Bare Act Search Results

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 37

Title: Offences to Be Cognizable and Non-bailable

State: Central

Year: 1985

.....Code of Criminal Procedure, 1973 (2 of 1974)-- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for2[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless-- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.] ______________________ 1. Substituted by Act 2 of 1989, section 12, for section 37 (w.e.f. 29-5-1989). 2. Substituted by Act 9 of 2001, section 17, for "a term of imprisonment of five years or more under this Act" (w.e.f. 2-10-2001).

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.....

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.....

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 -.....

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

State: Central

Year: 1988

.....but not defined, and defined in the Narcotic Drugs and Psychotropic Substances Act, 1985have the meanings respectively assigned to them in that Act. SECTION 03: POWER TO MAKE ORDERS DETAINING CERTAIN PERSONS (1) The Central Government or a State Government, or any office of the Central Government, not below the rank of a Joint Secretary to that Government, specially empowered for the purposes of this section by that Government, or any officer of a State Government, not below the rank of a Secretary to that Government, specially empowered for the purposes of this section by that Government, may, if satisfied, with respect to any person (including a foreigner) that, with a view to preventing him from engaging in illicit traffic in narcotic drugs and psychotropic substances, it is necessary so to do, make an order directing that such person be detained. (2) When any order of detention is made by a State Government or by an officer empowered by a State Government, the State Government shall, within ten days, forward to the Central Government a report in respect of the order. (3) For the purposes of clause (5) of Art. 22 of the Constitution, the communication to a person.....

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 2

Title: Definitions

State: Central

Year: 1985

..... (v) "coca derivative' means-- (a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine; (b) ecgonine and all the derivatives of ecgonine from which it can be recovered; (c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and (d) all preparations containing more than 0.1 per cent. of cocaine; (vi) "coca leaf" means-- (a) the leaf of the coca plant except of a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed; (b) any mixture thereof with or without any neutral material; but does not include any preparation containing not more than 0.1 per cent. of cocaine; (vii) "coca plant" means the plant of any species of the genus Erythroxylon; 2 [(viia) "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette; (viib) "controlled delivery" means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted.....

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 27

Title: Punishment for Consumption of Any Narcotic Drug or Psychotropic Substance

State: Central

Year: 1985

1[27. Punishment for consumption of any narcotic drug or psychotropic substance Whoever, consumes any narcotic drug or psychotropic substance shall be punishable,-- (a) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both; and (b) where the narcotic drug or psychotropic substance consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.] ______________________ 1. Substituted by Act 9 of 2001, section 10, for section 27 (w.e.f. 2-10-2001).

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 52A

Title: Disposal of Seized Narcotic Drugs and Psychotropic Substances

State: Central

Year: 1985

.....Magistrate and certifying the correctness of any list of samples so drawn. (3) Where an application is made under sub-section (2), the Magistrate shall, as soon as may be, allow the application. (4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying an offence under this Act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples drawn under subsection (2) and certified by the Magistrate, as primary evidence in respect of such offence]. ______________________ 1. Inserted by Act 2 of 1989, section 14 (w.e.f. 29-5-1989).

Narcotic Drugs and Psychotropic Substances Act, 1985 Section 9

Title: Power of Central Government to Permit, Control and Regulate

State: Central

Year: 1985

.....leaves; (ii) the cultivation (such cultivation being only on account of Central Government) of the opium poppy; (iii) the production and manufacture of opium and production of poppy straw; (iv) the sale of opium and opium derivatives from the Central Government factories for export from India or sale to State Government or to manufacturing chemists; (v) the manufacture of manufactured drugs (other than prepared opium) but not including manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess; (vi) the manufacture, possession, transport import inter-State, export inter-State, sale, purchase, consumption or use of psychotropic substances; (vii) the import into India and export from India and transhipment of narcotic drugs and psychotropic substances; (b) prescribe any other matter requisite to render effective the control of the Central Government over any of the matters specified in clause (a). (2) In particular and without prejudice to the generality of the foregoing power, such rules may-- (a) empower the Central Government to fix from time to time the limits within.....

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).