Substancss Act. 1985 [See. 42

control, excise, police or any other deparhnent 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 persons 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 VA 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 VA 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:
1(Provided that in respect of holder of a licence for manufacture of

manufactured drugs or psychotropic substances or controlled substances,

granted under this Act or any rule or order made thereunder, such power shall
be exercised by an officer not below the rank oi. sub-inspector:
Provided further 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.]
COMMENTS
When the search was conducted by a Gazetted Officer himself, compliance with
section 42 is not necessary; Union of India v. Satrohim, 2008 (8) SCC 313: 2008 (10) SCR 888.
1[43. Power of seizure and arrest in public pla.:e.-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
------
1. Subs. by Act 16 of 2014, sec. 16, for "Provided that" (w.e.f. 1-5-2014, vide 5.0. 1183(£), dated
30th April, 2014).
2. Subs. by Act 9 of 2001, sec. 19, for section 43 (w.e.f. 2-10-2001).
Sec. 48) The Narcotic Drugs and Psychotropic Substances Act, 1985 33

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 VA 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
un1awful, 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.]
44. Power of entry, search, seizure and arrest in offences relating to coca
plant, opium poppy and cannabis plant.-The provisions of sections 41, 42 and
43, shall so far as may be, apply in relation to the offences punishable under
Chapter IV and relating to coca plant, the opium poppy or cannabis plant and
for this purpose references in those sections to narcotic drugs, or psychotropic
substance, 1[or controlled substance], shall be construed as including references
to coca plan,t, the opium poppy and cannabis plant.
45. Procedure where seizure of g liable to confiscation not
practicable.-Where it is not practicable to size any goods (including standing
crop) which are liable to confiscation under this Act, any officer duly authorised
under section 42 may serve on the owner or person in possession of the goods,
an order that he shall not remove, part with or otherwise deal with the goods
except with the previous permission of such officer.
46. Duty of land holder to give information of illegal cultivation.-Every
holder of land shall give immediate information to any officer of the police or of
any of the departments mentioned in section 42 of all the opium poppy, cannabis
plant or coca plant which may be illegally cultivated within his land and every
such holder of land who knowingly neglects to give such information, shall be
liable to punishment.
47. Duty of certain officers to give information of illegal cultivation.-
Every officer of the Government and every panch, sarpanch and other village
officer of whatever description shall give immediate information to any officer of
the Police or of any of the departments mentioned in section 42 when it may
come to his knowledge that any land has been illegally cultivated with the
opium poppy, cannabis plant or coca plant, and every such officer of the
Government, panch, sarpanch and other village officer who neglects to give such
information, shall be liable to punishment.
48. Power of attachment of crop illegally cultivated.-Any Metropolitan
Magistrate, Judicial lvla:gistrate of the first class or any Magistrate specially
empowered in this behalf by the State Government 2[or any officer of a gazetted
rank empowered under section 42] may order attachment of any opium poppy,
cannabis plant or coca plant which he has reason to believe to have been illegally
cultivated and while doing so may pass such order (including an order to
destroy the crop) as he thinks fit.
1. Ins. by Act 9 of 2001, sec. 20 (w.e,f, 2-10-2001),
2. Im;, by Act 2 of 1989, sec. 13 (w.e.f. 29 5-1989).
34 The Narcotic Drugs and Psychotropic Substances Act, 1985 [Sec. 49

49. Power to stop and search conveyance.-Any officer authorised under

section 42, may, if he has reason to suspect that any animal or conveyance is, or
is about to be, used for the transport of any narcotic drug or psychotrop.iC
substance 1[or controlled substance], in respect of which he suspects that any
provision of this Act has been, or is being, or is about to be, contravened at any
time, stop such animal or conveyance, or, in the case of an aircraft, compel it to
land and-
(a) rummage and search the conveyance or part thereof;
(b) examine and search any goods on the animal or in the conveyance;
(c) if it becomes necessary to stop the animal or the conveyance, he may
use all lawful means for stopping it, and where such means fail, the
animal or the conveyance may be fired upon.
50. Conditions under which search of persons shall be conducted.-
(]) When any officer duly authorised under section 42 is about to search any
person under the provisions of section 41, section 42 or section 43, he shall, if
such person so requires, take such person without unnecessary delay to the
nearest Gazetted Officer of any of the departments mentioned in section 42 or to
the nearest Magistrate.
(2) If such requisition is made; the officer may detain the person until he can
bring him before the Gazetted Officer or the Magistrate referred to in sub
section (1).
(3) The Gazetted Officer or the Magistrate before whom any such person is
brought shall, if he sees no reasonable ground for search, forthwith discharge the
person but otherwise shall direct that search be made.
(4) No female shall be searched by anyone excepting a female.
2{(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 arug 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 sean::h the person as provided
under section 100 of the Code of Crinunal 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 ms- immediate official superior.]
COMMENTS
(i) A joint communication of the right available under section 50(1) of the Act to the
accused would frustrate the very purpose of section 50. Communication of the said right
to the rson who is about to &e searched. is not an empty furmality. It has a purpose.
Most of the offences under the Act carry stringent punishment and, therefore, the
prescribed procedure has to be metirulousry followed. These are minimum safe-suards
available: to an accused against the ,rosslbillty of. involvement. The communication
of this rtgJ:it has to be dear unamhlsuous and md1v1dual. The acrused must be made
aware of the existence of such a right. The right would be of little significance if the
beneficiary'thereof is not able to exercise it for want of knowledge about its existence. A
joint communication of the right may not be dear or unequivocal. It may create
informed that under section 50(1), fie has a n1t
confusion. It may result in diluting the right. Therefore, accused must be individually
to be searched b@fore a nearest Gazetted
Officer or before a nearest Magistrate; State o Riljastlum v. Parmammd, AIR 2014 SC 1384.
(ii) Provisions of seclion 50 of the Act o not apply to any search or seizure where
the article was not being carried on the person of the accused; State of Rajasthan v. Tara
Singh, (2011) 11 sec 559: 2011 (9) SLT 638: 2011 (3) sec {Cr) 407.
1. Ins. by Act 9 of 2001, sec. 21 (w.e.f. 2-10-2001).
2. Ins. by Act 9 of 2001, sec. 22 (w.e.f. 2-10.2001).
Sec. 52] The Narcotic Drugs and Psychotropic Substances Act, 1985 35

(iii) Section 50 can be invoked only in cases where the drug/narcotic/NDPS

substance is recovered as a consequence oI the body search of the accused. In case, the
recovery of the narcotic is made from a container being carried by the individual, the
provisions of section 50 would not be attracted; Jamail Singh v. Stafe of Punjab, AIR 2011
SC 964: (2011) 3 SCC 521: ff 2011 (2) SC 120: (2011) 2 SCALE 401: 2011 Cr LJ 1738.
(iv) Section 50 is applicable only where search of a person is involved and said
section is not applicable nor attracted where no search of a person is involved. Thus
search and recovery from a bag, brief case, container, etc., does not come within the ambit
of section 50 of the Act; Ajmer Singh v. State of Haryana, (2010) 3 sec 746: JT 2010 (2) SC
175, (2010) 2 SCALE 362.
(v) The safeguards mentioned in section 50 are intended to serve a dual purpose - to
protect the person against false accusation and frivolous char asalso to lend
credibility to the searcFi and seizure conducted by the empowered officer; Beckodan Abdul
Rahiman v. State of Kem/a; (2002) 4 sec 229.
(vi) A contraband seized as a result of search and seizure made in contravention of
section 50 cannot be used to fasten the liability of unlawful poS6eSSion of the contraband
on the peI'50n from whom the contraband had allegedly been seized in a illegal manner."
Unlawful possession" of the contraband is the sine uo non for conviction under the Act
and that fact has to be established by the prosecution beyond a reasonable doubt; Ali
Mustafa Abdul Rehman Moosa v. St.ate of KemUl, AIR 1995 SC 244.
1[50A. Power to under take 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.1
51. Provisions of the Code of Criminal Procedure, 1973 to apd,ly to waITants,
am:sts, searches and seizures.-The provisions of the Co e of Criminal
Procedure, 1973 (2 of 1974) shall apply, in so far as they are not hlconsistent with
the provisions of this Act, to all warrants issued and arrests, searches and
seizures made under this Act.
52. Disposal of penons arrested and articles seized.-(1) Any officer
arresting a person under section 41, section 42 section 43 or section 44 shall, as
soon as may be, inform him of the grounds for such arrest.
(2) Every person arrested and article seized under warrant issued under sub-
section (1) of section 41 shall be forwarded without unnecessary delay to the
Magistrate by whom the warrant was issued.
(3) Every person arrested and article seb:ed under sub-section (2) of section
41, section 42, section 43 or section 44 shall be forwarded without Wlllecessary
delay to-
(a) the officer-in-charge of the nearest police station, or
(b) the officer empowered under section 53.
(4) The authority or officer to whom any person or article is forwarded under
sub-section (2) or sub--section (3) shall, with all convenient despatch, take such
measures as may be necessruy for the disposal according to law of such person
or article.
COMMENTS
If a person is not informed of the growtds of his arrest, his further detention may
become invalid or unlawful, but it cannot be said that his initial arrest itself becomes
illegal; Sunil Chairumi v, Inspector of Police, 1989 (1) PAC 44.
1. Ins, by Act 9 of 2001, sec. 23 (w.e.f. 2-10-2001).
36 The Narcotic Drogs and Psychotropic Substances Act, 1985 (Sec. 52A

