Lecture notes on Psychotropic drug using act and students will able to understand knowledge and skill regard to this .

1. NDPS ACT,1985
Salient features
Narcotics Control
Bureau
GUWAHATI

2. Salient features of NDPS Act (1985)
as amended
 Prior to the enactment of NDPS Act, 1985, the
Opium Act, 1857, the Opium Act, 1878 and the
Dangerous Drugs Act, 1930, were applicable.
These Acts were made applicable by virtue of
Opium and Revenue Laws (Extension of
Application) Act, 1950.
The scheme of punishment was not sufficiently
deterrent to meet the growing challenge

3. • Maximum punishment was upto 3 yrs of
imprisonment (4yrs. for repeat offence)
• No maximum punishment was prescribed
• Drug traffickers have been let off by the courts
with nominal punishment
• The laws did not provide for investing the
officers of a number of agencies with the
power of investigation of offences
• A vast body of international law have evolved
and India has been a party to these
Conventions and treaties

4. • Abuse of psychotropic substances
• Increasing problem of transit traffic
• There was a need to remove deficiencies and
inadequacies in the old laws
• To provide for deterrent punishments for drug
trafficking offences and strengthen control
measures over trafficking and abuse
• To consolidate the earlier enactments
• The NDPS Act, 1985, was enacted that came
into force from 14th November, 1985

5. SALIENT FEATURES OF THE ACT
1. Enacted and came into force from 14th November,
1985.
2. Extends to whole of India, of citizens of India outside
India.
3. To all persons on ships and aircrafts registered in
India.
4. It has 83 sections and a schedule.
5. Schedule contains a list of psychotropic substances.

6. 6. Provides for special court.
7 . Punishment graded into 3 categories for small
medium and commercial quantities.
8. Amended twice in the year 1988 and 2001.
9. Provides for forfeiture of property acquired
through drug traffic.
Provisions for pre-disposal of seized contrabands.

7. CHANGES BROUGHT THROUGH
AMENDMENT 1988
• Un Convention of 1988 to which India had just
become a signatory
• Emphasis on tracing, identifying, freezing and
forfeiting assets of drug traffickers
• Need to control precursor chemicals
• The Cabinet Committee constituted for
combating drug traffic and preventing drug
abuse recommended amendment

8. • The Preamble provides for forfeiture of property and for
implementation of the provisions of the International
Conventions
• A new Chapter IIA relating to the constitution of a National
Fund for Control of Drug Abuse was introduced
• New Sec. 31A providing death penalty was introduced
• Sec. 32A was introduced which provides that no sentence
awarded (other than Sec. 27) should be suspended, remitted
or commuted
• Constitution of Special Court was provided in a new Sec. 36A

9. • Sec 37 was substituted to make offences cognizable and
non-bailable
• New Sec. 64A provided immunity from prosecution to an
addict on condition
• A new Chapter VA was introduced to cover all aspects
relating to forfeiture of property derived from, or used in,
illicit traffic
• To regulate and control precursor chemicals, Sec 9A was
introduced
• New sec 25A provided punishment in relation to precursor
chemicals
• It came into force w.e.f. 29th May, 1989.

10. AMENDMENTS IN 2001
• There was a need to
• Rationalize the sentence structure
• Differentiate serious & less serious offence
• Restrict the application of strict bail provisions

11. • Empower officers in certain cases to
strengthen law enforcement efforts
• Provide for Controlled Delivery operations
• Make provisions so that addicts take
advantage of it
• Remove inadequacies in various provisions of
the Act

12. CHAPTER II
(AUTHORITY AND OFFICERS)
• Central Government to take measures for preventing
and combating abuse and illicit traffic in Narcotic
Drugs.
• Empowers the Central Government to constitute a
authority or hierarchy of authorities for exercising
powers and function under this Act.
• Appointment of Narcotics Commissioner.
• Appointment of Consultative Committee.

13. CHAPTER IIA
NATIONAL FUND
CREATION OF NATIONAL FUND FOR DRUG ABUSE
The Fund can be used for
1. Combating illicit traffic in narcotics drugs.
2. Controlling abuse of narcotic drugs.
3. Identifying, treating and rehabilitating addicts.
4. Preventing drug abuse.
5. Educating public against drug abuse.
6. Supplying drugs to addicts on medicinal necessity.
7. Governing body to sanction money from the fund.

