NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

61 of 1985

16th September, 1985

An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operation 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. Be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the Narcotic Drugs and Psychotropic Substances Act, 1985-.

(2) It extends to the whole of India1[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) 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 for different States and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State.

SECTION 02: DEFINITIONS

In this Act, unless the context otherwise requires,

2[(i) "addict" means a person who has dependence on any narcotic drug or psychotropic substance;

(ii) "Board" means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963(54 of 1963);

(iii) "cannabis (hemp)" means 

(a) charas, that is, separated resin, in whatever form, whether crude or purified; obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish;

(b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and

(c) any mixture, with or without any natural material, of any of the above forms of cannabis or any drink prepared therefrom;

(iv) "cannabis plant" means any plant of the genus cannabis;

(v) "coca derivative" means 

(a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine;

(b) ecgonine and all the derivatives of ecgonine from which it can be recorded;

(c) cocaine, that is, methyl ester of benzoyl ecgonine and its salts; and

(d) all preparations containing more than 0.1 per cent. of cocaine;

(vi) "coca leaf means 

(a) the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed;

(b) any mixture thereof with or without any natural material but does not Include any preparation containing not more than 0.1 per cent. of cocaine;

(vii) "coca plant" means the plant of any species of the genus Erythroxylon;

3(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;

4(viid) ["controlled substance" means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International Convention, by notification in the Official Gazette, declare to be a controlled substance;

(viii) "conveyance" means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel;

5(viiia) "illicit traffic", in relation to narcotic drugs and psychotropic substances, means 

(i) cultivating any coca plant or gathering any portion of coca plant;

(ii) cultivating the opium poppy or any cannabis plant;

(iii) engaging in the production, manufacture, possession, sale, purchase,

transportation, warehousing, concealment, use or consumption, import inter-

State, export inter-State, Import into India, export from India or transshipment of narcotic drugs or psychotropic substances;

(iv) dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in sub-clauses (i) to (iii); or

(v) handling or letting out any premises for the carrying on of any of the

activities referred to in sub-clauses (i) to (iv): other than those permitted under

this Act, or any rule or order made, or any condition of any licence, term or authorisation Issued, thereunder, and Includes- 

(1) financing, directly or indirectly, any of the aforementioned activities;

(2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and

(3) harbouring persons engaged in any of the aforementioned activities;

(ix) "International Convention" means- 

(a) the Single Convention on Narcotic Drugs, 1961, adopted by the United Nations Conference at New York in March, 1961;

(b) the Protocol, amending the Convention mentioned in sub-clause (a) adopted by the United Nations Conference at Geneva in March, 1972:

(c) the Convention on Psychotropic Substances, 1971 adopted by the United Nations Conference at Vienna in February, 1971 and

(d) any other international convention, or protocol or other instrument amending an international convention, relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by India after the commencement of this Act.

(x) "manufacture", in relation to narcotic drugs or psychotropic substances, includes- 

(1) all processes other than production by which such drugs or substances may be obtained;

(2) refining of such drugs or substances;

(3) transformation of such drugs or substances; and

(4) making of preparation (otherwise than in a pharmacy on prescription) with or containing such drugs or substances;

(xi) "manufactured drug" means- 

(a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate;

(b) any other narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare to be a manufactured drug; but does not include any narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature, or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare not to be manufactured drug;

(xii) "medicinal cannabis". that is medicinal hemp, means any extract or tincture of cannabis (hemp);

(xiii) "Narcotics Commissioner" means the Narcotics Commissioner appointed under Section 5-;

(xiv) "Narcotic drug" means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs;

(xv) "opium" means- 

(a) the coagulated juice of the opium poppy; and

(b) any mixture, with or without any neutral material of the coagulated juice of the opium poppy, but does not include any preparation containing not more than 0.2 per cent. of morphine;

(xvi) "opium derivative" means- 

(a) medicinal opium, that is opium which has undergone the processes necessary to adapt it for medicinal use in accordance with requirements of the Indian Pharmacopoeia or any other pharmacopoeia notified in this behalf by the Central Government, whether in powder form or granulated or otherwise or mixed with neutral materials:

(b) prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after opium is smoked;

(c) phenanthrene alkaloids, namely, morphine, codeine, the baine and their salts:

(d) diacetylmorphine, that is, the alkaloid also known as diamorphine or heroin and its salts; and

(e) all preparations containing more than 0.2 per cent. of morphine or containing any diacetylmorphine;

(xvii) "opium poppy" means- 

(a) the plant of the species papauer somniferum L; and

(b) the plant of any other species of papauer from which opium or any phenanthrene alkaloid can be extracted and which the Central Government may. by notification in the Official Gazette, declare to be opium poppy for the purposes of this Act;

(xviii) "poppy straw" means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom;

(xix) "poppy straw concentrate" means the material arising when poppy straw has entered into a process for the concentration of its alkaloids;

(xx) "preparation", in relation to a narcotic drug or psychotropic substance, means any one or more such drugs or substances in dosage form or any solution or mixture, in whatever physical state, containing one or more such drugs or substances;

(xxi) "prescribed" means prescribed by rules made under this Act;

(xxii) "production" means the separation of opium, poppy straw, coca leaves or cannabis from the plants from which they are obtained;

(xxiii) "psychotropic substance" means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or materials included in the list of psychotropic substances specified in the Schedule;

6(xxiii-a) "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.

(xxiv) "to import inter-State" means to bring into State or Union Territory in India from another State or Union territory in India:

(xxv) "to import into India", with its grammatical variations and cognate expressions, means to bring into India from a place outside India and includes the bringing into any port or airport or place in India of a narcotic drug or a psychotropic substance intended to be taken out of India without being removed from the vessel, aircraft, vehicle or any other conveyance in which it is being carried. Explanation.-For the purposes of this clause and Clause (xxui), "India" includes the territorial waters of India;

(xxvi) "to export from India" with its grammatical variations and cognate expressions, means to take out of India to a place outside India;

(xxvii) "to export inter-State" means to take out of a State or Union Territory in India to another State or Union Territory in India;

(xxviii) "to transport" means to take from one place to another within the same State or Union territory;

7[(xxviii-a) "use" in relation to narcotic drugs and psychotropic substances, means any kind of use except personal consumption;

(xxix) words and expressions used herein and not defined but defined in the Code of Criminal Procedure, 1973 (2 of 1974), have the meanings respectively assigned to them in that Code. Explanation.-For the purposes of CIs. (v), (vi), (xv) and (xvi), the percentages in the case of liquid preparations shall be calculated on the basis that a preparation containing one per cent. of a substance means a preparation in which one gram of substance, if solid, or one millilitre of substance, if liquid, is contained in every one hundred millilitre of the preparation and so on in proportion for any greater or less percentage : Provided that the Central Government may, having regard to the developments in the field of methods of calculating percentages In liquid preparations prescribed, by rules, any other basis which it may deem appropriate for such calculation.

SECTION 03: POWER TO ADD TO, OR OMIT FROM THE LIST OF PSYCHOTROPIC SUBSTANCES

- The Central Government may, if satisfied that it is necessary or expedient so to do on the basis of-

(a) the information and evidence which has become available to it with respect to the nature and effects of, and the abuse or the scope for abuse of, any substance (natural or synthetic) or natural material or any salt or preparation of such substance or material ; and

(b) the modifications or provisions (if any) which have been made to, or in, any International Convention with respect to such substance, natural material or salt or preparation of such substance or material, by notification in the Official Gazette, add to, or as the case may be, omit from, the list of psychotropic substances specified in the Schedule such substance or natural material or salt or preparation of such substance or material.

SECTION 04: CENTRAL GOVERNMENT TO TAKE MEASURES FOR PREVENTING AND COMBATING ABUSE OF, AND ILLICIT TRAFFIC IN NARCOTIC DRUGS, ETC

(1) Subject to the pro- visions of this Act, the Central Government shall take all such measures as it deems necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances and the illicit traffic therein.

(2) In particular and without prejudice to the generality of the provisions of sub-section (1), the measures which the Central Government may take under that sub-section include measures with respect to all or any of the following matters, namely: 

(a) coordination of actions by various officers. State Governments and other authorities- 

(i) under this Act, or

(ii) under any other law for the time being in force in connection with the enforcement of the provisions of this Act;

(b) obligations under the International Conventions;

(c) assistance to the concerned authorities in foreign countries and concerned international organizations with a view to facilitating coordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances ;

(d) identification, treatment, education, after-care, rehabilitation and social reintegration of addicts;

(e) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act and preventing and combating the abuse of narcotic drugs and psychotropic substances and illicit traffic therein.

(3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or a hierarchy of authorities by such name or names as may be specified in the order for the purpose of exercising such of the powers and functions of the Central Government under this Act for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order, and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers and take the measures, so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers and take such measures.

SECTION 05: OFFICERS OF CENTRAL GOVERNMENT

(1) Without prejudice to the provisions of sub-section (3) of Section 4-, the Central Government shall appoint a Narcotics Commissioner, and may also appoint such other officers with such designations as it thinks fit for the purposes of this Act.

(2) The Narcotics Commissioner shall, either by himself or through officers subordinate to him, exercise all powers and perform all functions relating to the superintendence of the cultivation of the opium poppy and production of opium and shall also exercise and perform such other powers and functions as may be entrusted to him by the Central Government.

(3) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government, or, if so directed by that Government also of the Board or any other authority or officer.

SECTION 06: NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES CONSULTATIVE COMMITTEE

(1) The Central Government may constitute, by notification in the Official Gazette, an advisory committee to be called "The Narcotic Drugs and Psychotropic Substances Consultative Committee" (hereafter in this section referred to as the Committee) to advise the Central Government on such matters relating to the administration of this Act as are referred to it by that Government from time to time.

(2) The Committee shall consist of a Chairman and such other members, not exceeding twenty, as may be appointed by the Central Government.

(3) The Committee shall meet when required to do so by the Central Government and shall have power to regulate its own procedure.

(4) The Committee may, if it deems it necessary so to do for the efficient discharge of any of its functions, constitute one or more sub -committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter, any person (including a nonofficial) who is not a member of the Committee.

(5) The term of office of, the manner of filling casual vacancies in the offices of and the allowances, if any, payable to the Chairman and other members of the Committee, and the conditions and restrictions subject to which the Committee may appoint a person who is not a member of the Committee as a member of any of its sub-committee, shall be such as may be prescribed by rules made by the Central Government.

SECTION 07: OFFICERS OF STATE GOVERNMENT

(1) The State Government may appoint such officers with such designations as it thinks fit for the purposes of this Act.

(2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the State Government, or, if so directed by the Government, also of any other authority or officer.

SECTION 07A: NATIONAL FUND FOR CONTROL OF DRUG ABUSE

(1) The Central Government may, by notification in the Official Gazette, constitute a Fund to be called the National Fund for Control of Drug Abuse (hereafter in this Chapter referred to as the Fund) and there shall be credited thereto-

(a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide;

(b) the sale proceeds of any property forfeited under Chapter V-A;

(c) any grants that may be made by any person or institution;

(d) any income from investment of the amounts credited to the Fund under the aforesaid provisions,

9{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.

(4) The Governing Body shall consist of a Chairman (not below the rank of an Additional Secretary to the Central Government) and such other members not exceeding six as the Central Government may appoint.

(5) The Governing Body shall have the power to regulate its own procedure.

SECTION 07B: ANNUAL REPORT OF ACTIVITIES FINANCED UNDER THE FUND

-The Central Government shall, as soon as may be, after the end of each financial year, cause to be published in the Official Gazette a report giving an account of the activities financed under Section 7-A-during the financial year, together with a statement of accounts.

SECTION 08: PROHIBITION OF CERTAIN OPERATIONS

-No person shall-

(a) cultivate any coca plant or gather any portion of coca plant; or

(b) cultivate the opium poppy or any cannabis plant; or

(c) produce, manufacture, possess, sell, purchase, transport warehouse, use, consume, import inter-State, export inter-State import into India, export from India or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or that rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of licence, permit or authorisation, also in accordance with the terms and conditions of such licence, permit or authorisation :Provided that, and subject to the other provisions of this Act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, transport, warehousing, import inter-State and export inter-State of ganja for any purpose other than medical and scientific purpose shall take effect only from the date which the Central Government may, by notification in the Official Gazette, specify in this behalf: 

10[Provided further that nothing in this section shall apply to the export of poppy straw for decorative purposes.

SECTION 08A: 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.

SECTION 09: POWER OF CENTRAL GOVERNMENT TO PERMIT, CONTROL AND REGULATE

(1) Subject to the provisions of Section 8-, the Central Government may, by rules- 

(a) permit and regulate- 

(i) the cultivation, or gathering of any portion (such cultivation or gathering being

only on account of the Central Government) of, coca plant, or the production,

possession, sale, purchase, transport, import inter-State, export inter-State. use or consumption of coca leaves;

(ii) the cultivation (such cultivation being only on account of Central Government) of the opium poppy;

(iii) the production and manufacture of opium and production of poppy straw;

(iv) the sale of opium and opium derivatives from the Central Government factories for export from India or sale to State Government or to manufacturing chemists;

(v) the manufacture of manufactured drugs (other than prepared opium) but not

including manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess:

(vi) the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of psychotropic substances;

(vii) the import into India and export from India and transshipment of narcotic drugs and psychotropic substances;

(b) prescribe any other matter requisite to render effective the control of the Central Government over any of the matters specified in Clause (a).

(2) In particular and without prejudice to the generality of the foregoing power, such rules may- 

(a) empower the Central Government to fix from time to time the limits within which licences may be given for the cultivation of the opium poppy;

(b) require that all opium, the produce of land cultivated with the opium poppy, shall be delivered by the cultivators to the officers authorised in this behalf by the Central Government;

(c) prescribe the forms and conditions of licences for cultivation of the opium poppy and for production and manufacture of opium, the fees that may be charged therefor; the authorities by which such licence may be granted, withheld, refused or cancelled and the authorities before which appeals against the orders of withholding, refusal or cancellation of licences shall lie;

(d) prescribe that opium shall be weighed, examined, and classified according to its quality and consistence by the officers authorised in this behalf by the Central Government in the presence of the cultivator at the time of delivery by the cultivator;

(e) empower the Central Government to fix from time to time the price to be paid to the cultivators for the opium delivered;

(f) provide for the weighment, examination and classification, according to the quality and consistence, of the opium received at the factory and the deductions from or additions (if any) to the standard price to be made in accordance with the result of such examination; and the authorities by which the decisions with regard to the weighment, examination, classification, deductions or additions shall be made and the authorities before which appeals against such decisions shall lie;

(g) require that opium delivered by a cultivator, if found as a result of examination in the Central Government factory to be adulterated, may be confiscated by the officers authorised in this behalf;

(h) prescribe the forms and conditions of licences for the manufacture of manufactured drugs, and authorities by which such licences may be granted and the fees that may be charged therefor;

(i) prescribe the forms and conditions of licences or permits for the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of psychotropic substances, the authorities by which such licences or permits may be granted and the fees that may be charged therefor ;

(j) prescribe the ports and other places at which any kind of narcotic drugs or psychotropic substances may be imported into India or exported from India or transhipped; the forms and conditions of certificates, authorisations or permits, as the case may be, for such import, export or transhipment; the authorities by which such certificates, authorisations or permits may be granted and the fees that may be charged therefor.

SECTION 09A: POWER TO CONTROL AND REGULATE CONTROLLED SUBSTANCES

12-(1) If the Central Government is of the opinion that having regard to the use of any controlled substance in the production or manufacture of any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it may, by order provide for regulating or prohibiting the production, manufacture, supply and distribution thereof and trade and commerce therein.

(2) Without prejudice to the generality of the power conferred by subsection (1), an order made thereunder may provide for regulating by licences, permits or otherwise, the production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption, use, storage, distribution, disposal or acquisition of any controlled substance.

SECTION 10: POWER OF STATE GOVERNMENT TO PERMIT, CONTROL AND REGULATE

(1) Subject to the provisions of Section 8-, the State Government may, by rules- 

(a) permit and regulate- 

(i) the possession, transport, import inter-State, export inter-State, warehousing, sale, purchase, consumption and use of poppy straw;

(ii) the possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of opium;

(iii) the cultivation of any cannabis plant, production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of cannabis (excluding charas);

(iv) the manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess;

(v) the possession, transport, purchase, sale, import inter-State, export inter-State, use

or consumption of manufactured drugs other than prepared opium and of coca leaf and any preparation containing any manufactured drug;

(vi) the manufacture and possession of prepared opium from opium lawfully possessed by an addict registered with the State Government on medical advice for his personal consumption : 

Provided that save in so far as may be expressly provided in the rules made under sub-clauses (iv) and (v), nothing in Section 8-shall apply to the import inter-State, export Inter-State, transport, possession, purchase, sale, use or consumption of manufactured drugs which are the property and in the possession of the Government:

Provided further that such drugs as are referred to in the preceding proviso shall not be sold or otherwise delivered to any person who, under the rules made by the State Government under the aforesaid sub-clauses is not entitled to their possession;

(b) prescribe any other matter requisite to render effective the control of the State Government over any of the matters specified in Clause (a).

(2) In particular and without prejudice to the generality of the foregoing power, such rules may- 

(a) empower the State Government to declare any place to be a warehouse wherein it shall be the duty of the owners to deposit all such poppy straw as is legally imported inter-State and is intended for export inter-State or export from India; to regulate the safe custody of such poppy straw warehoused and the removal of such poppy straw for sale or export inter-State or export from India; to levy fees for such warehousing and to prescribe the manner in which and the period after which the poppy straw warehoused shall be disposed of in default of payment of fees;

(b) provide that the limits within which licences may be given for the cultivation of any cannabis plant shall be fixed from time to time by or under the orders of the State Government;

(c) provide that only the cultivators licensed by the prescribed authority of the State Government shall be authorised to engage in cultivation of any cannabis plant;

(d) require that all cannabis, the produce of land cultivated with cannabis plant, shall be delivered by the cultivators to the officers of the State Government authorised in this behalf;

(e) empower the State Government to fix from time to time, the price to be paid to the cultivators for the cannabis delivered;

(f) prescribe the forms and conditions of licences or permits for the purposes specified in sub-clause (i) to (ui) of Clause (a) of sub-section (1) and the authorities by which such licences or permits may be granted and the fees that may be charged therefor.

SECTION 11: NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ETC., NOT LIABLE TO DISTRESS OR ATTACHMENT

-Notwithstanding anything to the contrary contained in any law or contract, no narcotic drug, psychotropic substance, coca plant, the opium poppy or cannabis plant shall be liable to be distrained or attached by any person for the recovery of any money under any order or decree of any Court or authority or otherwise.

SECTION 12: RESTRICTIONS OVER EXTERNAL DEALINGS IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

-No person shall engage in, or control any trade whereby a narcotic drug or psychotropic substance is obtained outside India and supplied to any person outside India save with the previous authorisation of the Central Government and subject to such conditions as may be imposed by that Government in this behalf.

