Title : Short Title, Extent and Commencement
State : Central
Year : 1985
(1) This Act may be called the Narcotic Drugs and Psychotropic Substances Act, 1985. (2) It extends to the whole of India1[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) It shall come into force on such date2as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision, in that State. ______________________ 1. Inserted by Act 9 of 2001, section 2 (w.e.f. 2-10-2001). 2. Came..... View Complete Act List Judgments citing this sectionTitle : Punishment for Contravention in Relation to Psychotropic Substances
State : Central
Year : 1985
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 psychotropic substance 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; (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..... View Complete Act List Judgments citing this sectionTitle : Punishment for Abetment and Criminal Conspiracy
State : Central
Year : 1985
(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..... View Complete Act List Judgments citing this sectionTitle : Preparation
State : Central
Year : 1985
If any person makes preparation to do or omits to do anything which constitutes an offence punishable under any of the provisions of1[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..... View Complete Act List Judgments citing this sectionTitle : Conditions Under Which Search of Persons Shall Be Conducted
State : Central
Year : 1985
(1) When any officerduly authorised under section 42 is about to search any person under theprovisions of section 41, section 42 or section 43, he shall, if such person sorequires, take such person without unnecessary delay to the nearest GazettedOfficer of any of the departments mentioned in section 42 or to the nearestMagistrate. (2) If such requisitionis made, the officer may detain the person until he can bring him before theGazetted Officer or the Magistrate referred to in subsection (1). (3) The GazettedOfficer or the Magistrate before whom any such person is brought shall, if hesees no reasonable ground for search, forthwith discharge the person butotherwise shall direct that search be made. (4) No female shall besearched by anyone excepting a female. 1 [(5) When an..... View Complete Act List Judgments citing this sectionTitle : Power of Central Government to Make Rules
State : Central
Year : 1985
(1) Subject to the other provisions of this Act, theCentral Government may, by notification in the Official Gazette, make rules forcarrying out the purposes of this Act. (2) Without prejudiceto the generality of the foregoing power, such rules may provide for all or anyof the following matters, namely:-- (a) the method by whichpercentages in the case of liquid preparations shall be calculated for thepurposes of clauses (v), (vi), (xiv) and (xv) of section 2; (b) the form of bond tokeep the peace to be executed under section 34; (c) the form of bond tobe executed for release of an addict convict for medical treatment undersub-section (1) of section 39 and the bond to be executed by such convictbefore his release after due admonition under sub-section (2) of that section; 1..... View Complete Act List Judgments citing this sectionTitle : Saving of State and Special Laws
State : Central
Year : 1985
Nothing in this Act or in the rules made thereunder shall affect the validity of any Provincial Act or an Act of any State Legislature for the time being in force, or of any rule made thereunder which imposes any restriction or provides for a punishment not imposed by or provided for under this Act or imposes a restriction or provides for a punishment greater in degree than a corresponding restriction imposed by or a corresponding punishment provided for by or under this Act for the cultivation of cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within India. View Complete Act List Judgments citing this sectionTitle : 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..... View Complete Act List Judgments citing this sectionTitle : Power to Stop and Search Conveyance
State : Central
Year : 1985
Any officer authorised under section 42, may, if he has reason to suspect that any animal or conveyance is, or is about to be, used for the transport of any narcotic drug or psychotropic substance1[or controlled substance], in respect of which he suspects that any provision of this Act has been, or is being, or is about to be, contravened at any time, stop such animal or conveyance, or, in the case of an aircraft, compel it to land and-- (a) rummage and search the conveyance or part thereof; (b) examine and search any goods on the animal or in the conveyance; (c) if it becomes necessary to stop the animal or the conveyance, he may use all lawful means for stopping it, and where such means fail, the animal or the conveyance may be fired upon. ______________________ 1. Inserted..... View Complete Act List Judgments citing this sectionTitle : Prohibition of Certain Operations
State : Central
Year : 1985
No person shall-- (a) cultivate any coca plant or gather any portion of coca plant; or (b) cultivate the opium poppy or any cannabis plant; or (c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-State, export inter-State, import into India, export from India or tranship any narcotic 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..... View Complete Act List Judgments citing this section