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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 57

Title: Report of Arrest and Seizure

State: Central

Year: 1985

Whenever any person makes any arrest or seizure, under this Act, he shall, within forty-eight hours next after such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate official superior.

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 42

Title: Power of Entry, Search, Seizure and Arrest Without Warrant or Authorisation

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 Section 43

Title: Power of Seizure and Arrest in Public Place

State: Central

Year: 1985

.....or controlled substance in respect of which he has reason to believe an offence punishable under this Act has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this Act, any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act; (b) detain and search any person whom he has reason to believe to have committed an offence punishable under this Act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company. Explanation.--For the purposes of this section, the expression "public place" includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public.]

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 58

Title: Punishment for Vexatious Entry, Search, Seizure or Arrest

State: Central

Year: 1985

(1) Any person empowered under section 42 or section 43 or section 44 who-- (a) without reasonable ground of suspicion enters or searches, or causes to be entered or searched, any building, conveyance or place; (b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any narcotic drug or psychotropic substance or other article liable to be confiscated under this Act, or of seizing any document or other article liable to be seized under section 42, section 43 or section 44; or (c) vexatiously and unnecessarily detains, searches or arrests any person, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both. (2) Any person wilfully and maliciously giving false information and so causing an arrest or a search being made under this Act shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.

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Narcotic Drugs and Psychotropic Substances Act, 1985 Complete Act

State: Central

Year: 1985

.....convention, relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by India after the commencement of this Act. (x) "manufacture", in relation to narcotic drugs or psychotropic substances, includes- (1) all processes other than production by which such drugs or substances may be obtained; (2) refining of such drugs or substances; (3) transformation of such drugs or substances; and (4) making of preparation (otherwise than in a pharmacy on prescription) with or containing such drugs or substances; (xi) "manufactured drug" means- (a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate; (b) any other narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare to be a manufactured drug; but does not include any narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature, or to a decision, if any, under any International Convention, by notification in the Official.....

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Narcotic Drugs and Psychotropic Substances Act, 1985 Chapter 5

Title: Procedure

State: Central

Year: 1985

.....the course of any inquiry or proceedings by such officer, shall be relevant for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains,-- (a) when the person who made the statement is dead or cannot be found or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or (b) when the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justice. (2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceedings under this Act or the rules or orders made thereunder, other than a proceeding before a court, as they apply in relation to a proceeding before a court.] ______________________ 1. Inserted by Act 2 of 1989, section 15 (w.e.f. 29-5-1989). Section 54 - Presumption from possession of illicit articles 1[54. Presumption from.....

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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

.....(AMDNDMENT) ACT, 2001 [Act No. 09 of 2001] [9th May,2001] PREAMBLE An Act further to amend the Narcotic Drugs and Psychotropic Substances Act, 1985. BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows: -- 1.Short title and commencement - (1) This Act may be called the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. 2. Amendment of section 1- In the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) (hereinafter referred to as the principal Act), in section 1, in sub-section (2), after the words "whole of India", the following shall be inserted, namely:-- "and it applies also-- (a) to all citizens of India outside India; (b) to all persons on ships and aircrafts registered in India, wherever they may be". 3. Amendment of section 2 - In section.....

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Narcotic Drugs and Psychotropic Substances Act, 1985 Complete Act

Title: Narcotic Drugs and Psychotropic Substances Act, 1985

State: Central

Year: 1985

.....Punishment for offence for which no punishment is provided Section32A - No suspension, remission or commutation in any sentence awarded under this Act Section32B - Factors to be taken into account for imposing higher than the minimum punishment Section33 - Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958 Section34 - Security for abstaining from commission of offence Section35 - Presumption of culpable mental state Section36 - Constitution of Special Courts Section36A - Offences triable by Special Courts Section36B - Appeal and revision Section36C - Application of Code to proceedings before a Special Court Section36D - Transitional provisions Section37 - Offences to be cognizable and non-bailable Section38 - Offences by companies Section39 - Power of court to release certain offenders on probation Section40 - Power of court to publish names, place of business, etc., of certain offenders Chapter 5 Section41 - Power to issue warrant and authorisation Section42 - Power of entry, search, seizure and arrest without warrant or authorisation Section43 - Power of seizure and arrest in public place Section44 -.....

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Administrative Tribunals Act, 1985 Complete Act

State: Central

Year: 1985

.....the Thirty-fifth Year of the Republic of India as follows: CHAPTER 01: PRELIMINARY SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Administrative Tribunals Act, 1985. (2) It extends- (a) in so far as it relates to the Central Administrative Tribunal, to the whole of India : (b) in so far as it relates to the Administrative Tribunals for States, to the whole of India, except the State of Jammu and Kashmir. (3) The provisions of this Act, in so far as they relate to the Central Administrative Tribunal, shall come into force on such date1as the Central Government may, by notification, appoint. (4) The provisions of the Act, in so far as they relate to Administrative Tribunal, for a State shall come into force in a State on such date2as the Central Government may, by notification appoint. SECTION 02: ACT NOT TO APPLY TO CERTAIN PERSONS The provisions of this Act shall not apply to- (a) any member of the naval, military or air force or of any other armed forces of the Union ; (b)3[* * *] (c) any officer or servant of the Supreme Court or any High Court4[or Courts subordinate thereto], (d) any person appointed to the secretarial.....

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 41

Title: Power to Issue Warrant and Authorisation

State: Central

Year: 1985

.....seizure or freezing orforfeiture under Chapter VA of this Act is kept or concealed in any building,conveyance or place, may authorise any officer subordinate to him but superiorin rank to a peon, sepoy or a constable to arrest such a person or search abuilding, conveyance or place whether by day or by night or himself arrest sucha person or search a building, conveyance or place. (3) The officer to whoma warrant under sub-section (1) is addressed and the officer who authorised thearrest or search or the officer who is so authorised under sub-section (2)shall have all the powers of an officer acting under section 42. ______________________ 1.Substituted by Act 9 of2001, section 19, for sections 41 to 43 (w.e.f. 2-10-2001).

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