Title : 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 : Transitional Provisions
State : Central
Year : 1985
1[36D. Transitional provisions (1) Any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989), which is triable by a Special Court shall, until a Special Court is constituted under section 36, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), be tried by a Court of Session. (2) Where any proceedings in relation to any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989), are pending before a Court of Session, then, notwithstanding anything contained in sub-section (1), such proceeding shall be heard and disposed of by the Court of Session: Provided that nothing..... View Complete Act List Judgments citing this sectionTitle : Power of Entry, Search, Seizure and Arrest in Offences Relating to Coca Plant, Opium Poppy and Cannabis Plant
State : Central
Year : 1985
The provisions of sections 41, 42 and 43, shall so far as may be, apply in relation to the offences punishable under Chapter IV and relating to coca plant, the opium poppy or cannabis plant and for this purpose references in those sections to narcotic drugs, or psychotropic substance,1[or controlled substance], shall be construed as including references to coca plant, the opium poppy and cannabis plant. ______________________ 1. Inserted by Act 9 of 2001, section 20 (w.e.f. 2-10-2001). 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 : 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 : 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 of Court to Release Certain Offenders on Probation
State : Central
Year : 1985
(1) When any addict is found guilty of an offence punishable under section 271[or for offences relating to small quantity of any narcotic drug or psychotropic substance] and if the court by which he is found guilty is of the opinion, regard being had to the age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for de-toxification or de-addiction from a hospital or an institution maintained or recognised by Government and on his entering into a bond in the form prescribed by the Central..... 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