Any goods used for concealing any 1[narcotic drug, psychotropic substance] or controlled substance which is liable to confiscation under this Act shall also be liable to confiscation.
Explanation.— In this section “goods” does not include conveyance as a means of transport.
1. Subs. by s. 27, ibid., for “narcotic drug or psychotropic substance” (w.e.f. 2-10-2001).
Simplified Explanation
Section 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) addresses the issue of confiscation of goods that are used to conceal illicit drugs or substances, which are in violation of the provisions of the Act. Here’s a detailed explanation:
Key Points of Section 61:
- Confiscation of Goods Used for Concealing Illicit Drugs:
- The section states that goods (any items or materials) used for hiding or concealing narcotic drugs, psychotropic substances, or controlled substances are also subject to confiscation under the NDPS Act.
- This is applicable when the goods are found to be used for the purpose of hiding or transporting these illicit substances.
- Goods could refer to various items like containers, packaging materials, machinery, or any other items used in the concealment process.
- Clarification of the Term “Goods”:
- The term “goods” in this section specifically refers to objects used for concealing the drugs but does not include conveyances (i.e., vehicles, ships, aircraft, etc.).
- The exclusion of conveyances means that although a vehicle may be used to transport or conceal drugs, it is not covered by the term “goods” in this context. Instead, vehicles are dealt with under separate provisions, and confiscation of conveyances can be carried out under other sections of the NDPS Act.
- Confiscation Process:
- The section empowers the authorities to confiscate not only the narcotic drugs or psychotropic substances but also the goods used to hide or conceal them. This is in addition to any penalties or other punishments that might be imposed.
- The idea behind this is to discourage the use of goods to facilitate the illegal drug trade and to prevent the further use of these goods for illicit purposes.
- Substitution of Terminology (2001 Amendment):
- The amendment to this section in 2001 changed the phrase “narcotic drug or psychotropic substance” to “narcotic drug, psychotropic substance, or controlled substance.”
- This broadens the scope of the section to include substances classified as controlled substances, which may not fall strictly under narcotic or psychotropic categories but are still illegal to possess, manufacture, or distribute under the NDPS Act.
Practical Example:
- If an individual is caught with a stash of narcotic drugs concealed inside a false compartment of a truck, the truck itself (the conveyance) will not be confiscated under this section. However, any goods like bags, boxes, or materials used to hide or carry those drugs may be seized under this provision.
Summary:
Section 61 of the NDPS Act focuses on the confiscation of goods used to conceal illicit drugs or substances. While conveyances are not included under “goods” for confiscation, other materials or items used for concealment purposes are subject to confiscation. This provision strengthens the law’s ability to target all aspects of the illegal drug trade, not just the drugs themselves but also the means used to conceal or transport them.
