The Narcotic Drugs and Psychotropic Substances Act, 1985

The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is an important piece of legislation in India that regulates and controls the production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption, use, and import of narcotic drugs and psychotropic substances. It was enacted to curb the illicit trafficking and abuse of narcotics and psychotropic substances and to provide stringent punishments for offences related to them.

Act Id	198561
Act Number	61
Enactment Date	1985-09-16
Act Year	1985
Ministry	Ministry of Finance
Enforcement Date	14-11-1985

Section 32A: No suspension, remission or commutation in any sentence awarded under this Act

Section 32B: Factors to be taken into account for imposing higher than the minimum punishment

Section 33: Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958

Section 34: Security for abstaining from commission of offence

Section 35: Presumption of culpable mental state

Section 36: Constitution of Special Court

Section 36A: Offences triable by Special Courts

Section 36B: Appeal and revision

Section 36C: Application of Code to proceedings before a Special Court

Section 36D: Transitional provisions

Section 37: Offences to be cognizable and non-bailable

Section 38: Offences by companies

Section 39: Power of court to release certain offenders on probation

Section 40: Power of court to publish names, place of business, etc., of certain offenders

Chapter: Procedure

Section 41: Power to issue warrant and authorisation

Section 42: Power of entry, search, seizure and arrest without warrant or authorisation

Section 43: Power of seizure and arrest in public place

Section 44: Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant

Section 45: Procedure where seizure of goods liable to confiscation not practicable

Section 46: Duty of land holder to give information of illegal cultivation

Section 47: Duty of certain officers to give information of illegal cultivation

Section 48: Power of attachment of crop illegally cultivated

Section 49: Power to stop and search conveyance

Section 50: Conditions under which search of persons shall be conducted

Section 50A: Power to undertake controlled delivery

Section 51: Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures

Section 52: Disposal of persons arrested and articles seized

Section 52A: Disposal of seized narcotic drugs and psychotropic substances

Section 53: Power to invest officers of certain departments with powers of an officer-in-charge of a police station

Section 53A: Relevancy of statements under certain circumstances

Section 54: Presumption from possession of illicit articles

Section 55: Police to take charge of articles seized and delivered

Section 56: Obligation of officers to assist each other

Section 57: Report of arrest and seizure

Section 57A: Report of seizure of property of the person arrested by the notified officer

Section 58: Punishment for vexatious entry, search, seizure or arrest

Section 59: Failure of officer in duty or his connivance at the contravention of the provisions of this Act

Section 60: Liability of illicit drugs, substances, plants, articles and conveyances to confiscation

Section 61: Confiscation of goods used for concealing illicit drugs or substances

Section 62: Confiscation of sale proceeds of illicit drugs or substances

Section 63: Procedure in making confiscations

Section 64: Power to tender immunity from prosecution

Section 64A: Immunity from prosecution to addicts volunteering for treatment

Section 65: [Omitted]

Section 66: Presumption as to documents in certain cases

Section 67: Power to call for information, etc.

Section 68: Information as to commission of offences

Chapter: Forfeiture of Illegally Acquired Property

Section 68A: Application

Section 68B: Definitions

Section 68C: Prohibition of holding illegally acquired property

Section 68D: Competent authority

Section 68E: Identifying illegally acquired property

Section 68F: Seizure or freezing of illegally acquired property

Section 68G: Management of properties seized or forfeited under this Chapter

Section 68H: Notice of forfeiture of property

Section 68-I: Forfeiture of property in certain case

Section 68J: Burden of proof

Section 68K: Fine in lieu of forfeiture

Section 68L: Procedure in relation to certain trust properties

Section 68M: Certain transfers to be null and void

Section 68N: Constitution of Appellate Tribunal

Section 68-O: Appeal

Section 68P: Notice or order not to be invalid for error in description

Section 68Q: Bar of jurisdiction

Section 68R: Competent authority and Appellate Tribunal to have powers of civil court

Section 68S: Information to competent authority

Section 68T: Certain officers to assist Administrator, competent authority and Appellate Tribunal

Section 68U: Power to take possession

Section 68V: Rectification of mistakes

Section 68W: Findings under other laws not conclusive for proceedings under this Chapter

Section 68X: Service of notices and orders

Section 68Y: Punishment for acquiring property in relation to which proceedings have been taken, under this Chapter

Section 68Z: Release of property in certain cases

Chapter: Miscellaneous

Section 69: Protection of action taken in good faith

Section 70: Central Government and State Government to have regard to international conventions while making rules

Section 71: Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances

Section 72: Recovery of sums due to Government

Section 73: Bar of jurisdiction

Section 74: Transitional provisions

Section 74A: Power of Central Government to give directions

Section 75: Power to delegate

Section 76: Power of Central Government to make rules

Section 77: Rules and notifications to be laid before Parliament

Section 78: Power of State Government to make rules

Section 79: Application of the Customs Act, 1962

Section 80: Application of the Drugs and Cosmetics Act, 1940 not barred

Section 81: Saving of State and special laws

Section 82: Repeal and savings

Section 83: Power to remove difficulties

Here’s an in-depth look at the key features of the NDPS Act:

1. Objectives and Scope:

The NDPS Act aims to address the growing concern of drug abuse and illicit trafficking of narcotics and psychotropic substances in India. It serves multiple purposes:

Control and regulation of the production, manufacture, distribution, and consumption of narcotic drugs and psychotropic substances.
Prevention of illicit drug trafficking and substance abuse.
Punishment for illegal acts such as cultivation, production, and distribution of narcotic drugs and psychotropic substances.
Treatment and rehabilitation of drug addicts through designated centers.

