( t o  b e / a s  i n t r o c i u c e d  i n  l o k  s ^ b h a )1   p a g e  1 ,  l i n e  l 5 , -f o r  " c o n v e n t i o n " r e a d  "c o n v e n t i o n s "2   p a g e  3 ,  l i n e  2 d , -f o r  " o r "  r e a d  " f o r "3   p a g e  3 ,  l i n e  2 7 , -f o r  " a t " r e  a o  " as4   p a g e  5 ,  l i n e  3 0 f - a g a i n s t  i t e m  n o   ( i x )f o r  " e s j " r e  a d  "l^ "5   p a g e  5 ,  l i n e  3 2 ,  a g a i n s t  i t e m  n o   ( x )f o r  " ( l o  a ) " r e a c  " (io a) "6  p a g e  5 ,  l i n e  3 3 ,  a g a i n s t  i t e m  n o   ( x ) , -f o r -  " 1 9 ,  s ^ ( l ) «  r e a a  9 ( l i )  "7   p a g e  5 ,  l i n e  3 4 ,  a g a i n s t  i t e m  n o   ( x i /f o  r  " m e t  h a e i t p h e t  a m i n  e - i '  ' )  - 2- m e t  h y l  a m i n e - ^ i-p  h e n y l p r o p a n e ®r e  a d  " m e t h a n p h e t  a m i n e  ( + )  -  2-f>/iet h y l a m i n e - i - p  h e n y l p r o p  an e  »8  p a g e  5 ,  l i n e  3 5 ,  a g a i n s t  i t e m  n o   ( x i i ) , -f o r  'm e t h y l - 3 - 0 " r e a d  "m e t h y l - 3- o "9   p a g e  5 ,  l i n e  3 6 ,  a g a i n s t  i t e m  n o   ( x i i i )_ f t r  " a m i n o - i - p h e n y l p r o p a n    r e a d  "  a m i n o - l _ p  h e n  y i p r o p - a n e ' 1 0   p  a g e  8 , l i n e  1 , -f o r  '' s e s s i o n s "  x g a a  " s e s s i o n "11  p a g e  8 , l i n e  7f o r  " s e s s i o n s "  r e a d  " s e s s i o n "f o r              " l- g n i z a b l e                                            a n d  n o n - b a i i a b l l e "                                                                                           r e a d  ~" c o g n i z a b l e  a n d  n o n - b a i i a b l e "1 3   p  a g e  9 ,  l i n e  s , -o m i t  " s u c h "1 4   p a g e  9 ,  l i n e  4 6 , -a f t e r  " o f f e n c e " i n s e r t  ' u n d e r  t h i s - a c t , "1 5   p a g e  l o , l i n e  3 ^ , -f o r  " s e c t i o n  2 8 a , " r e a d   s e c t i o n  2 7 ' a » 1 6  p a g e  11 , l i n e  xf o r  "  a c t " r e a d  •'• n e t s '1 7   p a g e  l 6 >  l i n e  2 2 , -f o r  " s e c t i o n  ( 2) "  r e a d   " s e c t i o n  ( 1) "; c   p a g e  ,  c ,  l i n e  3 5 , -i'c  r  " a f f e c t "  r e a d  " a f f e c t e d  "p a g e  18 ,  l ;  r ! e  2 0 , -f c r  " m a n y    r e a d  " m a y "2 0   p a g e  18, i n  t h e  m a r g i n a l  h e a d i n g  t o  p r o p o s e d  s e c t i o n  6 a >f o r  « o  f " r e a u  " o  r «2 1   p a g e  l 9 ,  i n  t h e  m a r g i n a l  h e a d i n g  t o  p r o p o s e d  s e c t i o n  o a r , -i o  r  " p o v j e r "  r e a c  " p o w e r s ®2 2  , p a g e  2 0 ,  l i n e  2 4 , -f o r  " p e r s o n s    r e  a d  " p e r s o n "2 3   p a g e  2 1 ,  i n  t h e  m a r g i n a l  h e a d i n g '  t o  p r o p o s e d  s e c t i o n  7 4 a »«»- f o r  " g o v m o n t "  r e a u  " g o v e r n m e n t "2 4   p a - g e   2 1 ,  l i n e  2dj o r  " r e c a r d  s "  r e a o  " r e c o r o s "2 5 ,  p a ^ e  2 i ,  l i n e  2 2 , -< " s e c t i o n  6 8 0    , r e ^    & e c t i o n  o b - o "2 6   p a g e  2 1 ,  l i n e  3 5 , -foj^ "p rov isio n "  re ao "pro visit^ns'2 7   p a g e  2 3 ,  l i n e  l 6 , -f o r  " l i c e n c e ,    r e  a o  " l i c e n c e s ,  2 8   p a g e  2 5 ,  l i n e  h, -f o r  " r e g i s t e r - "  r e a d  " r e g i s t e r s "2 9   p a g e  26,  l i n e  l 8 , -for "popy" read "poppy"3 d »  p a g e  2 7 ,  l i n e  l 9 » -f o r  r e a d  " e x t e n d "new d e l h i ;  i j e c e m b e r  5   i9 8 8 > -- a g r a h a y a n a  1 4 ,  i 9 i 0  ( s a k a ) bar no 125 ot l9 s f the narcotic drugs and psychotropic substances (amendment) bill, 1988 billto amend the narcotic drugs and psychotropic substances act, 1965b it enacted by parliam ent in the thirty-ninth y ear of the repub­lic of india as follows: —1 (1) this- act m ay be called the narcotic drugs and psychotropic ghort substances (am endment) act, 1988 title and comj  (2) it shall come into force on such date as the central goverimient mencemay, by notification in the official gazette, appoint, and different dates m ay 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 provisionjq 2 in the n arcotic drugs and psychotropic substances act, 1985 amend-(hereinafter referred to as th e  principal a ct), in the long title, after ment of the word "substances''^ the following shall be inserted, nam ely:— long titleto provide for the forfeiture cf property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to im plem ent the provisions of the international convention on narcotic d rugs and psychotropic substances"section 2 (o) after clause (vii), the following clause shall be inserted, namely:—  1i '(viio) "controlled substance" means any substance which the central government