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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

Title : THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

Year : 1985



1*[Whoever, in contravention of any provisions of this Act or any rule or order made or condition of a licence granted there under, produces, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw shall be punishable,-

(a) Where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2[one year], or with fine which may extend to ten thousand rupees or with both;

(b) Where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;

(c) Where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

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1. Substituted by Act 9 of 2001, section 6, for sections 15 to 18 (w.e.f. 2-10-2001).

2. Substituted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 vide Notification No. SO1183(E) dated 30.04.2014 w.e.f 01.05.2014 for the following:-
"six months"

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Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses coca leaves shall be punishable with rigorous imprisonment for a term which may extend to ten years or with fine which may extend to one lakh rupees.



Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable,-

(a) Where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 1[one year], or with fine which may extend to ten thousand rupees or with both; or

(b) Where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees; or

(c) Where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

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1. Substituted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 vide Notification No. SO1183(E) dated 30.04.2014 w.e.f 01.05.2014 for the following:-

"six months"

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Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted there under, cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses opium shall be punishable,-

(a) Where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 1*[one year], or with fine which may extend to ten thousand rupees, or with both;

(b) Where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees which may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees;

(c) In any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one lakh rupees.]

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1. Substituted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 vide Notification No. SO1183(E) dated 30.04.2014 w.e.f 01.05.2014 for the following:-

"six months"

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Any cultivator licensed to cultivate the opium poppy on account of the Central Government who embezzles or otherwise illegally disposes of the opium produced or any part thereof, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh but which may extend to two lakh rupees:

Provided
that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.



Whoever, in contravention of any provisions of this Act or any rule or order made or condition of licence granted there under,-

(a) Cultivates any cannabis plant; or

(b) Produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable-

1*[(i) Where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees; and

(ii) Where such contravention relates to sub-clause (b),-

(A) And involves small quantity, with rigorous imprisonment for a term which may extend to 2[one year], or with fine, which may extend to ten thousand rupees, or with both;

(B) And involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;

(C) And involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.]

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1. Substituted by Act 9 of 2001, section 7, for sub-clauses (i) and (ii) (w.e.f. 2-10-2001).

2. Substituted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 vide Notification No. SO1183(E) dated 30.04.2014 w.e.f 01.05.2014 for the following:-
"six months"

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1*[Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable,-

(a) Where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both;

(b) Where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;

(c) Where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

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1. Substituted by Act 9 of 2001, section 8, for sections 21 to 23 (w.e.f. 2-10-2001).

2. Substituted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 vide Notification No. SO1183(E) dated 30.04.2014 w.e.f 01.05.2014 for the following:-
"six months"

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Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted there under, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any psychotropic substance shall be punishable,-

(a) Where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 1*[one year], or with fine which may extend to ten thousand rupees or with both;

(b) Where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;

(c) Where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

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1. Substituted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 vide Notification No. SO1183(E) dated 30.04.2014 w.e.f 01.05.2014 for the following:-
"six months"

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Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence or permit granted or certificate or authorisation issued thereunder, imports into India or exports from India or tranships any narcotic drug or psychotropic substance shall be punishable,-

(a) Where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 1[one year], or with fine, which may extend to ten thousand rupees or with both;

(b) Where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine; which may extend to one lakh rupees;

(c) Where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.]

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1. Substituted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 vide Notification No. SO1183(E) dated 30.04.2014 w.e.f 01.05.2014 for the following:-
"six months"

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Whoever engages in or controls any trade whereby a narcotic drug or a psychotropic substance is obtained outside India and supplied to any person outside India without the previous authorisation of the Central Government or otherwise than in accordance with the conditions (if any) of such authorisation granted under section 12, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.



1*[Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this Act, shall be punishable with the punishment provided for that offence.]

25A - Punishment for contravention of orders made under section 9A

2*[If any person contravenes an order made under section 9A, he shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding one lakh rupees.]

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1. Substituted by Act 9 of 2001, section 9, for section 25 (w.e.f. 2-10-2001).

2. Inserted by Act 2 of 1989, section 7 (w.e.f. 29-5-1989).

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If the holder of any licence, permit or authorisation granted under this Act or any rule or order made thereunder or any person in his employ and acting on his behalf-

(a) Omits, without any reasonable cause, to maintain accounts or to submit any return in accordance with the provisions of this Act, or any rule made thereunder;

(b) Fails to produce without any reasonable cause such licence, permit or authorisation on demand of any officer authorised by the Central Government or State Government in this behalf;

(c) Keeps any accounts or makes any statement which is false or which he knows or has reasons to believe to be incorrect; or

(d) Willfully and knowingly does any act in breach of any of the conditions of licence, permit or authorisation for which a penalty is not prescribed elsewhere in this Act,he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.