SECTION 13: SPECIAL PROVISIONS RELATING TO COCA PLANT AND COCA LEAVES FOR USE IN THE PREPARATION OF FLAVOURING AGENT

Notwithstanding anything contained in Section 8-, the Central Government may permit, with or without conditions, and on behalf of Government, the cultivation of any coca plant or gathering of any portion thereof or the production, possession, sale, purchase, transport, import inter-State, export inter-State or import into India of coca leaves for use in the preparation of any flavouring agent which shall not contain any alkaloid and to the extent necessary for such use.

SECTION 14: SPECIAL PROVISION RELATING TO CANNABIS

-Notwithstanding any- thing contained inSection 8-, Government may, by general or special order and subject to such conditions as may be specified in such order, allow cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes.

SECTION 15: PUNISHMENT FOR CONTRAVENTION IN RELATION TO POPPY STRAW

13-Who- ever, 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.

SECTION 16: PUNISHMENT FOR CONTRAVENTION IN RELATION TO COCA PLANT AND COCA LEAVES

13-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 rigorous imprisonment for a term, which may extend to ten years, and with fine which may extend to one lakh rupees.

SECTION 17: PUNISHMENT FOR CONTRAVENTION IN RELATION TO PREPARED OPIUM

13- 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.)

SECTION 18: PUNISHMENT FOR CONTRAVENTION IN RELATION TO OPIUM POPPY AND OPIUM

14-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.

SECTION 19: PUNISHMENT FOR EMBEZZLEMENT OF OPIUM BY CULTIVATOR

-Any cultivator licensed to cultivate the opium poppy on account of the Central Government who embezzles or otherwise illegally disposes of the opium produced or any part thereof, shall be punishable 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.

SECTION 20: PUNISHMENT FOR CONTRAVENTION IN RELATION TO CANNABIS PLANT AND CANNABIS

-Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder.-

(a) cultivates any cannabis plant; or

(b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable- 

15(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;

(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 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.

SECTION 21: PUNISHMENT FOR CONTRAVENTION IN RELATION TO MANUFACTURED DRUGS AND PREPARATIONS

16-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.

SECTION 22: PUNISHMENT FOR CONTRAVENTION IN RELATION TO PSYCHOTROPIC SUBSTANCES

17-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 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.

SECTION 23: PUNISHMENT FOR ILLEGAL IMPORT INTO INDIA, EXPORT FROM INDIA OR TRANSHIPMENT OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

-18Whoever, incontravention 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.

SECTION 24: PUNISHMENT/OR EXTERNAL DEALINGS IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES IN CONTRAVENTION OF SECTION 12

-Whoever engages in or controls any trade whereby a narcotic drug or a psychotropic substance is obtained outside India and supplied to any person outside India without the previous authorisation of the Central Government or otherwise than in accordance with the conditions (if any) of such authorisation granted underSection 12-, shall be punishable 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 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.

SECTION 25: PUNISHMENT/OR ALLOWING PREMISES, ETC., TO BE USED/OR COMMISSION OF AN OFFENCE

19-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.vehicle or the person having control of a vehicle has knowingly permitted it to be used for commission of any offence punishable under the Act. By proving mere use of the vehicle for transporting contraband material like ganja, the offence underSec. 25-of the Act cannot be fastened to the owner of the vehicle.

SECTION 25A: PUNISHMENT FOR CONTRAVENTION OF ORDERS MADE UNDER SEC. 9-A

20If any person contravenes an order made under Sec. 9-A-, he shall be punishable 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:

Provided that the Court may, for reasons to be recorded in the judgment, impose a fine exceeding one lakh rupees.

SECTION 26: PUNISHMENT FOR CERTAIN ACTS BY LICENSEE OR 1NS SERVANTS

-If the holder of any licence, permit or authorisation granted under this Act or any rule or order made thereunder or any person in his employ and acting on his behalf-

(a) omits, without any reasonable cause, to maintain accounts or to submit any return in accordance with the provisions of this Act or any rule made thereunder;

(b) fails to produce without any reasonable cause such licence, permit or authorisation on demand of any officer authorised by the Central Government or State Government in this behalf;

(c) keeps any accounts or makes any statement which is false or which he knows or has reason to believe to be incorrect: or

(d) wilfully and knowingly does any act in breach of any of the conditions of licence, permit or authorisation for which a penalty is not prescribed elsewhere in this Act,

he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

SECTION 27: PUNISHMENT FOR CONSUMPTION OF ANY NARCOTIC DRUG OR PSYCHOTROPIC SUBSTANCE

21-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.

SECTION 27A: PUNISHMENT FOR FINANCING ILLICIT TRAFFIC AND HARBOURING OFFENDERS

22-Whoever indulges in financing, directly or indirectly, any of the activities specified in sub-clauses (i) to (v) of Clause (viu-a) of Sec. 2-or harbours any person engaged in any of the aforementioned activities, shall be punishable 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.

SECTION 28: PUNISHMENT/OR ATTEMPTS TO COMMIT OFFENCES

-Whoever attempts to commit any offence punishable under this Chapter or to cause such offence to be committed and in such attempt does any act. towards the commission of the offence shall be punishable with the punishment provided for the offence.

SECTION 29: PUNISHMENT FOR ABETMENT AND CRIMINAL CONSPIRACY

(1) Whoever abets or is a party to a criminal conspiracy to commit an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained inSec. 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence.

(2) A person abets, or is a party to a criminal conspiracy to commit. an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place within and beyond India which-

(a) would constitute an offence if committed within India; or

(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India.

SECTION 30: PREPARATION

-If any person makes preparation to do or omits to; do anything which constitutes an offence punishable under any of the provisions of 23 Secs. 19, 24 and 27-A and for offences involving commercial: quantity of any narcotic drug or psychotropic substance and from the, circumstances of the case it may be reasonably inferred that he was determined to carry out his intention to commit the offence but had been prevented by circumstances independent of his will, he shall be punishable. with rigorous imprisonment for a term which shall not be less than one-half of the minimum term (if any), but which may extend to one-half of the maximum term, of imprisonment with which he would have been punishable in the event of his having committed such offence, and also with fine which shall not be less than one-half of the minimum amount (if any) of fine with which he would have been punishable, but which may extend to one-half of the maximum amount of fine with which he would have ordinarily (that is to say in the absence of special reasons) been punishable. in the event aforesaid :

Provided that the Court may, for reasons to be recorded in the Judgment, impose a higher fine.

SECTION 31: ENHANCED PUNISHMENT FOR OFFENCES AFTER PREVIOUS CONVICTION

24-(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 any 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.

SECTION 32: PUNISHMENT FOR OFFENCE FOR WHICH NO PUNISHMENT IS PROVIDED

Whoever contravenes any provision of this Act or any rule or order made. or any condition of any licence, permit or authorisation issued thereunder for which no punishment is separately provided in this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

SECTION 32A: NO SUSPENSION, REMISSION OR COMMUTATION IN ANY SENTENCE AWARDED UNDER THIS ACT

28-Notwithstanding anything contained in the Code of Criminal Procedure, 1973-(2 of 1974), or any other law for the time being in force but subject to the provisions of Sec. 33-, no sentence awarded under this Act (other than Sec. 27-) shall be suspended or remitted or commuted.

SECTION 32B: FACTORS TO BE TAKEN INTO ACCOUNT FOR IMPOSING HIGHER THAN THE MINIMUM PUNISHMENT

29-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 schools 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.

SECTION 33: APPLICATION OF SECTION 360 OF THE CODE OF CRIMINAL PROCEDURE, 1973 AND OF THE PROBATION OF OFFENDERS ACT, 1958

-Nothing contained in Section 360 of the Code of Criminal Procedure, 1973-(2 of 1974), or in the Probation of Offenders Act, 1958 (20 of 1958), shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under Section 26-orSection 27-

SECTION 34: SECURITY FOR ABSTAINING FROM COMMISSION OF OFFENCE

(1) Whenever any person is convicted of an offence punishable under any provision of Chapter IV and the Court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of any offence under this Act, the Court may at the time of passing sentence on such person order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from commission of any offence under Chapter IV during such period not exceeding three years as it thinks fit to fix.

(2) The bond shall be in such form as may be prescribed by the Central Government and the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under Section 106 of that Code-.

(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(4) An order under this section may also be made by an Appellate Court or by the High Court or Sessions Judge when exercising the powers of revision.

SECTION 35: PRESUMPTION OF CULPABLE MENTAL STATE

(1) In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.

Explanation.-In this section "culpable mental state" includes intention, motive, knowledge of a fact and belief in or reason to believe a fact.

(2) For the purpose of this section, a fact is said to be proved only when the Court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability

SECTION 36: CONSTITUTION OF SPECIAL COURTS

-30 (1) The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be specified in the notification.

(2) A Special Court shall consist of a single Judge who shall be appointed by the Government with the concurrence of the Chief Justice of the High Court.

Explanation.-In the sub-section, "High Court" means the High Court of the State In which the Sessions Judge or the Additional Sessions Judge of a Special Court was working immediately before his appointment as such Judge.

(3) A person shall not be qualified for appointment as a Judge of a Special Court unless he is, immediately before such appointment, a Sessions Judge or an Additional Sessions Judge.

SECTION 36A: OFFENCES TRIABLE BY SPECIAL COURTS

31 (1) Notwithstanding any- thing 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 subsection (2-A) 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 authorized 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 Cl. (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 a perusal of police report of the facts constituting an offence under this Act or upon a 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 Cl. (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-orSection 24-orSection 27-A-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.

SECTION 36B: APPEAL AND REVISION

-The High Court may exercise so far as may be applicable all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974), on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court, were a Court of Session trying cases within the local limits of the jurisdiction of the High Court.

SECTION 36C: APPLICATION OFTHE CODE TO PROCEEDINGS BEFORE A SPECIAL COURT

Save as otherwise provided in this Act. the provision of the Code of Criminal Procedure, 1973 (2 of 1974), (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court, shall be deemed to be a public prosecutor.

SECTION 36D: TRANSITIONAL PROVISIONS

32 (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).

SECTION 37: OFFENCES TO BE COGNIZABLE AND NON-BAILABLE

33- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-

(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for34offences under Section 19-orSection 24-orSection 27-A-and also for offences involving commercial quantity] shall be released on bail or on his own bond unless-

(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and

(ii) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

(2) The limitation on granting of bail specified in Cl. (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force on grant of bail.]

SECTION 38: OFFENCES BY COMPANIES

(1) Where an offence under Chapter IV has been committed by a company, every person, who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where any offence under Chapter IV has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-For the purpose of this section,-

(a) "company" means any body corporate and includes a firm or other association of individuals; and

(b) "director" in relation to a firm, means a partner in the firm.

SECTION 39: POWER OF COURT TO RELEASE CERTAIN OFFENDERS ON PROBATION

(1)When any addict is found guilty of an offence punishable under Section 27-35or for offences relating to small quantity of any narcotic drug or psychotropic substance] and if the Court by which he is found guilty is of the opinion, regard being had to the age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, then notwithstanding anything contained in this Act or any other law for the time being in force, the Court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for detoxification or de-addiction from. a hospital or an institution maintained or recognised by Government and on his entering into a bond in the form prescribed by the Central Government with or without sureties, to appear and furnish before the Court within a period not exceeding one year, a report regarding the result of his medical treatment and. in the meantime, to abstain from the commission of any offence under Chapter IV.

(2) If it appears to the Court, having regard to the report regarding the result of the medical treatment furnished under sub-section (1), that it is expedient so to do, the Court may direct the release of the offender after due admonition on his entering into a bond in the form prescribed by the Central Government with or without sureties for abstaining from the commission of any offence under Chapter IV during such period not exceeding three years as the Court may deem fit to specify or on his failure so to abstain, to appear before the Court and receive sentence when called upon during such period.

SECTION 40: POWER OF COURT TO PUBLISH NAMES, PLACE OF BUSINESS, ETC. OF CERTAIN OFFENDERS

{1) Where any person is convicted of any of the offences punishable under Section 15-to25-(both inclusive),Section 28-,Section 29-orSection 30-, it shall be competent for the Court convicting the person to cause the name and place of business or residence of such person, nature of the contravention, the fact that the person has been so convicted and such other particular as the Court may consider to be appropriate in the circumstances of the case, to be published at the expense of such person in such newspapers or in such manner as the Court may direct.

(2) No publication under sub-section (1) shall be made until the period for preferring an appeal against the orders of the Court has expired without any appeal having been preferred, or such appeal having been preferred has been disposed of.

(3) The expenses of any publication under sub-section (1) shall be recoverable from the convicted person as if it were a fine imposed by the Court.

SECTION 41: POWER TO ISSUE WARRANT AND AUTHORISATION

36 (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 reasons 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 V-A 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 is 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 V-A 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-.]

SECTION 42: POWER OF ENTRY, SEARCH, SEIZURE AND ARREST WITHOUT WARRANT OR AUTHORISATION

37 (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 forces 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 person, 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 or special order of the State Government, if he has reason to believe from personal 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 V-A of this Act is kept or concealed in any building, conveyance or enclosed place, may between sunrise and sunset,-

(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 V-A of this Act; and

(d) detain 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.]

SECTION 43: POWER OF SEIZURE AND ARREST IN PUBLIC PLACES

38-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 V-A 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.

SECTION 44: POWER OF ENTRY, SEARCH, SEIZURE AND ARREST IN OFFENCES RELATING TO COCA PLANT, OPIUM POPPY AND CANNABIS PLANT

-The provisions of Section 41-,42-and 43, shall, so far as may be, apply in relation to the offences punishable under Chapter IV and relating to coca plant, the opium poppy or cannabis plant and for this purpose references in those sections to narcotic drugs, or psychotropic substance39or controlled substance], shall be construed as including references to coca plant, the opium poppy and cannabis plant.

SECTION 45: PROCEDURE WHERE SEIZURE OF GOODS LIABLE TO CONFISCATION NOT PRACTICABLE

-Where it is not practicable to seize any goods (including standing crop) which are liable to confiscation under this Act, any officer duly authorised under Section 42-may serve on the owner or person in possession of the goods an order that he shall not remove, part with or otherwise deal with the goods except with the previous permission of such officer.

SECTION 46: DUTY OF LANDHOLDER TO GIVE INFORMATION OF ILLEGAL CULTIVATION

Every holder of land shall give immediate information to any officer of the police or of any of the departments mentioned in Section 42-of all the opium poppy, cannabis plant or coca plant which may be illegally cultivated within his land and every such holder of land who knowingly neglects to give such Information, shall be liable to punishment.

SECTION 47: DUTY OF CERTAIN OFFICERS TO GIVE INFORMATION OF ILLEGAL CULTIVATION

Every officer of the Government and every panch, sarpanch and other village officer of whatever description shall give immediate information to any officer of the police or of any of the departments mentioned in Section 42-when it may come to his knowledge that any land has been illegally cultivated with the opium poppy, cannabis plant or coca plant, and every such officer of the Government, panch, sarpanch and other village officer who neglects to give such information shall be liable to punishment.

SECTION 48: POWER OF ATTACHMENT OF CROP ILLEGALLY CULTIVATED

-Any Metropolitan Magistrate, Judicial Magistrate of the first class40or any Magistrate specially empowered in this behalf by the State Government or any officer of a gazetted rank empowered under Section 42-] may order attachment of any opium poppy, cannabis plant or coca plant which he has reason to believe to have been illegally cultivated and while doing so may pass such order (including an order to destroy the crop) as he thinks fit.

SECTION 49: POWER TO STOP AND SEARCH CONVEYANCE

-Any officer authorised under Section 42-, may, if he has reason to suspect that any animal or conveyance is, or is about to be, used for the transport of any narcotic drug or psychotropic substance41or controlled substance], in respect of which he suspects that any provision of this Act has been, or is being or is about to be, contravened at any time, stop such animal or conveyance, or, in the case of an aircraft, compel it to land and-

(a) rummage and search the conveyance or part thereof;

(b) examine and search any goods on the animal or the conveyance;

(c) if it becomes necessary to stop the animal or the conveyance; he may use all lawful means for stopping it, and where such means fail, the animal or the conveyance may be fired upon.

SECTION 50: CONDITIONS UNDER WHICH SEARCH OF PERSONS SHALL BE CONDUCTED

(1) When any officer duly authorised under Section 42-is about to search any person under the provisions ofSection 41-,Section 42-orSection 43-, he shall if such person so requires, take such person without unnecessary delay to the nearest Gazetted Officer of any of the departments mentioned inSection 42-or to the nearest Magistrate.

(2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or the Magistrate referred to in sub-section (1).

(3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made.

(4) No female shall be searched by any one excepting a female.

42(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.]

SECTION 50A: POWER TO UNDERTAKE CONTROLLED DELIVERY

-43The 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.]

SECTION 51: PROVISIONS OF THE CODE OF CRIMINAL PROCEDURE, 1973 TO APPLY TO WARRANTS, ARRESTS, SEARCHES AND SEIZURES

-The provisions of the Code of Criminal Procedure, 1973, (2 of 1974), shall apply in so far as they are not inconsistent with the provisions of this Act, to all warrants issued and arrests, searches and seizures made under this Act.

SECTION 52: DISPOSAL OF PERSONS ARRESTED AND ARTICLES SEIZED

(1) Any officer arresting a person under Section 41-,Section 42-,Section 43-orSection 44-shall, as soon as may be, inform him of the grounds for such arrest.

(2) Every person arrested and article seized under warrant issued under sub-section (1) of Section 41-shall be forwarded without unnecessary delay to the Magistrate by whom the warrant was issued.

(3) Every person arrested and article seized under sub-section (2) of Section 41-,Section 42-,Section 43-, or Section 44-shall be forwarded without unnecessary delay-

(a) the officer-in-charge of the nearest police station, or

(b) the officer empowered under Section 53-.

(4) The authority or officer to whom any person or article is forwarded under sub-section (2) or sub-section (3) shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or article.

SECTION 52A: DISPOSAL OF SEIZED NARCOTIC DRUGS AND PSYCHOTROPIC SUB- STANCES

(1) The Central Government may, having regard to the hazardous nature of any narcotic drugs or psychotropic substances, their vulnerability to theft, substitution, constraints of proper storage space or any other relevant considerations, by notification published in the Official Gazette, specify such narcotic drugs or psychotropic substances or class of narcotic drugs or class of psychotropic substances which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as the Government may from time to time, determine after following the procedure hereinafter specified.

(2) Where any narcotic drug or psychotropic substance has been seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered under Section 53-, the officer referred to in sub-section (1) shall prepare an inventory of such narcotic drugs or psychotropic substances containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the narcotic drugs or psychotropic substances or the packing in which they are packed, country of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs or psychotropic substances in any proceedings under this Act and make an application, to any Magistrate for the purpose of-

(a) certifying the correctness of the inventory so prepared; or

(b) taking, in the presence of such Magistrate, photographs of such drugs or substances and certifying such photographs as true; or

(c) allowing to draw representative samples of such drugs or substances, in the presence of such Magistrate and certifying the correctness of any list of samples so drawn.

(3) Where an application is made under sub-section (2), the Magistrate shall as soon as may be allow the application.