1[52A.
Disposal of seized narcotic drugs and psychotropic substances.-
2[{1) The Central Government may, having regard to the hazardous nature,
vulnerability to theft, substitution, constraint of proper storage space or any
other releva,:,.t consideration, in respect of any narcotic drugs, psychotropic
substances, controlled substances or conveyances, by notification in the Official
Gazette, specify such narcotic drugs, psychotropic substances, controlled
substances or conveyance or class of narcotic drugs, class of psychotropic
substances, class of controlled substances or conveyances, which shall, as soon as
may be after their seizure, be disposed of by such officer and in such manner as
that Government may, from time to time, determine after following the
procedure hereinafter ¥Cified.]
(2) Where any :i(narcotic drugs, psychotropic substances, controlled
substances or conveyances) has been seized and forwarded to the officer-in-
charge of the nearest police station or to the officer empowered under section 53,
the officer referred to in sub-section (1) shall prepare an inventory of such
4[narcotic drugs, psychotropic substances, controlled substances or conveyances}
containing such details relating to their description, quality, quantity, mode of
packing, marks, numbers or such other identitying particulars of the '[narcotic
drugs, psychotropic substances, controlled substances or conveyances] or the
packing in which they are packed, country of origin and other particulars as the
officer referred to in sub-section (1) may consider relevant to the identity of the
4[narcotic drugs, psychotropic substances, controlled substances or conveyances]

in any proceedings under this Act and make an application, to any Magistrate for
the purpose of-
(a) certifying the correctness of the inventory so prepared; or
{b} taking, in the presence of such Magistrate, photographs of 5[such
drugs, substances or conveyances] and certifying such photographs
as true; or
(c) allowing to draw representative samples of such drugs or
substances, in the presence of such Magistrate and certifying the
correctness of any list of samples so drawn.
(3) Where an application is made under sub-section (2), the Magistrate shall,
as soon as may be, allow the application.
(4) Notwithstanding anything contained in the Indian Evidence Act, 1872
(1 of 1872) or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying
an offence under this Act, shall treat the inventory, the photographs of 6[narcotic
1. Ins. by Act 2 of 1989, sec. 14 (w.e.f. 29-5-1989).
2. Subs. by Act 16 of 2014, sec. 17(a), for sub-section (1) (w.e.f. 1-5-2014, vide S.O. 1183(E). dated
30th April, 2014). Sub-section (1), before substitution, stood as under:
"(l) The Central Government may, having regard to the hazardous nature of any narcotic
drugs or psychotropic substances, their vulnerability to theft, substitution, constraints of
proper storage space or any other relevant considerations, by ooti.fication published in the
Official Gazette, specify such narcotic drugs or psychotropic substances or class of narcotic
drugs or class of psychotropic substances which shall, as soon as may be after their seizure, be
disposed of by such officer and in such manner as that Government may from time to time,
determine after following the procedure hereinafter specified.".
3. Subs. by Act 16 of 2014, sec. 17(b}(i), for narcotic drug and psychotropic subst:ince" (w.e.f.
1-5-2014, uide 5.0. 1183(E), dated 30th April, 2014).
4. Sub6. by Act 16 of 2014, sec. 17(b)(i), for "narcotic drugs and psychotropic substances" (w.e.f.
1-5-2014, vide S.O. 1183(E), dated 30th April, 2014).
5. Subs. by Act 16 of 2014, sec. I7(b)(ii), for "such dru orsubstances" (w.e.f. 1-5-2014, uide S.O.
1183(E), dated 30th April, 2014).
6. Subs. by Act 16 of 2014, sec. 17(c), for "narcotic drugs or psychotropic substances" (w.e.f.
1-5-2014, vide S.O. 1183(E), dated 30th April, 2014).
Sec. 54] The Narcotic Drogs 11nd Psychotropic Substances Act, 1985 37

drugs, psychotropic substances, controlled substances or conveyances} and any

list of samples drawn under sub-section (2) and certified by the Magistrate, as
primary evidence in respect of such offence].
53. Power to invest officers of certain departments with powers of an
officer•in•charge of a police station.--{l) The Central Government, after
consultation with the State Government, may, by notification published in the
Official Gazette, invest any officer of the deparbnent of central excise, narcotics,
customs, revenue intelligence 1[or any other department of the Central
Government including para-military forces or armed forces} or any class of such
officers with the powers of an officer-in-charge of a police station for the
investigation of the offences under this Act.
(2) The State Government may, by notification published in the Official
Gazette, invest any officer of the department of drugs control, revenue or excise
2[or any other department] or any class of such officers with the powers of an
officer-in-charge of a police station for the investigation of offences under this
Act.
3
{53A. Relevancy of statements under certain citcumstances.-(1) A
statement made and signed by a person before any officer empowered under
section 53 for the investigation of offencesr during the course of any inquiry or
proceedings by such officer, shall be relevant for the purpose of proving, in any
prosecution for an offence under this Act, the truth of the facts which it
contains,-
(a) when the person who made the statement is dead or cannot be
found or is incapable of giving evidence, or is kept out of the way by
the adverse party, or whose presence cannot be obtained without an
amount of delay or expense which, under the circumstances of the
case, the court considers unreasonable; or
(b) when the person who made the statement is examined as a witness
in the case before the court and the court is of the opinion that
having regard to the circumstances of the case, the statement should
be admitted in evidence in the interest of justice.
(2) The provisions of sub-section (I) shall, so far as may be, apply in relation
to any proceedings under this Act or the rules or orders made thereunder, other
than a proceeding before a court, as they apply in relation to a proceeding before
a court.}
4
{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 manufacture of any narcotic drug or psychotropic
sub stance or controlled substance; or
------ -
.,, 1. Subs. by Act 9 of 2001, sec. 24, for "'or Border Security Force" (w.e.f. 2-10-2001).
2. Ins. by Act 9 of 2001, sec. 24 (w.eJ. 2-10-2001).
3. Ins. by Act 2 of 1989, see. 15 (w.e.f. 29-5-1989).
4. Subs. by Act 9 of 2001, sec. 25 for section 54 (w.e.f. 2-10-2001).
38 The Narcotic Drugs and Psychotropic Substances Act, 1985 (Sec. 54

(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 dmg or psychotropic substance or controlled substance
has been manufactured,
for the possession of which he fails to account satisfactorily.]
55. Police to take charge of articles seized and delivered..-An officer-in-
charge of a police station shall take charge of and keep in safe.custody, pending
the orders of the Magistrate, all articles seized under this Act within the local
area of that police station and which may be delivered to him, and shall allow
any officer who may accompany such articles to the police station or who may
be deputed for the purppse, to affix his seal to such articles or to take samples
of and from them and all samples so taken shall also be sealed with a seal of the
officer-in-charge of the police station.
COMMENTS
(i) Provisions of section 55 are merely directory in nature; T.PtJu.l Kuki v. Sta.ti! a/ West
Bengal, (1993) 3 Crimes 660 (Cal) (DB).
(ii) The searching officer has an option of depositing the seized artide(s) in the local
police station; T. Paul Kuki v. State a/ West Bengal, (1993) 3 Crim.es 600 (Cal) (DB).
56. Obligation of officers to assist each other.-All officers of the several
deparhnents mentioned in section 42 shall, upon notice given or request made,
be legally bound to assist each other in carrying out the provisions of this Act.
57. Report of arrest and seizu.re.-Whenever any person makes any arrest or
seizure, under this Act, he shall, within forty-eight hours next after such arrest
or seizure, make a full report of all the particulars of such arrest or seizure to his
immediate official superior.
1[57A. Report of seizure of property of the person arrested by the nolified

offker.-V-/henever any officer notified under section 53 makes an arrest or

seizure under this Act, and the provisions of Chapter VA apply to any person
involved in the case of such arrest or seizure, the officer shall make a report of
the illegally acquired properties of such person to the jurisdictional competent
authority within ninety days of the arrest or seizure.I
58. Punishment for vexatious entry, search, seizure or arrest.-(1) Any
person empowered under section 42 or section 43 or section 44 who-
(a) without reasonable ground of suspicion enters or searches, or causes
to be entered or searched, any building, conveyance or place;
(b) vexatiously and unnecessarily seizes the property of any person on
the pretence of seizing or searching for any narcotic drug or
psychotropic substance or other article liable to be confiscated under
this Act, or of seizing any document or other article liable to be
seized under section 42, section 43 or section 44; or
(c) vexatiously and unnecessarily detains, searches or arrests any
person,
shall be punishable with imprisonment for a term which may extend to six
months or with fine which may extend to one thousand rupees, or with both.
(2) Any person wilfully and maliciously giving false information and so
causing an arrest or a search heing made under this Act shall be punishable with
L Ins. by Act 16 of 2014, sec. 18 (w.e.f. 1-5-2014, vide S.O. 1183(E), d11ted 30th April, 2014).
Sec. 60) The Narcotic Drugs and Psychotropic Substances Act, 1985 39

imprisonment for a term which may extend to two years or with fine or with
both.
59. Failure of officer in duty or his connivance at the contravention of the
provisions of this Act.-(1) Any officer, on whom any duty has been imposed
by or under this Act and who ceases or refuses to perform or withdraws himself
from the duties of his office shall, unless he has obtained the express written
permission of his official superior or has other lawful excuse for so doing, be
punishable with imprisonment for a term which may extend to one year or with
fine or with both.
1[(2) Any officer on whom any duty has been imposed by or under this Act
or any person who has been given the custody of-
(a) any addict; or
(b) any other person who has been charged with an offence under this
Act,
and who wilfully aids in, or connives at, the contravention of any provision of
this Act or any rule or order made thereunder, shall be punishable 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.
Explanation.-For the purposes of this sub-section, the expression "officer"
includes any person employed in a hospital or institution maintained or
recognised by the Government or a local authority under section 64A for
providing de-addiction treatment.}
(3) No court shall take cognizance of any offence under sub-section (1) or
sub-section (2) except on a complaint in writing made with the previous sanction
of the Central Government, or as the case may be, the State Government.
60. Liability of i1licit drugs, substances, plants, articles and conveyances to
confiscation.-2((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.}
(2) Any narcotic drug or psychotropic substance 3[or controlled substances}
lawfully produced, imported inter-State, exported inter-State, imported into
India, transported, manufactured, possessed, used, purchased or sold along
with, or in addition to, any narcotic drug or psychotropic substance 3[or
controlled substances] which is iiable to confiscation under sub-section (1) and
there receptacles, packa es and coverings in which any narcotic drug or
psychotropic substance (or controlled substances], materials, apparatus or
utensils liable to confiscation under sub-section (1) is found, and the other
contents, if any, of such receptacles or packages shall likewise be liable to
confiscation.
(3) Any animal or conveyance used in carrying any narcotic drug or
psychotropic substance 3[or controlled substance), or any article liable to
confiscation under sub-section (1) or sub-section (2) shall he liable to confiscation,
1. Subs. by Act 2 of 1989, sec. 16, for sub-section (2) (w.e.f. 29-5-1989).
2 Subs. by Act 9 of 2001, sec. 26, for sub-section (1) (w.e.f. 2-10-2001).
3. Ins. by Act 9 of 2001, sec. 26 (w.e.f. 2-10-2001).
40 The Narcotic Drugs and Psychotropic Substances Act, 1985 (Sec. 60

