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.
Simplified Explanation
Section 51 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) ensures that the provisions of the Code of Criminal Procedure (CrPC), 1973 apply to the process of warrants, arrests, searches, and seizures under the NDPS Act, unless there is a direct conflict between the provisions of the two laws.
Key Points of Section 51
- Application of CrPC:
- The CrPC, which is the primary legal framework governing criminal procedure in India, applies to all actions like warrants, arrests, searches, and seizures carried out under the NDPS Act, as long as they are not inconsistent with the NDPS Act.
- Consistency with NDPS Act:
- If there is any inconsistency between the provisions of the CrPC and the NDPS Act, the latter will prevail, as the NDPS Act specifically governs offenses and procedures related to narcotic drugs and psychotropic substances.
- Integration of Legal Procedures:
- This section ensures legal consistency and uniformity between the procedures for handling criminal cases under the CrPC and the NDPS Act. In cases of narcotic offenses, the CrPC’s procedures (like obtaining warrants, conducting searches, making arrests, and handling seized goods) will generally be followed.
Summary of Section 51
- Section 51 ensures that the Criminal Procedure Code (CrPC), 1973 is applicable to the warrants, arrests, searches, and seizures under the Narcotic Drugs and Psychotropic Substances Act as long as they do not contradict the provisions of the NDPS Act.
- This allows for a standardized procedure for criminal investigations and actions, with the NDPS Act taking precedence in matters relating specifically to narcotics and psychotropic substances.