(4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or the Code of Criminal Procedure. 1973 (2 of 1974), every Court trying an offence under this Act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples drawn under sub-section (2) and certified by the Magistrate, as primary evidence in respect of such offence.]

SECTION 53: POWER TO INVEST OFFICERS OF CERTAIN DEPARTMENTS WITH POWERS OF AN OFFICER-IN-CHARGE OF A POLICE STATION

(1) The Central Government, after consultation with the State Government, may, by notification published in the Official Gazette, invest any officer of the department of Central Excise, narcotics, customs, revenue, intelligence45or any other department of the Central Government including para-military forces or armed forces] or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of the offences under this Act.

(2) The State Government may, by notification published in the Official Gazette, invest any officer of the department of drugs control, revenue or excise46or any other department] or any class of such officers with the powers of an officer-in-charge of a police station for the Investigation of offences under this Act.

SECTION 53A: RELEVANCY OF STATEMENTS UNDER CERTAIN CIRCUMSTANCES

(1) A statement made and signed by a person before any officer empowered under Section 53-for the investigation of offences, during the course of any inquiry or proceedings by such officer, shall be relevant for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains-

(a) when the person who made the statement is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or, expense which, under the circumstances of the case, the Court considers unreasonable; or

(b) when the person who made the statement is examined as a witness in the case before the Court and the Court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the Interest of justice.

(2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceedings under this Act or the rules or orders made thereunder, other than a proceeding before a Court, as they apply in relation to a proceeding before a Court.]

SECTION 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 drugs or psychotropic substance or controlled substance; or

(d) any materials which have undergone any process towards the manufacture of a narcotic drug or psychotropic substances 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.

SECTION 55: POLICE TO TAKE CHARGE OF ARTICLES SEIZED AND DELIVERED

-An officer - in-charge of a police station shall take charge of and keep in safe custody, pending the orders of the Magistrate, all articles seized under this Act within the local area of that police station and which may be delivered to him, and shall allow any officer who may accompany such articles to the police station or who may be deputed for the purpose, to affix his seal to such articles or to take samples of and from them and all samples so taken shall also be sealed with a seal of the officer-in-charge of the police station.

SECTION 56: OBLIGATION OF OFFICERS TO ASSIST EACH OTHER

-All officers of the several departments mentioned in Section 42-shall upon notice given or request made, be legally bound to assist each other in carrying out the provisions of this Act.

SECTION 57: REPORT OF ARREST AND SEIZURE

-Whenever any person makes any arrest or seizure under this Act, he shall, within forty-eight hours next after such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate official superior.

SECTION 58: PUNISHMENT/OR VEXATIONS ENTRY, SEARCH, SEIZURE OR ARREST

(1) Any person empowered under Sectioin 42-orSection 43-orSection 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-orSection 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.

SECTION 59: FAILURE OF OFFICER IN DUTY OR HIS CONNIVANCE AT THE CONTRAVENTION OF THE PROVISIONS OF THIS ACT

(1) Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine or with both.

49(2) Any officer on whom any duty has been imposed by or under this Act or any person who has been given the custody of- 

(a) any addict; or

(b) any other person who has been charged with an offence under this Act, and who wilfully aids in, or connives at, the contravention of any provision of this Act or any rule or order made thereunder, shall be punishable 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.

Explanation.-For the purposes of this sub-section, the expression "officer" includes any person employed in a hospital or institution maintained or recognised by the Government or a local authority under Section 64-A-for providing de-addiction treatment.]

(3) No Court shall take cognizance of any offence under sub-section (1) or sub-section (2) except on a complaint in writing made with the previous sanction of the Central Government, or as the case may be, the State Government.

SECTION 60: LIABILITY OF ILLICIT DRUGS, SUBSTANCES, PLANTS, ARTICLES AND CONVEYANCES TO CONFISCATION

50(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.

(2) Any narcotic drug or psychotropic substance lawfully produced, imported inter-State, exported inter-State, imported into India, transported, manufactured, possessed, used, purchased or sold along with or in addition to, any narcotic drug or psychotropic substance which is liable to confiscation under sub-section (1) and receptacles, packages and coverings in which any narcotic drug or psychotropic substance,51or controlled substances], materials, apparatus or utensils liable to confiscation under sub-section (1) is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation.

(3) Any animal or conveyance used in carrying any narcotic drug or psychotropic substance51or controlled substances], or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person-in-charge or of the animal or conveyance and that each of them had taken all reasonable precautions against such use.

SECTION 61: CONFISCATION OF GOODS USED. FOR CONCEALING ILLICIT DRUGS OR SUBSTANCES

-Any goods used for concealing any52narcotic drug, psychotropic substance or controlled substance] which is liable to confiscation under this Act shall also be liable to confiscation.

Explanation.-In this section "goods" does not include conveyance as a means of transport.

SECTION 62: CONFISCATION OF SALE PROCEEDS OF ILLICIT DRUGS OR SUBSTANCES

-Where any53[narcotic drug, psychotropic substance or controlled substance] is sold by a person having knowledge or reason to believe that the drug or substance is liable to confiscation under this Act, the sale proceeds thereof shall also be liable to confiscation.

SECTION 63: PROCEDURE IN MAKING CONFISCATION

(1) In the trial of offences under this Act, whether the accused is convicted or acquitted or discharged, the Court shall decide whether any article or thing seized under this Act is liable to confiscation under Section 60-orSection 61-orSection 62-and, if it decides that the article is so liable, it may order confiscation accordingly.

(2) Where any article or thing seized under this Act appears to be liable to confiscation under Section 60-orSection 61-orSection 62-but the person who committed the offence in connection therewith is not known or cannot be found, the Court may inquire into and decide such liability, and may order confiscation accordingly:

Provided that no order of confiscation of an article or thing shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim:

Provided further that if any such article or thing, other than a narcotic drug, psychotropic substance,54controlled substance] the opium poppy, coca plant or cannabis plant is liable to speedy and natural decay, or if the Court is of opinion that its sale would be for the benefit of its owner, it may at any time direct it to be sold; and the provisions of this sub-section shall, as nearly as may be practicable, apply to the net proceeds of the sale.

SECTION 64: POWER TO TENDER IMMUNITY FROM PROSECUTION

(1) The Central Government or the State Government may, if it is of opinion (the reason for such opinion being recorded in writing) that with a view to obtaining the evidence of any person appearing to have been directly or Indirectly concerned in or privy to the contravention of any provisions of this Act or of any rule or order made thereunder it is necessary or expedient so to do, tender to such person immunity from prosecution for any offence under this Act or under the Indian Penal Code (45 of 1860), or under any other Central Act or State Act, as the case may be, for the time being in force on condition of his making a full and true disclosure of the whole circumstances relating to such contravention.

(2) A tender of immunity made to, and accepted by, the person concerned, shall, to the extent to which the immunity extends, render him immune from prosecution for any offence in respect of which the tender was made.

(3) If it appears to the Central Government or, as the case may be, the State Government that any person to whom immunity has been tendered under this section has not complied with the conditions on which the tender was made or is wilfully concealing anything or is giving false evidence, the Central Government or, as the case may be, the State Government, may record a finding to that effect and thereupon the immunity shall be deemed to have been withdrawn and such person may be tried for the offence in respect of which the tender of immunity was made or for any other offence of which he appears to have been guilty in connection with the same matter.

SECTION 64A: IMMUNITY FROM PROSECUTION TO ADDICTS VOLUNTEERING FOR TREATMENT

-Any addict, who is charged with any 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.]

SECTION 65: POWER TO MAKE RULES REGULATING DISPOSAL A/CONFISCATED ARTICLES AND REWARDS

SECTION 66: PRESUMPTION AS TO THE DOCUMENTS IN CERTAIN CASES

-Where any document-

(i) is produced or furnished by any person or has been seized from the custody or control of any person, in either case, under this Act or under any other law, or

(ii) has been received from any place outside India (duly authenticated by such authority or person and in such manner as may by prescribed by the Central Government) in the course of investigation of any offence under this Act alleged to have been committed by a person, and such document is tendered in any prosecution under this Act in evidence against him, or against him and any other person who is tried jointly with him, the Court shall-

(a) presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the Court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that person's handwriting; and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested;

(b) admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence;

(c) in a case falling under Clause (i). also presume, unless the contrary is proved, the truth of the contents of such document.

SECTION 67: POWER TO CALL FOR INFORMATION, ETC

-Any officer referred to in Section 42-who is authorised in this behalf by the Central Government or a State Government may, during the course of any enquiry in connection with the contravention of any provision of this Act-

(a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder;

(b) require any person to produce or deliver any document or thing useful or relevant to the enquiry;

(c) examine any person acquainted with the facts and circumstances of this case.

SECTION 68: INFORMATION AS TO COMMISSION OF OFFENCES

-No officer acting in exercise of powers vested in him under any provision of this Act or any rule or order made thereunder shall be compelled to say whence he got any information as to the commission of any offence.

SECTION 68A: APPLICATION

(1) The provisions of this Chapter shall apply only to the persons specified in sub-section (2). (2) The persons referred to in sub-section (1) are the following, namely: 

(a) every person who has been convicted of an offence punishable under this

Act with imprisonment for a term of 58[ten] years or more:

(b) every person who has been convicted of a similar offence by a competent Court of criminal jurisdiction outside India;

(c) every person in respect of whom an order of detention has been made under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988). or under the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (J.& K. Act XXIII of 1988) :

Provided that such order of detention has not been revoked on the report of the

Advisory Board constituted under the said Acts or such order of detention has not been set aside by a Court of competent jurisdiction;

59(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;]

(d) every person who is a relative of a person referred to in Clause (a) or Clause (b) or Clause (c)59or Clause (cc)]: (el every associate of a person referred to in Clause (a) or Clause (b) or Clause (c)59or Clause (c) Clause (cc)];

(f) any holder (hereafter in this clause referred to as the "present holder") of any property which was at any time previously held by a person referred to in Clause (a) or Clause (b) or Clause (c)58or Clause (cc)] unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration.

SECTION 68B: DEFINITIONS

-In this Chapter, unless the context otherwise 'quires,-

(a) "Appellate Tribunal" means the Appellate Tribunal for Forfeited Property constituted under Section 68-N-;

(b) "associate" in relation to a person whose property is liable to be forfeited under this Chapter, means- 

(i) any individual who had been or is residing in the residential premises (including out-houses) of such person;

(ii) any individual who had been or is managing the affairs or keeping the accounts of such person;

(iii) any association of persons, body of individuals, partnership firm, or private company within the meaning of the Companies Act, 1956 (1 of 1956), of which such person had beer or is a member, partner or director;

(iv) any individual who had been or is a member, partner or director of an association of persons, body of individuals partnership firm or private company referred to in sub-clause (iv) at any time when such person had been or is a member, partner or director of such association, body, partnership firm or private company;

(v) any person, who had been or is managing the affairs, or keeping the accounts, of any association of persons, body of individuals, partnership firm or private company referred to in sub-clause (iii);

(vi) the trustee of any trust, where,- 

(1) the trust has been created by such person; or

(2) the value of the assets contributed by such person (including the value of the assets, if any, contributed by him earlier) to the trust amounts, on the date on which contribution is made, to not less than twenty per cent of the value of the assets of the trust on that date;

(vii) where the competent authority, for reasons to be recorded in writing, considers that any properties of such person are held on his behalf by any other person, such other person;

(c) "competent authority" means an officer of the Central Government authorised by it under Section 68-D-;

(d) "concealment" means the concealment or disguise of the nature, source, disposition, movement or ownership of property and includes the movement or conversion of such property by electronic transmission or by any other means;

(e) "freezing" means temporarily prohibiting the transfer conversion, disposition or movement of property by an order issued under Section 68-F-;

(f) "identifying" includes establishment of proof that the property was derived from, or used in, the illicit traffic;

(g) "illegally acquired property", in relation to any person to whom this Chapter applies, means. - 

(i) any property acquired by such person, whether before or after the commencement of this Chapter, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to60the contraventions of any provision of this Act] ; or

(ii) any property acquired by such person, whether before or after the commencement of this Chapter, for a consideration, or by any means wholly or partly traceable to any property referred to in sub-clause (i) or the income or earning from such property, and includes-

(A) any property held by such person which would have been in relation to any previous holder thereof, illegally acquirer property under this clause if such previous holder had not ceasedto hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holders is or was a transferee in good faith for adequate consideration;

(B) any property acquired by such person, whether before or after the commencement of this Chapter, for a consideration, or by any means, wholly or partly traceable to any property falling under item (a), or the income or earnings therefrom;

(h) "property" means property and assets of every description, whether corporeal or incorporeal, moveable or immoveable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets, derived from, or used in, the illicit traffic;

(i) "relative" means- 

(1) spouse of the person;

(2) brother or sister of the person;

(3) brother or sister of the spouse of the person;

(4) any lineal ascendant or descendant of the person;

(5) any lineal ascendant or descendant of the spouse of the person;

(6) spouse of a person referred to in sub-clause (2), sub-clause (3), sub-clause (4) or sub-clause (5);

(7) any lineal descendant of a person referred to in sub-clause (2) or sub-clause (3);

(j) "tracing" means determining the nature, source, disposition, movement, title or ownership of property;

(k) "trust" includes any other legal obligation.

SECTION 68C: PROHIBITION OF HOLDING ILLEGALLY ACQUIRED PROPERTY

(1) As from the commencement of this Chapter, it shall not be lawful for any person to whom this Chapter applies to hold any illegally acquired property either by himself or through any other person on his behalf.

(2) Where any person holds any illegally acquired property in contravention of the provisions of sub-section (1), such property shall be liable to be forfeited to the Central Government in accordance with the provisions of this Chapter:

61Provided 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.]

SECTION 68D: COMPETENT AUTHORITY

(1) The Central Government may, by order published in the Official Gazette, authorise any Collector of Customs or Collector of Central Excise or Commissioner of Income-tax or any other officer of the Central Government of equivalent rank to perform the functions of the competent authority under this Chapter.

(2) The competent authorities shall perform their functions in respect of such persons or classes of persons as the Central Government may. by order, direct.

SECTION 68E: IDENTIFYING ILLEGALLY ACQUIRED PROPERTY

62[(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.]

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institution or any other relevant matters.

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions or guidelines as the competent authority may make or issue in this behalf.

SECTION 68F: SEIZURE OR FREEZING OF ILLEGALLY ACQUIRED PROPERTY

(1) Where any officer conducting an inquiry or investigation under Section 68-E-has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which will result in frustrating any proceeding relating to forfeiture of such property under this Chapter, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned :

Provided that the competent authority shall be duly informed of any order made under this sub-section and copy of such an order shall be sent to the competent authority within forty-eight hours of its being made.

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made.

Explanation.-For the purposes of this section, "transfer of property" means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes,-

(a) the creation of a trust in property;

(b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property;

(c) the exercise of a power of appointment of a property vested in person, not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and

(d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person.

SECTION 68G: MANAGEMENT A/PROPERTIES SEIZED OR FORFEITED UNDER THIS CHAPTER

(1) The Central Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of a Joint Secretary to the Government) as it thinks fit, to perform the functions of an Administrator.

(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub-section (1) ofSection 68-F-or under Section 68-I-in such manner and subject to such conditions as may be prescribed.

(3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government.

SECTION 68H: NOTICE OF FORFEITURE OF PROPERTY

(1) If, having regard to the value of the properties held by any person to whom this Chapter applies, either by himself or through any other person on his behalf, his known sources of income, earnings or assets, and any other information or material available to it as a result of a report from any officer making an investigation under Section 68-E-or otherwise, the competent authority has reason to believe (the reasons for such belief to be recorded in writing) that all or any of such properties are illegally acquired properties, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the Central Government under this Chapter.

(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.

63Provided that no notice for forfeiture shall be served upon any person referred to in Clause (cc) of sub-section (2) of Section 68-A-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.]

SECTION 68I: FORFEITURE OF PROPERTY IN CERTAIN CASES

(1) The competent authority may, after considering the explanation, if any, to the show-cause notice issued under Section 68-H-, and the materials available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties: 

Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show-cause notice,

the competent authority may proceed to record a finding under this sub-section exparte on the basis of evidence available before it.

(2) Where the competent authority is satisfied that some of the properties referred to in the show-cause notice are illegally acquired properties but is not able to identity specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record finding accordingly under sub-section (1).

(3) Where the competent authority records a finding under this ' section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Chapter, stand forfeited to the Central Government free from all encumbrances.

64[Provided that no illegally acquired property of any person who is referred to in Clause (cc) of sub-section (2) of Section 68-A-or relative or 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.]

(4) Where any shares in a company stand forfeited to the Central Government under this Chapter, then, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or the articles of association of the company, forthwith register the Central Government as the transferee of such shares.

SECTION 68J: BURDEN OF PROOF

-In any proceedings under this Chapter, the burden of proving that any property specified in the notice served under Section 68-H-is not illegally acquired property shall be on the person affected.

SECTION 68K: FINE IN LIEU OF FORFEITURE

(1) Where the competent authority makes a declaration that any property stands forfeited to the Central Government under Section 68-I-and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction of the competent authority, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.

(2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard.

(3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the competent authority may, by order, revoke the declaration of forfeiture under Section 68-I-and thereupon such property shall stand released.

SECTION 68L: PROCEDURE IN RELATION TO CERTAIN TRUST PROPERTIES

-In the case of any person referred to in sub-clause (vi) of Clause (b) of Section 68-B-, if the competent authority, on the basis of the information and materials available to it, has reason to believe (the reasons for such belief to be recorded in writing) that any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust or, as the case may be, the contributor of the assets out of or by means of which such property was acquired by the trust and the trustees, calling upon them within a period of thirty days specified in the notice, to explain the source of money or other assets out of or by means of which such property was acquired or, as the case may be, the source of money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be a notice served under Section 68-H-and all the other provisions of this Chapter shall apply accordingly.

Explanation.-For the purposes of this section "illegally acquired property", in relation to any property held in trust, includes-

(i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor,

(ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions.

SECTION 68M: CERTAIN TRANSFERS TO BE NULL AND VOID

-Where after the making of an order under sub-section (1) of Section 68-F-or the issue of a notice under Section 68-H-or under Section 68-L-, any property referred to in the said order or notice is transferred by any mode whatsoever such transfer shall for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under Section 68-I-, then, the transfer of such property shall be deemed to be null and void.

SECTION 68N: CONSTITUTION OF APPELLATE TRIBUNAL

(1} The Central Government may, by notification in the Official Gazette, constitute an Appellate Tribunal to be called the Appellate Tribunal for Forfeited Property consisting of a Chairman and such number of other members (being officers of the Central Government not below the rank of a Joint Secretary to the Government) as the Central Government thinks fit, to be appointed by that Government for hearing appeals against the orders made under Section 68-F-,Section 68-I-, sub-section (1) of Section 68-K-orSection 68-L-.

(2) The Chairman of the Appellate Tribunal shall be a person who is or has been or is qualified to be a Judge of the Supreme Court or of a High Court.