maiy, having regard to the avail«ft)le , 5 information as to its possible use in the production or manufac­ture of narcotic drugs or psychotropic substances or to the pro­ visions of any international convention, by notification in th official gazette, declare to be a controlled substance;';(b) after clause (viii), the following clausa shall be inserted, 10 namely: —'(yiiia) "illicit traffic", in relation to narcotic drugs and psychotropic substances, means—(i) cultivating any coca plant or gathering any portion of coca plant; i jj(ii) cultivating the oi»um poppy or any cannabis idant;(iii) engaging in the production, manufacture, possession, sale, purchase, transportation, ware-housing, concealment, use or consumption, import inter-state, export inter-stat, import into india, export from india or transhipment, ot 20 narcotic drugs or psychotropic sxlbstances;(iv) dealing in any activities in narcotic drugs or psy« chotropic substances other than those referred tc in su^ clauses (i) to (iii); or(v) handling or letting out any premises for the carrying 2^ on of any of the activities referred to in sub-clauses (i) to (iv)other than those permitted imder this act, or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder, and includes— jo(1) financing, directly or indirectly, any of the af(»«>mentioned activities; 1 |(2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and(3) harbouring persons engaged in any of the aforenum tioaoed activities;';(c) after clause (xxviii) the following clause shall be inserted, namely:—'(;cawiiia) use" in relation to narcotic drugs and p^chotio pic substances, means any kind of use except personal cooiump ^  tion;' ia fter c hapter ii of the principal act, the following chapter shau ln«ertlon be inserted, nam ely:— chapter"chapter iia n ational f und pgr control of drug a buse^ 7a ( /)  th« c entral g overnm ent may, by notification in the nationalofficial gazette, constitute a fund to be called the n ational fund for fund for control of d rug abuse (hereafter in this chapter referred to as the controlfund) and there shall be credited thereto— drugabuse(a) an am ount whicli the c entral governm ent m ay, after10 due appropriation m ade ^>y p ''rhament by law  in this behalf, provide;(b) the sale proceeds of any property forfeited under chap­ter va;i (c) any grants that m ay be made by any person or institu tion; iij  i (d) any incoiile from  investm ent of the amounts creditedto the fim d under the aforesaid provisions(2) the fund shall be applied by the c entral governm ent to meet the expenditure incurred in connection with the m easures taken for combating illicit traffic in, or controlling abuse of, narcotic drugs 2q and psychotropic substances or all or any of the purposes specified insub-section (/) of section 71,-r (5) the central g overnm ent m ay constitute a governing^ bodyas it thinks fit to advise that governm ent in regard to th e applica­tion of the fluid(4) the governing body shall consist of a chairm an (not be^ low the rank of an additional secretary to th e c entral crovemment) and such other m em bers not exceeding six at the c entral govern- 'jnoit m ay appoint(5) the governing body shall have the power to regulate its own procedure307b the central g overnm ent shall, as soon as may be, after the end of each financial year, cause tc be published in the official g&zette, a report giving an account of the activities financed under activisection 7a during the financial year, together w ith a statem ent of ties'» financed, accounts  •35 the fundin section 8 of the principal act, after the proviso, the following prevlso shall be inserted, nam ely:— ment of section 8"provided fu rth er th at nothing in this section shall apply to the export of poppy strtiw for decorative purposes"6 after section 9 of the principal act, the following section shall be inserted^ nam ely:—insertion of new section 9a"9a (1) if the c entral g overnm ent is of the opinion that, hav­ing regard to the use of any controlled substance in the production or m anufacture of any narcotic drug -or psychotropic substance, it 5 is necessary or expedient so to do in the public interest, it may, by order, provide for regulating or prohibiting the production, m anu­power to control and regulate con­trolled sub­stancesfacture, supply and distribution thereof and traded and commerce therein(2) w ithout prejudice to the generality of th e pow er conferred jq b y  sub-section (i), an order m ade thereunder m ay provide for re­gulating by licences, perm its or otherw ise,' the otoduction, m anufac­ture, possession, transport, im port inter-state, export inter-state, sale, purchase, consum ption, use, storage, distribution, disposal or acquisition of any controlled