14. CHAPTER – III
PROHIBITION, CONTROL AND REGULATION
Section – 8
Provides for prohibition of certain operations – No.
person shall –
• No person shall cultivate any coca plant or gather may
portion of coca plant;
• No person shall cultivate the opium poppy or any
cannabis plant ; or
•Produce, manufacture, possess, sale, purchase,
transport, warehouse, use, consume, import, inter-
State, export inter-State, import into India, export from
India or transship any narcotic drug or psychotropic
substance.

15. Section – 8 A
Prohibition of certain activities relating to
property derived from offence.
• Convert or transfer
• Conceal or disguise
• Acquire, possess or use any property derived
from an offence under the Act.

16. Section – 9
Power of Central Government to permit, control
and regulate of :
• Cultivation of coca, opium poppy.
• Production and manufacture of opium and
derivatives.
• Production and manufacture of manufactured
drugs.
• Manufacture, transport, sale etc of
psychotropic substances.

17. Section – 9 A
Power to control and regulate controlled
substances.
Section – 10
Power of State Government to permit, control
and regulate –

18. Section – 12.
Restrictions over external dealings in narcotic
drugs and psychotropic substances.
• To engage in or control any trade of narcotic
drug or psychotropic substances obtained and
supplied outside India.

19. CHAPTER IV
OFFENCES AND PENALTIES
Section - 15.
Punishment for contravention in relation to
poppy straw.
* Quantum of punishment graded according to
small, medium and commercial quantities.
Small – RI up to 6 month or with fine up to Rs. 10,000
or both
Medium – RI up to 10 yrs. and with fine up to Rs. 1
Lakh
Commercial – RI not less than 10 yrs. & up to 20 yrs.
and with fine not less then Rs. 1 Lakh up to 2 Lakhs.

20. Section – 16
Punishment for contravention in relation to coca plant and coca
leaves
R.I. upto 10 yrs OR fine upto 1 lakh rupees.
Section – 17
Punishment for contravention in relation to prepared opium.
Graded quantum of punishment for small, medium and commercial
quantities.
Section – 18.
Punishment for contravention in relation to opium poppy and
opium.
Graded

21. Section 19
Punishment for embezzlement of opium by cultivator.
R.I. for not less than 10 yrs which may extend to 20 yrs AND Fine
not less than 1 lakh which may extend to 2 lakhs.
Section 20
Punishment for contravention in relation to cannabis plant and
cannabis.
For cultivation – R.I. which may extend to 10 yrs and fine which may
extend to 1 lakh rupees.
For others – Graded according to small, medium, commercial
quantum.

22. Section 21.
Punishment for contravention in relation to manufactured drugs and
preparations.
Different punishments for small, medium and commercial quantities.
Section 22
Punishment for contravention in relation to psychotropic substances.
Graded punishment for small, medium and commercial quantities.
Section 23
Punishment for illegal import in to India, export from India or
transshipment of narcotic drugs and psychotropic substances.
Different punishments for small, medium and commercial quantities.

23. Section 24.
Punishment for external dealings in narcotic drugs and
psychotropic substances in contravention of section 12.
R.I. for not less than 10 yrs but may extend to 20 yrs
AND
Fine not less than 1 lakh but may extend to 2 lakhs
Section 25.
Punishment for allowing premises, etc. to be used for
commission of an offence.
Same punishment as provided for the offence

24. Section 25 A
Punishment for contravention of orders made under
section 9 A.
R.I. which may extend to 10 yrs AND
Fine which may extend to 1 lakh rupees.
Section 26.
Punishment for certain acts by licensee or his servants.
Failure to maintain accounts, submit returns.
Failure to produce license, permit or authorization.
False accounts / statements.
Breach of conditions of license, permit or authorization.
Punishment which may extend to 3 yrs or with fine or both.

25. Section -27.
Punishment for consumption of any narcotic drug or psychotropic
substance
Heroin, morphine, cocaine – R.I. which may extend to 1
yr or fine which may extend to Rs. 20,000/-
Others – R.I which may extend to 6 months or time
which may extend to 10,000 rupees.
Section -27A
Punishment for financing illicit trafficking and harboring offenders
Same as for Commercial quantity.
Section -28.
Punishment for attempts to commit offences.
Same as for the offence

26. Section 29
Punishment for abetment and criminal conspiracy.
Same as for the offence
Section 30.
Preparation.
Same as for the offence
Section 31
Enhanced punishment for offences after previous conviction.
One and a half times R.I. and fine.

27. Section 31 A
Death penalty for certain offences after previous conviction.
* Conviction U/S 19, 24, 27A or offences involving commercial
quantity
* Conviction for offence involving quantities more than mentioned
in table given.
Section -32
Punishment for offence for which no punishment is provided.
Imprisonment which may extend to 6 months OR with fine OR both.
Section -32 A
No suspension, remission or commutation in any sentence
awarded under this act.