unless the owner of the animal or conveyance proves that it was so used without
the knowledge or connivance of the owner himself, his agent, if any, and the
person-in-charge of the animal or conveyance and that each of them had taken
all reasonable precautions against such use.
61. Confiscation of goods used for concealing illicit drugs or substances.-
Any goods used for concealing any 1[narcotic drug, psychotropic substance or
controlled substance] which is liable to confiscation under this Act shall also be
liable to confiscation.
Explanation.-In this section "goods" does not include conveyance as a
means of transport
62. Confiscation of sale proceeds of illicit drugs or substances.-Where any
2
[narcotic drug, psychotropic substance or controlled substance] is sold by a
person having knowledge or reason to believe that the drug or substance is liable
to confiscation under this Act the sale proceeds thereof sha11 also be liable to
confiscation.
63. Procedure in making confiscations.-(1) In the trial of offences under
this Act, whether the accused is convicted or acquitted or discharged, the court
shall decide whether any article or thing seized under this Act is liable to
confiscation under section 60 or section 61 or section 62 and, if it decides that the
article is so liable, it may order confiscation accordingly.
(2) Where any article or thing seized under this Act appears to be liable to
confiscation under section 60 or section 61 or section 62, but the person who
committed the offence in connection therewith is not known or cannot be found,
the court may inquire into and decide such liability, and may order confiscation
accordingly:
Provided that no order of confiscation of an article or thing shall be made
until the expiry of one month from the date of seizure, or without hearing any
person who may claim any ·right thereto and the evidence, if any, which he
produces in respect of his claim:
Provided further that if any such article or thing, other than a narcotic drug,
psychotropic substance, 3[contr9lled substance,] the opium poppy, coca plant or
cannabis,plant is liable to speedy and natural decay, or if the court is of opinion
that its sale would be for the benefit of its owner, it may at any time direct it to
be sold; and the provisions of this sub•section shall, as nearly as may be
practicable, apply to the net proceeds of the sale.
"(***]
64. Power to tender immunity from prosecution.---{l) The Central
Government or the State Government may, if it is of opinion (the reasons for
such opinion being recorded. in writing) that with a view to obtaining the
evidence of any person appearing to have been directly or indirectly concerned
in or privy to the contravention of any of the provisions of this Act or of any rule
or order made thereunder it is necessary or expedient so to do, tender to such
1. Subs. by Act 9 of 2001, sec. 27, for "narcotic drug or psychotropic subst.mcc"
(w.e.f. 2-10-2001).
2. Subs. by Act 9 of 2001, sec. 28, for "narcotic drug or psychotropic substance" (w.e.f.
2-10-2001).
3. Ins. by Act 9 of 2001, sec. 26 (w.e.f. 2-10-2001).
4. Sub-section (3) omitted by Act 9 of 2001, see'. 29 (w.e.f. 2-10-2001).
Sec. 66] The Narcotic Drugs and Psychotropic Substances Act, 1985 41

person immunity from prosecution for any offence under this Act or under the
Indian Penal Code (45 of 1860) or under any other Central Act or State Act, as
the case may be, for the time being in force, on condition of his making a full and
true disclosure of the whole circumstances relating to such contravention.
(2) A tender of immunity made to, and accepted by, the person concerned,
shall, to the extent to which the immunity extends, render him immune from
prosecution for any offence in respect of which the tender was made.
(3) If it appears to the Central Government or, as the case may be, the State
Government, that any person to whom immunity has been tendered under this
section has not complied with the conditions on which the tender was made or
is wilfully concealing anything or is giving false evidence, the Central
Government or, as the case may be, the State Government, may record a finding
to that effect and thereupon the immunity shall be deemed to have been
withdrawn and such person may be tried for the offence in respect of which the
tender of immunity was made or for any other offence of which he appears to
have been guilty in connection with the same matter.
COMMENTS
(i) The grant of immunity under section 64 of the Act to an accused who was facing
trial before the court would amount to vesting the power of judicial authority in the
Government; Jasbir Singh v. V.K. Jaggi, (2001) 8 SCC 289.
(ii) A pardon is an act of grace p ing from the power entrusted with the
execution of the laws, which exempts the individual on whom it is bestowed from the
punishment the law inflicts for a <Time he has committed; United States v. Wilson, 7 Pet.
150; A.L. Mehra v. The State, AIR 1958 Punj 72.
1[64A. 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 treahnent for de-addiction from a
hospital or an institution maintained or recognised by the Government or a local
authority and undergoes such treatmen.t 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.]
65. Power to make rules regulating disposal of confiscated articles and
rewards.-[Rep. by the Narcotic Drugs and Psychotropic Substances (Amendment)
Act, 1988 (2 of 1989), sec. 18 (w.ef 29-5-1989).]
66. Presumption as to documents in certain cases.-Where any document-
(i) is prcxluced or furnished by any person or has been seized from the
custody or control of any person, in either case, under this Act or
under any other law, or
(ii) has been received from any place outside India (duly authenticated
by such authority or person and in such manner as may be
prescribed by the Central Government) in the course of investigation
of any offence under this Act alleged to have been committed by a
person,
1. 5\100. by Act 9 of 2001, !JeC'. 30, for section 64A (w.e.1. 2-10.-2001). Earlier section &IA was
inserted by Act 2 of 1989, sec. 17 (w.e.f. 29-5-1989).
42 The Narcotic Drugs and Psychotropic Substances Act, 1985 [Sec. 66

and such document is tendered in any prosecution under this Act in evidence
against him, or against him and any other person who is tried jointly with him,
the court shall-
(a) presume, unless the contrary is proved, that the signature and every
other part of such document which purports to be in the handwriting
of any particular person or which the court may reasonably assume
to have been signed by, or to be in the handwriting of, any particular
person, is in that person's handwriting; and in the case of a document
executed or attested, that it was executed or attested by the person
by whom it purports to have been so executed or attested;
(b) admit the document in evidence, notwithstanding that it is not duly
stamped, if such document is otherwise admissible in evidence;
(c) in a case falling under clause {i), also presume, unless the contrary is
proved, the truth of the contents of such document.
67. Power to call for information, etc.-Any officer referred to in section 42
who is authorised in this behaU by the Central Government or a State
Government may, during the course of any enquiry in connection with the
contravention of any provisions of this Act,-
(a) call for information from any person for the purpose of satisfying
himself whether there has been any contravention of the provisions
of this Act or any rule or order made thereunder;
(b) require any person to produce or deliver any document or thing
useful or relevant to the enquiry;
(c) examine any person acquainted with the facts and circumstances of
the case.
68. Information as to commission of offences.-No officer acting in exercise
of powers vested in him under any provision of this Act or any rule or order
made thereunder shall be compelled to say whence he got any information as to
the commission of any offence.
1/CHAPTER VA
'[FORFEITURE OR ILLEGALLY ACQUIRED PROPERTY)
68A. Application.-(1) The provisions of this Chapter shall apply only to
persons specified in sub-section (2).
(2) The persons referred to in sub-section (1) are the following, namely:-
(a} every person who has been convicted of an offence punishable under
this Act with imprisonment for a term of 3[ten] years or more;
(b) every person who has been convicted of a similar offence by a
competent court of criminal jurisdiction outside India;
(c) every person in respect of whom an order of detention has been
made under the Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act, 1988 (46 of 1988), or under the Jammu
and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act, 1988 O & K Act XXIII of 1988):
Provided that such order of detention has not been revoked on the
report of the Advisory Board constituted under the said Acts or such
1.Chapter VA (containing sections 68A to 68Y) ins. by Act 2 of 1989, sec. 19 {w.e.f. 29-5-1989).
2.Subs. by Act 16 of 2014, see. 19, for the heading "FORFEITURE OF PROPER.TY DERIVED
FROM, OR USED IN ILLICIT TRAFFIC" (w.e.f. 1-5-2014, vidr S.O. 1183(E), dated 30th April,
2014).
3.Subs. by Act 9 of 2001, sec. 31, for "five" (w.e.f, 2-10-2001).
Sec. 688] The Narcotic Drugs and Psychotropic Substances Acr, 1985 43

order of detention has not been set aside by a court of competent

jurisdiction;
1[(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.]
{d) every person who is a relative of a person referred to in clause (a) or
clause {b) or clause (c) 1[or clause (cc)I;
(e) every associate of a person referred to in clause (a) or clause (b) or
clause (c) 1(or clause (cc)];
(f) any holder (hereafter in this clause referred to as the "present
holder") of any property which was at any time previously held by
a person referred to in clause (a) or clause (b) or clause (c) 1(or clause
(cc)]; unless the present holder or, as the case may be, any one who
held such property after such person and before the present holder,
is or was a transferee in good faith for adequate consideration.
68B. Definitions.-In this Chapter, unless the context otherwise requires,-
(a) "Appellate Tribunal" means the Appellate Tribunal for Forfeited
Property constituted under section 68N;
(b) "associate" in relation to a person whose property is liable to be
forfeited under this Chapter, means-
(i) any individual who had been or is residing in the residential
premises (including out-houses) of such person;
(ii) any individual who had been or is managing the affairs or
keeping the accounts of such person;
(ili) any association of persons, body of mdividuals, partnership fiim
or private company within the meaning of the Companies Act,
1956 (1 of 1956), of which such person had been or is a member,
partner or director;
(iv) any individual who had been or is a member, partner or director
of an association of persons, body of individuals, partnership
firm or private company referred to in sub-clause (iii) at any
time when such person had been or is a me:mber, partner or
director of such association, body, partnership firm or private
company;
(v) any person, who had been or is aging the affairs, or keeping
the accounts, of any association of persons, body of individuals,
partnership firm or private company referred to in sub-clause
(iii);
(vi) the trustee of any trust, where,-
(1} the trust has been created by such person; or
(2) the value of the assets contributed by such person (including
the value of the assets, if any, contributed by him earlier) to

by Act 9 of 2001, sec. 31 (w.e.f. 2-10-2001).