(3) The terms and conditions of service of the Chairman and other members shall be such as may be prescribed.

SECTION 68O: APPEALS

[1]65Any officer referred to in sub-section (1) of Section 68-E-or any person aggrieved by an order of the competent authority] made under Section 68-F-,Section 68-I-, sub-section (1) of Section 68-K-orSection 68-L-, may, within forty-five days from the date on which the order is served on him, prefer an appeal to the Appellate Tribunal :

Provided that the Appellate Tribunal may entertain an appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving an opportunity to the appellant to be heard, if he so desires, and after making such further inquiry as it deems fit confirm modify or set aside the order appealed against.

(3) The powers and functions of the Appellate Tribunal may be exercised and discharged by Benches consisting of three members and constituted by the Chairman of the Appellate Tribunal.

(4) Notwithstanding anything contained in sub-section (3), where the Chairman considers it necessary so to do for the expeditious disposal of appeals under this section, he may constitute a Bench of two members and a Bench so constituted may exercise and discharge the powers and functions of the Appellate Tribunal:

Provided that if the members of a Bench so constituted differ on any point or points, they shall state the point or points on which they differ and refer the same to a third member (to be specified by the Chairman) for hearing of such point or points and such point or points shall be decided according to the opinion of that member.

(5) The Appellate Tribunal may regulate its own procedure.

(6) On application to the Appellate Tribunal and on payment of the prescribed fee, the Tribunal may allow a party to any appeal or any person authorised in his behalf by such party to inspect at any time during office hours, any relevant records and registers of the Tribunal and obtain a certified copy of any part thereof.

SECTION 68P: NOTICE OR ORDER NOT TO BE INVALID FOR ERROR IN DESCRIPTION

-No notice issued or served, no declaration made, and no order passed, under this Chapter shall be deemed to be invalid by reason of any error in the description of the property or person mentioned therein if such property or person is identifiable from the description so mentioned.

SECTION 68Q: BAR OF JURISDICTION

-No order passed or declaration made under this Chapter shall be appealable except as provided therein and no Civil Court shall have jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority is empowered by or under this Chapter to determine, and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Chapter.

SECTION 68R: COMPETENT AUTHORITY AND APPELLATE TRIBUNAL TO HAVE POWERS OF CIVIL COURT

-The competent authority and the Appellate Tribunal shall have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:

(a) summoning and enforcing the attendance of any person and examine him on oath;

(b) requiring the discovery and production of documents;

(C) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any Court or office;

(e) issuing commissions for examination of witnesses or documents;

(f) any other matter which may be prescribed.

SECTION 68S: INFORMATION TO COMPETENT AUTHORITY

(1) Notwithstanding any- thing contained in any other law, the competent authority shall have power to require any officer or authority of the Central Government or a State Government or a local authority to furnish Information in relation to such persons, points or matters as in the opinion .of the competent authority will be useful for, or relevant to, the purposes of this Chapter.

(2) Every officer referred to in Section 68-T-may furnish suo motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this Chapter.

SECTION 68T: CERTAIN OFFICERS TO ASSIST ADMINISTRATOR, COMPETENT AUTHORITY AND APPELLATE TRIBUNAL

-For the purposes of any proceedings under this Chapter, the following officers are hereby empowered and required to assist the Administrator appointed under Section 68-G-, competent authority and the Appellate Tribunal, namely:

(a) officers of the Narcotics Control Bureau; (b) officers of the Customs Department; (c) officers of the Central Excise Department; (d) officers of the Income-tax Department;

(e) officers of enforcement appointed under the Foreign Exchange Regulation Act, 1973 (46 of 1973);

(f) officers of police;

(g) officers of the Narcotics Department;

(h) officers of the Central Economic Intelligence Bureau;

(i) officers of the Directorate of Revenue Intelligence;

(j) such other officers of the Central or State Government as are specified by the Central Government in this behalf by notification in the Official Gazette.

SECTION 68U: POWER TO TAKE POSSESSION

(1) Where any property has been declared to be forfeited to the Central Government under this Chapter, or where the person affected has failed to pay the fine due under sub-section (1) of Section 68-K-within the time allowed therefor under sub-section (3) of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed under Section 68-G-or to any person duly authorised by him in this behalf within thirty days of the service of the order.

(2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take possession of the property and may for that purpose use such force as may be necessary.

(3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of any property referred to in sub-section (1), requisition the service of any police officer to assist him and it shall be the duty of such officer to comply with such requisition.

SECTION 68V: RECTIFICATION OF MISTAKES

-With a view to rectifying any mistakes apparent from record, the competent authority or the Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order:

Provided that if any such amendment is likely to affect any person prejudicially, it shall not be made without giving to such person a reasonable opportunity of being heard.

SECTION 68W: FINDINGS UNDER OTHER LAWS NOT CONCLUSIVE FOR PROCEEDINGS UNDER THIS CHAPTER

-No finding of any officer or authority under any other law shall be conclusive for the purposes of any proceedings under this Chapter.

SECTION 68X: SERVICE OF NOTICES AND ORDERS

-Any notice or order issued or made under this Chapter shall be served-

(a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent:

(b) if the notice or order cannot be served in the manner provided in Clause (a), by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain.

SECTION 68Y: PUNISHMENT FOR ACQUIRING PROPERTY IN RELATION TO WHICH PROCEEDINGS HAVE BEEN TAKEN UNDER THIS CHAPTER

-Any person who knowingly acquired, by any mode whatsoever, any property in relation to which proceedings are pending under this Chapter shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees.]

SECTION 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 68-A-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.]

SECTION 69: PROTECTION OF ACTION TAKEN IN GOOD FAITH

-No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government or any officer of the Central Government or the State Government or any other person exercising any powers or discharging any functions or performing any duties under this Act, for anything in good faith done or intended to be done under this Act or any rule or order made thereunder.

SECTION 70: CENTRAL GOVERNMENT AND STATE GOVERNMENT TO HAVE REGARD TO INTERNATIONAL CONVENTIONS WHILE MAKING RULES

-Wherever under this Act the Central Government or the State Government has been empowered to make rules, the Central Government or the State Government, as the case may be, subject to other provisions of this Act, may while making the rules have regard to the provisions of the Single Convention on Narcotic Drugs, 1961, the Protocol of 1972 amending the said Convention and of the Convention on Psychotropic Substances, 1971 to which India is a party and to the provisions of any other international convention relating to narcotic drugs or psychotropic substances to which India may become a party.

SECTION 71: POWER OF GOVERNMENT TO ESTABLISH CENTRES FOR IDENTIFICATION, TREATMENT ETC., of addicts and for supply of narcotic drugs and psychotropic substances

(1) The Government may, in its discretion, establish as many centres as it thinks fit for identification, treatment, education, after-care, rehabilitation, social re-integration of addicts and for supply, subject to such conditions and in such manner as may be prescribed, by the concerned Government of any narcotic drugs and psychotropic substances to the addicts registered with the Government and to others where such supply is a medical necessity.

(2) The Government may make rules consistent with this Act providing for the establishment, appointment, maintenance, management and superintendence of, and for supply of narcotic drugs and psychotropic substances from, the centres referred to in sub-section (1) and for the appointment, training, powers, duties and persons employed in such centres.

SECTION 72: RECOVERY OF SUMS DUE TO GOVERNMENT

(1) In respect of any licence fee or other sum of any kind payable to the Central Government or to the State Government under any of the provisions of this Act or of any rule or order made thereunder, the officer of the Central Government or the State Government, as the case may be, who is empowered to require the payment of such sum, may deduct the amount of such sum from any money owing to the person from whom such sum may be recoverable or due or may recover such amount or sum by attachment and sale of the goods belonging to such persons and if the amount of the same is not so recovered, the same may be recovered from the person or from his surety (if any) as if it were an arrear of land revenue.

(2) When any person, in compliance with any rule made under this Act, gives a bond (other than a bond under Section 34-andSection 39-) for the performance of any act, or for his abstention from any act, such performance or abstention shall be deemed to be a public duty within the meaning of Section 74 of the Indian Contract Act, 1872(9 of 1872), and upon breach of the conditions of such bond by him, the whole sum named therein as the amount to be paid in case of such breach may be recovered from him or from his surety (if any) as if it were an arrear of land revenue.

SECTION 73: BAR OF JURISDICTION

-No Civil Court shall entertain any suit or proceeding against any decision made or order passed by any officer or authority under this Act or under any rule made thereunder on any of the following matters, namely :

(a) withholding, refusal or cancellation of any licence for the cultivation of the opium poppy;

(b) weighment, examination and classification, according to the quality and consistence of opium and any deductions from, or addition to, the standard price made in accordance with such examination;

(c) confiscation of opium found to be adulterated with any foreign substance.

SECTION 74: TRANSITIONAL PROVISIONS

-Every officer or other employee of the Government exercising or performing, immediately before the commencement of this Act, any powers or duties with respect to any matters provided for in this Act, shall on such commencement, be deemed to have been appointed under the relevant provisions of this Act to the same post and with the same designation as he was holding immediately before such commencement.

SECTION 74A: POWER OF CENTRAL GOVERNMENT TO GIVE DIRECTIONS

-The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution of the provisions of this Act, and the State Government shall comply with such directions.]

SECTION 75: POWER TO DELEGATE

(1) The Central Government may, by notification in the Official Gazette, delegate subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act (except the power to make rules) as it may deem necessary or expedient, to the Board or any other authority or the Narcotics Commissioner.

(2) The State Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act (except the power to make rules) as it may deem necessary or expedient, to any authority or officer of that Government.

SECTION 76: POWER OF CENTRAL GOVERNMENT TO MAKE RULES

(1) Subject to the other provisions of this Act, the Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: 

(a) the method by which percentages in the case of liquid preparations shall be calculated for the purposes of Cls. (v), (vi) (xiv] and (xv) of section 2-;

(b) the form of bond to keep the peace to be executed under Sec, 34:

(c) the form of bond to be executed for release of an addict convict for medical

treatment under sub-section (1) of section 39 -and the bond to be executed by such convict before his release after due admonition under sub-section (2) of that section.

68(ca) the manner in which "controlled delivery" under Section 50-A-is to be undertaken.]

(d) the authority or the person by whom and the manner in which a document

received from any place outside India shall be authenticated under Clause (ii) of Section 66-;

69(da) the manner in which and the conditions subject to which properties shall be managed by the Administrator under sub-section (2) of section 68 -G-;

(db) the terms and conditions of service of the Chairman and other members of the Appellate Tribunal under sub-section (3) of section 68-N-;

(dc) the fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal or for obtaining the certified copy of any part thereof under sub-section (6) of section 68-O-;

(dd) the powers of a Civil Court that may be exercised by the competent authority and the Appellate Tribunal under Clause (f) of section 68-R-;

(de) the disposal of all articles or things confiscated under this Act; (df) the drawing of samples and testing and analysis of such samples; (dg) the rewards to be paid to the officers, informers and other persons];

(e) the conditions and the manner in which narcotic drugs and psychotropic substances may be supplied for medical necessity to the addicts registered with the Central Government and to others under sub-section (1) of section 71-;

(f) the establishment, appointment, maintenance, management and superintendence of centres established by the Central Government under - sub-section (1) of section 71-and appointment, training, powers and duties of persons employed in such centres;

(g) the term of office of, the manner of filling casual vacancies of, and the allowances payable to, the Chairman and members of the Narcotic Drugs and Psychotropic Substances Consultative Committee and the conditions and restrictions subject to which a non-member may be appointed to a subcommittee under sub-section (5) of section 6-;

(h) any other matter which is to be, or may, be prescribed.

SECTION 77: RULES AND NOTIFICATIONS TO BE LAID BEFORE PARLIAMENT

-70[Every rule made under this Act by the Central Government and every notification or order issued under Clause (vii-a), Clause (xi), Clause (xxiii-a) of Section 2-,Section 3-,Section 7-A-,Section 9-A-and and Clause (a) of Section 27-shall be laid, as soon as may be, after it is made or issued,! before each House of Parliament while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made or issued, the rule or the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.

SECTION 78: POWER OF STATE GOVERNMENT TO MAKE RULES

(1) Subject to the other provisions of this Act, the State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(a) conditions and the manner in which narcotic drugs and psychotropic substances shall be supplied for medical necessity to the addicts registered with the State Government and others under sub-section (1) of Section 71-;

(b) the establishment, appointment, maintenance, management, superintendence of centres established under sub-section (1) of Section 71-and appointment, training, powers and duties of persons employed in such centres;

(c) any other matter which is to be, or may be, prescribed.

(3) Every rule made by a State Government under this Act shall be laid, as soon as may be, after it is made, before the Legislature of that State.

SECTION 79: APPLICATION OF THE CUSTOMS ACT, 1962

-All prohibitions and restrictions imposed by or under this Act on the import into India, the export from India and transhipment of narcotic drugs and psychotropic substances shall be deemed to be prohibitions and restrictions imposed by or under the Customs Act, 1962 (52 of 1962), and the provisions of that Act shall apply accordingly:

Provided that, where the doing of anything is an offence punishable under that Act and under this Act, nothing in that Act or in this section shall prevent the offender from being punished under this Act.

SECTION 80: APPLICATION OF THE DRUGS AND COSMETICS ACT, 1940 NOT BARRED

-The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940), or the rules made thereunder.

SECTION 81: SAVING OF STATE AND SPECIAL LAWS

-Nothing in this Act or in the rules made thereunder shall affect the validity of any Provincial Act or an Act of any State Legislature for the time being in force, or of any rule made thereunder which imposes any restriction or provides for a punishment not imposed by or provided for under this Act or imposes a restriction or provides for a punishment greater in degree than a corresponding restriction imposed by or a corresponding punishment provided for by or under this Act for the cultivation of cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within India.

SECTION 82: REPEAL AND SAVINGS

(1) The Opium Act, 1857 (13 of 1857), the Opium Act, 1878 (1 of 1878), and the Dangerous Drugs Act, 1930 (2 of 1930), are hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under any of the enactments repealed by sub-section (1) shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act.

SECTION 83: POWER TO REMOVE DIFFICULTIES

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President.

(2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament.

Footnotes:

1. Inserterd by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001, Section 2, dated 9th May, 2001

2. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001", SECTION 3, DATED 9TH MAY, 2001.

3. Inserted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001"

4. Inserted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989 (2 of 1989), Section 3 (a) (w.e.f. 29th May, 1989).

5. Inserted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989 (2 of 1989), Section 3 (b) (w.e.f. 29th May, 1989).

6. Inserted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001]. Section 3, dated 9th May, 2001.

7. Inserted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989 (2 of 1989), Section 3 (c) (w.e.f. 29th May, 1989).

9. Substitued by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 4, dated 9th May, 2001.

10. Inserted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989 (2 of 1989), Section 5 (w.e.f. 29th May, 1989).

12. Inserted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989 (2 of 1989), Section 6 (w.e.f. 29th May, 1989).

13. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 6, dated 9th May, 2001.

14. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 6, dated 9th May, 2001.

15. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 7, dated 9th May, 2001.

16. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 8, dated 9th May, 2001.

17. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 8, dated 9th May, 2001.

18. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 8, dated 9th May, 2001.

19. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 9, dated 9th May, 2001.

20. Inserted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989 (2 of 1989), Section 7 (w.e.f. 29th May, 1989).

21. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Sec. 10, dated 9th May, 2001.

22. Inserted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989 (2 of 1989), Section 8 (w.e.f. 29th May, 1989).

23. Substituted for certain words by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 11.

24. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001", Sec. 12, dated 9th May, 2001.

25. Inserted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989" [2 of 1989] Sec. 9 (w.e.f. 29th May, 1989).

26. Substituted for certain words by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Sec. 13, dated 9th May, 2001.

27. Substituted for certain words by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Sec. 13, dated 9th May, 2001.

28. Inserted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989 [Act 2 of 1989] Section 10 (w.e.f. 29th May, 1989).

29. Inserted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001 [ 9 of 2001] Section 14, dated 9th May, 2001.

30. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989 [Act 2 of 1989] Section 11 (w.e.f. 29th May, 1989), for Section 36.

31. Substituted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 15, dated 9th May, 2001.

32. Substituted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 16. dated 9th May, 2001.

33. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989" Act 2 of 1989, Section 12 (w.e.f. 29th May, 1989).

34. Substituted for certain words by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 17, dated 9th May, 2001.

35. Inserted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 18, dated 9th May, 2001.

36. Substituted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 19, dated 9th May, 2001.

37. Substituted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 19, dated 9th May, 2001.

38. Substituted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 19, dated 9th May, 2001.

39. Inserted by Act "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 20, dated 9th May, 2001.

40. Inserted by THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989, Act 2 of 1989, Section 13 (w.e.f. 29th May, 1989).

41. Inserted by Act No. "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 21, dated 9th May, 2001.

42. Inserted by Act No. "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 22, dated 9th May, 2001.

43. Inserted by Act No. "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 13, dated 9th May, 2001.

45. Subs. for "or Border Security Force" by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 24, dated 9th May, 2001.

46. Inserted by THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989, Act 2 of 1989, Section 15 (w.e.f. 29th May, 1989).

49. Substituted by THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989, Act 2 of 1989, Section 16 (w.e.f. 29th May, 1989)

50. Substituted by 9 of '2001, Section 26, dated 9th May, 2001.

51. Inserted by THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989, Act 2 of 1989, Section 15 (w.e.f. 29th May, 1989).

52. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 27 for "narcotic dnig or psychotropic substances ", dated 9th May, 2001.

53. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 2, dated 9th May, 2001, for "narcotic drugs or psychotropic substance",

54. Inserted by THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989, Act 2 of 1989, (w.e.f. 29th May, 1989), Section 29.

55. Omitted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001, Act 9 of 2001, (w.e.f. 1th May, 2001), Section 29.

57. Inserted by THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989, Act 2 of 1989, Section 19 (w.e.f. 29th May, 1989).

58. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 31, for "five", dated 9th May, 2001.

59. Inserted by THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001, Act 9 of 2001, Section 15 (w.e.f. 9th May, 2001).

60. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 32, for "illicit traffic", dated 9th May, 2001.

61. Subs by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 33, dated 9th May, 2001.

62. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 34, dated 9th May, 2001.

63. Inserted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 35, dated 9th May, 2001.

64. Inserted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 36, dated 9th May, 2001.

65. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 37, for certain words, dated 9th May, 2001.

68. Ins. by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 39, dated 9th May, 2001.

69. Inserted by THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 1989, Act 2 of 1989, Section 21 (w.e.f. 29th May, 1989).

70. Substituted by "THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001" [9 of 2001], Section 40, for certain words.

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES, 1985

In exercise of the powers conferred by

Sec. 9, read withSec. 76of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby makes the following rules, namely;

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called The Narcotic Drugs and Psychotropic Substances Rules, 1985.

