THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985

An Act to consolidate and amend the law relating to
narcotic drugs, to make stringent provisions

for the control and regulation of operations
relating to narcotic drugs and psychotropic

substances

[, to provide for the forfeiture of property derived
from, or used in, illicit traffic

in narcotic drugs and psychotropic substances, to
implement the provisions of the

International Conventions on Narcotic Drugs and
Psychotropic Substances] and for matters

connected therewith.

BE it enacted by Parliament in the Thirty-sixty Year
of the Republic of India as follows

CHAPTER I, PRELIMINARY

1. Short title, extent and commencement.— This Act
may be called the Narcotic Drugs and

Psychotropic
Substances Act, 1985.

(2) It extends to the whole of India and it applies
also (a) to all citizens of India outside India;

(b) to all persons on ships and aircrafts registered
in India, wherever they may be].

(3) It shall come into force on such date as the
Central Government may, by notification in the

Official Gazette, appoint, and different dates may
be appointed for different provisions of this Act and for  different States and any reference in any such
provision to the commencement of this Act shall be

construed in relation to any State as a reference to
the coming into force of that provision in that State.

2. Definitions.

3. Power to add to or omit from the list of psychotropic substances.

CHAPTER II, AUTHORITIES
AND OFFICERS

4. Central Government to take measures for
preventing and combating abuse of and illicit traffic in

narcotic drugs, etc.

5. Officers of Central Government.

6. The
Narcotic Drugs and Psychotropie Substances Consultative Committee.

7. Officers of State Government.

CHAPTER IIA, NATIONAL
FUND FOR CONTROL OF DRUG ABUSE

7A. National Fund for Control of Drug Abuse.

7B. Annual report of activities financed under the
Fund.

CHAPTER III, PROHIBITION,
CONTROL AND REGULATION

8. Prohibition of certain operations.

8A. Prohibition of certain activities relating to
property derived from offence.

9. Power of Central Government to permit, control
and regulate.

9A. Power to control and regulate controlled
substances.

10. Power of State Government to permit, control and
regulate.

11. Narcotic drugs and psychotropic substances,
etc., not liable to distress or attachment.

12. Restrictions over external dealings in narcotic
drugs and psychotropic substances.

13. Special provisions relating to coca plant and
coca leaves for use in the preparation of flavouring

agent.

14. Special provision relating to cannabis.

CHAPTER IV, OFFENCES
AND PENALTIES

15. Punishment for contravention in relation to
poppy straw.

16. Punishment for contravention in relation to coca
plant and coca leaves.

17. Punishment for contravention in relation to
prepared opium.

18. Punishment for contravention in relation to
opium poppy and opium.

19. Punishment for embezzlement of opium by cultivator.

20. Punishment for contravention in relation to
cannabis plant and cannabis.

21. Punishment for contravention in relation to
manufactured drugs and preparations.

22. Punishment for contravention in relation to
psychotropic substances.

23. Punishment for illegal import in to India,
export from India or transhipment of narcotic drugs and

psychotropic substances.

24. Punishment for external dealings in narcotic
drugs and psychotropic substances in contravention

of section 12.

25. Punishment for allowing premises, etc., to be
used for commission of an offence.

25A. Punishment for contravention of orders made
under section 9A.

26. Punishment for certain acts by licensee or his
servants.

27. Punishment for consumption of any narcotic drug
or psychotropic substance.

27A. Punishment for financing illicit traffic and
harbouring offenders.

27B. Punishment for contravention of section 8A.

28. Punishment for attempts to commit offences.

29. Punishment for abetment and criminal conspiracy.

30. Preparation.

31. Enhanced punishment for offences after previous conviction.

31A. Death penalty for certain offences after
previous conviction.

32. Punishment for offence for which no punishment
is provided.

32A. No suspension, remission or commutation in any
sentence awarded under this Act.

32B. Factors to be taken into account for imposing
higher than the minimum punishment.

33. Application
of section 360 of the Code of
Criminal Procedure, 1973 and of the Probation
of

Offenders Act,
1958.

34. Security for abstaining from commission of
offence.

35. Presumption of culpable mental state.

36. Constitution
of Special Court.

36A. Offences triable by Special Courts.

36B. Appeal and revision.

36C. Application of Code to proceedings before a
Special Court.

