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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:-
1.
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.
2.
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".
3.
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.'.
4.
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.".
5.
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.'.
6.
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.".
7.
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.".
8.
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.".
9.
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.".
10.
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.".
11.
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.
12.
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.".
13.
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.
14.
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.".
15.
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.'.
16.
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).".
17.
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.
18.
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.
19.
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.'.
20.
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.
21.
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.".
23.
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.".
24.
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.
25.
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.".
26.
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.
27.
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.
28.
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.
29.
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.
30.
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.".
31.
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.
32.
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.
33.
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.".
34.
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.".
36.
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.".
37.
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.
38.
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.".
39.
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;'.
40.
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".
41.
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.
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