substance^ 157 a fter section 25 of the principal act, the following section shall be inserted, nam ely:— j insertion of new  section 25a"25a if any person contravenes an order m ade under section 9a, he shall be punishable w ith rigoro^js im prisonm ent for a term  w hich m ay extend to ten years and shall also be liable to fine w hich 20 m ay extend to one lakh rupees:provided th at the court may, for reasons to be recorded in the judgm ent, impose a fine exceeding one lakh rupees-"punish­m ent for contra­vention of orders m ede under section 9a8 a fter section 27 of th e principal act the followinpf sectidn shall be inserted, nam ely: ~25insertion of n ew  section 27a27a w hoever indulges in financing, directly or indirectly, a!n,y of the activities speci^ed in sub-clauses (i> to ( r )  of clause {viiia) of section 2 or harbours any person engaged in any of the aforem en­tioned activities, shall be punishable w ith rigorous im prisonm ent for a term  which shall not be less than ten years but which m ay 30 extend to tw enty years and shall also be liable to fine w hich shall punish­ m ent for financing in^cit traffic and har­bouring offendemnot be less than one lakh rupees but w hich m ay extend to tw o lakh rupees:provided th at the court may, for reasons to be recorded in th e judgm ent, impose a fine exceeding tw o lakh rupees^ • a fter section 31 of the principal act, the following section shall be inserted, nam ely:—insertion of new section 31a"31a (i) n otw ithstanding anything contained in section 31, if any person w ho has been convicted of the commission of, or attem pt to commit, or abetm ent of^ or crim inal conspiracy to commit, any of the offences punishable under section 15 to section 25 (both in­clusive) or section 27a, is subsequently convicted of the commission of, or attem pt to commit, or abetm ent of, or crim inal conspiracy to commit, an offence relating to,—deathpenaltyforcertainosencesafterprevious convic­tion1015(a) engaging in the production, m anufacture, possession, transportation, im port into india, export from  india or tran ­shipm ent, of the narcotic drugs, or psychotropic substances specified under column (1) of the table below and involvinj^ the i quantity, w hich is equal to or m ore than the quantity indicated against each ouch drug or substance, as specified in column (2) of the said table;t ablepartlcolars of oarcotfc drugs/ psychotropic substancesquantity '(1)^ (2)o ropium10 kgs20,(>0 ' morphine1 'kgheroincodeine thebafne^ 1 kg 1 kf? 1 kgn»)(w)'(v)cocaine500 grams25(v»)hashish20 kgs(vhi)anv mfxture with or without any neutral material of any of the above drugs1,500 gramsox)eso, lsd-25 n, n-dlethyllyferga m^c^e /d-lysergic acid diethylamide)500 grams30mthc ftetrahydrocannahlnolsr the following isomers: 6a (loa), 6a(7), 7, 8, 9,19, 9(i> and their stereochemfcal variants)500 grams(x\)methaemphetamlne -(+)-2-methylamme—i-phenylpropane1,500 gramswomethaquajone(2-methyi-3-0-tolyl-4-(3h>qufnazollnone)1,500 gramsc mamphetamine (v2-amloo-i-?henylpropan1500 gramssalt and oreoaratfons of the psychotroofc substances mentioned in (ix) to (xlfl- ''1,500 grams;(b) financing, directly or indirectly, any of the activities specified in clause (a), |4q shall be punishable with death(2) w here any person is convicted by a com petent court ot crim inal jurisdiction outside india under any law  corresponding to th e provisions of section 15 to section 25 (both inclvisive), section 27a, section 28 o r section 29, such person in respect of such convic­tion, shall be dealt w ith fo r the purposes, of sub-section (1) as if he had been convicted by a court in india"10 a fter section 32 of th e principal act, the fdllow lng lection shall be inserted, nam ely:—insertion of new section 82a"32a n otw ithstanding anything contained in the code of crim inal procediire, 1973 or any other la w  for th e tim e being in  10 2 of 1974 force but subject to the provisions of section 33, no sentence aw ard ed  under this a ct (other than section 27) shall be suspended or rem itted or com m uted"no suspen gion, remis­sion or commuta tion in any sentence awarded under act11 for section 36 of the principal act, the following sections shall be substituted, nam ely:— 15substitu tion of new sectiong for sec­tion 36constitu­tion of special courts36 (1) the g overnm ent m ay, for the purpose' of providing speed}' trial of the offences under this act, by uotification in th e official g azette, constitute as m any special courts as m ay b e necessary for such area or areas as m ay be specified in th e notifi­cation 20(2) a special c ourt shall consist of  a  single judge i«9io' ^ a l l  be appointed by the g overnm ent w ith th e concurrence of th e chief ju stice of the high coiurtexplanation— in