Act Number: 61

Act Name: The Narcotic Drugs and Psychotropic Substances Act, 1985

Year: 1985

Enactment Date: 1985-09-16

Long Title: 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: Ministry of Finance

Department: Department of Revenue

Section 31: Enhanced punishment for offences after previous conviction.
    1[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 2[one and one-half times of the maximum term of imprisonment, and also be liable to fine which shall extend to 3[one and one-half times 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 4[one and one-half times of the minimum term of imprisonment and 5[one and one-half times 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.]
    
Notes:
1. Subs. by s. 12, ibid., for section 31 (w.e.f. 2-10-2001).
2. Subs. by Act 16 of 2014, s. 14, for "one-half of the maximum term" (w.e.f. 1-5-2014).
3. Subs. by s. 14, ibid., for "one-half of the maximum amount" (w.e.f. 1-5-2014).
4. Subs. by s. 14, ibid., for "one-half of the minimum term" (w.e.f. 1-5-2014).
5. Subs. by s. 14, ibid., for "one-half of the minimum amount" (w.e.f. 1-5-2014).
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