1[(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 2[or controlled substances] 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 2[or controlled substances] which is liable to confiscation under sub-section (1) and the receptacles, packages and coverings in which any narcotic drug or psychotropic substance 2[or 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 substance 2[or 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 of the animal or conveyance and that each of them had taken all reasonable precautions against such use.
1. Subs. by Act 9 of 2001, s. 26, for sub-section (1) (w.e.f. 2-10-2001).
2. Ins. by s. 26, ibid. (w.e.f. 2-10-2001).
Simplified Explanation
Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 establishes the liability for confiscation of various items involved in the commission of offences under the Act. This section outlines the types of property and items that are subject to confiscation when associated with illicit drug-related activities.
Breakdown of Section 60
Subsection (1): Confiscation of Items Related to the Offence
- Scope:
This subsection states that whenever an offence punishable under the Act is committed, the following items are liable to confiscation:- Narcotic drugs
- Psychotropic substances
- Controlled substances
- Opium poppy, coca plant, and cannabis plant
- Materials, apparatus, and utensils that are involved in the commission of the offence or used in the manufacturing, processing, or distribution of illicit drugs.
- Explanation: If a person is found guilty of committing an offence related to drugs, the property or materials used in that offence (e.g., drugs, plants, manufacturing tools, or equipment) can be seized and confiscated. This serves as a deterrent by depriving the offender of any means or material used in the illegal activities.
Subsection (2): Confiscation of Additional Items
- Scope: This provision extends the liability for confiscation to other items that are found in connection with illicit drugs or substances, including:
- Any narcotic drug or psychotropic substance that is lawfully produced, imported, exported, manufactured, transported, possessed, used, purchased, or sold along with any other illicit drugs or controlled substances.
- The receptacles, packages, and coverings in which the illicit substances, materials, apparatus, or utensils are found.
- The contents of those receptacles or packages, if any.
- Explanation: Not only are the illegal drugs and substances subject to confiscation, but also any items (including containers or packages) that are found together with those illicit substances. For example, if narcotic drugs are found hidden inside a box or container, both the drugs and the box can be confiscated. Even if the box was lawfully used, the fact that it was used to conceal illicit items makes it subject to confiscation.
Subsection (3): Confiscation of Animals or Conveyances
- Scope: This provision extends the liability for confiscation to animals or conveyances (vehicles, ships, airplanes, etc.) used to carry any illicit substances or items related to the offence.
- Animals or conveyances used in carrying illicit drugs, narcotics, or other contraband items are also subject to confiscation.
- However, the owner of the animal or conveyance can avoid confiscation if they can prove that the vehicle or animal was used to carry the illicit substances without their knowledge or connivance (i.e., without their consent or cooperation).
- The owner must demonstrate that they, and their agent (if any), took reasonable precautions to prevent such use.
- Explanation: If a vehicle is used to transport illicit drugs, it can be confiscated unless the owner can prove that the vehicle was used illegally without their knowledge or consent. For instance, if a truck is used by a driver to transport illegal narcotics without the owner’s knowledge, the owner may avoid confiscation if they can prove they took precautions (e.g., ensuring the driver was trustworthy or conducting regular checks to avoid misuse of the vehicle).
Purpose of Section 60
The purpose of Section 60 is to act as a deterrent and to deprive offenders of the tools or means used in illegal drug trafficking or manufacturing activities. It also ensures that offenders cannot benefit from the illegal use of property, whether it’s drugs, plants, equipment, or transportation vehicles.
- Confiscation of Illicit Drugs and Materials:
The law ensures that all materials associated with the production, distribution, or trafficking of illicit drugs are seized and confiscated. This includes not only the illegal drugs but also the tools, machinery, and equipment used for their manufacture. This serves to prevent the continued illegal activity by denying the offender the resources necessary to conduct further illegal operations. - Deterrence Against Drug Trafficking:
The threat of confiscation extends to transportation methods (vehicles, animals, etc.), making it riskier for offenders to use their own or others’ property to facilitate drug-related crimes. If an animal or vehicle is used to carry drugs, it becomes liable to be seized, which discourages people from getting involved in the transportation of illicit substances. - Encouraging Responsible Ownership:
The provision on animals and conveyances encourages property owners to take precautions and ensure that their assets are not used for illegal purposes. This incentivizes responsible ownership and increases vigilance on the part of property owners and those who manage vehicles and other transportation methods.
Practical Example
- Example 1: Seizure of Illicit Drugs:
A person is caught with a large quantity of heroin and the necessary equipment for manufacturing drugs, including mixing apparatus and chemicals. Under Section 60(1), the heroin, the equipment, and any related materials (e.g., chemicals used to make the drug) will be confiscated. - Example 2: Confiscation of Transportation Vehicle:
A truck is found to be carrying a large shipment of illicit cocaine. Under Section 60(3), the truck is liable to confiscation. However, if the owner of the truck can prove that the driver was using the truck without their knowledge (for example, the driver was an independent contractor who secretly used the vehicle for trafficking), the truck may not be confiscated, provided the owner can prove that reasonable precautions were taken to prevent such use. - Example 3: Seizure of Packaging:
During a raid, cocaine is found in a shipping container that was purchased lawfully by a legitimate business. Even though the container itself is legally owned, the container and its contents will be confiscated along with the cocaine, as stipulated in Section 60(2), since the container was used to conceal illicit substances.
Summary
Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, provides for the confiscation of property associated with drug-related offences. This includes:
- The narcotics or psychotropic substances themselves, along with any materials, apparatus, or utensils used in their manufacture or trafficking.
- Any transportation vehicle (animal or conveyance) used to carry illicit substances, unless the owner can prove lack of knowledge or connivance.
- Receptacles, packages, and coverings used to conceal illegal substances are also subject to confiscation.
By applying these provisions, the Act aims to prevent further drug trafficking and criminal activity, ensuring that offenders are deprived of their tools and resources.
