Act 61 of 1985

The Narcotic Drugs and Psychotropic Substances Act, 1985

An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances , to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances and for matters connected therewith.

  • Ministry of Finance
  • Department of Revenue
  • Enacted 1985-09-16
  • 129 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Definitions. Read
3 Power to add to or omit from the list of psychotropic substances. Read
4 Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc. Read
5 Officers of Central Government. Read
6 The Narcotic Drugs and Psychotropie Substances Consultative Committee. Read
7 Officers of State Government. Read
7A National Fund for Control of Drug Abuse. Read
7B Annual report of activities financed under the Fund. Read
8 Prohibition of certain operations. Read
8A Prohibition of certain activities relating to property derived from offence. Read
9 Power of Central Government to permit, control and regulate. Read
9A Power to control and regulate controlled substances. Read
10 Power of State Government to permit, control and regulate. Read
11 Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment. Read
12 Restrictions over external dealings in narcotic drugs and psychotropic substances. Read
13 Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent. Read
14 Special provision relating to cannabis. Read
15 Punishment for contravention in relation to poppy straw. Read
16 Punishment for contravention in relation to coca plant and coca leaves. Read
17 Punishment for contravention in relation to prepared opium. Read
18 Punishment for contravention in relation to opium poppy and opium. Read
19 Punishment for embezzlement of opium by cultivator. Read
20 Punishment for contravention in relation to cannabis plant and cannabis. Read
21 Punishment for contravention in relation to manufactured drugs and preparations. Read
22 Punishment for contravention in relation to psychotropic substances. Read
23 Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances. Read
24 Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12. Read
25 Punishment for allowing premises, etc., to be used for commission of an offence. Read
25A Punishment for contravention of orders made under section 9A. Read
26 Punishment for certain acts by licensee or his servants. Read
27 Punishment for consumption of any narcotic drug or psychotropic substance. Read
27A Punishment for financing illicit traffic and harbouring offenders. Read
27B Punishment for contravention of section 8A. Read
28 Punishment for attempts to commit offences. Read
29 Punishment for abetment and criminal conspiracy. Read
30 Preparation. Read
31 Enhanced punishment for offences after previous conviction. Read
31A Death penalty for certain offences after previous conviction. Read
32 Punishment for offence for which no punishment is provided. Read
32A No suspension, remission or commutation in any sentence awarded under this Act. Read
32B Factors to be taken into account for imposing higher than the minimum punishment. Read
33 Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958. Read
34 Security for abstaining from commission of offence. Read
35 Presumption of culpable mental state. Read
36 Constitution of Special Court. Read
36A Offences triable by Special Courts. Read
36B Appeal and revision. Read
36C Application of Code to proceedings before a Special Court. Read
36D Transitional provisions. Read
37 Offences to be cognizable and non-bailable. Read
38 Offences by companies. Read
39 Power of court to release certain offenders on probation. Read
40 Power of court to publish names, place of business, etc., of certain offenders. Read
41 Power to issue warrant and authorisation. Read
42 Power of entry, search, seizure and arrest without warrant or authorisation. Read
43 Power of seizure and arrest in public place. Read
44 Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant. Read
45 Procedure where seizure of goods liable to confiscation not practicable. Read
46 Duty of land holder to give information of illegal cultivation. Read
47 Duty of certain officers to give information of illegal cultivation. Read
48 Power of attachment of crop illegally cultivated. Read
49 Power to stop and search conveyance. Read
50 Conditions under which search of persons shall be conducted. Read
50A Power to undertake controlled delivery. Read
51 Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures. Read
52 Disposal of persons arrested and articles seized. Read
52A Disposal of seized narcotic drugs and psychotropic substances. Read
53 Power to invest officers of certain departments with powers of an officer-in-charge of a police station. Read
53A Relevancy of statements under certain circumstances. Read
54 Presumption from possession of illicit articles. Read
55 Police to take charge of articles seized and delivered. Read
56 Obligation of officers to assist each other. Read
57 Report of arrest and seizure. Read
57A Report of seizure of property of the person arrested by the notified officer. Read
58 Punishment for vexatious entry, search, seizure or arrest. Read
59 Failure of officer in duty or his connivance at the contravention of the provisions of this Act. Read
60 Liability of illicit drugs, substances, plants, articles and conveyances to confiscation. Read
61 Confiscation of goods used for concealing illicit drugs or substances. Read
62 Confiscation of sale proceeds of illicit drugs or substances. Read
63 Procedure in making confiscations. Read
64 Power to tender immunity from prosecution. Read
64A Immunity from prosecution to addicts volunteering for treatment. Read
65 [Omitted]. Read
66 Presumption as to documents in certain cases. Read
67 Power to call for information, etc. Read
68 Information as to commission of offences. Read
68A Application. Read
68B Definitions. Read
68C Prohibition of holding illegally acquired property. Read
68D Competent authority. Read
68E Identifying illegally acquired property. Read
68F Seizure or freezing of illegally acquired property. Read
68G Management of properties seized or forfeited under this Chapter. Read
68H Notice of forfeiture of property. Read
68-I Forfeiture of property in certain casesRead
68J Burden of proofRead
68K Fine in lieu of forfeitureRead
68L Procedure in relation to certain trust properties.Read
68M Certain transfers to be null and voidRead
68N Constitution of Appellate Tribunal.Read
68-O AppealsRead
68P Notice or order not to be invalid for error in description.Read
68Q Bar of jurisdictionRead
68R Competent authority and Appellate Tribunal to have powers of civil court.Read
68S Information to competent authorityRead
68T Certain officers to assist Administrator, competent authority and Appellate Tribunal.Read
68U Power to take possession.Read
68V Rectification of mistakes.Read
68W Findings under other laws not conclusive for proceedings under this Chapter.Read
68X Service of notices and orders.Read
68Y Punishment for acquiring property in relation to which proceedings have been taken, under this ChapterRead
68Z Release of property in certain cases.Read
69 Protection of action taken in good faithRead
70 Central Government and State Government to have regard to international conventions while making rules.Read
71 Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances.Read
72 Recovery of sums due to Government.Read
73 Bar of jurisdiction.Read
74 Transitional provisions.Read
74A Power of Central Government to give directions.Read
75 Power to delegateRead
76 Power of Central Government to make rulesRead
77 Rules and notifications to be laid before Parliament.Read
78 Power of State Government to make rules.Read
79 Application of the Customs Act, 1962.Read
80 Application of the Drugs and Cosmetics Act, 1940 not barred.Read
81 Saving of State and special laws.Read
82 Repeal and savings.Read
83 Power to remove difficulties.Read
Scroll to Top