1*[Whoever, consumes any narcotic drug or psychotropic substance shall be punishable,-

(a) Where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetylmorphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both; and

(b) Where the narcotic drug or psychotropic substance consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.]

27A - Punishment for financing illicit traffic and harbouring offenders

2*[Whoever indulges in financing, directly or indirectly, any of the activities specified in sub-clauses (i) to (v) of clause (viiia) of section 2 or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees].

27B - Punishment for contravention of section 8A

3*[Whoever contravenes the provision of section 8A shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to ten years and shall also be liable to fine.]

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1. Substituted by Act 9 of 2001, section 10, for section 27 (w.e.f. 2-10-2001).

2. Inserted by Act 2 of 1989, section 8 (w.e.f. 29-5-1989).

3. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 vide Notification No. SO1183(E) dated 30.04.2014 w.e.f 01.05.2014.

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Whoever attempts to commit any offence punishable under this Chapter or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the punishment provided for the offence.



(1) Whoever abets, or is a party to a criminal conspiracy to commit an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence.
(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which-

(a) Would constitute an offence if committed within India; or

(b) Under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India.



If any person makes preparation to do or omits to do anything which constitutes an offence punishable under any of the provisions of 1*[sections 19, 24 and 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance and from the circumstances of the case] it may be reasonably inferred that he was determined to carry out his intention to commit the offence but had been prevented by circumstances independent of his will, he shall be punishable with rigorous imprisonment for a term which shall not be less than one-half of the minimum term (if any), but which may extend to one-half of the maximum term, of imprisonment with which he would have been punishable in the event of his having committed such offence, and also with fine which shall not be less than one-half of the minimum amount (if any), of fine with which he would have been punishable, but which may extend to one-half of the maximum amount of fine with which he would have ordinarily (that is to say in the absence of special reasons) been punishable, in the event aforesaid:

Provided
that the court may, for reasons to be recorded in the judgment, impose a higher fine.

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1. Substituted by Act 9 of 2001, section 11, for certain words (w.e.f. 2-10-2001).
 
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1*[(1) If any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under this Act is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under this Act with the same amount of punishment shall be punished for the second and every subsequent offence with rigorous imprisonment for a term which may extend to 2*[one and one-half times of the maximum term] of imprisonment and also be liable to fine which shall extend to 3*[one and one-half times of the maximum amount] of fine.

(2) Where the person referred to in sub-section (1) is liable to be punished with a minimum term of imprisonment and to a minimum amount of fine, the minimum punishment for such person shall be 2*[one and one-half times of the maximum term] of imprisonment and 3*[one and one-half times of the maximum amount] of fine:

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding the fine for which a person is liable.

(3) Where any person is convicted by a competent court of criminal jurisdiction outside India under any corresponding law, such person, in respect of such conviction, shall be dealt with for the purposes of sub-sections (1) and (2) as if he had been convicted by a court in India.]

31A - Death penalty for certain offences after previous conviction

4*[(1) Notwithstanding anything contained in section 31, if any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under 5*[section 19, section 24, section 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance] is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence relating to-

(a) Engaging in the production, manufacture, possession, transportation, import into India, export from India or transshipment, of the narcotic drugs or psychotropic substances specified under column (1) of the Table below and involving the quantity which is equal to or more than the quantity indicated against each such drug or substance, as specified in column (2) of the said Table:

TABLE
    
Particulars of narcotic drugs/psychotropic substances
(1)    Quantity             (2)

(i)    Opium            10Kgs.

(ii)    Morphine         1Kg.

(iii)    Heroin            1Kg.

(iv)    Codeine         1Kg.

(v)    The baine       1Kg.

(vi)    Cocaine      500 grams.

(vii)    Hashish       20 Kgs.

(viii)    Any mixture with or without any natural material of any of the above drugs    6*[lesser of the quantity between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture.]

