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.
