The Narcotic Drugs and Psychotropic Substances Act, 1985
NDPS · 1985
Ch. I · PRELIMINARY
Ch. II · AUTHORITIES AND OFFICERS
Ch. IIA · NATIONAL FUND FOR CONTROL OF DRUG ABUSE
Ch. III · PROHIBITION, CONTROL AND REGULATION
- §8Prohibition of certain operations
- §8AProhibition of certain activities relating to property derived from offence
- §9Power of Central Government to permit, control and regulate
- §9APower to control and regulate controlled substances
- §10Power of State Government to permit, control and regulate
- §11Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment
- §12Restrictions over external dealings in narcotic drugs and psychotropic substances
- §13Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent
- §14Special provision relating to cannabis
Ch. IV · OFFENCES AND PENALTIES
- §15Punishment for contravention in relation to poppy straw
- §16Punishment for contravention in relation to coca plant and coca leaves
- §17Punishment for contravention in relation to prepared opium
- §18Punishment for contravention in relation to opium poppy and opium
- §19Punishment for embezzlement of opium by cultivator
- §20Punishment for contravention in relation to cannabis plant and cannabis
- §21Punishment for contravention in relation to manufactured drugs and preparations
- §22Punishment for contravention in relation to psychotropic substances
- §23Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances
- §24Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12
- §25Punishment for allowing premises, etc., to be used for commission of an offence
- §25APunishment for contravention of orders made under section 9A
- §26Punishment for certain acts by licensee or his servants
- §27Punishment for consumption of any narcotic drug or psychotropic substance
- §27APunishment for financing illicit traffic and harbouring offenders
- §27BPunishment for contravention of section 8A
- §28Punishment for attempts to commit offences
- §29Punishment for abetment and criminal conspiracy
- §30Preparation
- §31Enhanced punishment for offences after previous conviction
- §31ADeath penalty for certain offences after previous conviction
- §32Punishment for offence for which no punishment is provided
- §32ANo suspension, remission or commutation in any sentence awarded under this Act
- §32BFactors to be taken into account for imposing higher than the minimum punishment
- §33Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958
- §34Security for abstaining from commission of offence
- §35Presumption of culpable mental state
- §36Constitution of Special Court
- §36AOffences triable by Special Courts
- §36BAppeal and revision
- §36CApplication of Code to proceedings before a Special Court
- §36DTransitional provisions
- §37Offences to be cognizable and non-bailable
- §38Offences by companies
- §39Power of court to release certain offenders on probation
- §40Power of court to publish names, place of business, etc., of certain offenders
Ch. V · PROCEDURE
- §41Power to issue warrant and authorisation
- §42Power of entry, search, seizure and arrest without warrant or authorisation
- §43Power of seizure and arrest in public place
- §44Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant
- §45Procedure where seizure of goods liable to confiscation not practicable
- §46Duty of land holder to give information of illegal cultivation
- §47Duty of certain officers to give information of illegal cultivation
- §48Power of attachment of crop illegally cultivated
- §49Power to stop and search conveyance
- §50Conditions under which search of persons shall be conducted
- §50APower to undertake controlled delivery
- §51Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures
- §52Disposal of persons arrested and articles seized
- §52ADisposal of seized narcotic drugs and psychotropic substances
- §53Power to invest officers of certain departments with powers of an officer-in-charge of a police station
- §53ARelevancy of statements under certain circumstances
- §54Presumption from possession of illicit articles
- §55Police to take charge of articles seized and delivered
- §56Obligation of officers to assist each other
- §57Report of arrest and seizure
- §57AReport of seizure of property of the person arrested by the notified officer
- §58Punishment for vexatious entry, search, seizure or arrest
- §59Failure of officer in duty or his connivance at the contravention of the provisions of this Act
- §60Liability of illicit drugs, substances, plants, articles and conveyances to confiscation
- §61Confiscation of goods used for concealing illicit drugs or substances
- §62Confiscation of sale proceeds of illicit drugs or substances
- §63Procedure in making confiscations
- §64Power to tender immunity from prosecution
- §64AImmunity from prosecution to addicts volunteering for treatment
- §65Power to make rules regulating disposal of confiscated articles and rewards
- §66Presumption as to documents in certain cases
- §67Power to call for information, etc
- §68Information as to commission of offences
Ch. VA · Chapter VA
- §68AApplication
- §68BDefinitions
- §68CProhibition of holding illegally acquired property
- §68DCompetent authority
- §68EIdentifying illegally acquired property
- §68FSeizure or freezing of illegally acquired property
- §68GManagement of properties seized or forfeited under this Chapter
- §68HNotice of forfeiture of property
- §68JBurden of proof
- §68KFine in lieu of forfeiture
- §68LProcedure in relation to certain trust properties
- §68MCertain transfers to be null and void
- §68NConstitution of Appellate Tribunal
- §68PNotice or order not to be invalid for error in description
- §68QBar of jurisdiction
- §68RCompetent authority and Appellate Tribunal to have powers of civil court
- §68SInformation to competent authority
- §68TCertain officers to assist Administrator, competent authority and Appellate Tribunal
- §68UPower to take possession
- §68VRectification of mistakes
- §68WFindings under other laws not conclusive for proceedings under this Chapter
- §68XService of notices and orders
- §68YPunishment for acquiring property in relation to which proceedings have been taken, under this Chapter
- §68ZRelease of property in certain cases
Ch. VI · MISCELLANEOUS
- §69Protection of action taken in good faith
- §70Central Government and State Government to have regard to international conventions while making rules
- §71Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances
- §72Recovery of sums due to Government
- §73Bar of jurisdiction
- §74Transitional provisions
- §74APower of Central Government to give directions
- §75Power to delegate
- §76Power of Central Government to make rules
- §77Rules and notifications to be laid before Parliament
- §78Power of State Government to make rules
- §79Application of the Customs Act, 1962
- §80Application of the Drugs and Cosmetics Act, 1940 not barred
- §81Saving of State and special laws
- §82Repeal and savings
- §83Power to remove difficulties