THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT 2001

 

 

 

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001

 

ACT NO. 9 OF 2001

 

[9th May, 2001.]

An Act further to amend the Narcotic Drugs and Psychotropic Substances

Act, 1985. BE it enacted by Parliament in the Fifty-second Year of the

Republic of India as follows:-

 

Short title and commencement.

 

1. Short title and commencement.-(1) This Act may be called the Narcotic

Drugs and Psychotropic Substances (Amendment) Act, 2001.

 

(2) 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 any reference in

any provision to the commencement of this Act shall be construed as a

reference to the coming into force of that provision.

 

Amendment of section 1. 2. Amendment of section 1.-In the Narcotic Drugs

and Psychotropic Substances Act, 1985 (61 of 1985) (hereinafter referred

to as the

 

principal Act), in section 1, in sub-section (2), after the words "whole

of India", the following shall be inserted, namely:- "and it applies

also- (a) to all citizens of India outside India; (b) to all persons on

ships and aircrafts registered in India, wherever they may be".

 

Amendment of section 2. 3. Amendment of section 2.-In section 2 of the

principal Act,- (a) for clause (i), the following clause shall be

substituted, namely:- '(i) "addict" means a person who has dependence on

any narcotic drug or psychotropic substance;'; (b) clause (viia) shall be

relettered as clause (viid) and before clause (viid) as so relettered,

the following clauses shall be inserted, namely:- '(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; (viib) "controlled

delivery" means the technique of allowing illicit or suspect consignments

of narcotic drugs, psychotropic substances, controlled substances or

substances substituted for them to pass out of, or through or into the

territory of India with the knowledge and under the supervision of an

officer empowered in this behalf or duly authorised under section 50A

with a view to identifying the persons involved in the commission of an

offence under this Act; (viic) "corresponding law" means any law

corresponding to the provisions of this Act;'; (c) after clause (xxiii),

the following clause shall be inserted, namely:- '(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.'.

 

Amendment of section 7A. 4. Amendment of section 7A.-In section 7A of the

principal Act, for

 

sub-sections (2) and (3), the following sub-sections shall be

substituted, namely:-

 

"(2) The Fund shall be applied by the Central Government to meet the

expenditure incurred in connection with the measures taken for- (a)

combating illicit traffic in narcotic drugs, psychotropic substances or

controlled substances; (b) controlling the abuse of narcotic drugs and

psychotropic substances; (c) identifying, treating, rehabilitating

addicts; (d) preventing drug abuse; (e) educating public against drug

abuse; and (f) supplying drugs to addicts where such supply is a medical

necessity.

 

(3) The Central Government may constitute a Governing Body as it thinks

fit to advise that Government and to sanction money out of the said Fund

subject to the limit notified by the Central Government in the Official

Gazette.".

 

Insertion of new section 8A. 5. Insertion of new section 8A.-After

section 8 of the principal Act, the following section shall be inserted,

namely:- '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 (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.'.

 

Substitution of new sections for sections 15 to 18. 6. Substitution of

new sections for sections 15 to 18.-For sections 15 to 18 of the

principal Act, the following sections shall be substituted, namely:- "15.