28. Section - 32 B
Factors to be taken into account for imposing higher than
the minimum punishment.
Section - 33
Application of Section 360 of the court of Criminal
Procedure, 1973 & of the Probation of Offenders Act,
1958.
Not applicable unless person convicted is
• Less than 18 yrs. of age
• Convicted U/S 26 or 27 of the Act
Section - 34.
Security for abstaining from commission of offence

29. Section 35
Presumption of culpable mental state.
Section 36
Constitution of Special Courts
* Govt. to appoint with the concurrence of Chief Justice of High Court.
* He should be of the route of sessions Judge or Additional Sessions Judge.
Section 36 A
Offences triable by Spl. Courts.
* All offences punishable with RI for more than 3 yrs.
* Charge sheet / Complaint to be filed within 180 days for offences U/S 19,
24 & sec. 27A or involving commercial quantity
* Can be extended to 1 Yrs. By Spl. Court .
Section 36 B
Appeal and revision.

30. Section 36 C
Application of Code to proceedings before a Spl. Court.
Section 36 D
Transitional provisions.
Cases to be tried by Sessions Court if Spl. Court not constituted
Section 37
Offences to be cognizable and non-bailable.
• For offences under Sec 19, 24 & 27-A and those involving commercial
quantity
• Bail cannot be given unless public prosecutor has been given opportunity
to oppose the application. Where it is opposed by the PP, the court is
satisfied that there is reasonable ground to believe that the accused is not
guilty of offence and is not likely to commit any offence while on bail.

31. Section 38
Offences by companies
Section - 39.
Power of Court to release certain offenders
on probation.
Section - 40
Power of Court to publish names place of
business, etc., of certain offenders.

32. Chapter – 5
• Section – 41.
Power to issue warrant and authorization.
• Warrant can be issued by a Metropolitan Magistrate, Magistrate of first
class, Magistrate of second class specially empowered by the State
Government for arrest and seizure.
• Authorization can be issued by officer of Gazetted rank of the
department of Central Excise, Narcotics, Customs, Revenue Intelligence
in other departments of Central Govt including paramilitary forces /
armed forces as is empowered by the Central Govt.
• Officer of revenue, drug control, excise, police or any other
department of State Government empowered by the State
Governments.
• The authorization can be made to any officer subordinate to him but
superior in rank to a peon, sepoy, constable for arrest and seizure.

33. Section 42:
Power to entry, search, seizure and arrest without warrant or
authorization.
1. Any officer ( superior in rank to peon, sepoy or constable ) of the
departments of Central Excise, Narcotics, Customs, Revenue
Intelligence or any other department of the Central Govt including
Paramilitary / Armed forces and any such officer of revenue, drug
control, excise, police or any other departments of State Govts.
specially empowered can search and arrest.
2. It is should be between sunrise and sunset.
3. Reason for not obtaining authorization should be recorded.
4. Information and grounds of belief for such seizure and arrest to be
sent within 72 hours to immediate superior officer.

34. • Section – 43
•
• Power of seizure and arrest in public place.
•
• Section – 44
•
• Power of entry, search, seizure and arrest in offences
relating to coca plant, opium poppy and cannabis plant.
•
• Section – 45.
•
• Procedure where seizure of goods liable to confiscation not
practicable.
•
• A notice to be served on the owner or person in possession of the
goods not to remove, part with or otherwise, deal with the goods
without permission from such officer.

35. • Section – 46.
Duty of land holder to give information of illegal cultivation.
Information to be given to police or any of the departments
mentioned in Section 42.
• Section – 47
Duty of certain officers to give information on illegal
cultivation.
Every person of Govt. and every panch, sarpanch and other village
officers shall give immediate information to police or departments
mentioned in Section 42.

36. • Section – 48.
Power of attachment of crop illegally cultivated.
• Section – 49
Power to search and stop conveyance.
• Section – 50
Conditions under which search of persons shall be conducted :
i Search of a person to be conducted by officers authorized under Section
42.
ii If the person whose searched so requires, he should be taken to the
nearest Gazetted Officer / Magistrate.
iii If it is not possible, then search should be made under Sec. 100 of Cr .P. C.
iv Female person should be searched only by a female.