this sub-section, "high c ourt'' m eans th e h i ^  c ourt of th e s tate in w hich the sessions judge or th e a dditional 25 sessions judge of a special c ourt was w orking im m ediately before his appointm ent as such judge(3) a  person shall not be qualified for appotaitmmit as a judga of a special c ourt im less he is, im m ediately before such appoint m ent, a sessions judge, or an additional sessions judge36a (j) k otw ithstanding ano'tliing contained in the code of criuoinal procedure, ia73,— 3ofl974offences triable by special courts(o) all ottences under this act shall be uiable only by the special c-ourt consuiuteci lor i,ne area in wnicn m e oncnte nas been com m itted or w nere there are m ore tipecial courts tnan one for such area, by such one ot tiieni as m ay de specijied m  tm s benait by m e governm ent;(b) w here a person accused oi or suspecied ol the commis­sion oi an ottence unaer tm s act is iorw ai'aed to a m agistrate im aer sub-section or sub-section ot section iov of m e coae oi (jrirmnai jr'roceaure, javi5, sucn ivi<gistraie m ay auinoiise tne detention oi such peison m  sucn custoay as ne m m its n t for a period not exceeam g niteen aays in m e wnoie w nere such m agistrate is a  jucuciai m agistrate and seven aays m  tne wnoie w nere sucn m agistrate is an iijiecutive m agistrate:15provided that where such m agistrate considers—w w nen such person is lorw araed to him  as atoresaid;or i (i|i) upon o r a t any, tim e before the expiry of the period of detention aum orised oy m m ;20th at the detention of such person is unnecessary, ne shall order such person to oe torw aroed to tne bpeciai co u rt having jurisdicuon;2s2 of 1974(c) the special court m ay exercise, in relation to the per­son forw arded to it under clause (bj, tne sam e power wmch a m agistrate havm g jurisdiction to try  a case may exercise unuer section 167 of the code of crim inal procedure, is^yj, in reunion to an accused person in such case who has been xorwaraed to him  im der th at section; ,30(ct) a special court may, upon a perusal of police report of the facts constitutm g an  offence under tins a ct or upon a com­plaint m ade by an officer of the central g overnm ent or a slate g ovenunent authorised in this behalf, take cogmzance of that offence w ithout the accused being com m itted to it for trial352 of 19743 of 197440x2) w hen trying an offence under this act, a special court m ay also try  an offence other th an  an offence im der this act, w ith w hich the accused may, under the code of crim inal procedure, 1973, be charged at the same tri^ 'o(3) l^othing contained in this section shall be deemed to affect the special powers of the high c ourt regarding bail im der section 43d of the code of criminal procedure, 1973 and the high court m ay exercise such powers including the pow er imder clause (b) o£ sub»section (j) of th at section as if the reference to '"m agistrate" in th at section included also a reference to a "special court'' con­stituted vmder section 36-45appealandrevision2 of 1974,36b the high court m ay exercise, so far as may be applicable, all the powers conferred by chapters x xix and x x x -of the code of crim inal procediure, 1973, on a high court, as if a special court within, the local lim its ol the juriidiction of the high court w w e a c ourt of sessions trying cases w ithin th e local lim its of th e jurisdic­tion of the high court2 of 1974applica tion of code to proceed­ings before a special court3bc save as otherw ise proviaed in this act, the provisions of the code of crim inal procedure, 1973 (including the provisions as to bail and bonus) snail apply to tne proceedings before a  special court and lor tne purposes oi tjae said provisions, the special c ourt snali d6 aeem ed to oe a c ourt of sessions and the person conducting a prosecution oeiore a bpecial court, sjiail be deem ed to be a public prosecutortransi­tionalprovi­sions    36d (i) a ny offence com m itted under this a ct on or after the jq com m encem ent of the n arcotic d rugs and psychotropic substances (amenoment) act, 19^8, until a special com't is constituted under section 36, snail, notw ithstanding anything contained in  the code of c rim inal procedure^ 1973, be tried by a court of session:                                                                                   2 of 1974   p rivided th at offences punishable under sections 26, 27 and 32 j 5 m ay be tried sum m arily      (2)                   n othing in sub-section (1) shall be construed to require the transfer to a special court of any proceedings in relation                                                                                     to                                                                                          