Punishment for contravention in relation to poppy straw.- Whoever, in

contravention of any provisions of this Act or any rule or order made or

condition of a licence granted thereunder, produces, possesses,

transports, imports inter-State, exports inter-State, sells, purchases,

uses or omits to warehouse poppy straw or removes or does any act in

respect of warehoused poppy straw shall be punishable,- (a) where the

contravention involves small quantity, with rigorous imprisonment for a

term which may extend to six months, or with fine which may extend to ten

thousand rupees, or with both; (b) where the contravention involves

quantity lesser than commercial quantity but greater than small quantity,

with rigorous imprisonment for a term which may extend to ten years, and

with fine which may extend to one lakh rupees; (c) where the

contravention involves commercial quantity, with rigorous imprisonment

for a term which shall not be less than ten years but which may extend to

twenty years, and shall also be liable to fine which shall not be less

than one lakh rupees but which may extend to two lakh rupees: Provided

that the court may, for reasons to be recorded in the judgment, impose a

fine exceeding two lakh rupees. 16. Punishment for contravention in

relation to coca plant and coca leaves.-Whoever, in contravention of any

provision of this Act or any rule or order made or condition of licence

granted thereunder, cultivates any coca plant or gathers any portion of a

coca plant or produces, possesses, sells, purchases, transports, imports

inter-State, exports inter-State or uses coca leaves shall be punishable

with rigourous imprisonment for a term which may extend to ten years, and

with fine which may extend to one lakh rupees. 17. Punishment for

contravention in relation to prepared opium.-Whoever, in contravention of

any provision of this Act or any rule or order made or condition of

licence granted thereunder, manufactures, possesses, sells, purchases,

transports, imports inter-State, exports inter-State or uses prepared

opium shall be punishable- (a) where the contravention involves small

quantity, with rigorous imprisonment for a term which may extend to six

months, or with fine which may extend to ten thousand rupees, or with

both; or (b) where the contravention involves quantity lesser than

commercial quantity but greater than small quantity, with rigorous

imprisonment for a term which may extend to ten years, and with fine

which may extend to one lakh rupees; or (c) where the contravention

involves commercial quantity, with rigorous imprisonment for a term which

shall not be less than ten years but which may extend to twenty years,

and shall also be liable to fine which shall not be less than one lakh

rupees but which may extend to two lakh rupees: Provided that the court

may, for reasons to be recorded in the judgment, impose a fine exceeding

two lakh rupees. 18. Punishment for contravention in relation to opium

poppy and opium.-Whoever, in contravention of any provision of this Act

or any rule or order made or condition of licence granted thereunder,

cultivates the opium poppy or produces, manufactures, possesses, sells,

purchases, transports, imports inter-State, exports inter-State or uses

opium shall be punishable,- (a) where the contravention involves small

quantity, with rigorous imprisonment for a term which may extend to six

months, or with fine which may extend to ten thousand rupees, or with

both; (b) where the contravention involves commercial quantity, with

rigorous imprisonment for a term which shall not be less than ten years

but which may extend to twenty years, and shall also be liable to fine

which shall not be less than one lakh rupees which may extend to two lakh

rupees: Provided that the court may, for reasons to be recorded in the

judgment, impose a fine exceeding two lakh rupees; (c) in any other case,

with rigorous imprisonment which may extend to ten years and with fine

which may extend to one lakh rupees.".

 

Amendment of section 20. 7. Amendment of section 20.-In section 20 of the

principal Act, in clause (b), for sub-clauses (i) and (ii), the following

sub-clauses shall be substituted, namely:- "(i) where such contravention

relates to clause (a) with rigorous imprisonment for a term which may

extend to ten years, and shall also be liable to fine which may extend to

one lakh rupees; and (ii) where such contravention relates to sub-clause

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

term which may extend to six months, or with fine which may extend to ten

thousand rupees, or with both; (B) and involves quantity lesser than

commercial quantity but greater than small quantity, with rigorous

imprisonment for a term which may extend to ten years, and with fine

which may extend to one lakh rupees; (C) and involves commercial

quantity, with rigorous imprisonment for a term which shall not be less

than ten years 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.".

 

Substitution of new sections for sections 21 to 23. 8. Substitution of

new sections for sections 21 to 23.-For sections 21 to 23 of the

principal Act, the following sections shall be substituted, namely:- "21.

Punishment for contravention in relation to manufactured drugs and

preparations.-Whoever, in contravention of any provision of this Act or

any rule or order made or condition of licence granted thereunder,

manufactures, possesses, sells, purchases, transports, imports

inter-State, exports inter-State or uses any manufactured drug or any

preparation containing any manufactured drug shall be punishable,- (a)

