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.
Simplified Explanation
Section 47 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) extends the duty to report illegal cultivation of narcotic plants (such as opium poppy, cannabis, or coca plants) to a wider group of individuals, including government officers, panchayat officials (like panch, sarpanch), and other village officers. These individuals must immediately report any illegal cultivation they become aware of to law enforcement or the relevant authorities.
Key Points of Section 47
- Obligation to Report:
- This section places a legal duty on government officers, panchs, sarpanchs, and other village officers to immediately inform the police or relevant authorities if they come to know that any land has been illegally cultivated with opium poppy, cannabis plants, or coca plants. These individuals are in a position to have knowledge of local activities and are therefore required to act on such knowledge.
- Scope of Responsibility:
- The section targets a wide range of individuals who are likely to be familiar with the local environment, including village officers who may notice any unusual or illegal agricultural activities, and government officials who are in direct contact with the community.
- Penalty for Neglect:
- If these individuals knowingly fail to report the illegal cultivation, they will be liable to punishment. This is similar to Section 46, which holds landholders accountable for not reporting illegal cultivation on their property. Here, the law extends responsibility to anyone who might have knowledge of such illegal activities.
- Purpose:
- The main objective of Section 47 is to ensure that local authorities, who are often the first to become aware of illegal narcotic cultivation, act promptly to inform the relevant law enforcement agencies. This helps prevent illegal drug cultivation at the community level and strengthens law enforcement’s ability to take swift action.
Why Section 47 is Important
- Community-Wide Accountability: By extending the duty to report to a wide range of officials, including local village leaders and government officers, the section creates a broad network of vigilance across communities. This increases the chances of detecting illegal activities early.
- Preventing Drug Production: Like Section 46, this section helps to curb the production of narcotic drugs by preventing the cultivation of narcotic plants in the first place. By mandating reporting, it cuts off potential sources for drug trafficking and production.
- Strengthening Local Governance: The section places responsibility on local authorities such as panchs and sarpanchs to be vigilant about illegal activities in their communities, thus fostering local governance in the fight against drugs.
Summary
Section 47 mandates that government officers, village leaders (like panchs and sarpanchs), and other local officials must report any knowledge of illegal cultivation of opium poppy, cannabis, or coca plants to law enforcement authorities. Failure to report such information makes these individuals liable to punishment. This provision strengthens the community’s role in preventing the cultivation of narcotic plants and helps law enforcement take early action against illegal drug production.
