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Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 Preamble 1

Title: Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988

State: Central

Year: 1988

THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988 [Act, No. 46 of 1988] [6th September, 1988] PREAMBLE An Act to provide for detention in certain cases for the purpose of preventing illicit traffic in narcotic drugs and psychotropic substances and for matters connected therewith. WHEREAS illicit traffic in narcotic drugs and psychotropic substances poses a serious threat to the health and welfare of the people and the activities of persons engaged in such illicit traffic have a deleterious effect on the national economy; AND WHEREAS having regard to the persons by whom and the manner in which such activities are organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to the illicit traffic in narcotic drugs and psychotropic substances, such activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities to provide for detention of persons concerned in any manner therewith. BE it enacted by Parliament, in the Thirty-ninth Year of the Republic of India as follows:--

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 Complete Act

Title: Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988

State: Central

Year: 1988

Preamble1 - PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Power to make orders detaining certain persons Section4 - Execution of detention orders Section5 - Power to regulate place and conditions of detention Section6 - Grounds of detention severable Section7 - Detention orders not to be invalid or inoperative on certain grounds Section8 - Powers in relation to absconding persons Section9 - Advisory Boards Section10 - Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board Section11 - Maximum period of detention Section12 - Revocation of detention orders Section13 - Temporary release of persons detained Section14 - Protection of action taken in good faith Section15 - Amendment of Act 52 of 1974 Section16 - Repeal and saving

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 Complete Act

State: Central

Year: 1988

.....And whereas having regard to the persons by whom and the manner in which such activities are organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to the illicit traffic in narcotic drugs and psychotropic substances, such activities of a considerable magnitude are clandestinely organised and carried on. it is necessary for the effective prevention of such activities to provide for detention of persons concerned in any manner therewith. Be it enacted by Parliament in the Thirty ninth Year of the Republic of India as follows:- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) This Act may be called the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 4th day of July, 1988. SECTION 02: DEFINITIONS In this Act, unless the context otherwise requires,- (a) "appropriate Government" means, as respects a detention order made by the Central Government or by an officer of the Central Government, or a person detained under such order, the Central . Government, and.....

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 Section 10

Title: Cases in Which and Circumstances Under Which Persons May Be Detained for Periods Longer Than Three Months Without Obtaining the Opinion of Advisory Board

State: Central

Year: 1988

.....the words "shall, within five weeks", the words "shall, within four months and two weeks" shall be substituted; (ii) in clause (c),-- (a) for the words "the detention of the person concerned", the words "the continued detention of the person concerned" shall be substituted; (b) for the words "eleven weeks", the words "five months and three weeks" shall be substituted; (iii) in clause (f), for the words "for the detention", at both the places where they occur, the words "for the continued detention" shall be substituted. ___________________ 1. Substituted by Act 16 of 1996, section 2, for "31st day of July, 1996" (w.e.f. 31-7-1996), which was earlier substituted by Act 53 of 1993, section 2, for "31st day of July, 1993" (w.e.f. 30-6-1993).

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 4

Title: Central Government to Take Measures for Preventing and Combating Abuse of and Illicit Traffic in Narcotic Drugs, Etc.

State: Central

Year: 1985

.....for the purpose of securing the effective implementation of the provisions of this Act and preventing and combating the abuse of narcotic drugs and psychotropic substances and illicit traffic therein. (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or a hierarchy of authorities by such name or names as may be specified in the order for the purpose of exercising such of the powers and functions of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order, and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers and take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers and take such measures.

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 Section 15

Title: Amendment of Act 52 of 1974

State: Central

Year: 1988

In section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, to subsection (1), the following proviso shall be added, namely:-- "Provided that no order of detention shall be made on any of the grounds specified in this sub-section on which an order of detention may be made under section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 or under section 3 of the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (J. & K. Ordinance 1 of 1988)."

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 27A

Title: Punishment for Financing Illicit Traffic and Harbouring Offenders

State: Central

Year: 1985

1[27A. Punishment for financing illicit traffic and harbouring offenders 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]. ______________________ 1. Inserted by Act 2 of 1989, section 8 (w.e.f. 29-5-1989).

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 54

Title: Presumption from Possession of Illicit Articles

State: Central

Year: 1985

1[54. Presumption from possession of illicit articles In trials under this Act, it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under this Act in respect of-- (a) any narcotic drug or psychotropic substance or controlled substance; (b) any opium poppy, cannabis plant or coca plant growing on any land which he has cultivated; (c) any apparatus specially designed or any group of utensils specially adopted for the manufacture of any narcotic drug or psychotropic substance or controlled substance; or (d) any materials which have undergone any process towards the manufacture of a narcotic drug or psychotropic substance or controlled substance, or any residue left of the materials from which any narcotic drug or psychotropic substance or controlled substance has been manufactured, for the possession of which he fails to account satisfactorily.] ______________________ 1. Substituted by Act 9 of 2001, section 25 for section 54 (w.e.f. 2-10-2001).

Narcotic Drugs and Psychotropic Substances Act, 1985 Chapter 5A

Title: Forfeiture of Property Derived From, or Used in Illicit Traffic

State: Central

Year: 1985

1[CHAPTER VA FORFEITURE OF PROPERTY DERIVED FROM, OR USED IN ILLICIT TRAFFIC ______________________ 1. Inserted by Act 2 of 1989, section 19 (w.e.f. 29-5-1989).

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1988

(1) This Act may be called the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on 4th day of July, 1988.