(2) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 DEFINITIONS

-In these rules, unless the context otherwise requires,-

(a) "the Act,"- means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);

(b) "Appellate Authority" means any authority to whom an appeal may lie under any provision of these rules;

2[(c) "Chemical Examiner" means the Chemical Examiner or Deputy Chief Chemist or Shift Chemist or Assistant Chemical Examiner, Government Opium and Alkaloid Works, Neemuch or, as the case may be, Ghazipur;]

(d) "Chief Controller Factories" means the Chief Controller of Government Opium and Alkaloid Factories;

(e) "Crop year" means the period beginning on and from the 1st October of any year to the 30 September of the following year;

(f) "General Manager" means the General Manager, Government Opium and Alkaloid Works, Neemuch or, as the case may be, Ghazipur;

(g) "Issuing authority" means the Narcotic Commissioner or any other officer who may be authorised in this behalf by the Central Government for issuing a licence under Chapter V of these rules or issuing an import certificate or export authorisation under Chapter VI of these rules in respect of narcotic drugs or psyehotropic substances;

(h) "Licence" means a licence issued under these rules;

(i) "Proper Officer", in relation to any function to be performed under these rules, means the officer of Narcotic Department who is assigned those functions by the Narcotic Commissioner;

(j) "Schedule" means a Schedule annexed to these rules;

(k) words and expressions used herein and not defined, but defined in the Act shall have the meanings respectively assigned to them in the Act.

RULE 3 DELEGATION OF POWERS

-Subject to such directions as may be given by the Central Government, the Narcotics Commissioner appointed by the Central Government underSub-sec. (1) ofSec. 5-of the Act, may authorise any officer subordinate to him, to exercise all or any of his powers under these rules.

RULE 4 NARCOTIC COMMISSIONER AND OTHER OFFICERS TO EXERCISE THE POWERS OF THEIR SUBORDINATES

-The Narcotics Commissioner and such other officer as may be appointed by the Central Government under Sub-sec. (1) ofSec. 5-of the Act may perform all or any of the functions, or exercise any of the powers, assigned under these rules to the officers subordinate to them.

RULE 5 OPIUM POPPY CULTIVATION AND PRODUCTION AS OPIUM OR POPPY STRAW

-The opium poppy for production of opium or poppy straw shall not be cultivated save on account of the Central Government and in the tracts notified by it from time to time and in accordance with the conditions of a licence issued by the District Opium Officer underRule 8-

RULE 6 FEE FOR GRANT OF LICENCE

-The licence of cultivation of opium poppy may be granted by the District Opium Officer on payment of a fee of3[rupees twenty-five].

RULE 7 FORM OF LICENCE FOR CULTIVATION OF THE OPIUM POPPY

-The licence for cultivation of Opium Poppy for the production of Opium or Poppy Straw shall be issued in Form No. 1 appended to these rules.

RULE 8 ISSUE OF LICENCE

-Subject to the general conditions relating to grant of licence notified by the Central Government, the District Opium Officer may issue licence to any person for a crop year for cultivation of the Opium Poppy for production of Opium or Poppy Straw on receipt of an application made by that person in Form No. 2 'appended to these rules.

RULE 9 LICENCE TO SPECIFY THE AREA, ETC

-The licence for cultivation of Opium Poppy issued underRule 8-shall specify the area and designate the plots to be cultivated with Opium Poppy.

RULE 10 DESIGNATING OF LAMBARDAR

-The District Opium Officer may designate one of the cultivators of opium poppy as Lambardar in each village where Opium Poppy cultivation is permitted, who shall perform such functions and on such terms and conditions as may be specified from time to time by Narcotics Commissioner.

RULE 11 WITHHOLDING OR CANCELLATION OF LICENCE

(1) An officer higher in rank than the District Opium Officer may, for sufficient reasons to be recorded in writing, withhold or cancel a licence already issued.

(2) No order shall be passed under Sub-rule (1) unless the cultivator has been given a reasonable opportunity of showing cause against the said order or is heard in person, if he so desires.

(3) Where opium poppy has been cultivated under a licence which is subsequently withheld, or cancelled, the standing crop, if any, shall be destroyed under the supervision of the proper officer in such manner as may be specified by the Narcotics Commissioner.

RULE 12 PROCEDURE WITH REGARD TO MEASUREMENT OF LAND CULTIVATED WITH OPIUM POPPY

(1) All plots of land cultivated with Opium Poppy in accordance with the licence issued under these rules, shall be measured in metres by the proper officer in the presence of the cultivator concerned and the Lambardar of the village and the concerned cultivator and the Lambardar of the village shall attest the entries made in the records to be maintained by the Lambardar, as may be specified by the Narcotics Commissioner in thisbehalf, under their -signature/thumb-impression with date, in token of having satisfied themselves regarding the correctness of the measurement.

(2) The measurement conducted by the proper officer shall be subject to such further checks by such officers as may be specified by the Narcotics Commissioner in this behalf.

RULE 13 PROCEDURE WITH REGARD TO PRELIMINARY WEIGHMENT

(1) The cultivator shall, during the course of harvesting, produce daily before the Lambardar, each day's collection of Opium from his crop for weighment.

(2) The Lambardar shall make arrangements to weigh such opium and make necessary entries in the records to be maintained by him as may be specified by the Narcotics Commissioner in this behalf.

(3) The cultivator and the Lambardar shall attest the entries made in such records under their signature/thumb-impression with date, showing the quantity of opium weighed on a particular day.

(4) The proper officer shall conduct check weighment of the opium collected by the cultivators with reference to the entries in the Lambardar's record and indicate his finding therein which shall be attested by him and the Lambardar under their signature with date.

(5) The variations between the quantity of opium produced by the cultivator indicated in the Lambardar's record and as found by the proper officer during his check, shall be inquired into by the proper officer in order to ascertain the liability of the cultivator for punishment underSec. 19-of the Act.

RULE 14 DELIVERY OF OPIUM PRODUCED

-All opium, the produce of land cultivated with opium poppy, shall be delivered by the cultivators to the District Opium Officer or any other officer duly authorised in this behalf, by the Narcotics Commissioner at a place as may be specified by such officer.

RULE 15 OPIUM TO BE WEIGHED, EXAMINED AND CLASSIFIED

-All Opium delivered by the cultivators to the District Opium Officer or any other officer authorised as aforesaid, shall, in the presence of the concerned cultivator or any person authorised by him and the Lambardar of the village, be weighed, examined and classified according to its quality and consistence and forwarded by the District Opium Officer to the Government Opium Factory in such manner as may be specified by the Narcotics Commissioner.

RULE 16 PROCEDURE WHERE CULTIVATOR IS DISSATISFIED WITH CLASSIFICATION OF OPIUM

-Any cultivator who may be dissatisfied with the classification of his opium done by the officer referred to inRule 15-may have it forwarded by such officer to the Government Opium Factory separately, after having it properly sealed in his presence and in the presence of the concerned Lambardar.

RULE 17 PROCEDURE FOR SENDING OPIUM SUSPECTED TO BE ADULTERATED

-When opium delivered by a cultivator to the District Opium Officer or any other officer authorised in this behalf, is suspected of being adulterated with any foreign substance, it shall be forwarded to the Government Opium Factory separately, after it is properly sealed in the presence of the cultivator and the concerned Lambardar.

RULE 18 DRAWING OF SAMPLES FROM OPIUM SENT TO GOVERNMENT OPIUM FACTORY UNDER Rule 16 or Rule 17

-The sealed Opium received separately in accordance withRule 16-orrule 17-, shall be opened and sample drawn thereof in the presence of the cultivator, if he so desires, to whom, a notice intimating the date and time in this behalf, shall be sent well in advance.

RULE 19 FIXATION OF PRICE OF OPIUM

(1) The Central Government shall, from time to time, fix the price of Opium, to be paid to the cultivators, in such manner as it may deem fit.

(2) Such price shall he fixed per kilogram of opium of a .standard consistence.

RULE 20 PROVISIONAL PAYMENT OF PRICE

(1) The District Opium Officer shall, having regard to the weight and consistence of opium delivered by individual cultivators, work out the weight of such opium at the standard consistence and determine provisionally the total price payable to such cultivators.

(2) The said officer, shall, pay to the cultivators, ninety percent of the price so determined which shall be subject to adjustment against the final price payable to the cultivators to be determined as provided hereinafter.

RULE 21 WEIGHMENT AND EXAMINATION OF THE OPIUM AT THE GOVERNMENT OPIUM FACTORY

-The opium forward by the District Opium Officer shall be received, weighed. examined and classified in the Government Opium Factory under the supervision of the General Manager in such manner as may he specified hy the Narcotics Commissioner.

RULE 22 CONFISCATION OF ADULTERATED OPIUM

-All such opium received separately underRule 17-, if found to he adulterated on examination hy the Chemical Examiner in the Government Opium Factory may be liable to confiscation hy the General Manager.

RULE 23 ADJUDICATION OF CONFISCATION OF ADULTERATED OPIUM

-No such confiscation shall he ordered by the General Manager unless the concerned cultivator is given a reasonable opportunity of showing cause against the proposed order and is heard in person, if he so desires.

RULE 24 DETERMINATION OF FINAL PRICE OF OPIUM

(1) Subject toRule 21-, the final price of opium payable to the cultivator shall, having regard to the price fixed hy the Central Government underRule 19-, be determined by the General Manager on the basis of analysis report of the Chemical Examiner or such other officer as may be authorised in this behalf by the Chief Controller of Factories and communicated to the concerned District Opium Officer.

(2) The price payable in respect of any opium which is delivered to the District Opium Officer or any other officer authorised in this behalf underRule 14-and is not initially suspected to be adulterated but found to be adulterated on examination in the Government Opium Factory, shall be subject to reduction at such rates as may be specified hy (the Control Government.

RULE 25 ADJUSTMENT OF CULTIVATORS' ACCOUNT AND RECOVERY OF DUES FROM THE CULTIVATORS

-The accounts of the cultivators for a particular crop year shall be adjusted by the District Opium Officer at the time of issuing of licences for the subsequent crop year and any balance that may remain due from the cultivators shall be recorded and any amount due to them be paid.

RULE 26 WEIGHTS AND SCALES

-The weights and scales to he used for weighing the opium at the weighment centres and the Government Opium Factory shall be caused to be examined at the appropriate time by the Deputy Narcotics Commissioner or the General Manager, as the case may be.

RULE 27 CULTIVATION OF OPIUM POPPY FOR EXCLUSIVE PRODUCTION OF POPPY STRAW

-The Central Government may, if it considers it expedient so to do. permit cultivation of the opium poppy for the exclusive production of poppy straw in accordance with a licence issued underrule 8-in such tracts and subject to such conditions as may he specified by it. by notification in the Official Gazzette in this behalf: Provided that the poppy straw produced by the cultivators or a result of the cultivation of opium poppy for production of opium, shall be deemed to have been produced under a valid licence issued underRule 8-

RULE 28 APPEALS TO THE DEPUTY NARCOTICS COMMISSIONER AND NARCOTICS COMMISSIONER

(1) (a) Any person aggrieved by any decision or order made or passed under these rules relating to refusal, withholding or cancellation of a licence for opium poppy cultivation by an officer of the Narcotics Department lower in rank than the Deputy Narcotics Commissioner, may appeal to the Deputy Narcoties Commissioner within thirty days from the date of the communication to him of such decision or order.

(b) Notwithstanding anything contained in Clause (a), if the decision or order regarding withholding or cancellation of licence for opium poppy cultivation is passed by the Deputy Narcotics Commissioner, such appeal shall lie to the Narcotics Commissioner.

Provided that the Deputy Narcotics Commissioner or, as the case may be, the Narcotics Commissioner may, if he is satisfied that the appellant was prevented from submitting his appeal within the time limit specified in Clause (a) due to reasons beyond his control, allow such appeal to be presented within a further period of thirty days.

(2) Every appeal under this rule shall be accompanied by a copy of the decision or order appealed against and shall be in such form and in such a manner as may be specified by the Narcotics Commissioner in this behalf.

RULE 29 APPEALS TO THE CHIEF CONTROLLER OF FACTORIES

(1) Any person aggrieved by any decision or order made or passed underRule 21-orRule 23-by the General Manager may appeal to the Chief Controller of Factories within thirty days from the date of the communication to him of such decision or order: Provided that the Chief Controller of Factories may, if he is satisfied that the appellant was prevented from submitting his appeal within the said time limit due to reasons beyond his control, allow such appeal to be presented within a further period of thirty days.

(2) Every appeal under this rule shall be accompanied by a copy of the decision or order appealed against and shall be in such form and in such manner as may be specified by the Narcotics Commissioner.

RULE 30 PROCEDURE FOR APPEAL

(1) The Appellate Authority shall give an opportunity to appellant to be heard, if he so desires.

(2) The Appellate Authority may, at the hearing of an appeal, allow the appellant to go into any ground of appeal not specified in the grounds of appeal, if the Appellate Authority is satisfied that omission of that ground from the grounds of appeal was not wilful or unreasonable.

(3) The Appellate Authority may, after making such further inquiry as may be necessary, pass such orders as he thinks fit confirming, modifying or annulling the decision or order appealed against: Provided that any order relating to the quantum of adulterated opium to be confiscated in addition to the opium already confiscated underRule 23-shall not be passed unless the appellant has been given a reasonable opportunity of showing cause against the proposed order.

(4) The order of the Appellate Authority disposing of the appeal under this rule shall be in writing and shall state the points for determination, the decision thereon and the reasons for the decision.

(5) On the disposal of the appeal, the Appellate Authority shall communicate the order passed by him to the appellant and the officer who passed the order or made the decision appealed against.

(6) No further appeal or revision shall lie against the order passed by the Appellate Authority under this rule.

RULE 31 MANUFACTURE OF OPIUM

-Opium shall not be manufactured save by the Central Government Opium Factories at Ghazipur and Neemuch: Provided that opium mixtures may be manufactured from opium lawfully possessed by a person authorised under the rules made by the State Governments for the said purpose.

RULE 32 EXPORT OF OPIUM

-The export of opium is prohibited save when the export is on behalf of the Central Government.

RULE 33 SALE OF STATE GOVERNMENTS OR MANUFACTURING CHEMISTS

(1) The sale of opium to State Governments or, as the case may be, manufacturing chemists shall be only from the Government Opium Factory, Ghazipur.

(2) The sale of opium from the Government Opium Factory at Ghazipur to manufacturing chemists shall be only under a permit granted by or under the orders of the State Government within whose jurisdiction the chemist resides or has his place of business in the form prescribed by that Government.

(3) The permit referred to in Sub-rule (2) shall be issued, in quadruplicate and,-

(a) the quadruplicate copy shall be retained by the issuing authority and the remaining copies forwarded to the Government Opium Factory, Ghazipur;

(b) the said Factory shall retain the duplicate copy for record, send the original copy with the consignment of opium and return the triplicate copy to the issuing authority after endorsing thereon the quantity actually supplied and the date of despatch,

RULE 34 FIXATION OF SALES PRICE OF OPIUM

-The price to be charged for opium sold under this Chapter shall be fixed, from time to time, by the Central Government in such manner as it may deem fit.

RULE 35 GENERAL PROHIBITION

-The manufacture of crude cocaine, ecogonine and its salts and of diacetyl morphine and its salts is prohibited.4RULE 36 MANUFACTURE OF NATURAL MANUFACTURED DRUGS

(1) The manufacture of cocaine and its salts is prohibited save the manufacture of cocaine hydrochloride by the chemical staff employed under the Central Board of Excise and Customs from confiscated cocaine.

(2) The manufacture of morphine, codeine, dionine, thebaine, dihyrocodcinone, dihydrocodeine, acetyidihydrocodeine, acetyidihydrocodeinone, dihydromorphinc, dihydromorphinone, dihydrohydroxycodeinone, pholcodine and their respective salts is prohibited save by the Government Opium Factory.

(3) The manufacture of medicinal hemp shall be under a license granted by the State Government on payment of such fees and in accordance with such conditions as may be prescribed by that Government in this behalf.

RULE 37 MANUFACTURE OF SYNTHETIC MANUFACTURED DRUGS

(1) The manufacture of manufactured drugs notified under Sub-clause (b) of Clause (xi) ofSec. 2-of the Act (hereafter referred to as the drug) is prohibited save under and in accordance with the conditions of a licence granted by the Narcotics Commissioner or such other officer as may be authorised by the Central Government in this behalf, in Form No. 3 appended to these rules.

(2) A fee of rupees fif'ty shall be payable in advance to the Central Government (or each licence issued under this rule lor renewal thereof'.

RULE 38 APPLICATION FOR LICENCE

-Every application lor a licence or lor renewal thereof underrule 37-shall be in such form as may he specified by the Narcotics Commissioner.

RULE 39 CONDITIONS FOR ISSUE OF LICENCES

-No licence shall he issued underrule 37-unless the applicant therefore has-

(i) produced to the issuing authority licences granted to him under(a) the Drugs and Cosmetis Act, 1940 (23 of 1940), for the manufacture of the drug, and (b) the rules framed underSec. 10-of the Act by Slate Government of the Slate in which he has his place of business, for the possession, sale and distribution of the drugs: and

(ii) made a deposit of Rs. 5,000.00 as security in the manner specified by the issuing authority for the due observance of the conditions of the licence and has furnished proof to the satisfaction of the issuing authority that he is equipped as to the land, building and other paraphernalia to properly carry on the business prescribed in the application and is of good financial standing.

RULE 40 MANUFACTURE ONLY FROM MATERIALS LAWFULLY POSSESSED

-The licensee shall not manufacture the drug save from materials which he is lawfully entitled to possess.

RULE 41 LIMITS OF MANUFACTURE

-The issuing authority, while issuing the licence, shall take into account all relevant factors for permitting the quantity of the drug to he manufactured by a licensee including the following :

(a) quantity allotted by the Slate Government for processing into any preparation in the licensee's own manufactory,

(b) quantity required for supply to other firms within or outside the country:

(c) quantity required for reasonable inventory:

Provided that the total quantity of the drug manufactured during any one year docs not exceed the estimated requirements of this country for the relevant year as furnished to the International Narcotics Control Board.

RULE 42 SECURITY ARRANGEMENTS

-The licensee shall ensure all necessary arrangements in the manufacturing premises as may he specified by the issuing authority.

RULE 43 ADVANCE NOTICE FOR COMMENCEMENT AND CESSATION OF MANUFACTURE

-The licensee shall give at least 15 days' notice in writing to the issuing authority of the dale on which he proposes to commence manufacture of the drug and at least one month's notice before he ceases to manufacture the same.

RULE 44 CESSATION OF MANUFACTURE

-Where the licensee ceases manufacturing operations for any reasons whatsoever, he shall forthwith inform the issuing authority in this hehall indicating the dale on which he proposes to recommence manufacture : Provided that the issuing authority may prohibit all further manufacture in case the period of cessation of manufacture exceeds 30 days.

RULE 45 POSSESSION, SALE AND DISTRIBUTION

-The licensee shall not possess or sell or distribute the drug otherwise than in accordance with the rules made by the State Government under the Act.

RULE 46 MAINTENANCE OF ACCOUNTS AND SUBMISSION OF RETURNS

--The licensee shall maintain true accounts of all transactions including the accounts of materials used for the manufacture of the drug, the quantities manufactured sold or otherwise disposed of and furnish returns in such forms and in such manner as may he specified by the Narcotics Cornmissioner.