(ix)    LSD, LSD-25(+)-N, N Diethyllysergamide (d-lysergic acid diethylamide)    500 grams

(x)    THC (Tetrahydrocannabinols, the following Isomers : 6a (10a), 6a (7) 7, 8, 9, 10, 9 (11) and their stereo chemical variants)    500 grams

(xi)    Met amphetamine (+)-2-Methylamine-1 -Phenyl propane    1,500 grams

(xii)    Methaqualone (2-Methyl-3-0-tolyl-4-(3h)-quinazolinone)    1,500 grams

(xiii)    Amphetamine (+)-2-amino-1-phenylporpane    1,500 grams

(xiv)    Salts and preparations of the psychotropic substances mentioned in (ix) to (xii)    1,500 grams;

(b) Financing, directly or indirectly, any of the activities specified in clause (a), 7*[shall be punished with punishment which shall not be less than the punishment specified in section 31 or with death].

(2) Where any person is convicted by a competent court of criminal jurisdiction outside India under any law corresponding to the provisions of [section 19, section 24 or section 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance], such person, in respect of such conviction, shall be dealt with for the purposes of sub-section (1) as if he had been convicted by a court in India.]

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1. Substituted by Act 9 of 2001, section 12, for section 31 (w.e.f. 2-10-2001).

2. Substituted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 vide Notification No. SO1183(E) dated 30.04.2014 w.e.f 01.05.2014 for the following:-

"one-half of the maximum term"

3. Substituted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 vide Notification No. SO1183(E) dated 30.04.2014 w.e.f 01.05.2014 for the following:-

"one-half of the maximum amount"

4. Inserted by Act 2 of 1989, section 9 (w.e.f. 29-5-1989).

5. Substituted by Act 9 of 2001, section 13, for certain words (w.e.f. 2-10-2001).

6. Substituted by Act 9 of 2001, section 13, for "1,500 grams" (w.e.f. 2-10-2001).

7. Substituted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 vide Notification No. SO1183(E) dated 30.04.2014 w.e.f 01.05.2014 for the following:-
"shall be punishable with death"

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Whoever contravenes any provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation issued there under for which no punishment is separately provided in this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

32A No suspension, remission or commutation in any sentence awarded under this Act

1*[Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force but subject to the provisions of section 33, no sentence awarded under this Act (other than section 27) shall be suspended or remitted or commuted.]

32B - Factors to be taken into account for imposing higher than the minimum punishment

2*[Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this Act, the court may, in addition to such factors as it may deem fit, take into account the following factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine, namely:-

(a) The use or threat of use of violence or arms by the offender;

(b) The fact that the offender holds a public office and that he has taken advantage of that office in committing the offence;

(c) The fact that the minors are affected by the offence or the minors are used for the commission of an offence;

(d) The fact that the offence is committed in an educational institution or social service facility or in the immediate vicinity of such institution or faculty or in other place to which school children and students resort for educational, sports and social activities.;

(e) The fact that the offender belongs to organised international or any other criminal group which is involved in the commission of the offences; and

(f) The fact that the offender is involved in other illegal activities facilitated by commission of the offence.]

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1. Inserted by Act 2 of 1989, section 10 (w.e.f. 29-5-1989).

2. Inserted by Act 9 of 2001, section 14 (w.e.f. 2-10-2001).

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Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) or in the Probation of Offenders Act, 1958 (20 of 1958) shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or section 27.



(1) Whenever any person is convicted of an offence punishable under any provision of Chapter IV and the court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of any offence under this Act, the court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from commission of any offence under Chapter IV during such period not exceeding three years as it thinks fit to fix.

(2) The bond shall be in such form as may be prescribed by the Central Government and the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of that Code.

(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(4) An order under this section may also be made by an appellate court or by the High Court or Sessions Judge when exercising the powers of revision.



(1) In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.

Explanation.-In this section "culpable mental state" includes intention, motive knowledge of a fact and belief in, or reason to believe, a fact.

(2) For the purpose of this section, a fact is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability.



1*[(1) The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be specified in the notification.

(2) A Special Court shall consist of a single Judge who shall be appointed by the Government with the concurrence of the Chief Justice of the High Court.

Explanation.- In this sub-section, "High Court" means the High Court of the State in which the Sessions Judge or the Additional Sessions Judge of a Special Court was working immediately before his appointment as such Judge.

(3) A person shall not be qualified for appointment as a Judge of a Special Court unless he is, immediately before such appointment, a Sessions Judge or an Additional Sessions Judge.]

36A - Offences triable by Special Courts

2*[(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-

(a) All offences under this Act which are punishable with imprisonment for a term of more than three years shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the Government;

(b) Where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under subsection (2) or sub-section (2A) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate:

Provided
that in cases which are triable by the Special Court where such Magistrate considers-

(i) When such person is forwarded to him as aforesaid; or

(ii) Upon or at any time before the expiry of the period of detention authorised by him,that the detention of such person is unnecessary, he shall order such person to be forwarded to the Special Court having jurisdiction;

(c) The Special Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), in relation to an accused person in such case who has been forwarded to him under that section;

(d) A Special Court may, upon perusal of police report of the facts constituting an offence under this Act or upon complaint made by an officer of the Central Government or a State Government authorised in his behalf, take cognizance of that offence without the accused being committed to it for trial.

