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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 64A

Title: Immunity from Prosecution to Addicts Volunteering for Treatment

State: Central

Year: 1985

1[64A. Immunity from prosecution to addicts volunteering for treatment Any addict, who is charged with an offence punishable under section 27 or with offences involving small quantity of narcotic drugs or psychotropic substances, who voluntarily seeks to undergo medical treatment for de-addiction from a hospital or an institution maintained or recognised by the Government or a local authority and undergoes such treatment shall not be liable to prosecution under section 27 or under any other section for offences involving small quantity of narcotic drugs or psychotropic substances: Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction.] ______________________ 1. Inserted by Act 2 of 1989, section 17 (w.e.f. 29-5-1989) and substituted by Act 9 of 2001, section 30 (w.e.f. 2-10-2001).

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Juvenile Justice Act, 1986 [Repealed] Section 48

Title: Transfer of Juveniles of Unsound Mind or Suffering from Leprosy or Addicted to Drugs

State: Central

Year: 1986

(1) Where it appears to the State Government that any Juvenile kept in a special home or juvenile home or institution in pursuance of this Act is suffering from leprosy so is of unsound mind, or is addicted to any narcotic drug or psychotropic substances, the State Government may order his removal to a leper asylum or mental hospital or treatment centre for drug addicts or other place of safe custody for being kept there for such period not exceeding the period for which he is required to be kept in custody under the orders of the competent authority or for such further period as may be certified by the medical officer to be necessary for the proper treatment of the juvenile. (2) Where it appears to the State Government that the juvenile is cured of leprosy or of unsoundness of mind of drug addiction it may, if the juvenile is still liable to be kept in custody, order the person having charge of the juvenile to send him to the special home or juvenile home or institution from which he was removed or, if the juvenile is no longer liable to be kept in custody, order him to be discharged.

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 71

Title: Power of Government to Establish Centres for Identification, Treatment, Etc., of Addicts and for Supply of Narcotic Drugs and Psychotropic Substances

State: Central

Year: 1985

(1) The Government may, in its discretion, establish as many centres as it thinks fit for identification, treatment, education, after-care, rehabilitation, social re-integration of addicts and for supply, subject to such conditions and in such manner as may be prescribed, by the concerned Government of any narcotic drugs and psychotropic substances to the addicts registered with the Government and to others where such supply is a medical necessity. (2) The Government may make rules consistent with this Act providing for the establishment, appointment, maintenance, management and superintendence of, and for supply of narcotic drugs and psychotropic substances from, the centres referred to in sub-section (1) and for the appointment, training, powers, duties and persons employed in such centres.

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Juvenile Justice (Care and Protection of Children) Act, 2000 Section 58

Title: Transfer of Juvenile or Child of Unsound Mind or Suffering from Leprosy or Addicted to Drugs

State: Central

Year: 2000

Where it appears to the competent authority that any juvenile or the child kept in a special home or a children's home or shelter home or in an institution in pursuance of this Act, is suffering from leprosy or is of unsound mind or is addicted to any narcotic drug or psychotropic substance, the competent authority may order his removal to a leper asylum or mental hospital or treatment centre for drug addicts or to a place of safety for being kept there for such period not exceeding the period for which he is required to be kept under the order of the competent authority or for such further period as may be certified by the medical officer necessary for the proper treatment of the juvenile or the child.

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Narcotic Drugs and Psychotropic Substances Act, 1985 Complete Act

State: Central

Year: 1985

.....cannabis; (v) "coca derivative" means (a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine; (b) ecgonine and all the derivatives of ecgonine from which it can be recorded; (c) cocaine, that is, methyl ester of benzoyl ecgonine and its salts; and (d) all preparations containing more than 0.1 per cent. of cocaine; (vi) "coca leaf means (a) the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed; (b) any mixture thereof with or without any natural material but does not Include any preparation containing not more than 0.1 per cent. of cocaine; (vii) "coca plant" means the plant of any species of the genus Erythroxylon; 3(viia) "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette; (viib) "controlled delivery" means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted for them to pass out of, or.....