RULE 47 INSPECTION OF.STOCKS, ETC

(1) The stocks of the drug and (the materials used for its manufacture and all accounts and records of transactions relating thereto, shall be open to inspection hy any officer authorised by the issuing authority.

(2) A serially numbered Inspection Book shall he maintained hy the licensee in good condition for the use of such officer.

RULE 48 SUSPENSION AND REVOCATION OF LICENCE

(1) Without prejudice to any action that may he taken under the provisions of the Act. the issuing authority may suspend or cancel a licence-

(i) if the licence is transferred or sublet without the prior approval of the issuing authority: or

(ii) in the event of any breach of any condition of the licence: or

(iii) if the licensee is convicted for any offence under the Act or under any other law relating to the narcotic drugs for the time being in force in any State.

(2) No order shall he passed under Sub-rule (1) unless the licensee has been given a reasonable opportunity showing cause against the said order or is heard in person, if he so desires.

RULE 49 APPEAL

(1) The licensee may file an appeal against the decision or order made or passed underRule 48-to- 

(i) the Narcotics Commissioner where such decision or order was made or passed hy any officer subordinate to him: and

(ii) the Board, in any other case: within 30 days from the date of communication to him of such decision or order.

(2) Every memorandum of appeal shall he accompanied hy a copy of the decision or order appealed against.

(3) Every appeal under this rule shall he filed in such form and in such manner as may he specified by the Board.

RULE 50 PROCEDURE FOR APPEAL

(1) The Appellate Authority shall give an opportunity lo the .appellant to be heard in person, if he so desires.

(2) The Appellate Authority may. as the hearing of an appeal allow the appellant to go into any ground of appeal not specified in the grounds of appeal if the Appellate Authority is satisfied that omission of that ground from the grounds of appeal was not wilful or unreason able.

(3) The Appellate Authority may after making such further inquiry as may be necessary, pass such orders as it thinks fit. confirming, modifying or annulling the decision or order appealed against.

(4) The order of the Appellate Authority disposing of the appeal under this rule shall be in writing and shall state the points for determination the decision thereon and the reasons for the decision.

RULE 51 SURRENDER OF LICENCE

-A licensee may if he so desires, surrender his licence by giving not less than 15 day notice in writing to the issuing authority.

RULE 52 DISPOSAL OF STOCKS ON DRUGS ON CANCELLATION OF LICENCE, ETC

-Such stocks of drugs as may he in the possession of a licensee, on the expiry or cancellation or surrender of his licence, shall be disposed of in such manner as may be specified by the Narcotics Commissioner in this behalf.

RULE 53 GENERAL PROHIBITION

-Subject to the other provisions of this Chapter, the import into and export out of India of the narcotic drugs and psychotropic substances specified in Schedule I is prohibited.5RULE 54 IMPORT OF OPIUM, ETC

The import of-

(i) opium, concentrate of poppy straw, and

(ii) morphine, codeine, thebaine, and their salts in prohibited save by the Government Opium Factory.

RULE 55 APPLICATION FOR IMPORT CERTIFICATE

(1) No narcotic drug, or psychotropic substance specified in Schedule II, shall be imported into India without an import certificate in respect of the consignment issued by the issuing authority, in Form No. 4 appended to these rules.

(2) The importer applying for an import certificate under Sub-rule (1) in relation to narcotic drug shall submit along with his application the original or certified copy of the excise permit issued by the concerned State Government.

(3) The application for the import certificate shall state details as may be specified by the Narcotics Commissioner.

RULE 56 ISSUE OF IMPORT CERTIFICATE

(1) The issuing authority shall prepare seven copies of the import certificate referred to in Sub-rule (1) ofRule 55-and deal with them in the manner hereunder provided, namely : 

(a) 

(i) original and duplicate copies should be supplied to the importer who should transmit the original copy to the exporting country and shall produce the duplicate copy at the Customs House, Land Customs Station or Airport where the consignment

arrives or, in the case of imports by parcel post, at the post office of delivery, in order to obtain delivery of the consignment of narcotic drugs or psychotropic substances.

(ii) The Collector of Customs or Post Master shall state on the copy presented by the

importer that the narcotic drugs or the psychotropic substances have actually been

imported and return the document to the importer who shall indicate on it that he has received the goods.

(iii) The importer shall return the duplicate copy of the import certificate incorporating the endorsement from the Collector of Customs or Post Master and his own endorsement to the issuing authority-(1) where the import certificate relates to narcotic drug, through the excise authorities of the State from which excise permit for purposes of Sub-rule (2) ofRule 55-was produced; (2) where the import certificate

relates to psychotropic substance, through the Drugs Controller of the concerned State.

(b) Triplicate copy should be supplied to the Collector of Customs concerned who shall return it to the issuing authority along with the copy of the export authorisation to be received at the time of receipt of the consignment from the Government of the exporting country, with an endorsement as to actual quantity of narcotic drug or psychotropic substances cleared.

(c) Quadruplicate copy of the import certificate in relation to narcotic drug should be supplied to the excise authorities of the State into which the narcotic drug is to be imported, and the said copy of the certificate in relation to psychotropic substance should be supplied to Drugs Controller of the concerned State for comparison with the copy produced before them, by the importer under Sub-clause (a) of this Sub-rule.

(d) Quintuplicate copy should be supplied to the Government of the exporting country for comparison with the copy furnished to them by the importer under Sub-clause (a) or this Sub-rule.

(e) Sextuplicate copy should be supplied to the Drugs Controller, Government of India.

(f) Septuplicate copy should be retained by the issuing authority in his office.

(2) An import certificate issued under Sub-rule (1)Rule 55-may allow the importation of the quantity of the concerned drug or the substance in more than one consignment.

RULE 57 TRANSIT

-Subject to the provisions ofSec.. 79RULE 58 APPLICATION FOR EXPORT AUTHORISATION

(1) No narcotic drug, or psychotropic substances specified in Schedule II, shall be exported out of India without an export authorisation in respect of the consignment issued by the issuing authority in Form No. 5 appended to these rules.

(2) The exporter applying for an export authorisation under Sub-rule (1) shall submit- 

(a) where the export authorisation relates to narcotic drug, alongwith his

application the original or an authenticated copy of the excise permit issued by the concerned State Government; and

(b) the import certificate in original, issued by the Government of the

importing country certifying the official approval of the concerned Government.

(3) Notwithstanding anything contained in Sub-rules (1) and (2) the psychotropic substances specified in Schedule III may be exported out of India after the exporter files the original and duplicate copies of the declaration in Form No. 6 with the Narcotics Commissioner who shall transmit the duplicate copy of the declaration to the concerned authority of the importing country requesting that authority to certify on the duplicate copy of the declaration that the actual quantity of psychotropic substance has been duly imported and return the said copy; triplicate copy of the declaration should be sent, alongwith the consignment of said substances by the exporter to the importing country and the quadruplicate copy thereof may be retained by him.

(4) The application for the export authorisation shall state such details as may be specified by the Narcotics Commissioner.

RULE 59 ISSUE OF EXPORT AUTHORISATION

(1) The issuing authority shall prepare five copies of the export authorisation referred to in Sub-rule (1) of rule 58 and deal with them in the manner hereunder provided, namely: 

(a) The original should be supplied to the consignor which shall accompany thc consignment.

(b) The duplicate copy should be forwarded to the Collector of Customs of the

port who will return it to the issuing authority indicating on it the date of export and the quantity exported.

(c) The triplicate copy should be forwarded to the Government of the importing country.

(d) The quadruplicate copy should be forwarded to the excise authority of the State in which the exporter has his place of business.

(e) Quintuplicate copy should be retained by the issuing authority in his office.

(2) Where the consignment of narcotic drug or psychotropie substance is to be transhipped or transited through one or more countries, such additional number ol copies of export authorisation as may be required shall be prepared and sent to the concerned country or as the case may be countries.

RULE 60 TRANSHIPMENT

-Subject to the provisions ofSec. 79-of the Act and Rule 53. no consignment of narcotic drug. or psychotropic substance specified in Schedule II, shall be allowed to be transhipped at any port in India save with the permission of the Collector of Customs.

RULE 61 PROCEDURE FOR TRANSHIPMENT

-The Collector of Customs while allowing any consignment of narcotic drug, or psychotropic substances, specified in Schedule II, to be transhipped shall, inter alia, satisfy himself that the consignment is accompanied by a valid export authorisation issued by the exporting country.

RULE 62 DIVERSION OF CONSIGNMENT

(1) The Collector of Customs shall take all due measures to prevent the diversion of such consignment to a destination other than that named in the aforesaid export authorisation.

(2) 

(a) The Collector of Customs may permit diversion of such a consignment to a country other than that named in the accompanying copy of the export authorisation subject to the production of export authorisation issued by the

issuing authority as provided under Rule 58, as if the diversion were an export from India to the country, or territory of new destination.

(b) The Collector of Customs shall inform the issuing authority regarding the actual quantity of the narcotic drug or psychotropic substance, the diversion of the consignment of which was allowed under Clause (a), whereupon the

issuing authority shall, inform the country from which the export of the consignment originated.

RULE 63 PROHIBITION OF IMPORT AND EXPORT OF CONSIGNMENTS THROUGH A POST OFFICE BOX, ETC

-The import or export of consignments of any narcotic drug or psychotropic substance through a post office box or through a bank is prohibited.

RULE 64 GENERAL PROHIBITION

-No person shall manufacture, possess, transport, import inter-State. export inter-State. sell. purchase, consume or use any of the psychotropic substances specified in Schedule I.

RULE 65 MANUFACTURE OF PSYCHOTROPIC SUBSTANCES

(1) Subject to the provisions of Sub-rule (2). the manufacture of any of the psychotropic substances other than those specified in Schedule I shall be in accordance with the conditions of a licence granted under the Drugs and Cosmetics Rules, 1945 (hereinafter referred to as the 1945 Rules) framed under the Drugs and Cosmetics Act, 1940 (23 of 1940), by an authority in charge of Drugs Control in a State appointed by the State Government in this behalf. 

"Provided that the authority in charge of drug control in a State referred to

above may issue a licence to manufacture a psychotropic substance specified in Schedule III for the purpose of export only";

(2) The authority in charge of Drugs Control in a State (hereinafter referred to as the Licensing Authority) shall consult the Drugs Controller (India) in regard to the assessed annual requirements of each of the psychotropic substances in bulk form referred to in Sub-rule (1) in the country and taking into account the requirement of such psychotropic substances in the State, the quantity of such substance required for supply to other manufacturers outside the State and the quantity of such substance required for reasonable inventory to be held by a manufacturer, shall specify, by order, the limit of the quantity of such substance which may be manufactured by the manufacturer in the State.

(3) The quantity of the said psychotropic substance which may be manufactured by a licensee in a year shall be intimated by the Licencing Authority to the licensee at the time of issuing the licence. 

6["Provided that nothing contained in this rule shall apply in case the psychotropic substances specified in Schedule I are manufactured, possessed,

transported, imported inter-State, exported inter-State, sold, purchased,

consumed or used subject to other provisions of this chapter which applies to

psychotropic substances which are not included in Schedule I and for the purposes mentioned in Chapter VII-A:

Provided further that the authority in charge of the drug control in a State referred to in sub-rule (2) of Rule 65 shall consult the Narcotics Commissioner before issuing a licence under Rule 65 in respect of psychotropic substances included in Schedule 1."17["and Schedule III"]

RULE 66 POSSESSION, ETC. OF PSYCHOTROPIC SUBSTANCES

(1) No person shall possess any psychotropic substance for any of the purpose covered by the 1945 Rules, unless he is lawfully authorised to possess such substance for any of the said purposes under these Rules.

(2) Notwithstanding anything contained in Sub-rule (1), any research institution, or a hospital or dispensary maintained or supported by Government or local body or by charity or voluntary subscription, which is not authorised to possess any psychotropic substance under the 1945 Rules, or any person who is not so authorised under the 1945 Rules, may possess a reasonable quantity of such substance as may be necessary for their genuine scientific requirements or genuine medical requirements, or both for such period as is deemed necessary by the said research institution or, as the case may be, the said hospital or dispensary or person: Provided that where such psychotropic substance is in possession of an individual for his personal medical use the quantity thereof shall not exceed one hundred dosage units at a time.

(3) The research institution, hospital and dispensary referred to in Subrule (2) shall maintain proper accounts and records in relation to the purchase and consumption of the psychotropic substance in their possession.

RULE 67 TRANSPORT OF PSYCHOTROPIC SUBSTANCES

(1) Subject to the provisions ofRule 64-. no consignment of psychotropic substance shall be transported, imported inter-State or exported interState unless such consignment is accompanied by a consignment note in Form 7 appended to these Rules and in the manner as provided hereinafter.

(2) The consignment note referred in Sub-rule (1) shall be prepared in triplicate, and the original and duplicate copies of the said note shall be sent along with the consignment of psychotropic substances to the consignee who shall return the duplicate copy of the note to the consignor for his use after endorsing on the original and duplicate copies the particulars of the receipt of the quantity consigned.

(3) The consignor shall make necessary entries on the triplicate copy of the said note with reference to the receipt of quantity of the psycholropic substances indicated on that duplicate copy of the note.

(4) The consignor and consignee shall keep such consignment note for a period of two years and the said note may be inspected at any time by an officer authorised in this behalf by the Central Government.

RULE 67A NOTWITHSTANDING ANYTHING CONTAINED IN THE FOREGOING PROVISIONS OF THESE RULES

(a) a narcotic drug and psychotropic substance may be used for— 

(i) scientific requirements including analytical requirements of any Government laboratory or any research institution in India or abroad;

(ii) very limited medical requirements of a foreigner by a duly authorised

person of a hospital or any other establishment of the Government especially approved by that Government;

(iii) the purpose of de-addiction of drug addicts by Government or local body

or by an approved charity or voluntary organisation or by such other institution as may be approved by the Central Government;

(b) persons performing medical or scientific functions shall keep records concerning the acquisition of the substance and the details of their use in Form 7 of these rules and such records are to be preserved for at least two years after their (sic),

(c) a narcotic drug and psychotropic substance may be supplied or dispensed for use to a foreigner pursuant to medical prescription only from the authorised licensed pharmacists or other authorised retail distributors designated by authorities responsible for public health.

RULE 68 REPEAL AND SAVINGS

(1) The Central Opium Rules, 1934, the Dangerous Drugs (Import, Export and Transhipment) Rules, 1957, and the Central Manufactured Drugs Rules, 1962 are hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under any of the rules repealed by Sub-rule (1) shall, in so far as it is not inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these-rules.

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (EXECUTION OF BOND BY CONVICTS OR ADDICTS) RULES, 1985

In exercise of the powers conferred by

Sec. 76, read withSecs. 34and39of The Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) the Central Government hereby makes the following Rules, namely :-

RULE 1 SHORT TITLE AND COMMENCEMENT

These rules may be called The Narcotic Drugs and Psychotropic Substances (Execution of Bond by Convicts or Addicts) Rules, 1985.

(2) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 FORM OF BOND TO BE EXECUTED UNDER SEC. 34

:-Whenever any person is convicted of an offence punishable under any provision of Chapter IV of The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act), the form of bond which a court may require him to execute underSec. 34-of the Act, shall be as in Form I appended to these rules.

RULE 3 FORMS OF BONDS TO BE EXECUTED UNDER SEC. 39

When any person addicted to any narcotic drug or psychotropic substance is found guilty of an offence punishable underSec. 27-of the Act and the Court directs that such person be released for undergoing medical treatment on his entering into a bond, the form of such bond shall be as in Form II appended to these rules.

(2) When any person released for undergoing medical treatment for detoxification or de-addiction under Sub-sec. (1) ofSec. 39-of the Act is required by the Court to enter into a bond before his release under Sub-sec. (2) of that section, the form .of such bond shall be as in Form III appended to these rules.

Illegally Acquired Property (Receipt, Management and Disposal) Rules, 1989

In exercise of the powers conferred by

Section 76 of the Narcotic Drngr and Psychotropic Substances Act) 1985 (61 of 1985), the Central Government hereby makes the following rules, namely :-

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the Illegally Acquired Property (Receipt, Management and Disposal) Rules, 1989.

(2) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 DEFINITIONS

-In these rules unless the context otherwise requires,-

(a) "Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of !985) ;

(b) "Administrator" means any officer appointed by the Central Government under sub-section (1) of section 68-G-of the Act ;

(c) "Form" means form annexed to these rules;

(d) "Fund" means the National Fund for Control of Drug Abuse, constituted under sub-section (1) of section 7-A-of the Act ;

(e) "Godown" means a godown for storage of property received under sub-section (2) of section 68-G-of the Act.

RULE 3 ASSISTANCE TO THE ADMINISTRATORS

-The Central Government may provide from time to time such members of statf and other persons as it thinks fit to assist the Administrator in exercise of his powers and performance of duties under these rules.

RULE 4 DESIGNATION OF GODOWNS

(1) The Administrator shall designate as many godowns as may be necessary for the storage of propel ty mentioned in the orders made under sub-section (1) of section 68-F-or sub-section (3) of section 68-I-of the Act.

(2) The Administrator shall select godowns referred to in sub-rule (1), keeping in view the security of the premises, storage capacity, nature of property and other relevant factors.

(3) Each designated godown shall have a godown keeper and a godown-in-charge to assist the Administrator.

RULE 5 PROPER ACCOUNTING OF PROPERTIES

-The Administrator shall, at the time of receiving the properties, ensure proper identification of such property with reference to iti particulars mentioned in the order made under sub-section (1) ofSection 68-F-or sub-section (3) of Section68-I-of (.he Act, ai the case may be.

RULE 6 GODOWN REGISTER

-The Administrator shall cause a register in Form I for recording entries in respect of property other than the properlies referred to inRule 7-to be maintained.

RULE 7 GODOWA REGISTER FOR VALUABLES

-The Administrator shall caure a register in Form II for recording cn.rics in respect '_f property, name^v, gold and gold jew-llery, diamonds (including rough and uncut diamonds). precious and semi-precious stones other than diamonds and wrist watche? (hereinafter called 'valuables') to be maintained.

RULE 8 STORAGE OF PROPERTY

(1) The Administrator shall ensure that the packages conti"ining valuables are kept in the godown in an iron safe and vault, under double lock system, one key remaining with the godown-keeper and the other to be ret^sned by the godown-in-chirge.

(2) Where, for any valid reasons, it is found that the packages containing valuables may not be kept in godown, such packages shall be kept in lockers obtained exclusively for this purpose, either with any branch of the Reserve Bank of India or of any nationalised bank.

(3) The packages referred to in sub-rules (1) and (2) shall be stored systematically casewise, serialwisc, yearwise and with proper identification marks to facilitate re-check and inspection.

RULE 9 MANAGEMENT OF LAND AND BUILDING

-The Administrator may authorise anv officer referred to in-of the Act to take possession of vacant land or building in respect of which-

(i) an order of seizure of freezing of such land or building has been made under sub-section (1) of section 68-F-of the Act ; or

(ii) an order for forfeiture of such land or building has been made under sub-section (1) of section 80-I-of the Ace.

