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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 9A

Title: Power to Control and Regulate Controlled Substances

State: Central

Year: 1985

1 [9A.Power to control and regulate controlled substances (1) If the CentralGovernment is of the opinion that, having regard to the use of any controlledsubstance in the production or manufacture of any narcotic drug or psychotropicsubstance, it is necessary or expedient so to do in the public interest, itmay, by order, provide for regulating or prohibiting the production,manufacture, supply and distribution thereof and trade and commerce therein. (2)Without prejudice to the generality of the power conferred by sub-section (1),an order made thereunder may provide for regulating by licences, permits orotherwise, the production, manufacture, possession, transport, importinter-State, export inter-State, sale, purchase, consumption, use, storage,distribution, disposal or acquisition of any controlled substance.] ______________________ 1.Inserted by Act 2 of 1989, section 6 (w.e.f. 29-5-1989).

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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 Chapter 3

Title: Prohibition, Control and Regulation

State: Central

Year: 1985

.....drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of licence, permit or authorisation also in accordance with the terms and conditions of such licence, permit or authorisation: Provided that, and subject to the other provisions of this Act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, transport, warehousing, import inter-State and export inter-State of ganja for any purpose other than medical and scientific purpose shall take effect only from the date which the Central Government may, by notification in the Official Gazette, specify in this behalf: 1[Provided further that nothing in this section shall apply to the export of poppy straw for decorative purposes.] ______________________ 1. Inserted by Act 2 of 1989, section 5 (w.e.f. 29-5-1989). Section 8A - Prohibition of certain activities relating to property derived from.....

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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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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 60

Title: Liability of Illicit Drugs, Substances, Plants, Articles and Conveyances to Confiscation

State: Central

Year: 1985

.....substance2[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 substance2[or controlled substances] which is liable to confiscation under sub-section (1) and there receptacles, packages and coverings in which any narcotic drug or psychotropic substance2[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 substance2[or controlled substance], 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. .....

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 62

Title: Confiscation of Sale Proceeds of Illicit Drugs or Substances

State: Central

Year: 1985

Where any1[narcotic drug, psychotropic substance or controlled substance] is sold by a person having knowledge or reason to believe that the drug or substance is liable to confiscation under this Act the sale proceeds thereof shall also be liable to confiscation. ______________________ 1. Substituted by Act 9 of 2001, section 28, for "narcotic drug or psychotropic substance" (w.e.f. 2-10-2001).

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Narcotic Drugs and Psychotropic Substances Act, 1985 Section 61

Title: Confiscation of Goods Used for Concealing Illicit Drugs or Substances

State: Central

Year: 1985

Any goods used for concealing any1[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. Substituted by Act 9 of 2001, section 27, for "narcotic drug or psychotropic substance" (w.e.f. 2-10-2001).

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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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The Narcotic Drugs And Psychotropic Substances (Amendment) Act, 2014 Complete Act

State: Central

Year: 2014

.....in the proviso, for the words Provided that, the following shall be substituted, namely: Provided that in respect of holder of a licence for manufacture of manufactured drugs or psychotropic substances or controlled substances granted under this Act or any rule or order made thereunder, such power shall be exercised by an officer not below the rank of sub-inspector: Provided further that. Amendment of section 52A. 17. In section 52A of the principal Act, (a) for sub-section (1), the following sub-section shall be substituted, namely: (1) The Central Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the Official Gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that Government may, from time.....

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