Title : Factors to Be Taken into Account for Imposing Higher Than the Minimum Punishment
State : Central
Year : 1985
1[32B. Factors to be taken into account for imposing higher than the minimum punishment Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this Act, the court may, in addition to such factors as it may deem fit, take into account the following factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine, namely:-- (a) the use or threat of use of violence or arms by the offender; (b) the fact that the offender holds a public office and that he has taken advantage of that office in committing the offence; (c) the fact that the minors are affected by the offence or the minors are used for the commission of an offence; (d) the fact that the offence is committed in an educational institution or..... View Complete Act List Judgments citing this sectionTitle : Security for Abstaining from Commission of Offence
State : Central
Year : 1985
(1) Whenever any person is convicted of an offence punishable under any provision of Chapter IV and the court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of any offence under this Act, the court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from commission of any offence under Chapter IV during such period not exceeding three years as it thinks fit to fix. (2) The bond shall be in such form as may be prescribed by the Central Government and the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, in so far as they are applicable, apply to all matters connected with such bond..... View Complete Act List Judgments citing this sectionTitle : Application of Code to Proceedings Before a Special Court
State : Central
Year : 1985
1[36C. Application of Code to proceedings before a Special Court Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor.] ______________________ 1. Inserted by Act 2 of 1989, section 11 (w.e.f. 29-5-1989). 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 : Power of Attachment of Crop Illegally Cultivated
State : Central
Year : 1985
Any Metropolitan Magistrate, Judicial Magistrate of the first class or any Magistrate specially empowered in this behalf by the State Government1[or any officer of a gazetted rank empowered under section 42] may order attachment of any opium poppy, cannabis plant or coca plant which he has reason to believe to have been illegally cultivated and while doing so may pass such order (including an order to destroy the crop) as he thinks fit. ______________________ 1. Inserted by Act 2 of 1989, section 13 (w.e.f. 29-5-1989). View Complete Act List Judgments citing this sectionTitle : 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). View Complete Act List Judgments citing this sectionTitle : [Omitted]
State : Central
Year : 1985
1[***] ______________________ 1. Section 65 omitted by Act 2 of 1989, section 18 (w.e.f. 29-5-1989). View Complete Act List Judgments citing this sectionTitle : Power to Call for Information, Etc.
State : Central
Year : 1985
Any officer referred to in section 42 who is authorised in this behalf by the Central Government or a State Government may, during the course of any enquiry in connection with the contravention of any provisions of this Act,-- (a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder; (b) require any person to produce or deliver any document or thing useful or relevant to the enquiry; (c) examine any person acquainted with the facts and circumstances of the case. View Complete Act List Judgments citing this sectionTitle : Power of Central Government to Give Directions
State : Central
Year : 1985
1[74A. Power of Central Government to give directions The Central Government may give such directions as it may deem necessary to a State Government regarding the carrying into execution of the provisions of this Act, and the State Government shall comply with such directions.] ______________________ 1. Inserted by Act 2 of 1989, section 20 (w.e.f. 29-5-1989). 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 section