RULE 10 OCCUPATION OF LAND OR BUILDING

(1) Where any property in the nature of land or building is in possession of a lessee or a tenant and against such property an order under sub-section (1) ofSection 68-F-of the Act has been made, the Administrator may allow the lease or tenant to continue in occupation of such land or building in accordance with such terms and conditions which existed on the date of passing an order under sub-section (1) ofSection 68-F-of the Act.

(2) The income derived from such properly shall be kept with the Administrator until such time the competent authority declares the property forfeited under sub-section (3) ofSection 68-I-.

(3) Where any property is declared not liable to be forfeited under the Act, the Administrator shall, within reasonable time, return to the person such [iroperty and the income derived therefrom after deducting such expenses if any, winch were incurred on the maintenance and management of the property.

RULE 11 RECORD OF LAND OR BUILDING

The Administrator shall maintain a record of land or building in Form III.

RULE 12 STORAGE OF PROPERTY OTHER THAN VALUABLES

(1) Movable property other than valuables shall be stored in almirahs and racks.

(2) Each almirah and rack shall have a stock-card indicating the case number and full description of the property.

RULE 13 PLACEMENT OF STOCK-CARDS

-The godown-in-charge shall ensure that the racks or almirahs or any other thing used for storage of property, display stock-cards indicating the case number and full description of the property stored.

RULE 14 OPENING AND RE-SCALING OF THE PACHAGE

*.- (1) Where any package is to be opened for any reason, the same shall be opened in the presence of the owner and the concerned godown-in-charge after obtaining the order of the Administrator.

(2) The packages shall be resealed immediately after the purpose, for which such packages were opened, is fulfilled in the presence of the owner and the concerned godown-in-charge.

(3) At the time of resealing,the owner, and the concerned godown-in-charge, shall affix their seals.

RULE 15 MAINTENANCE OF SEIZED/CONFISCATCD CONVEYANCES

-Convey- ances, such as aircrafts, vessels, motor vehicles and any other mode of conveyance shall he properly maintained by the godown-in-charge.

RULE 16 DISPOSAL OF LIVESTOCKS, PERISHABLES, ETC

-Subject to the iale proceeds being credited to the Fund underSection 7-A-of the Act, the Administrator shall dispose of the livestock and pioperty which is perishable in nature or prone to decay in the manner as he deems fit.

RULE 17 DISPOSAL OF VALUABLES

-Subject to the sale proceeds being credited to the Fund underSection 7-A-of the Act, the Admin'.strator shall dispose of the valuables mentioned below in the following manners, namely:-

(1) Gold, Gold Jewellery, Silver and Silver Jewellery: The valuables, namely, gold, gold jewellery, silver and silver jewellery shall be deposited in theGovernment of India Mints which shall credit the value of such property to the Central Government.

(2) Diamonds: Rough and uncut diamonds shall be sold either by auction or tender to import licence holders against debit of their licences. Cut and polished diamonds shall be sold by auction or tender with the ipecific condition that such diamonds sliall be exported.

(3) Precious and semi-precious stones other than diamonds : (i) Rough and uncut precious and semi-precious stones other lhan diamonds shall be sold by auction or tender to holders of import licencesi against debit of heir licencees, in the internal market.

(4) Gin and polished pi-i.-cioiis and seini-prccioli.s stones, otiii.-r tlian diainsndii, sliall be sold internally, by auction or by tender.

RULE 18 DISPOSAL OF CURRENCY

(1) Indian and Foreign currency shall be deposited with the Reserve Bank of India or any nationalised Bank.

(2) The amount so deposited shall be credited to the Fund constituted under this Act.

RULE 19 DISPOSAL OF THE PROPERTY

-Property other than those mentioned inRule 16-Rule 17-18-shall be disposed of by public auction.

RULE 20 DISPOSAL OF LAND OR BUILDING

--Subject to the relevant provisions of any law relating to the acquisition or disposal of immovable property and also subject to the sale proceeds being credited to the Fund underSection 7-A-of the Act, land or building shall be disposed of by tender or by public auction.

RULE 21 DISPOSAL OF CONVEYANCES

-Conveyances, such as aircrafts, vessels, vehicles and other mode conveyance shall be sold by public auction of or by tender.

RULE 22 FURNISBING REPORTS AND RETURNS

-The Administrator shall furnish a quarterly statement to ihe Narcotics Control Bureau indicating th" value of the property received and disposed of and the closing balance of all properties kept in the godowns and banks.

RULE 23 PERIODICAL REPORTS

-The godown-in-charge shall submit, every month, a report to the Administrator of the property received or disposed of during that period.

RULE 24 PERIODICAL INSPECTION

--The Administrator willi a view lo ensuring safety, aecurity) proper accounting and management of all properties in the godowns, conduct physical inspection and verification with the help of such officers as he thinks fit.

RULE 25 RECORD OF RECEIPT AND DISPOSAL

-The Administrator shall maintain a record of receipt and disposal of all properties received and disposed of under these rules. He shall also maintain an account of all income received and expenditure incurred on receipt, management and disposal of such property.

APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (CONDITIONS OF SERVICE OF CHAIRMAN AND MEMBERS) RULES, 1989

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Rules, 1989.

(2) They shall come into force from the date of their publication in the Official Gazette.

RULE 2 DEFINITIONS

-In these rules, unless the context otherwise requires,-

(a) "Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), as amended by theNarcotic Drugs and Psychotropic Substances (Amendment) Act, 1988(2 of 1989),

(b) "Chairman" means the Chairman of the Tribunal,

(c) "Tribunal" means the Appellate Tribunal constituted under subsection (1) ofSec. 68-N-of the Act,

(d) "Judge" includes the Chief Justice, an acting Chief Justice, and Additional Judge and acting Judge,

(e) "Member" means a member of the Tribunal.

RULE 3 REMUNERATION, ALLOWANCES, ETC. OF THE CHAIRMAN

(1) A Judge of the Supreme Court or of High Court appointed as Chairman shall be entitled to a monthly salary at the same rate as is admissible to him as a Judge of the Supreme Court or of a High Court, as the case may be. He shall be entitled to such allowances and other benefits as are admissible to a Judge of the Supreme Court or of a High Court, as the case may be.

(2) Where the Chairman retires from service as Judge of the Supreme Court or of a High Court during the term of office of such Chairman or a retired Judge of the Supreme Court or of a High Court is appointed as such, he shall be paid for the period he serves as Chairman such salary together with his pension and pension equivalent of any other form of retirement benefits shall not exceed that last pay drawn by him before retirement. He shall be entitled to such allowances and other benefits as are admissible to a serving Judge of the Supreme Court or High Court, as the case may be.

(3) A person not being serving Judge or a retired Judge of the Supreme Court or of a High Court appointed as Chairman shall be paid a salary of Rs. 8,000.00 per mensem and shall be entitled to draw such allowances as are admissible to a Government officer of equivalent pay :

Provided that if such a person at the time of his appointment as Chairman is in receipt of a pension in respect of his previous service under the Government or any local body/authority owned or controlled by the Government such salary shall be reduced by the amount of pension and pension equivalent of any other form of retirement benefits.

RULE 4 REMUNERATION, ALLOWANCES, ETC. OF MEMBERS

-A person appointed as Member shall be paid a salary of Rs. 7,600.00 per mensem and shall be entitled to draw such allowances, admissible to a Government officer of equivalent pay :

Provided that if such a person, at the time of his appointment as Member is in receipt of a pension in respect of any previous service under the Government or any local body/authority owned or controlled by Government, such salary shall be reduced by the amount of pension and pension equivalent of any other form of retirement benefits.

RULE 5 RETIREMENT DURING THE TERM OF MEMBER

-Where a Member retired from service under the Government or any local body/authority owned or controlled by the Government during the term of office as such member, his salary for the period he serves as member after such retirement shall be reduced by amount of pension and pension equivalent of any other form of retirement benefits.

RULE 6 TRAVELLING ALLOWANCES

(1) (i) If the Chairman is a serving Judge of the Supreme Court or of a High Court, he shall be entitled to draw travelling allowance at the rates as are admissible to a Judge of the Supreme Court or of a High Court under theSupreme Court Judges (Travelling Allowances) Rules, 1959or as the case

may be, theHigh Court Judges (Travelling Allowances) Rules, 1956, in respect of journeys performed by him in connection with the work of the Tribunal.

(ii) If the Chairman is a retired Judge of the Supreme Court or of a High Court he shall be entitled to draw travelling allowance or daily allowance according to his entitlement at the rate in force at the time of his re-employment in

respect of journeys performed by him in connection with the work of the Tribunal :

Provided that the retired Judge of the Supreme Court or of a High Court shall not be entitled to the benefit of higher daily allowance admissible to a serving Judge of Supreme Court or of the High Court, as the case may be, for

performing functions outside his normal duties in localities away from his headquarters.

(2) The Chairman, not being a Judge or a retired Judge of the Supreme Court or of a High Court or any member, shall be entitled to draw travelling allowance in respect of journey performed by him in connection with the work of the Tribunal at the same rates as are admissible to a Central Government officer of equivalent pay.

RULE 7 LEAVE

(1) Where the Chairman is a serving Judge of the Supreme Court or of a High Court, he shall be entitled to such leave as may be admissible to him under theSupreme Court Judges (Conditions of Service) Act, 1958 (41 of 1958) or as the case may be, theHigh Court Judges (Conditions of Service) Act, 1954(28 of 1954). The serving Judge of the Supreme Court or of a High Court retiring during the tenure of appointment as Chairman, he would be governed by Central Civil Services (Leave) Rules, 1972, with effect from his date of retirement from service.

(2) Where the Chairman is a retired Judge of the Supreme Court or of a High Court, he shall be entitled to such leave as is admissible to an officer of the Government under theCentral Civil Services (Leave) Rules, 1972.

(3) A person appointed as a Member shall be entitled to such leave as is admissible to an officer of the Government under theCentral Civil Services (Leave) Rules, 1972:

Provided that where a person to whom theCentral Civil Services (Leave) Rules, 1972, are not applicable, is appointed as the Chairman or a Member, he shall be eligible for the grant of leave under the rules applicable to him before such appointment.

RULE 8 VACATION

(1) Where the Chairman is a serving Judge, he shall be entitled to vacation in accordance with theSupreme Court Judges (Conditions of Service) Act, 1958(41 of 1958), or as the case may be. theHigh Court Judges (Conditions of Service) Act, 1954(28 of 1954).

(2) The Chairman, who is not a serving Judge of the Supreme Court or of a High Court and a Member shall not be entitled to vacation.

RULE 9 ACCOMMODATION

(1) A serving Judge or a retired Judge of the Supreme Court or of a High Court, who is appointed as Chairman, shall be entitled without payment of rent, to the use of an official residence in accordance with theSupreme Court Judges (Conditions of Service) Act, 1958(41 of 1958), or as the case may be, theHigh Court Judges (Conditions of Service) Act, 1954(28 of 1954): 

Provided that where a retired Judge of the Supreme Court or of a High Court is

not provided residence in accordance with this sub-rule, house-rent allowance

at the rate of 12½% of pay shall be payable to such retired Judge of the Supreme Court or of the High Court.

(2) The Chairman, who is not a serving Judge or a retired Judge of the Supreme Court or of a High Court, and a Member shall be entitled to Government accommodation on payment of prescribed rent as admissible to a Central Government officer of equivalent pay.

RULE 10 MEDICAL ATTENDANCE

(1) (i) A serving Judge of the Supreme Court or of a High Court shall be entitled

to medical attendance in accordance with theSupreme Court Judges

(Conditions of Service) Act, 1958(41 of 1958), or as the case may be, theHigh Court Judges (Conditions of Service) Act, 1954(28 of 1954).

(ii) A retired Judge of the Supreme Court or of a High Court appointed as Chairman shall be entitled to medical facilities as available under the Central Government Health Scheme or where the Central Government Health Scheme

is not available, he shall be entitled to medical facilities as available to Cabinet Ministers.

(2) The Chairman, who is not a serving Judge or a retired Judge of the Supreme Court or of a High Court, and a member of the Tribunal shall be entitled to medical facilities admissible to a Central Government officer of equivalent pay.

RULE 11 TENURE

(1)  (a) Where a serving Judge of the Supreme Court or of a High Court is appointed as Chairman, he shall hold office as Chairman for a period of three years or till he attains the age of sixty-five or sixty-two years, as the case may be. whichever happens earlier : 

Provided that where a retired Judge of the Supreme Court or of a High Court is appointed or re-appointed as Chairman, beyond the age of sixty-five or sixty-two years, as the case may be, he shall hold office as Chairman for such period not exceeding three years, as may be determined by the Central Government at the time of appointment or re-appointment.

(b) Where a person not falling under Cl. (a) is appointed as Chairman, he shall hold office for a period of three years, or till he attains the age of sixty-five years, whichever happens earlier and shall not be eligible for re-appointment.

(c) Notwithstanding anything contained in Cl. (b) where a person appointed as Chairman is due to retire on attaining the age of superannuation under the relevant rules applicable to him within a period of one year after completion of the period of three years referred to in that clause, such person shall continue to hold office as Chairman till the date of his superannuation under the said rules.

(2) A person appointed as Member shall hold office till he attains the age of sixty years.

RULE 11A. CONTRIBUTIONS OF GENERAL PROVIDENT FUND AND CONTRIBUTORY PROVIDENT FUND

(a) The Chairman and Members shall be entitled to make contributions towards General Provident Fund Account under theGeneral Provident Fund (Central Services) Rules, 1960 in the same manner as any other Central Government servant.

(b) Such of the Chairman and Members, as are re-employed after retirement from Government service, shall be entitled to contribute towards the Contributory Provident Fund Account under theContributory Provident Fund Rules (India), 1962, subject to such conditions as are applicable to re-employed Central Government servants.

RULE 12 OATH OF OFFICE

-Every person, appointed as the Chairman or as a Member, not already in Government Service shall, before entering upon office, make and subscribe to an oath of office before an officer of the Central Government not below the rank of Additional Secretary in the form appended to these rules.

RULE 13 TERMS AND CONDITIONS OF SERVICE OF CHAIRMAN AND MEMBERS WHO ARE CHAIRMAN AND MEMBERS OF THE APPELLATE TRIBUNAL FOR FORFEITED PROPERTY CONSTITUTED UNDER SAFEMFOPA

-The Chairman or a Member of the Tribunal shall not be entitled for any salary, remuneration, allowance or any other benefits to which the Chairman or Member is entitled under these rules, if the Chairman or Member is a sitting Chairman or Member, as the case may be of the Appellate Tribunal for Forfeited Property constituted under theSmugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976(13 of 1976) (hereinafter referred to as SAFEMFOPA) and the terms of office of such Chairman or Member shall be coterminus with the terms of office of the Chairman or Member, as the case may be, of the Appellate Tribunal for Forfeited Property constituted under SAFEMFOPA.

RULE 14 SAVING

-In respect of any matter not covered by these rules, the Chairman and a Member shall be governed by such rules or Orders, as may be applicable to a Central Government officer of equivalent pay.

RULE 15 INTERPRETATION

-If any question arises relating to the interpretation of these rules, the matter shall be referred to the Central Government, who shall decide the same.

APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (FEES) RULES, 1989

S.O. 387 (E), dated 29th May, 1989.- In exercise of the powers conferred by Sec. 76 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby makes the following rules, namely :

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called theAppellate Tribunal for Forfeited Property (Fees) Rules, 1989.

(2) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 SCALE OF FEES FOR INSPECTION OF RECORDS AND REGISTERS OF THE APPELLATE TRIBUNAL

(1) The fees which shall be paid for the inspection of the records and registers of the Appellate Tribunal shall be the following, namely :- 

(a) for the first hour of inspection or part thereof: 1 Ruppes

(b) for every additional hour of inspection or part thereof: 50 Paise

(2) Fees for the said inspection shall be paid in cash.

RULE 3 SCALE OF FEES FOR OBTAINING CERTIFIED COPIES OF RECORDS AND REGISTERS OF THE APPELLATE TRIBUNAL

(1) Copying fees for supply of copies shall be rupees two per page or part thereof.

(2) Copying fees for supply of photostat copies shall, however, be the actual expenses incurred by the Appellate Tribunal for such copies.

(3) A fee of two rupees shall be levied for authenticating a copy to be a true copy.

(4) Copying fees shall be recovered in advance in cash.

(5) Where a party applies for immediate delivery of a copy of evidence taken down by a Stenographer, the fee chargeable shall be 2½ times of those specified by sub-rule (1), in such case, fifty per cent. of the fees specified by sub-rule (1) shall be paid to the Stenographer.

(6) When a copy is sent by post, the applicant shall also be charged with the actual postal charges which shall be recovered in advance in cash.

RULE 4 SAVING

-Nothing in these rules shall enable any person to inspect or or to obtain a copy of any register or document to which he is not otherwise entitled by or under any law or order of the Appellate Tribunal.

APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (PROCEDURE) RULES, 1989

G.S.R. 70 (E), dated 22nd January, 1990.-In exercise of the powers conferred by sub-section (5) of Sec. 68-O of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Appellate Tribunal for Forfeited Property hereby makes the following rules, namely:

RULE 1 SHORT TITLE AND COMMENCEMENT

(1) These rules may be called the Appellate Tribunal for Forfeited Property (Procedure) Rules, 1989.

(2) They shall come into force at once.

RULE 2 DEFINITIONS

-In these rules, unless the context otherwise requires,-

(a) "Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);

(b) "appeal" means an appeal filed under sub-section (1) ofSec.68O-;

(c) "appellant" means a person who, being aggrieved by an order made by the competent authority, prefers an appeal to the Tribunal and includes the authorised representative of the appellant;

(d) "authorised representative" means- 

(i) in relation to an appellant,- 

(A) any person being a relative of the appellant and authorised in writing by the appellant to attend before the Tribunal ; or

(B) a legal practitioner entitled to practise in any Civil Court in India, who is authorised in writing by the appellant to attend before the Tribunal; or

(C) an accountant, being a member of the Institute of Chartered Accountants of India constituted underSec. 3 of the Chartered Accountants Act, 1949(38 of 1949) or the Institute of Cost and Works Accountants of India constituted underSec.3 of the Cost

and Works Accountant Act, 1959(23 of 1959), who is authorised in writing by the appellant to attend before the Tribunal; or

(ii) in relation to a competent authority who is a party to, any proceedings before the Tribunal,- 

(A) A Law Officer of the Central Government;

(B) A Government Pleader or Standing Counsel to the Central Government by whatever name called;

(C) any officer of the Central Government notified in this behalf by the Central Government by notification in the Official Gazette ;

(D) any legal practitioner or officer of the Central Government authorised in this behalf by the Central Government or the competent authority;

(E) any other legal practitioner or officer of the Central Government acting on behalf of the person so notified or authorised;

(e) "Bench" means a Bench of the Tribunal constituted under sub-section (3) or subsection (4) ofSec.68O-;

(f) "Chairman" means the Chairman of the Tribunal:

(g) "competent authority" means a competent authority as defined in sub-section (1) ofSec.68D-;

(h) "legal representative" means a person who in law represents the estate of a deceased person, and includes any person treated by the Tribunal as representing the deceased person in the proceedings pending before the Tribunal;

(i) "member" means a member of the Tribunal and includes the Chairman;

(j) "party" in relation to an appeal means an appellant or the respondent, and the expression "parties" shall be construed to mean the appellant and the respondent;

(k) "Registrar" means the Registrar of the Tribunal and includes such other officer who is authorised by the Chairman to perform the functions of the registrar;

(l) "section" means a section of the Act;

(m) "Tribunal" means the Appellate Tribunal for Forfeited Property, constituted by the Central Government under sub-section (1) ofSec.68N-.