(2) When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial.

(3) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974), and the High Court may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the reference to "Magistrate" in that section included also a reference to a "Special Court" constituted under section 36.

(4) In respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for offences involving commercial quantity the references in sub-section (2) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), thereof to "ninety days", where they occur, shall be construed as reference to "one hundred and eighty days":

Provided that, if it is not possible to complete the investigation within the said period of one hundred and eighty days, the Special Court may extend the said period up to one year on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of one hundred and eighty days.

(5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offences punishable under this Act with imprisonment for a term of not more than three years may be tried summarily.]

36B - Appeal and revision

3*[The High Court may exercise, so far as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974), on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court.

36C - Application of Code to proceedings before a Special Court

3*[Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor.]

36D - Transitional provisions

4*[(1) Any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989), which is triable by a Special Court shall, until a Special Court is constituted under section 36, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), be tried by a Court of Session.

(2) Where any proceedings in relation to any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989), are pending before a Court of Session, then, notwithstanding anything contained in sub-section (1), such proceeding shall be heard and disposed of by the Court of Session:

Provided
that nothing contained in this sub-section shall affect the power of the High Court under section 407 of the Code of Criminal Procedure, 1973 (2 of 1974) to transfer any case or class of cases taken cognizance by a Court of Session under sub-section (1).]

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1. Substituted by Act 2 of 1989, section 11, for section 36 (w.e.f. 29-5-1989).

2. Section 36A inserted by Act 2 of 1989, section 11 (w.e.f. 29-5-1989) and substituted by Act 9 of 2001, section 15 (w.e.f. 2-10-2001).
 
3. Inserted by Act 2 of 1989, section 11 (w.e.f. 29-5-1989).

4. Section 36D inserted by Act 2 of 1989, section 11 (w.e.f. 29-5-1989) and substituted by Act 9 of 2001, section 16 (w.e.f. 2-10-2001).

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1*[(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)-

(a) Every offence punishable under this Act shall be cognizable;

(b) No person accused of an offence punishable for2[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless-

(i) The Public Prosecutor has been given an opportunity to oppose the application for such release, and

(ii) Where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.]

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1. Substituted by Act 2 of 1989, section 12, for section 37 (w.e.f. 29-5-1989).

2. Substituted by Act 9 of 2001, section 17, for "a term of imprisonment of five years or more under this Act" (w.e.f. 2-10-2001).

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(1) Where an offence under Chapter IV has been committed by a company, every person, who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where any offence under Chapter IV has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary of other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explanation
-For the purposes of this section,-

(a) "Company" means any body corporate and includes a firm or other association of individuals; and

(b) "Director", in relation to a firm, means a partner in the firm.



(1) When any addict is found guilty of an offence punishable under section 27 1*[or for offences relating to small quantity of any narcotic drug or psychotropic substance] and if the court by which he is found guilty is of the opinion, regard being had to the age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for detoxification or de-addiction from a hospital or an institution maintained or recognised by Government and on his entering into a bond in the form prescribed by the Central Government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical treatment and, in the meantime, to abstain from the commission of any offence under Chapter IV.

(2) If it appears to the court, having regard to the report regarding the result of the medical treatment furnished under sub-section (1), that it is expedient so to do, the court may direct the release of the offender after due admonition on his entering into a bond in the form prescribed by the Central Government, with or without sureties, for abstaining from the commission of any offence under Chapter IV during such period not exceeding three years as the court may deem fit to specify or on his failure so to abstain, to appear before the court and receive sentence when called upon during such period.

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1. Inserted by Act 9 of 2001, section 18 (w.e.f. 2-10-2001).

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(1) Where any person is convicted of any of the offences punishable under section 15 to section 25 (both inclusive), section 28, section 29 or section 30, it shall be competent for the court convicting the person to cause the name and place of business or residence of such person, nature of the contravention, the fact that the person has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of such person in such newspapers or in such manner as the court may direct.

(2) No publication under sub-section (1) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such appeal, having been preferred, has been disposed of.

(3) The expenses of any publication under sub-section (1) shall be recoverable from the convicted person as if it were a fine imposed by the court.


Last updated on July, 2016

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