where the contravention involves small quantity, with rigorous

imprisonment for a term which may extend to six months, or with fine

which may extend to ten thousand rupees, or with both; (b) where the

contravention involves quantity, lesser than commercial quantity but

greater than small quantity, with rigorous imprisonment for a term which

may extend to ten years, and with fine which may extend to one lakh

rupees; (c) where the contravention involves commercial quantity, with

rigorous imprisonment for a term which shall not be less than ten years

but which may extend to twenty years, and shall also be liable to fine

which shall not be less than one lakh rupees but which may extend to two

lakh rupees: Provided that the court may, for reasons to be recorded in

the judgment, impose a fine exceeding two lakh rupees. 22. Punishment for

contravention in relation to psychotropic substances.-Whoever, in

contravention of any provision of this Act or any rule or order made or

condition of licence granted thereunder, manufacturers, possesses, sells,

purchases, transports, imports inter-State, exports inter-State or uses

any psychotropic substance shall be punishable,- (a) where the

contravention involves small quantity, with rigorous imprisonment for a

term which may extend to six months, or with fine which may extend to ten

thousand rupees, or with both; (b) where the contravention involves

quantity, lesser than commercial quantity but greater than small

quantity, with rigorous imprisonment for a term which may extend to ten

years, and with fine which may extend to one lakh rupees; (c) where the

contravention involves commercial quantity, with rigorous imprisonment

for a term which shall not be less than ten years but which may extend to

twenty years, and shall also be liable to fine which shall not be less

than one lakh rupees but which may extend to two lakh rupees: Provided

that the court may, for reasons to be recorded in the judgment, impose a

fine exceeding two lakh rupees. 23. Punishment for illegal import into

India, export from India or transhipment of narcotic drugs and

psychotropic substances.-Whoever, in contravention of any provision of

this Act or any rule or order made or condition of licence or permit

granted or certificate or authorisation issued thereunder, imports into

India or exports from India or tranships any narcotic drug or

psychotropic substance shall be punishable,- (a) where the contravention

involves small quantity, with rigorous imprisonment for a term which may

extend to six months, or with fine which may extend to ten thousand

rupees, or with both; (b) where the contravention involves quantity,

lesser than commercial quantity but greater than small quantity, with

rigorous imprisonment for a term which may extend to ten years, and with

fine which may extend to one lakh rupees; (c) where the contravention

involves commercial quantity, with rigorous imprisonment for a term which

shall not be less than ten years but which may extend to twenty years,

and shall also be liable to fine which shall not be less than one lakh

rupees but which may extend to two lakh rupees: Provided that the court

may, for reasons to be recorded in the judgment, impose a fine exceeding

two lakh rupees.".

 

Substitution of new section for section 25. 25. Substitution of new

section for section 25.-For section 25 of the principal Act, the

following section shall be substituted, namely:- "25. Punishment for

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

offence.-Whoever, being the owner or occupier or having the control or

use of any house, room, enclosure, space, place, animal or conveyance,

knowingly permits it to be used for the commission by any other person of

an offence punishable under any provision of this Act, shall be

punishable with the punishment provided for that offence.".

 

Substitution of new section for section 27. 10. Substitution of new

section for section 27.-For section 27 of the principal Act, the

following section shall be substituted, namely:- "27. Punishment for

consumption of any narcotic drug or psychotropic substance.-Whoever

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 clause (a), with imprisonment for a term

which may extend to six months, or with fine which may extend to ten

thousand rupees, or with both.".

 

Amendment of section 30. 11. Amendment of section 30.-In section 30 of

the principal Act, for the words, figures and brackets "section 15 to

section 25 (both inclusive) and from the circumstances of the case", the

words, figures and letter "sections 19, 24 and 27A and for offences

involving commercial quantity of any narcotic drug or psychotropic

substance and from the circumstances of the case" shall be substituted.

 

Substitution of new section for section 31. 12. Substitution of new

section for section 31.-For section 31 of the principal Act, the

following section shall be substituted, namely:-

 

"31. Enhanced punishment for offences after previous conviction.-(1) If

any person who has been convicted of the commission of, or attempt to

commit, or abetment of, or criminal conspiracy to commit, any of the

offences punishable under this Act is subsequently convicted of the

commission of, or attempt to commit, or abetment of, or criminal

conspiracy to commit, an offence punishable under this Act with the same

amount of punishment shall be punished for the second and every

subsequent offence with rigorous imprisonment for a term which may extend

to one-half of the maximum term of imprisonment, and also be liable to

fine which shall extend to one-half of the maximum amount of fine.

 

(2) Where the person referred to in sub-section (1) is liable to be

punished with a minimum term of imprisonment and to a minimum amount of

fine, the minimum punishment for such person shall be one-half of the

minimum term of imprisonment and one-half of the minimum amount of fine:

Provided that the court may, for reasons to be recorded in the judgment,

impose a fine exceeding the fine for which a person is liable.