RULE 3 LANGUAGE OF THE TRIBUNAL

(1) The pleadings before the Tribunal may, at the option of the respective parties, be in English or in Hindi.

(2) All orders and other proceedings of the Tribunal may, at the option of the Tribunal, be in English or in Hindi.

RULE 4 HEADQUARTERS OF THE TRIBUNAL, ETC

(1) The Headquarters of the Tribunal shall be at New Delhi.

(2) Appeals and petitions may be heard at the Headquarters or at the discretion of the Chairman, at Bombay, Madras, Calcutta, Allahabad or any other place.

(3) The office of the Tribunal shall observe such public and other holidays as are observed by the offices of the Central Government.

RULE 5 PROCEDURE FOR FILLING APPEALS AND PETITIONS

(1) Any person aggrieved by an order of the competent authority made under Sec. 68-F, Sec. 68-I, sub-section (1) of Sec. 68-K or Sec. 68-L may prefer an appeal to the Tribunal; and every memorandum of appeal shall be in the form annexed to these rules.

(2) A memorandum of appeal shall be in English or in Hindi and shall set forth concisely and under distinct heads the grounds of appeal without any argument or narrative and such grounds shall be numbered consecutively.

(3) Every memorandum of appeal or petition shall be in quadruplicate; and in the case of a memorandum of appeal it shall be accompanied by four copies of the order appealed against, one of which shall be either a certified copy of such order or the order served on the appellant.

(4) The address given at serial number 5 of the form appended to these rules as referred to in sub-rule (1) shall be called the "registered address" of the appellant and shall until duly changed by an application to the Tribunal be deemed to be the address of the appellant for the purpose of the service of all notices, processes and other communications in the appeal and other connected proceedings till the final determination of the appeal and a period of three months thereafter.

(5) In every appeal, the competent authority which passed the order appealed against, shall be impleaded as one of the respondents.

(6) A memorandum of appeal shall be presented by the appellant in person, or when there are more appellants than one by any of them, or by his authorised representative, to the Registrar or such other officer as may be authorised in this behalf by the Chairman, or may be sent by registered post addressed to the Registrar.

Explanation.-In this sub-rule, the expression "authorised representative" shall include any person in the employment or a legal practitioner or an accountant who is authorised to appear on behalf of the appellant.

(7) When a memorandum of appeal is sent by registered post, the date of receipt of the said memorandum at the office of the Tribunal shall be the date of filing of the appeal and the Registrar shall, on every memorandum of appeal, endorse the date on which it is presented or received at the office of the Tribunal and shall sign the endorsement.

(8) When an appeal is presented after the expiry of forty-five days of the receipt of the order served upon the appellant but not after sixty days, it shall be accompanied by an application, supported by an affidavit, setting forth the facts on which the appellant relies to satisfy the Tribunal that he had sufficient cause for not preferring the appeal within forty-five days.

(9) Every petition presented to the Tribunal, including a petition for stay, other than petitions of a formal or routine character, shall be accompanied by an affidavit as also four copies of such documents as are relied upon in support of the petition.

RULE 6 PROCEDURE FOR REGISTRATION OF APPEALS

(1) Every memorandum of appeal filed within forty-five days of service of the order of the competent authority, being in the form annexed to these rules and otherwise in order, shall be registered in a book kept for the purpose called the Register of Appeals and the Registrar shall intimate the appellant or his authorised representative accordingly.

(2) If a memorandum of appeal filed under sub-rule (1) is defective, but the defects are minor or technical in character, the Registrar may register the appeal provisionally and call upon the appellant to remove the defects within such time as may be specified and upon the defects being removed within such specified time, the registration shall cease to be provisional and the appeal shall be deemed to have been regularly registered under sub-rule (1).

(3) When a memorandum of appeal is presented after the expiry of forty-five days but within a period of sixty days, after the date of service of the order of the competent authority, and is otherwise in order, and is accompanied by a petition for condonation of delay, it shall be numbered and registered provisionally subject to the delay being condoned by the Tribunal. Notice of the application for condonation of delay may be given to the respondent, and after hearing the parties, the Tribunal may condone the delay on being satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. The registration of the appeal shall then cease to be provisional and the appeal dealt with as though it has been registered under sub-rule (1).

(4) When the memorandum of appeal is presented after the expiry of forty-five days but within a period of sixty days after the date of service of the order of the competent authority, and is not accompanied by a petition for condonation of delay, the Registrar may register the appeal provisionally and call upon the appellant to file a petition for condonation of delay within such time as may be specified and in the event of such a petition being received, it shall be treated as having been received along with the memorandum of appeal and the appeal dealt within in the manner prescribed in sub-rule (3). (5)When the defects are not removed or a petition for condonation of delay is not filed within the time specified in that behalf, the matter shall be placed before the Tribunal for its orders.

(6) Where a memorandum of appeal is defective in material particulars, the Registrar may return the memorandum of appeal specifying the defects to the appellant, or may Intimate in writing those defects. On receipt of the memorandum of appeal from the Registrar the appellant may within thirty days of its receipt re-submit the memorandum of appeal with defects duly removed or in case of the memorandum of appeal having not been returned to him and defects only having been intimated may appear himself or through counsel before the Registrar and remove those defects within thirty days. The memorandum of appeal submitted thereafter if found in order may be registered.

(7) When a memorandum of appeal on the face of it appears to have been filed more than sixty days after the date of service of the order of the competent authority on the appellant, the appeal shall not be registered but the appellant shall be called upon by the Registrar to show cause why the appeal should not be dismissed as being out of time.

(8) Every petition for condonation of delay and every memorandum of appeal filed out of time shall be placed before the Chairman who may direct the petition/appeal to be posted before the Tribunal for its orders.

RULE 7 PROCEDURE AFTER REGISTRATION OF APPEAL

(1) After an appeal is registered, one copy of the memorandum of appeal and annexures thereto shall be served, as soon as possible, on the competent authority either by registered post acknowledgment due, or through a messenger and the parties shall be called upon to file their paper-books within a period of thirty days from the date of receipt of the notice or such further time as may be allowed.

(2) Each party shall file four copies of his paper-book which shall- 

(i) be legibly typed or otherwise reproduced by mechanical means;

(ii) contain all documents upon which the party proposes to rely during the course of hearing;

(iii) contain only such documents and material as have been referred, produced or relied upon, before the competent authority;

(iv) have pages numbered serially; and

(v) contain a full index or table of contents.

(3) If the paper-book referred to in sub-rule (2) contains any document in a language other than English or Hindi a true translation thereof in English or Hindi shall be added.

(4) The parties shall be informed of the date and place of hearing of the appeal either by registered post acknowledgment due or by notice served on them through messenger : 

Provided that where the parties or their authorised representatives are present

before the Tribunal, it may inform them orally of the date and place of hearing of the appeal.

(5) Any petition for summoning witnesses or documents filed by a party may be heard, if necessary, after giving notice to the other party.

(6) Every requisition, direction, letter authorisation or written notice to be issued by the Tribunal shall be sighed by the Registrar and shall be sent by registered post acknowledgment due or through a messenger.

RULE 8 JOINT HEARING AND DISPOSAL OF APPEALS

-The Tribunal may, whenever it considers necessary or expedient to do so, hear one or more appeals together and dispose of them by a common order.

RULE 9 GROUNDS WHICH MAY BE TAKEN IN APPEAL

-The appellant shall not except with the leave of the Tribunal urge or be heard in support of, any ground not set forth in the memorandum of appeal but the Tribunal, in deciding the appeal shall not be confined to the grounds set forth in the memorandum of appeal or taken with the leave of the Tribunal under this rule :

Provided that the Tribunal shall not rest its decision on any ground other than the grounds set forth in the memorandum of appeal unless the party which may be affected thereby has had a reasonable opportunity of being heard on that ground.

RULE 10 ADJOURNMENT

-The Tribunal may adjourn the hearing of any case to any other date and inform the parties or their authorised representatives appearing on their behalf of the next date and place of hearing of the case.

RULE 11 DISMISSAL OF APPEAL FOR APPELLANT'S DEFAULT

-Where on the day fixed for hearing or on any other day to which the hearing may be adjourned, the appellant or his authorised representative does not appear when the appeal is called on for hearing, the Tribunal may either dismiss the appeal for default or proceed ex parte : Provided that where the appeal has been dismissed for default or proceeded with ex parte and the appellant appears thereafter and satisfies the Tribunal that there was sufficient cause for his non-appearance when the appeal was called on for hearing, the Tribunal shall, after giving notice to the respondent, make an order setting aside the dismissal order or the ex parte proceedings and restoring the appeal to its original number.

RULE 12 EFFECT OF DEATH, INSOLVENCY, ETC. ON APPEAL

(1) An appeal shall not abate by reason only of the death of an appellant or on his adjudication as an insolvent.

(2) The Tribunal may on an application made in this behalf by a legal representative of a deceased appellant make him a party and proceed with the appeal.

(3) When no application is made within ninety days of the death of an appellant or within such further time as the Tribunal may allow for bringing his legal representative on record, the appeal shall abate.

(4) On the insolvency of an appellant, the appeal may be continued by the assignee or the receiver for the benefit of creditors and if the assignee or the receiver fails to continue the appeal, the Tribunal may on its own motion or on an application by the respondent, dismiss the appeal.

RULE 13 REMAND OF CASE BY THE TRIBUNAL

(1) The Tribunal may, whenever it considers it necessary, set aside an order of the competent authority and remand the case to the competent authority for fresh determination in the light of such directions as it may give.

(2) The Tribunal may if it considers necessary at any stage of the proceedings call for a report or finding from the competent authority on such matters as it may specify.

(3) A copy of any such report or finding referred to under sub-rule (2) shall be furnished to the parties and they shall be heard thereon before the Tribunal pronounces final orders.

RULE 14 PRODUCTION OF ADDITIONAL EVIDENCE BEFORE THE TRIBUNAL

(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, before the Tribunal, where- 

(a) the competent authority from whose order the appeal is preferred has refused to admit evidence which ought to have been admitted, or

(b) the party seeking to produce additional evidence, establishes that

notwithstanding the exercise of due diligence, such evidence was not within

his knowledge or could not, after the exercise of due diligence, be produced by him at the time when the order appealed against was passed, or

(c) the Tribunal requires any document to be produced or any witnesses to be

examined to enable it to pronounce orders, or for any other substantial cause, or

(d) the Tribunal is satisfied that the competent authority has decided the case

without giving a reasonable opportunity to the appellant to adduce evidence on

any point, it may allow such evidence or document to be produced, or witness to be examined.

(2) Wherever additional evidence is allowed to be produced by the Tribunal, it shall record the reason for its admission.

RULE 15 HEARING OF APPEALS

-The place in which the Tribunal sits for the purpose of hearing appeals shall be deemed to be an open Court, to which the public generally may have access so far as the same can conveniently contain them: Provided that the Tribunal may, if it thinks fit, order at any stage of the hearing of an appeal, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Tribunal.

RULE 16 PRONOUNCEMENT OF ORDER

-After the hearing is over, the Tribunal may pronounce its order forthwith, or it may reserve its order and if the orders are reserved, the Tribunal may at any time before final orders are pronounced either on its own motion or on the application of a party order that the appeal or petition be reheard.

RULE 17 ORDER TO BE COMMUNICATED TO PARTIES

-Every order of the Tribunal shall be in writing and a copy of every final order of the Tribunal certified as a true copy by the Registrar shall be supplied free of cost to the parties as early as possible.

RULE 18 SIGNING OF ORDERS

(1) Where the decision of the Tribunal is unanimous, a common order shall be signed by all the Members of the Tribunal.

(2) A Member who does not concur with the decision of the majority may deliver a dissenting order.

(3) Where there is a difference of opinion, the decision shall be in accordance with the decision of the majority of Members of the Tribunal.

(4) The decision of the majority shall be reduced to writing and signed by all the Members including the dissenting Member.

RULE 19 PUBLICATION OF ORDERS

-Such of the orders of the Tribunal as are deemed fit for publication in any authoritative report or the press may be released for such publication on such terms and conditions as the Tribunal may lay down.

RULE 20 ORDERS AND DIRECTIONS IN CERTAIN CASES

-Notwithstanding anything contained in these rules, the Tribunal may make such orders or give such direction as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice.

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AUTHENTICATION OF DOCUMENTS) RULES, 1992

In exercise of the powers conferred under clause (rr) of

Section 66and Section 76 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby makes the following rules, namely:-

RULE 1 SHORT TITLE AND COMMENCEMENT

(i) These rules may be called the Narcotic Drugs and Psychotropic Substances (Authentication of Documents) Rules, 1992.

(ii) They shall come into force on the date of their publication in the Official Gazette.

RULE 2 AUTHORITY FOR AUTHENTICATION AND THE MANNER OF AUTHENTICA- TION OF DOCUMENTS

-Any document, received from any place outside India in the course of investigation of any offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), purporting to have affixed, impressed or subscribed thereon or thereto the seal and signature of any person who is authorised bySection 3 of the Diplomatic and Consular Officers (Oath and Fees) Act, 1948 (41 of 1948)-, to do any nolorial act, shall be deemed to be duly authenticated for the purposes of clause (r) ofSection 66-of the First Mentioned Act.

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (REGULATION OF CONTROLLED SUBSTANCE) ORDER, 1993

The Central Government being of the opinion that having regard to the use of the controlled substance in the production or manufacture of the narcotic drug or psychotropic substance, it is necessary and expedient so to do in the public interest, in exercise of powers conferred by

Section 9-Aof the Narcotic Druga and Psychotropic Sub_tancc_ Act, 1985 (61 of 1985) hereby makes the following Order :-

ORDER 1 SHORT TITLE AND COMMENCEMENT

(1) This Order may be called the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substance) Order, 1993.

(2) It shall come into force on the 15th day of April, 1993.

ORDER 2 DEFINITIONS

(1) In this Order unless the context otherwise requires,- 

(a) "Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) (b) "Form" means a form appended with this Order;

(c) "Controlled Substances" means any substance declared by the Central Government under clause (vii-o) of Section 2 of the Act;

(2) Words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them.

ORDER 3 MANUFACTURE) DISTRIBUTION, SALE, IMPORTS, EXPORTS AND CON- SUMPTION OF CONTROLLED SUBSTANCE

(1) Every person who manufactures or distributes or sells or imports or exports or consumes any controlled substance shall maintain daily accounts of his activities in Form I or Form 2, as the case may be. The records of his activity shall be preserved for a period of two years from the date of last entry in the register.

(2) He shall report to the Director General, Narcotics Control Bureau, Wing No. 5, West Block-1, R.K.Puram, New Delhi-110066 immediately regarding any loss or disappearance of the controlled substance under his control.

ORDER 4 TRANSPORT OF CONTROLLED SUBSTANCE

(1) A consignment of controlled substance shall be moved from one place to another place only when it is accompanied by a Consignment Note in Form 3.

(2) The Consignment Note shall be prepared in triplicate. The original and duplicate copies of the Consignment Note shall be sent along with the consignment to the consignee, who shall return the duplicate copy to the consignor for retention after endorsing on the original and duplicate copies the particulars of quantity received by him.

(3) The consignor shall make necessary entries on the triplicate copy of the Consignment Note with reference to the receipt of the controlled substance indicated on the duplicate copy of the Consignment Note.

(4) In the case of any consignment of the controlled substance which is imported into India, such consignment from the port of entry to any warehouse or factory or business establishment or premise of the importer or consumer, as the case may be, shall be accompanied by a Bill of Entry.

(5) The Consignment Note or the Bill of Entry, as the case may be, shall be preserved for a period of two years by the consignor and the consignee or importer, as the case may be.

(6) No transporter shall carry a consignment of controlled substance without a Consignment Note or Bill of Entry.

(7) The transporter shall produce the Consignment Note or Bill of Entry, as the case may be, when required by an officer (being an officer superior in rank to a peon, sepoy or constable) of the department of central excise, narcotics, customs, revenue, intelligence or any other department of the Central Government or of the Border Security Force as is empowered in this behalf by general or special order by the Central Government, or any officer (being an officer superior to in rank to a peon, sepoy or constable) of the revenue, drug control, excise, police or any other department of a State Government including Union Territory Administration as is empowered in this behalf by general or special order of the State Government including Union Territory Administration authorised under this clause.

ORDER 5 BULK SELLING OF CONTROLLED SUBSTANCE

-Every person who sells a controlled substance to a buyer in a transaction of one hundred kilograms and above shall sell so only after the buyer establishes his identity by production of a documents like industrial licence or any registration certificate under any law or any other similar documents which establishes his identity and upon a declaration being made of the purpose for which the controlled substance is being purchased.

ORDER 6 LABELLING OF CONSIGNMENTS FOR EXPORT OR IMPORT

-Every container or vessel containing a controlled substance in a consignment for export or in a consignment which is imported shall be. labelled prominently giving details of the name and quantity of the controlled substance, name and address of the exporter and importer and the consignee if any. The documents relating to the import or export of the controlled substance such as invoice, cargo manifests, customs, transport and shipping documents shall contain the details such as name of the controlled substance, quantity and the name and address of the consignee, exporter and the importer and the documents shall be preserved for a period of two years.

ORDER 7 FILING OF RETURNS

(1) Every person mentioned in Clause 3 of this Order shall send a quarterly return by registered post in Form 4 or Form 5, as the Case may be, to the concerned Deputy Director, Narcolics Control Bureau, whose address is given in the Form The quarters for this purpose shall he January to March, April to June, July to September and October to December. The return shall be dispatched before the last day of the month following the quarter.

(2) Schools, Colleges, Universities, Government or autonomous institutions, Registered Scientific Societies and Hospitals using the controlled substance for educational, scientific and analytical purposes are only exempted from maintaining records as prescribed under Clause 3 and sending returns as prescribed under this clause. But they shall comply with other provisions of this Order.

(3) The persons who are to send quarterly returns under this clause shall intimate 'n Form 4 or Form 5, as the case may be, to the concerned Deputy Director, Narcotics Control Bureau, whose address is given in the Form up to the 15th day of May, 1993 regarding the opening balance of stock of the controlled substance possessed by him as on the 15th day of April, 1993. The first regular return shall be sent for the period from 15th April, 1993 to 30th June, 1993.