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Sikkim Anti Drugs Act, 2006 Complete Act

State: Sikkim

Year: 2006

.....the sale of controlled substances by the licensed dealers; (iii) the use and consumption of controlled substances in any chemical form; (iv) the manufacture of the controlled substances by the licensed manufacturers; (v) the transport of controlled substances by licensed dealers and authorized persons; (b) prescribe any other matter requisite to render effective the control of Government over any of the matters specified in clause (a). CHAPTER IV OFFENCES AND PENALTIES Punishment for contravention of controlled substances 9. Whoever, contravenes any provision of this Act or any rule or any order made thereunder shall be punishable " (a) where the contravention is by the licensed dealers, with suspension or cancellation of the license, or with imprisonment for a term which may extend to six months, or with fine which may extend to twenty thousand rupees, or with all; (b) where the contravention involves use or consumption of the controlled substances, without valid medical prescription, by any means/route of intake, in any chemical form, such person shall udergo with compulsory detoxification, and to be followed by rehabilitation and also will remain under.....

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Juvenile Justice Act, 1986 [Repealed] Chapter VII

Title: Miscellaneous

State: Central

Year: 1986

.....education to all children of the age of six to fourteen years, (Art. 21A) No child below the age of 14 years shall be employed to work in a factory, mine or any other hazardous employment, (Art. 24) The tender age of children is not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength (Art. 39e), and that Children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that youth are protected against exploitation and against moral and material abandonment (Art. 39f), The State shall endeavour to provide early childhood care and education for all children until they complete the age of six years, (Art. 45) Whereas it is a Fundamental Duty of a parent or guardian to provide opportunities for education to his child or ward between the age of six and fourteen years, (Art. 51A) Whereas through the National Policy for Children, 1974, we are committed to providing for adequate services to children, both before and after birth and throughout the period of growth, to ensure their full physical, mental and social development, Whereas we affirm that.....

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Narcotic Drugs and Psychotropic Substances Act, 1985 Chapter 5

Title: Procedure

State: Central

Year: 1985

.....case of resistance, break open any door and remove any obstacle to such entry; (c) seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this Act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under this Act or furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act; and (d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punishable under this Act: Provided that if such officer has reason to believe that a search warrant or authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search such building, conveyance or enclosed place at any time between sunset and sunrise after recording the grounds of his belief. (2) Where an officer takes down any information in writing under sub-section (1) or.....

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Narcotic Drugs and Psychotropic Substances Act, 1985 Amending Act 1

Title: Narcotic Drugs and Psychotropic Substances (Amdndment) Act, 2001

State: Central

Year: 1985

.....to prepared opium. 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 six months, 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. 18. Punishment of contravention in relation to opium poppy and.....

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Narcotic Drugs and Psychotropic Substances Act, 1985 Chapter 6

Title: Miscellaneous

State: Central

Year: 1985

.....his abstention from any act, such performance or abstention shall be deemed to be public duty within the meaning of section 74 of the Indian Contract Act, 1872 (9 of 1872); and upon breach of the conditions of such bond by him, the whole sum named therein as the amount to be paid in case of such breach may be recovered from him or from his surety (if any) as if it were an arrear of land revenue. Section 73 - Bar of jurisdiction No civil court shall entertain any suit or proceeding against any decision made or order passed by any officer or authority under this Act or under any rule made thereunder on any of the following matters, namely:-- (a) withholding, refusal or cancellation of any licence for the cultivation of the opium poppy; (b) weighment, examination and classification according to the quality and consistence of opium and any deductions from, or addition to, the standard price made in accordance with such examination; (c) confiscation of opium found to be adulterated with any foreign substance. Section 74 - Transitional provisions Every officer or other employee of the Government exercising or performing immediately before the commencement of this Act,.....

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