36D. Transitional provisions.

37. Offences to be cognizable and non-bailable.

38. Offences by companies.

39. Power of court to release certain offenders on
probation.

40. Power of court to publish names, place of
business, etc., of certain offenders.

CHAPTER V, PROCEDURE

41. Power to issue warrant and authorisation.

42. Power of entry, search, seizure and arrest
without warrant or authorisation.

43. Power of seizure and arrest in public place.

44. Power of entry, search, seizure and arrest in
offences relating to coca plant, opium poppy and

cannabis plant.

45. Procedure where seizure of goods liable to
confiscation not practicable.

46. Duty of land holder to give information of
illegal cultivation.

47. Duty of certain officers to give information of
illegal cultivation.

48. Power of attachment of crop illegally
cultivated.

49. Power to stop and search conveyance.

50. Conditions under which search of persons shall
be conducted.

50A. Power to undertake controlled delivery.

51. Provisions of the code of Criminal Procedure,
1973 to apply to warrants, arrests, searches and

seizures.

52. Disposal of persons arrested and articles
seized.

52A. Disposal of seized narcotic drugs and
psychotropic substances.

53. Power to invest officers of certain departments
with powers of an officer-in-charge of a police

station.

53A. Relevancy of statements under certain
circumstances.

54. Presumption from possession of illicit articles.

55. Police to take charge of articles seized and
delivered.

56. Obligation of officers to assist each other.

57. Report of arrest and seizure.

57A. Report of seizure of property of the person
arrested by the notified officer.

58. Punishment for vexatious entry, search, seizure
or arrest.

59. Failure of officer in duty or his connivance at
the contravention of the provisions of this Act.

60. Liability of illicit drugs, substances, plants,
articles and conveyances to confiscation.

61. Confiscation of goods used for concealing
illicit drugs or substances.

62. Confiscation of sale proceeds of illicit drugs
or substances.

63. Procedure in making confiscations.

64. Power to tender immunity from prosecution.

64A. Immunity from prosecution to addicts
volunteering for treatment.

65. [Omitted].

66. Presumption as to documents in certain cases.

67. Power to call for information, etc.

68. Information as to commission of offences.

CHAPTER VA, FORFEITURE
OF ILLEGALLY ACQUIRED PROPERTY

68A. Application.

68B. Definitions.

68C. Prohibition of holding illegally acquired
property.

68D. Competent authority.

68E. Identifying illegally acquired property.

68F. Seizure or freezing of illegally acquired
property.

68G. Management of properties seized or forfeited
under this Chapter.

68H. Notice of forfeiture of property.

68-I. Forfeiture of property in certain cases.

68J. Burden of proof.

68K. Fine in lieu of forfeiture.

68L. Procedure in relation to certain trust
properties.

68M. Certain transfers to be null and void.

68N. Constitution of Appellate Tribunal.

68-O. Appeals.

68P. Notice or order not to be invalid for error in
description.

68Q. Bar of jurisdiction.

68R. Competent authority and Appellate Tribunal to
have powers of civil court.

68S. Information to competent authority.

68T. Certain officers to assist Administrator,
competent authority and Appellate Tribunal.

68U. Power to take possession.

68V. Rectification of mistakes.

68W. Findings under other laws not conclusive for
proceedings under this Chapter.

68X. Service of notices and orders.

68Y. Punishment for acquiring property in relation
to which proceedings have been taken, under this

Chapter.

68Z. Release of property in certain cases.

CHAPTER VI, MISCELLANEOUS

69. Protection of action taken in good faith.

70. Central Government and State Government to have
regard to international conventions while

making rules.

71. Power of Government to establish centres for
identification, treatment, etc., of addicts and for

supply of narcotic drug and psychotropic substances.

72. Recovery of sums due to Government.

73. Bar of jurisdiction.

74. Transitional provisions.

74A. Power of Central Government to give directions.

75. Power to delegate.

76. Power of Central Government to make rules.

77. Rules and notifications to be laid before
Parliament.

78. Power of State Government to make rules.

79. Application of the Customs Act, 1962.

80. Application of the Drugs and Cosmetics Act, 1940
not barred.

81. Saving of State and special laws.

82. Repeal and savings.

83. Power to remove difficulties.

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