 

(3) Where any person is convicted by a competent court of criminal

jurisdiction outside India under any corresponding law, such person, in

respect of such conviction, shall be dealt with for the purposes of

 

sub-sections (1) and (2) as if he had been convicted by a court in

India.".

 

Amendment of section 31A. 13. Amendment of section 31A.-In section 31A of

the principal Act,-

 

(a) in sub-section (1),- (i) for the words, figures, brackets and letter

"section 15 to section 25 (both inclusive) or section 27A", the words,

figures and letter "section 19, section 24, section 27A and for offences

involving commercial quantity of any narcotic drug or psychotropic

substance" shall be substituted;

 

(ii) in sub-clause (a), in the Table, in column (2), against entry

(viii), for the figures and word "1,500 grams", the words "lesser of the

quantity between the quantities given against the respective narcotic

drugs or psychotropic substances mentioned above forming part of the

mixture" shall be substituted;

 

(b) in sub-section (2), for the words, figures, brackets and letter

"section 15 to section 25 (both inclusive), section 27A, section 28 or

section 29", the words, figures and letter "section 19, section 24 or

section 27A and for offences involving commercial quantity of any

narcotic drug or psychotropic substance" shall be substituted.

 

Insertion of new section 32B. 14. Insertion of new section 32B.-After

section 32A of the principal Act, the following section shall be

inserted, namely:- "32B. Factors to be taken into account for imposing

higher than the minimum punishment.-Where a minimum term of imprisonment

or amount of fine is prescribed for any offence committed under this Act,

the court may, in addition to such factors as it may deem fit, take into

account the following factors for imposing a punishment higher than the

minimum term of imprisonment or amount of fine, namely:- (a) the use or

threat of use of violence or arms by the offender; (b) the fact that the

offender holds a public office and that he has taken advantage of that

office in committing the offence; (c) the fact that the minors are

affected by the offence or the minors are used for the commission of an

offence; (d) the fact that the offence is committed in an educational

institution or social service facility or in the immediate vicinity of

such institution or faculty or in other place to which school children

and students resort for educational, sports and social activities; (e)

the fact that the offender belongs to organised international or any

other criminal group which is involved in the commission of the offence;

and (f) the fact that the offender is involved in other illegal

activities facilitated by commission of the offence.".

 

Substitution of new section for section 36A. 15. Substitution of new

section for section 36A.-For section 36A of the principal Act, the

following section shall be substituted, namely:-

 

'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 with imprisonment for a term

of more than three years shall be triable only by the Special Court

constituted for the area in which the offence has been committed or where

there are more Special Courts than one for such area, by such one of them

as may be specified in this behalf by the Government; (b) where a person

accused of or suspected of the commission of an offence under this Act is

forwarded to a Magistrate under sub-section

 

(2) or sub-section (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 under

section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), in

relation to an accused person in such case who has been forwarded to him

under that section; (d) a Special Court may, upon perusal of police

report of the facts constituting an offence under this Act or upon

complaint made by an officer of the Central Government or a State

Government authorised in this behalf, take cognizance of that offence

without the accused being committed to it for trial.

 

(2) When trying an offence under this Act, a Special Court may also try

an offence other than an offence under this Act with which the accused

may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged

at the same trial.

 

(3) Nothing contained in this section shall be deemed to affect the

special powers of the High Court regarding bail under section 439 of the

Code of Criminal Procedure, 1973 (2 of 1974), and the High Court may

exercise such powers including the power under clause (b) of

 

sub-section (1) of that section as if the reference to "Magistrate" in

that section included also a reference to a "Special Court" constituted

under section 36.

 

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

19 or section 24 or section 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 for the detention of the accused beyond the said

period of one hundred and eighty days.

 

(5) Notwithstanding anything contained in the Code of Criminal Procedure,

1973 (2 of 1974), the offences punishable under this Act with

imprisonment for a term of not more than three years may be tried

summarily.'.

 

Substitution of new section for section 36D. 16. Substitution of new

section for section 36D.-For section 36D of the principal Act, the

following section shall be substituted, namely:-

 

"36D. Transitional provisions.-(1) Any offence committed under this Act

on or after the commencement of the Narcotic Drugs and Psychotropic

Substances (Amendment) Act, 1988 (2 of 1989), which is triable by a

Special Court shall, until a Special Court is constituted under section

36, notwithstanding anything contained in the Code of Criminal Procedure,

1973 (2 of 1974), be tried by a Court of Session.