44 The Narcotic Drugs and Psychott'Oplc Substancss Act, 1985 (Sec. 688

the trust amounts, on the date on which contribution is

made, to not less than twenty per cent. of the value of the
assets of the trust on that date;
(vii) where the competent authority, for reasons to be recorded in
writing, considers that any properties of such person are held on
his behalf by any other person, such other person;
(c) "competent authority" means an officer of the Central Government
authorised by it under section 68D;
(d) "concealment" means the concealment or disguise of the nature,
source, disposition, movement or ownership of property and
includes the movement or conversion of such property by electronic
transmission or by any other means;
(e) "freezing" means temporarily prohibiting the transfer, conversion,
disposition or movement of property by an order issued under
section 68F;
(f) "identifying" includes establishment of proof that the property was
derived from, or used in, the illicit traffic;
(g) "illegally acquired property", in relation to any person to whom this
Chapter applies, means,-
(i) any property acquired by such person, whether before or after
the commencement of this Chapter, wholly or partly out of or by
means of any income, earnings or assets derived or obtained
from or attributable to 1[the contravention of any provisions 2[of
this Act or the equivalent value of such property; or)];
(ii) any property acquired by such person, whether before or after
the commencement of this Chapter, for a consideration, or by
any means wholly or partly traceable to any property referred to
in sub-clause {i) or the income or earning from 3[such property or
the equivalent value of such property; or],
4
[(iii) any property acquired by such person, whether before or after
the commencement of the Narcotic Drugs and Psychotropic
Substances (Amendment) Act, 2014 (16 oi 2014), wholly or partly
out of or by means of any income, earnings or assets the source
of which cannot be proved, or the equivalent value of such
propedy;]
and indudes-
(A) any property held by such person which would have been, in
relation to any previous holder thereof, illegally acquired
property under this clause if such previous holder had not
ceased to hold it, unless such person or any other person who
held the property at any time after such previous holder or,
where there are two or more such previous holders, the last of
such previous holders is or was a transferee in good faith fm
adequate consideration;
1. Sub,;. by Act 9 of 2001, sec. 32, for "illicit lraffic" (w.e.f. 2-10-2001).
2. Subs. by Act 16 of 2014, soc. 20(a}(i), for "of this Act; oz (w.e.f. 1-5-2014, vide S.O. llF
d,1ted 30th April, 2014).
3. Subs. by Act 16 of 2014, sec. 20(a)(ii), for "sudl property," (w.e.f. 1-5-2014, vidr.> 5.0. 1
dated 30th April, 2014).
4. Ins. by Act 16 of 2014, sec. 20(a)(iii) (w.e.f. 1-5-2014, wte S.O. 1183(E), dated 30th Ap•
Sec. 68D} The Narcotic Drugs and Psychotropjc Substances Act, 1985 45

(B) any property acquired by such person, whether before or after

the commencement of this Chapter, for a consideration, or by
any means, wholly or partly traceable to any property falling
under item (A), or the income or earnings therefrom;
1[(h) "property" means any property or assets of every description,
whether corporeal or incorporeal, movable or immovable, tangible
or intangible, wherever located and includes deeds and instruments
evidencing title to, or interest in, such property or assets;}
(i) "relative" means-
(1} spouse of the person;
(2) brother or sister of the person;
(3) brother or sister of the spouse of _the person;
(4) any lineal ascendant or descendant of the person;
(5) any lineal ascendant or descendant of the spouse of the person;
(6) spouse of a person referred to in sulrdause (2), sub-clause (3),
sub-clause (4), or sub-clause (5);
(7) any lineal descendant of a person referred to in sub-clause (2) or
sub-clause (3);
G) "tracing" means determining the nature., source, disposition,
movement, title or ownership of property;
(k) "trust" includes any other legal obligation.
68C. Prohibition of holding illegally acquired property.-(1) As from the
commencement of this Chapter, it shall not be lawful for any person to whom
this Chapter applies to hold any illegally acquired property either by himself or
through any other person on his behalf.
(2) Where any person holds any illegally acquired property in contravention
of the provisions of sub-section (1), such property shall be liable to be forfeited
to the Central Government in accordance with the provisions of this Chapter:
2[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.]
680. Competent authority.-(1) The Central Government may, by order
published in the Official Gazette, authorise 3[any Commissioner of Customs or
Commissioner of Central Excise] or Commissioner of Income-tax or any other
officer of the Central Government of equivalent rank to perform the functions of
the competent authority under this Chapter.
(2) The competent authorities shall perform their functions in respect of such
persons or classes of persons as the Central Government may., by order, direct.
L Subs. by Act 16 of 2014, sec. 20(b), for clause (h) (w.e.f. 1-5-2014, vide S.0. 1183(E), dated 30th
April, 2014). Clause (h), before substitution, stood as under:
"(h) "properly" means property and assets of every description, whether corporeal or
incorpore;tl, movable or immovable, tangible or intangible and deecfa itnd i.nstrum"1lbi
evidencirig title to, or interest in, such property or asset,,, derived from, or used in, the illicit
traffic;",
2. Subs. by Act 9 of 2001, se,;. 33, for proviso (w.e.f. 2-10-2001).
3. Subs. by Act 10 of 2014, sec. 21, for "any Collector of Customs or Collector of C=tral Excis,:,"
(w.e.f. 1-5-2014, vidt S.O. 1183(E), dated 30th April, 2014).
46 The Narcotic Drugs and Psychotropic Substances Act, 1985 [Sec. 68E

68E. Identifying illegally acquired property.-1[(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.]
(2) The steps referred to in sub-section (I) may include any inquiry,
investigation or survey in respect of any person, place, property, assets,
documents, books of account in any bank or public financial institution or any
other relevant matters.
(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be
carried out by an officer mentioned in sub-section (1) in accordance with such
directions or guidelines as the competent authority may make or issue in this
behalf.
68F. Seizure or freezing of illegally acquired property.-(1) Where any
officer conducting an inquiry or inve..;tigation under section 68E has reason to
believe that any property in relation to wt.ich such inquiry or investigation is
being conducted is an illegally acquired property and such property is likely to
be concealed, transferred or dealt with in any manner which will result in
frustrating any proceeding relating to forfeiture of such property under this
Chapter, he may make an order for seizing such property and where it is not
practicable to seize such property, he may make an order that such property
shall not be transferred or otherwise dealt with, except with the prior pennission
of the officer making such order, or of the competent authority and a copy of
such order shall be served on the person concerned:
Provided that the competent authority shall be duly informed of any order
made under this sub-section and a copy of such an order shall be sent to the
competent authority within forty-eight hours of its being made.
(2) Any order made under sub-section (1) shall have no effect unless the said
order is confirmed by an order of the competent authority within a period of
thirty days of its being made.
Expla11J1tio11.-For the purposes of this section, "transfer of property" means
any disposition, conveyance, assignment, settlement, delivery, payment or other
alienation of property and, without limiting the generality of the foregoing,
includes-
(a) the creation of a trust in property:
(b) the grant or creation of any lease, mortgage, charge, easement,
licence, power, partnership or interest in property;
{c) the exercise of a power of appointment of property vested in any
person, not the owner of the property, to determine its disposition in
favour of any person other than the donee of the power; and
(d) any transaction entered into by any person with intent thereby to
diminish directly or indirectly the value of his own property and to
increase the value of the property of. any other person,
68G. Management of properties seized or forfeited under this Chapter.-
()) The Central Government may, by order published in the Official Gazette,
appoint as many of its officers {nvt below the rank of a Joint Secretary to the
Government) as it thinks fit, to perform the functions of an Administrator.
1, Subs. by Act 9 of 2001, sff. 34, for sub-section (1) (w.eJ, 2-10-2001).
Soc. 68-1] The NarcoUc Drugs and Psychotropic Substan06S Act, 1985 47

(2) The Administrator appointed under sub-section (1) shall receive and
manage the property in relation to which an order has been made under sub-
section (1) of section 68For under section 68-1 in such manner and subject to such
conditions as may be prescribed.
(3) The Administrator shaU also take such measures, as the Central
Government may direct, to dispose of the property which is forfeited to the
Central Government.
68H. Notice of forfeiture of property.-(]) If, having regard to the value of
the properties held by any person to whom this Chapter applies, either by
himself or through any other person on his behalf, his known sources of income,
earnings or assets, and any other information or material available to it as a
result of a report from any officer making an investigation under section 68E or
otherwise, the competent authority has reason to believe (the reasons for such
belief to be recorded in writing) that all or any of such properties are illegally
acquired properties, it may serve a notice upon such person (hereinafter referred
to as the person affected) calling upon him within a period of thirty days
specified in the notice to indicate the sources of his income, earnings or assets,
out of which or by means of which he has acquired such property, the evidence
on which he relies and other relevant information and particulars, and to show
cause why all or any of such properties, as the case may be, should not be
declared to be illegally acquired properties and forfeited to the Central
Government under this Chapter.
(2) Where a notice under sub-section (1) to any person specifies any property
as being held on behalf of such person by any other person, a copy of the notice
shall also be served upon such other person:
1[Provided that no notice for forfeiture shall be served upon any person

referred to in clause (cc) of sub-section (2) of section 68A 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.]
2
[Explanation.-For the removal of doubts, it is hereby declared that in a case
where the provisions of section 68J are applicable, no notice under this section
shall be invalid merely on the ground that it fails to mention the evidence relied
upon or it fails to establish a direct nexus between the property sought to be
forfeited and any activity in contravention of the provisions of this Act.]
68-1. Forfeiture of property in certain cases.-(1) The competent authority
may, after considering the explanation, if any, to the show cause notice issued
under section 68H, and the materials available before it and after giving to the
person affected (and in a case where the person affected holds any property
specified in the notice through any other person, to such other person also) a
reasonable opportunity of being heard, by order, record a finding whether all or
any of the properties in question are illeg&lly acquired properties:
Provided that if the person affected (and in a case where the person affected
holds any property specified in the notice through any other person such other
person also) does not appear before the competent authority or represent his case
before it within a period of thirty days specified in the show cause notice, the
1. Ins. by Act 9 of 2001, sec. 35 {w.e.f. 2-10-2001).
2. Ins. by Acl 16 of 2014, sec. 22 (w.e.f. 1-5-2014, vide S.O. 1183(E), dated 30th April, 2014).
48 The Narcotic Drugs and Psychotropic SubstanceS Act, 1985 [Sec. 68·1

competent authority may proceed to record a finding under this sub-section ex

parte on the basis of evidence available before it.
(2) Where the competent authority is satisfied that some of the properties
referred to in the show cause notice are illegally acquired properties but is not
able to identify specifically such properties, then, it shall be lawful for the
competent authority to specify the properties which, to the best of its judgment,
are illegally acquired properties and record a finding accordingly under sub-
section (1).
(3) Where the competent authority records a finding under this section to the
effect that any property is illegally acquired property, it shall declare that such
property shall, subject to the provisions of this Chapter stand forfeited to the
Central Government free from all encumbrances:
1[Provided that no illegally acquired property of any person who is referred

