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.
Simplified Explanation
Section 11 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) ensures that narcotic drugs, psychotropic substances, and certain plants related to them (such as coca plants, opium poppies, and cannabis plants) are exempt from attachment for the purpose of debt recovery or execution of court orders.
Key Provisions
- Exemption from Attachment:
The section prohibits any narcotic drug, psychotropic substance, coca plant, opium poppy, or cannabis plant from being attached or distrained for the recovery of money. This means that these substances or plants cannot be seized or taken by any person (including creditors, authorities, or courts) to satisfy a debt or claim under any court order, decree, or legal authority. - Override of Other Laws:
This provision overrides any other law or contract that might normally allow the attachment or distraining of property. The intention is to ensure that these specific substances are protected from being used for financial recovery purposes, acknowledging their regulated and controlled status under the NDPS Act.
Implications
- Protection of Regulated Substances:
Since narcotic drugs and psychotropic substances are tightly regulated, this section helps ensure that they are not used or abused for financial purposes or as collateral in commercial transactions. - Focus on Lawful Use:
This section underscores that narcotic drugs, plants, and substances are to be treated with caution and only used in lawful, medical, or scientific contexts. They should not be subject to ordinary commercial practices such as debt recovery. - Prevents Exploitation:
This legal protection prevents individuals from exploiting narcotics and related substances, ensuring they are handled only within the bounds of the law for their authorized uses.
Conclusion
Section 11 provides an important safeguard within the NDPS Act, ensuring that narcotic drugs, psychotropic substances, and related plants cannot be attached or distrained for the recovery of money, no matter the context or legal situation. This exemption helps maintain control over these substances, protecting them from misuse or illegal exploitation in financial transactions.