 

(2) Where any proceedings in relation to any offence committed under this

Act on or after the commencement of the Narcotic Drugs and Psychotropic

Substances (Amendment) Act, 1988 (2 of 1989) are pending before a Court

of Session, then, notwithstanding anything contained in

 

sub-section (1), such proceeding shall be heard and disposed of by the

Court of Session: Provided that nothing contained in this sub-section

shall affect the power of the High Court under section 407 of the Code of

Criminal Procedure, 1973 (2 of 1974) to transfer any case or class of

cases

 

taken cognizance by a Court of Session under sub-section (1).".

 

Amendment of section 37. 17. Amendment of section 37.-In section 37 of

the principal Act, in

 

sub-section (1), in clause (b), for the words "a term of imprisonment of

five years or more under this Act", the words, figures and letter

"offences under section 19 or section 24 or section 27A and also for

offences involving commercial quantity" shall be substituted.

 

Amendment of section 39. 18. Amendment of section 39.-In section 39 of

the principal Act, in

 

sub-section (1), after the words and figures "under section 27", the

words "or for offences relating to small quantity of any narcotic drug or

psychotropic substance" shall be inserted.

 

Substitution of new sections for sections 41 to 43. 19. Substitution of

new sections for section 41 to 43.-For sections 41 to 43 of the principal

Act, the following sections shall be substituted, namely:-

 

'41. Power to issue warrant and authorisation.-(1) A Metropolitan

Magistrate or a Magistrate of the first class or any Magistrate of the

second class specially empowered by the State Government in this behalf,

may issue a warrant for the arrest of any person whom he has reason to

believe to have committed any offence punishable under this Act, or for

the search, whether by day or by night, of any building, conveyance or

place in which he has reason to believe any narcotic drug or psychotropic

substance or controlled substance in respect of which an offence

punishable under this Act has been committed or any document or other

article which may furnish evidence of the commission of such offence or

any illegally acquired property or any document or other article which

may furnish evidence of holding any illegally acquired property which is

liable for seizure or freezing or forfeiture under Chapter 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 if

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 officer who authorised the arrest or search or the officer who

 

is so authorised under sub-section (2) shall have all the powers of an

officer acting under section 42. 42. Power of entry, search, seizure and

arrest without warrant or

 

authorisation.-(1) Any such officer (being an officer superior in rank to

a peon, sepoy or constable) of the departments of central excise,

narcotics, customs, revenue intelligence or any other department of the

Central Government including para-military or armed forces as is

empowered in this behalf by general or special order by the Central

Government, or any such officer (being an officer superior in rank to a

peon, sepoy or constable) of the revenue, drugs control, excise, police

or any other department of a State Government as is empowered in this

behalf by general 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

subset,- (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) detail and search, and,

if he thinks proper, arrest any person whom he has reason to believe to

have committed any offence punishable under this Act: Provided that if

such officer has reason to believe that a search warrant or authorisation

cannot be obtained without affording opportunity for the concealment of

evidence or facility for the escape of an offender, he may enter and

search such building, conveyance or enclosed place at any time between

sunset and sunrise after recording the grounds of his belief.

 

(2) Where an officer takes down any information in writing under

 

sub-section (1) or records grounds for his belief under the proviso

thereto, he shall within seventy-two hours send a copy thereof to his

immediate official superior. 43. Power of seizure and arrest in public

place.-Any officer of any of the departments mentioned in section 42 may-

(a) seize in any public place or in transit, any narcotic drug or

psychotropic substance or controlled substance in respect of which he has

reason to believe an offence punishable under this Act has been

committed, and, along with such drug or substance, any animal or

conveyance or article liable to confiscation under this Act, any document

or other article which he has reason to believe may furnish evidence of

the commission of an offence punishable under this Act or any document or

other article which may furnish evidence of holding any illegally

acquired property which is liable for seizure or freezing or forfeiture

under Chapter 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 unlawful, arrest him and any other person in his company.

Explanation.-For the purposes of this section, the expression "public

place" includes any public conveyance, hotel, shop, or other place

intended for use by, or accessible to, the public.'.

 

Amendment of section 44. 20. Amendment of section 44.-In section 44 of

the principal Act, after the words "psychotropic substance", the words

"or controlled substance" shall be inserted.