to in clause (cc) of sub-section (2) of section 68A 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 forefeited.]
(4) Where any shares in a company stand forfeited to the Central
Government under this Chapter, then, the company shall, notwithstanding
anything contained. in the Companies Act, 1956 (1 of 1956) or the article of
association of the company, forthwith register the Central Government as the
transferee of such shares.
68J. Burden of proof.-ln any proceedings under this Chapter, the burden of
proving that any property specified in the notice served under section 68H is not
illegally acquired property shall be on the person affected.
68K. Fine in lieu of forfeiture.-(1) Where the competent authority makes
a declaration that any property stands forfeited to the Central Government
under section 68-1 and it is a case where the source of only a part of the illegally
acquired property has not been proved to the satisfaction of the competent
authority, it shall make an order giving an option to the person affected to pay,
in lieu of forfeiture, a fine equal to the market value of such part.
(2) Before making an order imposing a fine under sub-section (I), the person
affected shall be given a reasonable opportunity of being heard.
(3) Where the person affected pays the fine due under sub-section (I), within
such time as may be allowed in that behalf, the competent authority may, by
order revoke the declaration of forfeiture under section 68-I and thereupon such
property shall stand released.
68L. Procedure in relation to certain trust properties.-ln the case of any
person referred to in sub-clause (vi) of clause (b) of section 688, if the competent
authority, on the basis of the information and materials available to it, has reason
to believe (the reasons for such belief to be recorded in writing) that any property
held in trust is illegally acquired property, it may serve a notice upon the author
of the trust or as the case may be, the contributor of the assets out of or by means
of which such property was acquired by the trust and the trustees, calling upon
them within a period of thirty days specified in the notice, to explain the source
of money or other assets out of or by means of which such property was acquired
or, as the case may be, the source of money or other assets which were
t. Ins. b_y Act 9 of 2001, sec. 36 (w.e.f. 2-10-2001).
Sec. 68-0J Tho Narcotic Drugs and Psychotropic Substances Act, 1985 49

contributed. to the trust for acquiring such property and thereupon such notice
shall be deemed to be a notice served under section 68H and all the other
provisions of this Chapter shall apply accordingly.
Explanation.-For the purposes of this section "illegally acquired property",
in relation to any property held in trust, includes-
(i) any property which if it had continued to be held by the author of
the trust or the contributor of such property to the trust would have
been illegally acquired. property in relation to such author or
contributor;
(ii) any property acquired by the trust out of any contributions made by
any person which would have been illegally acquired property in
relation to such person had such person acquired such property out
of such contributions.
68M. Certain transfers to be nuU and void.-Where after the making of an
order under sub-section (1) of section 68F or the issue of a notice under section
68H or under section 68L, any property referred to in the said order or notice is
transferred by any mode whatsoever such transfer shall, for the purposes of the
proceedings under the Chapter, be ignored and if such property is subsequently
forfeited to the Central Government under section 68-1, then, the transfer of such
property shall be deemed to be null and void.
68N. Constitution of Appellate Tribunal.-(1) The Central Government
may, by notification in the Official Gazette, constitute an Appellate Tribunal to
be called the Appellate Tribunal for Forfeited Property consisting of a Chairman
and such number of other members (being officers of the Central Government
not below the rank of a Joint Secretary to the Government) as the Central
Government thinks fit, to be appointed by that Government for hearing appeals
against the orders made under section 68F, section 68-1, sub-section (I) of section
68K or section 68L.
(2) The Chairman of the Appellate Tribunal shall be a person who is or has
been or is qualified to be a Judge of the Supreme Court or of a High Court.
(3) The terms and conditions of service of the Chairman and other members
shall be such as may be prescribed.
68-0. Appeals.-(1) 1[Any officer referred to in sub-section (1) of section 68E
or any person aggrieved by an order of the competent authority] made under
section 68F, section 68-1, sub-section (I) of section 68K or section 68L, may, within
forty-five days from the date on which the order is served on him, prefer an
appeal to the Appellate Tribunal:
Provided that the Appellate Tribunal may entertain an appeal after the said
period of forty five days, but not after sixty days,-from the date aforesaid if it is
satisfied that the appellant was prevented by sufficient cause from filing the
appeal in time.
(2) On receipt of an appeal under sub-section (1), the Appellate Tribunal
may, after giving an opportunity to the appellant to be heard, if he so desires,
and after making such further inquiry as it deems fit, confirm or set aside the
order appealed against-
1. Subti-. by Ad 9 of 2001, sec. 37, for "Any person aggrieved by an order of the competent
authority (w.C'.f. 2-10-2001).
50 The Narcotic Drugs and Psychotrop/C Sub-stances Act, 1985 {Sec. 68-0

(3) The powers and functions of the Appellate Tribunal may be exercised and
discharged by Benches consisting of three members and constituted by the
Chairman of the Appellate Tribunal
(4) Notwithstanding anything contained in sub-section (3), where the
Chairman considers it necessary so to do for the expeditious disposal of appeals
under this section, he may constitute a Bench of two members and a Bench so
constituted may exercise and discharge the powers and functions of tl,e
Appellate Tribunal: ·
Provided that if the members of a Bench so constituted differ on any point
or points, they shall state the point or points on which they differ and refer .the
same to a third member (to be specified by the Chairman) for hearing of such
point or points and such point or points shall be decided according to· the
opinion of that member:
1
1Provided further that if the office of the Chairman is vacant by reason of
his death, resignation or otherwise, or if the Chairman is unable to discharge his
duties owing to absence, illness or any other cause, the Central Government
may, by order, nominate any member to act. as the Chairman until a new
Chairman is appointed and assumes charge or, as the case may be, resumes his
duties.]
(5) The Appellate Tribunal may regulate its own procedure.
(6) On application to the Appellate TnOUllal and on payment of the
prescribed fee, the Tribunal may allow a party to any appeal or any person
authorised in this behalf by such party to inspect at any time during office hours,
any relevant records and registers of the Tribunal and obtain a certified copy of
any part thereof.
68P. Notice or order not to be invalid for error in description.-No notice
issued or served, no declaration made, and no order passed under this Chapter
shall be deemed to be invalid by reason of any error in the description of the
property or person mentioned therein if such property or person is identifiable
from the description so mentioned.
6SQ. Bar of jurisdiction.-No order passed or declaration made under this
Chapter shall be appealable except as provided therein and no civil court shall
have jurisdiction in respect of any matter which the Appellate Tribunal or any
competent authority is empowered by or under this Chapter to determine, and
no injunction shall be granted by any court or other authority in respect of any
action taken or to be taken in pursuance of any power conferred by or under this
Chapter.
68R. Competent Authority and Appellate Tribunal to have powers of civil
court.-The competent authority and the Appellate Tribunal shall have all the
powers of a civil court while trying a suit under the Code of Civil Procedure,
1908 (5 of 1908), in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or
office;
1. lns. by Ad 16 of 2014, sec. 23 (w.e.f. 1-5-2014, vide S.O. 1183{E), dated 30th April, 2014).
Sec. 68U] Ths Narcotic Drugs and Psychotropic Substances Act, 1985 51

(e) issuing commissions for examination of witnesses or documents;

(f) any other matter which may be prescribed.
68S. Information to competent authority.--{1) Notwithstanding anything
contained in any other law, the competent authority shall have power to require
any officer or authority of the Central Government or a State Government or a
local authority to furnish information in relation to such persons, points or
matters as in the opinion of the competent authority will be useful for, or
relevant to, the purposes of this Chapter.
(2) Every officer referred to in section 68T may furnish suo motu any
information available with him to the competent authority if in the opinion of the
officer such information will be useful to the competent authority for the
purposes of this Chapter.
68T. Certain officers to assist Administrator, competent authority and
Appeliate Tribunal.-For the purposes of any proceedings under this Chapter,
the following officers are hereby empowered and required to assist the
Administrator appointed under section 68G, competent authority and the
Appellate Tribunal, namely:-
(a) officers of the Narcotics Control Bureau;
(b) officers of the Customs Department;
(c) officers of the Central Excise Department;
(d) officers of the Income-tax Department;
(e) officers of Enforcement appointed under the Foreign Exchange
Regulation Act, 1973 (46 of 1973);
(f) officers of Police;
(g) officers of the Narcotics Department;
(h) officers of the Central Economic Intelligence Bureau;
(i) officers of the Directorate of Revenue Intelligence;
(j) such other officers of the Central or State Government as are
specified by the Central Government in this behalf by notification in
the Official Gazette.
68U. Power to take possession.--(1) Where any property has been declared
to be forfeited to the Central Government under this Chapter, or where the
person affected has failed to pay the fine due under sub-section (1) of section 68K
within the time allowed therefor under sub-section (3) of that section, the
competent authority may order the person affected as well as any other person
who may be in possession of the property to surrender or deliver possession
thereof to the Administrator appointed under section 68G or to any person duly
authorised by him in this behalf within thirty days of the service of the order.
(2) If any person refuses or fails to comply with an order made under sub-
section (1), the Administrator may take possession of the property and may for
that purpose use such force as may be necessary.
(3) Notwithstanding anything contained in sub-section (2), the
Administrator may, for the purpose of taking possession of any property referred
to in sub-section (1) requisition the service of any police officer to assist him and
it shall be the duty of such officer to comply with such requisition.
52 The Narcotic Drogs and Psychotropic Substances Act, 1985 [Sec. 68V