37. • Section – 50A
Power to undertake controlled delivery.
The D.G., NCB or any other officer authorized by him in this behalf
can undertake controlled delivery of any consignment.
• Section – 52
Disposal of persons arrested and articles seized.
• Every person arrested under Section 41, 42, 43 & 44 shall be
informed about grounds of arrest.
• Every person arrested and article seized under Section 41(1) shall
be forwarded to the concerned Magistrate.
• Every person arrested and article seized under Section 41(2), 42, 43,
44 shall be forwarded to officer in charge of nearest Police Station,
officer empowered under Section 53.

38. • Section – 52A
Provides for disposal of narcotic drugs before completion of trial in such
a manner as prescribed by the Govt.
• Section – 53.
Power to invest officers of certain departments with powers of a officer
in –charge of a police station.
The Central Government by Notification can invest any officer
of the department of central excise, narcotics, customs,
revenue intelligence or any other department of central
government including para-military/armed forces with powers
of an officer in charge of a police station. State government
may notify any officer of the department of drug control,
revenue, excise or any other department with the powers of
an officer in charge of a police station.

39. • Section 53 (A)
Relevancy of statements under certain circumstances.
Statements made and signed by a person before an officer empowered
under Sec. 53 is admissible as evidence if such person cannot be examined
in the Court.
• Section 54
Presumption from possession of illicit articles.
Presumption of the accused having committed an offence if found to
possess contraband which he fails to account satisfactorily.
• Section 55.
Police to take charge of articles seized and delivered.

40. Section 56.
Obligation of officers to assist each other.
Section 57
Report of arrest and seizure.
Report of arrest and seizure shall be made within 48 hrs to the immediate superior
officer.
Section 58.
Punishment for vexatious entry, search, seizure or arrest.
1. Without reasonable ground of suspicion.
2. Vexatiously and unnecessarily seizes the property of a person on the pretence of
seizing and searching for narcotic drug.
3. Vexatiously and unnecessarily arrest a person is punishable with imprisonment
upto 6 months or fine upto Rs. 1000 or both.
4. Willful and maliciously giving false information and so causing search, arrest is
punishable with imprisonment upto 2 yrs or with fine or both.

41. • Section – 59
Failure of an officer in duty or his connivance at the
contravention of the provisions of this Act.
• Punishment prescribed for refusal, withdrawal to
perform duty under the Act is imprisonment upto 1
year or with fine or both.
• Punishment prescribed for aiding conniving, etc. – R.I.
not less than 10 years but may extend to 20 years and
fine not less than 1 lakh rupees and upto 2 lakh rupees.

42. Section – 60
Liability of illicit drugs, substances, plants, articles and
conveyances to confiscation :
Provides for confiscation to seized narcotics and psychotropic
substances, etc.
Section – 61
Confiscation of goods used for concealing illicit drugs or
substances.
Section – 62
Confiscation of sale proceeds of illicit drugs or substances.

43. Section – 63
Procedure in making confiscation.
Court to decide on confiscation of article seized under this Act
whether the accused is convicted, acquitted or discharged. Where
accused is not know, the Court may enquire into and decide such
liability and may order confiscation accordingly. No order of
confiscation shall be made until the expiry of one month from date
of seizure or without hearing in person who may claim it.
Section – 64
Central Govt / State Government may provide immunity from
prosecution of any offence under this act if he makes full and true
disclosure.

44. Section – 64 (A)
Immunity from prosecution to addicts volunteering for treatment.
Section – 66
Presumption as to documents in certain cases – where any document-
i) Is produced or furnished by any person or has been seized from the
custody or control or any person, in either case, under this Act or under
any other law, or
ii) Has been received from any place outside India (duly authenticated by
such authority or person and in such manner as any be prescribed by
the Central Government) in the course of investigation of any offence
under this Act alleged to have been committed by a person,
and such document is tendered in any prosecution under this Act in
evidence against him, or against him and any other person who is tried
jointly with him, the Court shall-
Consider it as relevant and admissible evidence

45. Section – 67.
Power to call for information etc.
Officer referred to in Sec. 42 authorized in this behalf by
Central Govt. / State Govt may call for information from
any person during the course of enquiry under this Act.

46. CHAPTER – V
Forfeiture of property derived from or used in illicit
traffic.
Section 68 (A) to (Z).
It deals with the forfeiture of property obtained from
illicit sale of narcotic drugs and psychotropic
substances.

47. CHAPTER – VI
MISCELLANEOUS
Section 69.
Protection of action taken in good faith.
Section – 76
Power of Central Govt. to make rules.
Section – 78
Power of State Govt. to make rules.

48. SCHEDULES
• A schedule to the NDPS Act contains a list of
Psychotropic substances which numbers to
110.