 

Amendment of section 49. 21. Amendment of section 49.-In section 49 of

the principal Act,

 

after sub-section (4), the following sub-sections shall be inserted,

namely:-

 

"(5) When an officer duly authorised under section 42 has reason to

believe that it is not possible to take the person to be searched to the

nearest Gazetted Officer or Magistrate without the possibility of the

person to be searched parting with possession of any narcotic drug or

psychotropic substance, or controlled substance or article or document,

he may, instead of taking such person to the nearest Gazetted Officer or

Magistrate, proceed to search the person as provided under section 100 of

the Code of Criminal Procedure, 1973 (2 of 1974).

 

(6) After a search is conducted under sub-section (5), the officer shall

record the reasons for such belief which necessitated such search and

within seventy-two hours send a copy thereof to his immediate official

superior.".

 

Insertion of new section 50A. 23. Insertion of new section 50A.-After

section 50 of the principal Act, the following section shall be inserted,

namely:- "50A. Power to undertake controlled delivery.-The Director

General of

 

Narcotics Control Bureau constituted under sub-section (3) of section 4

or any other officer authorised by him in this behalf, may,

notwithstanding anything contained in this Act, undertake controlled

delivery of any consignment to- (a) any destination in India; (b) a

foreign country, in consultation with the competent authority of such

foreign country to which such consignment is destined, in such manner as

may be prescribed.".

 

Amendment of section 53. 24. Amendment of section 53.-In section 53 of

the principal Act,-

 

(a) in sub-section (1), for the words "or Border Security Force", the

words "or any other department of the Central Government including

para-military forces or armed forces" shall be substituted;

 

(b) in sub-section (2), after the word "excise", the words "or any other

department" shall be inserted.

 

Substitution of new section for section 54. 25. Substitution of new

section for section 54.-For section 54 of the principal Act, the

following section shall be substituted, namely:- "54. Presumption from

possession of illicit articles.-In trials under this Act, it may be

presumed, unless and until the contrary is proved, that the accused has

committed an offence under this Act in respect of- (a) any narcotic drug

or psychotropic substance or controlled substance; (b) any opium poppy,

cannabis plant or coca plant growing on any land which he has cultivated;

(c) any apparatus specially designed or any group of utensils specially

adopted for the manufacture of any narcotic drug or psychotropic

substance or controlled substance; or (d) any materials which have

undergone any process towards the manufacture of a narcotic drug or

psychotropic substance or controlled substance, or any residue left of

the materials from which any narcotic drug or psychotropic substance or

controlled substance has been manufactured, for the possession of which

he fails to account satisfactorily.".

 

Amendment of section 60. 26. Amendment of section 60.-In section 60 of

the principal Act,-

 

(a) for sub-section (1), the following sub-section shall be substituted,

namely:-

 

"(1) Whenever any offence punishable under this Act has been committed,

the narcotic drug, psychotropic substance, controlled substance, opium

poppy, coca plant, cannabis plant, materials, apparatus and utensils in

respect of which or by means of which such offence has been committed,

shall be liable to confiscation.";

 

(b) in sub-sections (2) and (3), after the words "psychotropic

substance", wherever they occur, the words "or controlled substances"

shall be inserted.

 

Amendment of section 61. 27. Amendment of section 61.-In section 61 of

the principal Act, for the words "narcotic drug or psychotropic

substance", the words "narcotic drug, psychotropic substance or

controlled substance" shall be substituted.

 

Amendment of section 62. 28. Amendment of section 62.-In section 62 of

the principal Act, for the words "narcotic drug or psychotropic

substance", the words "narcotic drug, psychotropic substance or

controlled substance" shall be substituted.

 

Amendment of section 63. 29. Amendment of section 63.-In section 63 of

the principal Act,-

 

(a) in sub-section (2), in the second proviso, after the words

"psychotropic substance", the words "controlled substance" shall be

inserted;

 

(b) sub-section (3) shall be omitted.

 

Substitution of new section for section 64A. 30. Substitution of new

section for section 64A.-For section 64A of the principal Act, the

following section shall be substituted, namely:- "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 treatment for de-addiction from

a hospital or an institution maintained or recognised by the Government

or a local authority and undergoes such treatment shall not be liable to

prosecution under section 27 or under any other section for offences

involving small quantity of narcotic drugs or psychotropic substances:

Provided that the said immunity from prosecution may be withdrawn if the

addict does not undergo the complete treatment for de-addiction.".