68V. Rectification of mistakes.-With a view to rectifying any mistakes

apparent from record, the competent authority or the Appellate Tribunal, as the
case may be, may amend any order made by it within a period of one year from
the date of the order:
Provided that if any such amendment is likely to affect any person
prejudicially, it shall not be made without giving to such person a reasonable
opportunity of being heard.
68W. Findings under other laws not conclusive for proceedings under this
Chapter.-No finding of any officer or authority under any other law shall be
conclusive for the purposes of any proceedings under this Chapter.
68:X. Service of notices and orders.-Any notice or order issued or made
under this Chapter shall be served-
(a) by tendering the notice or order or sending it by registered post to
the person for whom it is intended or to his agent;
(b) if the notice or order cannot be served in the manner provided in
clause (a), by affixing it on a conspicuous place in the property in
relation to which the notice or order is issued or made or on some
conspicuous part of the premises in which the person for whom it is
intended is known to have last resided or carried on business or
personally worked for gain.
68Y, Punishment for acquiring property in relation to which proceedings
have been taken, under this Chapter.-Any person who knowingly acquired,
by any mode whatsoever, any property in relation to which proceedings are
pending under this Chapter shall be punishable with imprisonment for a term
which may extend to five years and with fine which may extend to fifty
thousand rupees.)
1{68Z. 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 68A 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 thls Chapter shall stand
released.}
CHAPTER VI
MISCELLANEOUS
69. Protection of action taken in good faith,-No suit, prosecution or other
legal proceeding shall lie against the Central Government or a State Government
or any officer of the Central Government or of the State Government or any other
person exercising any powers or discharging any functions or preforming any
duties under this Act, for anything in good faith done or intPnded to be done
under this Act or any rule or order made thereunder.
1. Ins. by Act 9 of 2001, sec. 38 (w.e.f. 2-10-2001).
Sec. 73] The Narcotic Drugs and Psychotropic Substances Act, 1985 53

70. .Central Government and State Government to have regard to

international conventions while making rules.-Wherever under this Act the
Central Government or the State Government has been empowered to make
rules, the Central Government or the State Government, as the Case may be,
subject to other provisiOflS of this Act, may while making the rules have regard
to the provisions of the Single Convention on Narcotic Drugs, 1%1, the Protocol
of 1972 amending the said Convention and of the Convention on Psychotropic
Substances, 1971 to which India is a party and to the provisions of any other
international convention relating to narcotic drugs or psychotropic substances to
which India may become a party.
71. Power of Government to establish centres for identification, treatment,
etc., of addicts and for supply of narcotic drugs and psychotropic substances.-
(!) 1[The Government may establish, recognise or approve as many centres as it
thinks fit for identification, treatment, management].. education, after care,
rehabilitation, social re-integration of addicts and for supply, subject to such
conditions and in such manner as ·may be prescribed, by the concerned
Government of any narcotic drugs and psychotropic substances to the addicts
registered with the Government and to others where such supply is a medical
necessity.
(2) The Government may make rules consistent with this Act providing for
the establishment, appointment, maintenance, management and superintendence
of, and for supply of narcotic drugs and psychotropic substances from, the
centres referred to in sub-section (1) and for the appoinbnent, training, powers,
duties and persons employed in such centres.
72. Recovery of sums due to Government.--{!) In respect of any licence fee
or other sum of any kind payable to the Central Government or to the State
Government under any of the provisions of this Act or of any rule or order made
thereunder, the officer of the Central Government or the State Government, as
the case may be, who is empowered to require the payment of such sum, may
deduct the amount of such sum from any money owing to the person from
whom such sum may be recoverable or due or may recover such amount or sum
by attachment and sale of the goods belonging to such persons and if the amount
of the same is not so recovered, the same may be recovered from the person or
from his swety (if any) as if it were an arrear of land revenue.
(2) When any person, in compliance with any rule made under this Act, gives
a bond (other than a bond under section 34 and section 39) for the performance
of any act, or for his abstention from any act, such performance or abstention
shall be deemed to be public_duty within the meaning of section 74 of the Indian
Contract Act, 1872 (9 of 1872); and upon breach of the conditions of such bond
by him, the whole sum named therein as the amount to be paid in case of such
breach may be recovered from him or from his swety (if any) as if it were an
arrear of land revenue.
73. Bar of jurisdiction.-No civil court shall entertain any suit or proceeding
against any decision made or order passed by any officer or authority under this
Act or under any rule made thereunder on any of the following matters,
namely:-
1. Subs. by Act 16 of2014, :,ec. 24, for "The Government may, in its discretion, establish, as many
centres as it thinks fit for identification, treatment" (w.e.f. 1-5-2014, vidt S.O. 1183(E), dated
30th April, 2014).
54 Th9 Narcotic Drugs and Psychotropic Substances Act, 1985 (Sec. 73

(a) withholding, refusal or cancellation of any licence for the cultivation

of the opium poppy;
(b) weighment, examination and classification according to the quality
and consistence of opium and any deductions from, or addition to,
the standard price made in accordance with such examination;
(c) confiscation of opium found to be adulterated with any foreign
substance.
74. Transitional provisions.-Every officer or other employee of the
Government exercising or performing immediately before the commencement of
this Act, any powers or duties with respect to any matters provided for in this
Act, shall, on such commencement, be deemed to have been appointed under the
relevant provisions of this Act to the same post and with the same designation
as he was holding immediately before such commencement.
1
(74A. Power of Central Government to give directions.-The Central
Government may give such directions as it may deem necessary to a State
Government regarding the carrying into execution of the provisions of this Act,
and the State Government shall comply with such directions.}
75. Power to delegate.-(1} The Central Government may, by notification in
the Official Gazette, delegate subject to such conditions and limitations as may
be specified in the notification, such of its powers and functions under this Act
(except the power to make rules) as it may deem necessary or expedient, to the
Board or any other authority or the Narcotics Commissioner.
(2) The State Government may, by notification in the Official Gazette,
delegate, subject to such conditions and limitations as may be specified in the
notification, such of its powers and functions under this Act (except the power
to make rules) as it may deem necessary or expedient, to any authority or officer
of that Government.
76. Power of Central Government to make rules.-(1) Subject to the other
provisions of this Act, the Central Government may, by notification in the
Official Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:-
(a) the method by which percentages in the case of liquid preparations
shall be calculated for the purposes of clauses (v), (vi), (xiv) and (xv)
of section 2;
(b) the form of bond to keep the peace to be executed under section 34;
(c) the form of bond to be executed for release of an addict convict for
medical treatment under sub-section (1) of SCCtion 39 and the bond
tb be executed by such convict before his release after due
admonition under sub"8ection (2) of that section;
.2[(ca) the manner in which "controlled delivery" under section 50A is to be
undertaken;]
(d) the authority or the person by whom and the manner in which a
document received from any place outside India shall be
authenticated under clause (ii) of section 66;

t. Ins. by Act 2 of 1989, sec. 20 (w.e.f. 29-5-1989).

2 Ins. by Act 9 of 2001, sec. 39 {w.e.f. 2-10-2001).
Sec. 78] The Narcotic Drugs and Psychotropic Substances Act, 1985 55
1[(da) the manner in which and the conditions subject to which properties
shall be managed by the Administrator under sub-section (2) of
section 68G;
(db) the terms and conditions of service of the Chairman and other
members of the Appellate Tribunal under sub-section (3) of section
6BN·
(de) the fees which shall be paid for the inspection of the records and
registers of the Appellate Tribunal or for obtaining the certified copy
of any part thereof under sub-section (6) of section 68-0;
(dd) the powers of a civil court that may be exercised by the competent
authority and the Appellate Tribunal under dause (f) of section 68R;
(de) the disposal of all articles or things confiscated under this Act;
(df) the drawing of samples and testing and analysis of such samples;
(dg) the rewards to be paid to the officer, informers and other persons;)
(e) the conditions and the manner in which narcotic drugs and
psychotropic substances may be supplied for medical necessity to the
addicts registered with the Central Government and to others under
sub-section (1).of section 71;
(f) the establishment, appointment, maintenance, management and
superintendence of centres established by the Central Government
under sub-section {l) of section 71 and appointment, training,
powers and duties of persons employed in such centres;
(g) the term of office of, the manner of filling casual vacancies of, and the
allowance payable to, the Chairman and members of the Narcotic
Drugs and Psychotropic Substances Consultative Committee and the
conditions and restrictions subject to which a non-member may be
appointed to a sub-committee under sub-section (5) of section 6;
(h) any other matter-which is to be, or may be, prescribed.
77. Rules and notifications to be laid before Parliament.-2[Every rule
made under this Act by the Central Government and every notification or order
issued under clause (viia), clause {xi}, clause (xxiiia) of section 2, section 3, section
7A, section 9A and clause (a) of section 27 shall be laid, as soon as may be, after
it is made or issuedJ, before each House of Parliament while it is in session, for
a total period of thirty days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the rule or notification or both Houses agree that the
rule or notification should not be made or issued, the rule or the notification shall
thereafter have effect only in such modified fonn or be of no effect, as the case
may be; so, however, that any such modification or annulment shall be without
prejudice to validity of anything previously done under that rule or notification.
78. Power of State Government to make rules.-(]) Subject to the other
provisions of this Act, the State Government may, by notification in the Official
Gazette, make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:-
1. Ins. by Act 2 of 1989, sec. 21 (w.e.f. 29-5-1989).
2. Subs. by Act 9 of 2001, sec. 40, for certain words (w.e.f. 2-10-2001).
56 The Narcotic Drogs and Psychotropic Substances Act, 1985 (Sec. 78

(a) the conditions and the manner in which narcotic drugs and
psychotropic substances shall be supplied for medical necessity to
the addicts registered with the State Government and others under
sub-section (I) of section 71;
(b) the establishment, appointment, maintenance, management,
superintendence of centres established under sub-section (1) of
section 71 and appointment, training, powers and duties of persons
employed in such centres;
(c) any other matter which is to be, or may be, prescribed.
(3) Every rule made by a State Government under this Act shall be laid, as
soon as may be after it is made, before the Legislature of that State.
79. Application of the Customs Act, 1%2.-All prohibitions and restrictions
imposed by or under this Act on the import into India, the export from India and
transhipment of narcotic drugs and psychotropic substances shall be deem.eel to
be prohibitions and restrictions imposed by or under the Customs Act, 1962 (52
of 1962) and the provisions of that Act shall apply accordingly:
Provided that, where the doing of anything is an offence punishable under
that Act and under this Act, nothing in that Act or in this section shall prevent
the offender from being punished under this Act.
80. Application of the Drugs and Cosmetics Act, 1940 not barred.-The
provisions of this Act or the rules made thereunder shall be in addition to, and
not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940) or the rules
made thereunder.
81. Saving of State and special laws.-Nothing in this Act or in the rules
made therennder shall affect the validity of any Provincial Act or an Act of any
State Legislature for the time being in force, or of any rule made thereunder
which imposes any restriction or provides for a pnnishment not imposed by or
provided for under this Act or imposes a restriction or provides for a
punishment greater in degree than a corresponding restriction imposed by or a
corresponding punishment provided for by or under this Act for the cultivation
oi cannabis plant or consumption of, or traffic in, any narcotic drug or
psychotropic substance within India.
82. Repeal and savings.-(1) The Opium Act, 1857 (13 of 1857), the Opium
Act, 1878 (1 of 1878) and the Dangerous Drugs Act, 1930 (2 of 1930) are hereby
repealed.
{2) Notwithstanding such repeal, anything done or any action taken or
purported to have been done or taken under any of the enactments repealed by
sub-section (1) shall, in so far as it is not inconsistent with the provisions of this
Act, be deemed to have been done or taken under the corresponding provisions
of this Act.
83. Power to remove difficulties.-(1) If any difficulty arises in giving effect
to the provisions of this Act, the Central Government may, by order published
in the Official Gazette, make such provisions not inconsisteri.t with the provisions
of this Act as appear to it to be necessary or expedient for removing the
difficulty:
Provided that no such order shal1 be made after the expiry of a period of
three years from the date on which this Act receives the assent of the President.
(2) Every order made under this section shall, as soon as may be, after it is
made, be laid before the Houses of Parliament.
Sch.) Ths Narcotic Drugs and Psychotropic Substances Act, 1985 57

