Section 58

Punishment for vexatious entry, search, seizure or arrest.

The Narcotic Drugs and Psychotropic Substances Act, 1985

  • Act 61 of 1985
  • Ministry of Finance
  • Department of Revenue
About this Act

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.

All sections
    (1) Any person empowered under section 42 or section 43 or section 44 who--
         (a) without reasonable ground of suspicion enters or searches, or causes to be entered or searched, any building, conveyance or place;
         (b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any narcotic drug or psychotropic substance or other article liable to be confiscated under this Act, or of seizing any document or other article liable to be seized under section 42, section 43 or section 44; or
         (c) vexatiously and unnecessarily detains, searches or arrests any person,
     shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both.
     (2) Any person wilfully and maliciously giving false information and so causing an arrest or a search being made under this Act shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.

Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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