 

Amendment of section 68A. 31. Amendment of section 68A.-In section 68A of

the principal Act, in

 

sub-section (2),- (i) in clause (a), for the word "five", the word "ten"

shall be substituted; (ii) after clause (c), the following clause shall

be inserted, namely:- "(cc) every person who has been arrested or against

whom a warrant or authorisation of arrest has been issued for the

commission of an offence punishable under this Act with imprisonment for

a term of ten years or more, and every person who has been arrested or

against whom a warrant or authorisation of arrest has been issued for the

commission of a similar offence under any corresponding law of any other

country;"; (iii) in clauses (d), (e) and (f), after the word, brackets

and letter "clause (c)", the words, brackets and letters "or clause (cc)"

shall be inserted.

 

Amendment of section 68B. 32. Amendment of section 68B.-In section 68B of

the principal Act, in clause (g), in sub-clause (i), for the words

"illicit traffic", the words "the contravention of any provisions of this

Act" shall be substituted.

 

Amendment of section 68C. 33. Amendment of section 68C.-In section 68C of

the principal Act, in

 

sub-section (2), for the proviso, the following proviso shall be

substituted, namely:- "Provided that no property shall be forfeited under

this Chapter if such property was acquired, by a person to whom this Act

applies, before a period of six years from the date he was arrested or

against whom a warrant or authorisation of arrest has been issued for the

commission of an offence punishable under this Act or from the date the

order or detention was issued, as the case may be.".

 

Amendment of section 68E. 34. Amendment of section 68E.-In section 68E of

the principal Act,

 

for sub-section (1), the following sub-section shall be substituted,

namely:-

 

"(1) Every officer empowered under section 53 and every officer-in-charge

of a police station shall, on receipt of information is satisfied that

any person to whom this Chapter applies holds any illegally acquired

property, he may, after recording reasons for doing so, proceed to take

all steps necessary for tracing and identifying such property.".

 

Amendment of section 68-I. 36. Amendment of section 68-I.-In section 68-I

of the principal Act,

 

after sub-section (3), the following proviso shall be inserted, at the

end, namely:- "Provided that no illegally acquired property of any person

who is

 

referred to in clause (cc) of sub-section (2) of section 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

forfeited.".

 

Amendment of section 68-O. 37. Amendment of section 68-O.-In section 68-O

of the principal Act,

 

in sub-section (1), for the words "Any person aggrieved by an order of

the competent authority", the words, brackets, figures and letter "Any

 

officer referred to in sub-section (1) of section 68E or any person

aggrieved by an order of the competent authority" shall be substituted.

 

Insertion of new section 68Z. 38. Insertion of new section 68Z.-After

section 68Y of the principal Act, the following section shall be

inserted, namely:-

 

"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 this Chapter shall stand released.".

 

Amendment of section 76. 39. Amendment of section 76.-In section 76 of

the principal Act, in

 

sub-section (2), after clause (c), the following clause shall be

inserted, namely:- '(ca) the manner in which "controlled delivery" under

section 50A is to be undertaken;'.

 

Amendment of section 77. 40. Amendment of section 77.-In section 77 of

the principal Act, for the portion beginning with the words "Every rule

made under this Act" and ending with "shall be laid, as soon as may be,

after it is made or issued", the following shall be substituted, namely:-

"Every rule made under this Act by the Central Government and every

notification or order issued under clause (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

issued".

 

Application of this Act to pending cases.

 

41. Application of this Act to pending cases.-(1) Notwithstanding

 

anything contained in sub-section (2) of section 1, all cases pending

before the courts or under investigation at the commencement of this Act

shall be disposed of in accordance with the provisions of the principal

Act as amended by this Act and accordingly, any person found guilty of

any offence punishable under the principal Act, as it stood immediately

before such commencement, shall be liable for a punishment which is

lesser than the punishment for which he is otherwise liable at the date

of the commission of such offence: Provided that nothing in this section

shall apply to cases pending in appeal.

 

(2) For the removal of doubts, it is hereby declared that no act or

omission on the part of any person shall be punishable as an offence

which would not have been so punishable if this Act has not come into

force.