11-lE SCHECULE
[See clause (xxiii) of section 2]
LIST OF PSYCHOTROPIC SUBSTANCES

SL International non-proprietary Other non-proprietary Chemic:al name

No. names names

I. DET N, N-Diethyltry ptamine

2. DMHP 3-(1,2-Dimethylthpty)•l•hyd.roxy-7,8,9,10,
letrahydro-6, 6,
9-trimethyl.6H-dibenzo [b, d] pyr.in
3. DMT N, N-Dimethyltry ptatnine
4. (+}-LYSERGIDE lSD, LSD-25 (+) N, N-diethyllysergamide (dlysergir
acid diethylamide)
5. meascaline 3.4,5-Trimethoxyphenethylamine
6. parahexyl 3-Hexyl-1-hydroxy-7,B,9,
10-tetrahydro-6,6,
9- trimethyl-6H-dibenzo lb, d] pyran
7. ETICYCUDINE
,. ROLICYCLIDINE
PCE
PHP, PCPY
N-EthyJ-i.-phencly clohexy lamine
1-(1-Phenykydohexyl) pyrrolidine
Psilocine, psilotsm 3-(2-Dimethylamineothyl}-4-
hydroxyindole
10. PSILOCYBINE 3-(2-Dimethylaminoeth)-indol-4-yl dihye-
drogen phosphate.
11. STP,DOM 2-Amino-1-2., 5-dimethoxy-4-methyl)
phenylpropane
12. TENOCYCLIDINE TCP 1-[1-{2)-Thienyl) cyclohexyl] piperidine
1(13. TIITRAHYDROCANNA 7,8,9,l0·letrahydro-6, 6, 9-trimethyl-3-
BIONAL pentyl-6H-dibenzol [b,d) pyrnn-1-0IJ (9R,
lOaR)-8,9, 10, 10a-tetrahydro-6,6,9-
trlmethy-3-pentyl-6H-dibenzol (b,dJ
pyran-1-0)
(6aR. 9R-toaR)-6a,9,10, 10a-telrhydro-
6,6,9-trimethyl-3-pentyl-6H-dibenzo (b,d)
pyran I-Cl.
(6aR. toaR)-6a,7,10. l&·tetrahydro-6,6,
9-trimethyl-3-pentyl-6H-dibenzo[b,d)
pyran-I-OI
(6aR, 10aR}-6a,7, 8, 10,toa-hexahydro 6,6
dim eth y1-1-9-meth ylene-3-penty l-6H-
dibenzo (b,d] pyran-1-01
14. DOM 2,5,--dimethoxy--4-bromoamphetamine
15. MDA 3,4,-methylenedioxy amphetamine
16. AMPHETA?vDNE (±)-2-Amino-I-Phenylpropane
17. DEXAMPHETAMINE (+)-2-Amino-I-phenylpropane
18. MECLOQUALONE 3-(O-Chlorophenyl)-2-methyl-4(3H)-
quinazolinone

1. Subs. by 5.0. 785 (E), dated 26th October, 1992

58 The Narcotic Drugs and Psychotropic Svbstanoos Act, 1985 [Sch.

SJ. International non-propriet.ary Other non-proprietary Chemical name

No. names names

19. METI-!AMPHETAMINE (+)·2-Methyeamino•l-phenylpropane

20. METHAQUALONE 2-Methyl-3-0-tolyl-4(3H)-quinazolinone
21. METHYLPHENIDATE 2-Phenyl-2(2-piperidyl) acetic acid,
methyl ester
22. PHENCYCLIDINE PCP J-{T-Phenykydohexyl) piperidine
23. PHENMETRAZINE 3-Methl-2-phenylmorpholine
24. AMOBARBITAL 5-Ethyl-5(3-tnethylbutyl) barbituric acid
25. CYCLOBARBIT AL 5-(1-Cyclohexen-I-yl)-5-ethylbarbituric
acid
26. GLUTETI-IIMJDE 2-Ethyl-2-phenylglutarimidc
27. PENTAZOCINE 1,2,3,4,5,6-Hexahydro-6,ll-dimethyl-3-(3-
m ethyl- 2-butenyl)- 2,6- me thano -
3-benzazocin-S-01
28. PENTOBARBITAL 5-Ethyl-5-(1-methylbutyl) barbituric acid
29. SECOBARBITAL 5-Ally-5-(1-methylbutyl) baibituric add
30. ALPRAWLAM 8-Chloro-l-methyl-6-phenyl-4H-s-triazolo
[4,3,-a) II 4] benzodiazepine.
31. AMFEPRAMONE 2-(Diethylamino) propiophenone
32. BARBITAL 5, 5-Diethylbarbituric acid
33. BENZPJ-IETAMINE N-Benzyl-N oc--ctimcthylphenethyamine
34. BROMAZEPAM 7-Bromo-1, 3-dihydro-5-(2-pyridyl)-2H-1,
4-benzodiazepin-2-one
35 CAMAZEPAM 7-Chloro-I, 3-dihydro-3-hydroxy-I-
methyl-5-phenyl-2H-1, 4-benzodiazepin-2-
one dimethykarbamate (ester)
36. CHLORDIAZEPOXIDE 7--Chloro--2-(Methylamino)-5-phenyl-3 H-
1, 4-benzodiazepine-4-oxide
37. CLOBAZAM 7..Chloro-I-methyl-5-phenyl-IH-1, 5-benzo
diazepine-2, 4(3H, 5H)-dione.
38 CLONAZEPAM S-(0-Chlorophenyl)-1, 3-dihydro-7-nitro-
2H-I, 4-benzodiazepin-2-one
39. CLORAZEPATE 7-Chloro-2, 3-dihydro-2-oxo-5-phenyl-lH,
4-benzodiazepine-3-a.rboxylic acid
40. CLOTIAZEPAM 5-(0-Chlorophenyl)-7-ethyl-l, 3-dihydro-1 .,
-methyl-2H-thleno (2, 3-e]-1, 4-diazepin-
2-one
CLOXAZOLAM 10-Chloro-l lb-(0-chlorophenyl)-2, 3, 7,
llb-tetrahydrooxazolo-13, 2-d] (1,4]
benzodiazepin-6 (5H)-one)
7--Chloro-S-(0-chlorophenyl)-1,3-dihydro

-
42. DELORAZEPAM
2H-1, 4-benzodiazepin-2-one
43 DIAZEPAM 7-Chloro-1, 3-dihydro-1-methyl-5-phenyl-
2H-1 4-benzondiazepin-2-one
44. FSTAZOLAM B-Chloro-6-phenyl-4H-s-triazolo [4,3-
a1[1,4) benzodiazepine
Sch.] The Narcotle Drugs and Psychotropic Substanc9s Act, 1985 59

SL International non-proprietary Other non-proprietary Otemical name

No. names names

45. ETHCHLORVYNOL Ethy1·2-cltlorovinylethynykarbinol

46. ETI-IINAMATE 1-Ethynylcyclohexanokarbamate
47. ETHYLLOFLAZEPATE Ethyl 7-chloro-5-(0-fluoropheny l)-2,3-
dihydro-2oxo-1H-1, 4-benzodazepine-3-
carboxylate
48. FLUDIAZEP AM 7-Chloro-5-(0-fluoropheny)-1, 3-dihydro-
1- methyl-2H-1, 4-benzodiaz.epin-2-one
49. FLUNITRAZEPAM 5-(0-Fluoropheny)-1, 3-dihydro-1-methyl-
7-nitro•2H-1, 4-benzodiazepin-2-one
50. FLURAZEPAM 7-Chloro-1-(2-(diethylamino) ethyl] -5-(0-
fluorophenyl)-l, 3-dihydro-2H-t, 4-
benzodiazepin-2-one
51. HALAZEPAM 7-Chloro-1, 3-dihydro-5-phenyl-1-(2,2, 2
trifluoroethyl) 2H-1, 4-benzodiazepin-
2-one
52. HALOXAZOLAM 10- Bromo-11 b-0-fluorophenyl)-2,3,7,
llb-tetrahydrooxazolo {3, 2-d]ll, 4]·
benzodiazepin-6 {SH)-one
53. KETAZOLAM 11- chloro-8, 12b·dihydro-2, 8-dimethyl-
12b-phenyl4H-[1, 3)-oxazino-[3, 2-d)
(1,4) benzodiazepine-4, 7(6H)-dlom.•
54. LEFETAMJNE SPA (-)-1-Dimethylamino-1, 2-dipheoylethane
55. WPRAZOLAM 6-(0-Chlorophenyl)-2, 4-dihydro-2-[{4.
methy1-1-piperazinyl) methylene]-8-nitro-
lH-imidazo[l,2-aJ [1,4] benzodiazcpin-1-

56. LORAZEPAM
=
7-Chloro-5-(0-chlorophenyl)-1, 3-dihydro-
3hydroxy-2H·1. 4-benzodiazepin-2--onc
57. LORMETAZEPAM 7-Chloto-5-(0-chlorophenyl)-1, 3-dihydro-
3,-hydroxy-t-methyl-2H-1 4-benzodia-
Zl"'f'in-2-one
58. MAZINOOL 5-(p·Chlorophenyl)-2,5-dihydro-3-H-
inudazo (2,1-x] isoindol-5-ol
59. MEDAZEPAM 7-Chloro-2, 3-dihydro-1-methyl-Sphenyl-
tH-l, 4- ine
60. MEPROBAMATE 2- Methyl-2-propyl-l, 3-propanediol
dicarbamate
61. METI--IYLPHENOBARBITAL 5-Ethyl-1-methyl-S-phenylb.ubituric add
3, 3-Diethyl-5-methyl-2, 4-piperidine-
"· METHYPRYLON
doine
63. NIMETAZEPAM 1,3 Dihydrn-1 methyl-7 nitro-5-phenyl-
lH-1,4-benzodiazepin-2-one
64. NITRAZEPAM 1,3 Dihydro-1-methyl-7-nitro-5-phenyl-2H-
1, 4-benzodiazepin-2-one
65. NORDAZEPAM 7-Chloro- l, 3--dihydro-5-phenyl-2H-1,4·
benzodiazepln-2-one
60 The Narcotic Drugs and Psychotropic Substances Act, 1985 [Sch.