2. Key Definitions (Section 2):

Narcotic Drugs: Includes opium, coca, cannabis, poppy, and other substances defined as narcotics under the Act.
Psychotropic Substances: Refers to any substance, natural or synthetic, which may produce a similar effect as narcotic drugs but is chemically different.
Illicit Traffic: The illegal trafficking of narcotic drugs or psychotropic substances, involving the act of exporting, importing, or transshipping such substances.

3. Authorities and Officers (Sections 4–7):

The Act grants the Central Government the authority to establish various mechanisms to combat drug abuse and trafficking. This includes:

Narcotic Drugs and Psychotropic Substances Consultative Committee (Section 6): A body formed to advise the government on policy matters relating to narcotics control.
Officers of the Central and State Government (Sections 5 and 7): Authorities empowered to enforce provisions of the Act.

4. Prohibition, Control, and Regulation (Sections 8–14):

The Act imposes a complete prohibition on the operations related to narcotic drugs and psychotropic substances. This includes:

Prohibition of cultivation, production, manufacture, and consumption of narcotic drugs (Section 8).
Regulation of controlled substances (Sections 9 and 9A): The Central Government has the authority to regulate and control the manufacture and trade of narcotics and psychotropic substances, including the issuance of licenses.
Prohibition on external dealings (Section 12): Restrictions on importing and exporting narcotic drugs.
Special provisions (Sections 13 and 14): Specific rules apply to plants like coca and cannabis, which are often used in drug production.

5. Offences and Penalties (Sections 15–39):

The NDPS Act provides detailed provisions for punishing various offences related to narcotics. Some key penalties include:

Punishment for cultivation of narcotic plants such as opium poppy, cannabis, and coca (Sections 15-20).
Punishment for trafficking in narcotics and psychotropic substances (Sections 21-25).
Punishment for consumption of narcotic drugs or psychotropic substances (Section 27).
Financing of illicit trafficking is also a criminal offence (Section 27A), carrying severe penalties.
Death penalty for certain serious offences, such as trafficking in large quantities of narcotic substances after previous convictions (Sections 31 and 31A).
Enhanced penalties for repeat offenders and for individuals involved in conspiracy or abetment (Sections 28-29).

6. Procedure and Enforcement (Sections 41–68):

The Act empowers law enforcement officers to take action against offenders, such as:

Search, seizure, and arrest without a warrant in certain circumstances (Sections 42–44).
Controlled delivery procedures (Section 50A), allowing law enforcement to track the illegal movement of substances.
Confiscation of property related to illicit drug trafficking (Sections 60–64), including land and conveyances used in trafficking activities.
Immunity for those who voluntarily seek treatment for drug addiction (Section 64A).

The law also allows the seizure or freezing of illegally acquired property and sets out a process for forfeiture (Sections 68A–68Z).

7. Special Courts and Trials (Sections 36–40):

The Act establishes Special Courts to handle cases under the NDPS Act:

Special Courts have the jurisdiction to try offences related to narcotics (Section 36A).
Cognizability of the offences (Section 37): Offences under the Act are cognizable, meaning that law enforcement can arrest offenders without a warrant.
Offences by companies (Section 38): Companies can be held responsible for offences committed under the Act.
Probation for offenders (Sections 39–40): The courts can release offenders on probation under certain conditions, depending on the gravity of the offence.

8. Forfeiture of Illegally Acquired Property (Sections 68A–68Z):

This part of the Act addresses the forfeiture of property involved in illicit trafficking. If a person is convicted for drug-related offences, the property linked to the crime, such as vehicles, land, or money, can be confiscated.

Competent authority to identify and seize illegally acquired property (Sections 68D–68F).
Appellate Tribunal for appeals related to the forfeiture of properties (Section 68N–68P).

9. Miscellaneous Provisions (Sections 69–83):

The miscellaneous provisions address the procedural and organizational aspects of the Act:

Protection of action taken in good faith (Section 69): Law enforcement officers and authorities are protected from legal action if they act in good faith while implementing the provisions of the Act.
International cooperation (Section 70): The government is required to consider international conventions while formulating policies related to narcotics control.
Treatment and rehabilitation (Section 71): The government is empowered to set up centers for the treatment of drug addicts.
Delegation of powers (Section 75): The Central Government can delegate its powers to authorities or organizations to implement the Act.

10. International Treaties and Conventions:

India’s drug control policies under the NDPS Act align with international conventions, such as the 1961 Single Convention on Narcotic Drugs and the 1971 Convention on Psychotropic Substances, both of which India has signed. The Act mandates that the government, in framing rules, takes into account these international obligations.

Conclusion:

The NDPS Act is a comprehensive legislation aimed at curbing drug abuse, trafficking, and related crimes in India. It empowers law enforcement with extensive powers to search, seize, and prosecute drug-related offences while also providing stringent punishments, including the death penalty for repeat offenders. At the same time, the Act focuses on the rehabilitation of drug addicts, and provides for the forfeiture of property connected to illicit drug trafficking. The law ensures strict control and regulation of narcotic substances, with a focus on preventing their abuse while complying with global conventions on narcotics control.

Chapter: Preliminary

Chapter: Authorities and Officers

Chapter: National Fund for Control of Drug Abuse

Chapter: Prohibition, Control and Regulation

Chapter: Offences and Penalties