SI. International non-proprietary Other non-proprietary Olemical name

No. names names
66 OXAZEPAM 7-Chloro-l,3-dihydro-3-hydroxy-5-phenyl-
2H-1, 4-benzodiazepin-2-one

" OXAZOLAM 10-Chloro-2, 3, 7, llb-telrahydro-2-

methyl-11b-phenyloxazolo {3,2,-d) (1,4)
benzodiazepin-6-{5H)-one
68. PHENDIMETRAZINE (+)-3, 4-Dimethyl-2-phenyhnorpholine
69. PHENOBARBITAL 5-Ethyl-5-phenylb;ubituric acid
70. PHENTERMlNE a,a,-Dimethylphenethylamine
71. PINAZEPAM 7-Chloro-1, 3-dihydro-5-pheny-l-(2-
propynyl)-2H-1, 4-beru:odiazepin-2-one
72. PIPRADROL l,l •Diphenyl-1-(2-piperid.yl)-meth.,.nol
73. PRAZEPAM 7-Chloro-1-(cyclopropylmethyl)-1, 3-
dihydro-5-phenyl-2H-1, 4-benzodia;,;epin-
2-onc
74. TEMAZEPAM 7-Chloro-1, 3-d ihydro-3hydroxy-l-methyl-
5-phenyl-2H 1, 4--benzodiazepin-2-one
75. TETRAZEPAM 7-Chloro-5-(cydocxen-1-ly) 1, 3-dihydro-
1 methyl-2H-1, 4-benzodiazepin-2-one
76. TRIAZOLAM 8-Chloro-6-(0-chlorphcnyl)-1-methyl-4H-
s-tnazolo(4,3,-a {1,4) benzodiazepin.
'177. CATifiONE (-)(s)-2-aminopropophenone
78. OMA (.t:)-2,5-dimethoxy-a-methlyphenethylamine
79. DOET (:1:)-4 ethyl -2, 5-dimethoxy-a-
phenethylamine
80. MDMA (:1::)-N, a-dimethyl-3. 4-(methylene-dioxy)
phenethylamine
81. 4-methylaminorex ( ±)•cis•2-amino-4-me thy1-5-phenyI-2-
oxazolme
82. MMDA 2-methoxy·a-methyl-4-5, {methylene-
dioxy) phenethylamine
83. N--ethyl lvIDA (:!:) N-ethyl·u-methyl-4, 4 (methylene-
dioxy) phenethylamine
84. N-hydroxy MDA (:!:)·N(u-melhyl 3,4-(methylenedioxy)
phenethy hydroxylamine
85. PMA p-methoxy-a-methylphenethyamine
86. TMA (.t:)-3, 4, 5-trimethoxy•a-methylphenethy-
lamine
87. FENETYLINE 7-(2-(a:-methylphenethyl) amino) ethyl•)
theophyline
88 LEVAMFETAMINE levamphetamine (-)-(R)---a.:-methylphenethylamine
89. lovomethamphetamine (- )-N·Icc-methylphenethylamine

L Added by S,0, 785 (E), dated 26th October, 1992 and as corrected by S.O. 49 (E), dated
8th January. 1993.
Sch.] The Narcotic Drugs and Psychotropic Substances Act, 1985 61

S1. International non-proprietary Other non-proprietary Chemical name

No. names names
90. METAMFETAMINE methamphetamlne (:t)-N-µ-dimethylphenethylamine
RACEMATE mecnate
91. delta-9-•ntetrahy­ (6a-R, 10aR)-6a, 7, 8, 101-tetrahydro-6,
drocannabinol and 6, 9-trimethyl-3-penty 611-dibenzo {b-d]
stereochemical pyran-O1
variants
92. BUPRENORPHINE 21, cyclopropyl-7-µ-[(S)-l-hydroxy-1-2,
2-trimethyl-propyl]6, l 4-endo-ethano-6-
7,8, 14-tetra-llydrooripavine
93. BUTALBITAL 5-allyl-5-isobulylbarbituric acid
94 CATHINE (+)-norpseudo- (+}-(R)-µ-t{R)-1-aminoethyl} benzyl alco-
,,.
96.
ALLOBARBITAL
ETILAMFETAMINE
ephednne
MEFENOREX
N-ethylamphetamine
hol
5,5-diallybarbituric acid
N-ethyl-µ-methylphenethylamine
97. FENCAMEFAMIN N-ethyl-3-phenly-2-norbomanmine
98. FENPROPOREX (J.)-3-[(µ-methyphenethy) amino]
propioxitrile
N(3 chloropropyl)·a-methylphenethy-
"·
100.
MEFENOREX
MIDAZOLAM
lamine
8-chloro-6-a·(o-fluoropheny1)-1-melhyl-
4H-imidazol Il, 5-a] [1,4] benzodiazepme
101. PEMOLINE 2-a mino-5-phen y1-2-oxa zo!in -4-one(-
2-imino-5-phenyl-1-oxazolidinone)
102. PYROVAERONE 4-methy1-2-(1-pyrrolidinyl) valerophenone
103. SECBUTABARBITAL 5-sec-butyl-5-ethylbarbituric acid
104. VINYLBITAL 5-(t-methylbutyl)-5vinylbarbilmic acid
105. rutobarbital 5-butyl-5-ethylbarbituric acid]
'l105A. ETRYPTAMINE (3-(2-aminobutyl) indole)
105B. METHCATHINONE (2-(methylamino)"l phenylpropan-1-one)
JOSC. ZIPEPROL (a-(a-methoxybenzyl)-4
(b methoxyphenethyl)-1-(piperazineelha-
nnl)
1050. AMINOREX (2-amino-5-phenyl-2-oxazoline)
tOSE. BROTIZOLAM (2-bromo-4-)0-chloropheny I)-9-me thy l-
6H-thieno (3,2-f)-s-triazolo [4,3,-a) [1,4)
diazepine)
IOSF. MESOCARB (3-(µ-melhylphenethyl-N-henylerbamoyl)
Sydnone inune].
'1106. 2C-B (4-bromo-2, 5
dimethoxyphenethylamine)
107. 4-MfA (a• Methyl--4-Mthyl
thiophenethylamine)
108. CHB (r-Hydroxybutyrk Acid)
109. Zolpidem (INN))
'[110. amineptine (7-[(10, 11-dihydro-SH-
dibenzo [a, d] cydo heplen-5-yl) amino]
heptanoic acid)]
'[llOA. KETAMINE 2-(2-cholorphenyl)-2-(methyl amino)
cyclohexanone)
5
[110B. MEPHEDRONE 4-methylmethcathinone (RS-2-m.ethylamino-1-(4-methylphenyl)
(4-MMC) propan-1-one)
4-methylephedrone
"[111.J Salts and preparalions of above.

1. Added bv S.O. 39(Ei dated 12th January, 1996.

2. Ins. by C.S.R. 475(E), dated 11th June, 1003.
3. Ins. by G.S.R. l(E), dated 2nd January, 2004.
4. Ins. by G.S.R. 31l(E), dated 10th February, 2011.
5. Ins. by G.S.R. 376(E), dated 5th February, 2015.
6. Serial No. 110 re-numbered as 111 by G.S.R. J(E), dated 2nd January, 2004.
 THE NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES RULES, 19851
In exercise of the powers conferred by section 9, read with section 76 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government
hereby makes the following rules, namely:-
CHAPTER 1
PRELIMINARY
1. Short title and commencement.-(1) These rules may be called the
Narcotic Drugs and Psychotropic Substances Rules, 1985.
(2) They shall come into force on the date2 of their publication in the Official
Gazette.
2. Definitions.-In these rules, unless the context otherwise requires,-
(a) "the Act," means the Narcotic Drugs and Psychotropic Substances
Act, 1985 (61 of 1985);
(b) "Appellate Authority" means any authority to whom an appeal may
lie under any provision of these rules;
3[(c) "Chemical Examiner" means the Chemical Examiner or Deputy

Chief Chemist or Shift Chemist or Assistant Chemical Examiner,

Government Opium and Alkaloid Works, Neemuch or, as the case
may be, Ghazipur;J
(d) "Chief Controller of Factories" means the Chief Controller of
Government Opium and Alkaloid Factories;
4[(da) "Controller of Drugs" means the officer appointed as the controlling

authority by the State Government under rule 50 of the Drugs and

Cosmetics Rules, 1945 made under the Drugs and Cosmetics Act,
1940 (23 of 1940);1
(e) "crop year" means the period beginning on and from the 1st October
of any year to the 30th September of the following year;
4[(ea) "Firm" means a company, body corporate, proprietorship firm,

partnership finn, limited liability partnership firm, association of

persons;]
4[((eb) "Form" means a Form appended to these Rules;]

(f) "General Manager" means the General Manager, Government

Opium and Alkaloid Works, Neemuch or, as the case may be,
Ghazipur;
(g) "issuing authority" means the Narcotic Commissioner or any other
officer who may be authorised in this behalf by the Central

1. Vid!' G.5.R. 837(E), dated 14th November, 1985, published in the Gazette of India, Extra.,
Pt. II, Sec. 3(i), dated 14th November, 1985.
2. came into force on 14-11-1985.
3. Subs. G.S.R. 82, dated 14th February, 1995, for clause (c) (w.e.l. 25-2-1995).
4. Ins. by G.S.R. 359(E), dated 5th May, 2015 {w.e.f. 5-5-2015).
62