an offence taken congnizance of by a c ourt of session under the said sub-section (1) and the sam e shall be heard and disposed of by the 20 c ourt of session''   12           for scsction 37 of th e principal act, the following section shall be substituted, nam ely:—substitu­tion of tiew section forsection872 of 1974    ''37 (i) n otw ithstanding anything                                            contained in the code oi c rim inal procedure, 1973,—                                                                        ^ 25   (a) every offence punishable under this act shall be cogni­zable;offencesto be cogni­zable and non-bail- ablle    (b) no person accused of an offence punishable for a  termof im prisonm ent of five years or more under this a ct shall b released on bail or on his ow n bond u n le ss^                                                                 30   (i) the public prosecutor has been                                         given  an oppor­tunity to oppose the application for such release, and      (ii) w here the public prosecutor oppose'ihe applica- , tion, the court is satisfied th at there are reasonable grounds for believing th at he is not guilty of such offence and th a t 35  he is not likely to com m it any offence w hile on bail(2)            the limitations! on granting of bail specified in clause (b) of 2 of 19743ub-sectipn (1)                     are in addition to the lim itations under the code of c rim inal procedure, 1973 or any other law  for the tim e being in force on granting of b a il"                                                                                4q    13            in  section 48 of the principal act, after                                                         the w ords "s tate gov­ernm ent", the w ords and figures "or any                                                officer of a gazetted                                                                        rank em powered under section 42" shall be inserted                                                         ,amend, ment of section 4652a ( i)  tile c entral governm ent may, having regard to the disposal hazardous n ativ e of any narcotic drugs or psychotropic substances, of their vulnerability to theft^ substitution, constraints of proper sto- seized rage space or any other relevant considerations, by notification pub- narcotic lished in  the official gazette, specify such narcotic drugs or psychotropic substances or class of iiarcotic drugs or class of such psychotropic psycho 10 substances vdiich shall, asi soon as m ay ha after th eir seizure, be tropic disposed of by such officer and in such m anner as that g overnm ent sub m ay, from  tim e to tim e, determ ine after following the procedure stances, hereinafter specified(2) w here any narcotic drug or psychotropic substance has been seized and forw arded to the pfficer-in-charge of the nearest police 15 station or to the officer em powered under section the officer referred to in sub-section (1) shall ^ e p a re  an inventory of such narclotic drugs or psychotropic substances containing such details relating to their description, quality, quantity, mode of packing, m arks, num bers or such other identifying particulars of the narcotic 20 drugs or psychotropic substances or the packing in which they are packed, country of origin and other particulars as the officer referred to in sub-section (1) m ay congjder relevant to the identity of the narcotic drugs or psychotropic substances in any proceedings under this act and m ake an application, to any m agistrate for the purpose25(a) certifying the correctness of the inventory so prepared;o r(b) taking, in the presence of such m agistrate, photographs of such drugs or substances and certifying such photographs as30(c) allow ing to draw  representative samples of such drugs or substances, in the presence of such m agistrate and certifying th e  correctness of an y  list of sam ples so drawn(3) w here an application is m ade under sub-section (2), the m agistrate shall, as soon as m ay be, allow  the application^ (4) n otw ithstanding anything contained' in  the indian evidence1 of 1872 or the code of crim inal procedure, 1973, every court trying<rf 1974 offence u n d e r th is act, shall tre a t the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples ^  draw n under s'ub-section (2) and certified by the m agistrate, as prim ary evidence in  respect of such offence"15 a fter section 53 of the principal act, the following section shall be inserted, nam ely:— section53ai"53a (1) a statem ent made and signed by a person before any b elevan cy ' of state-45 officer em powered under section 53 for the investigation of offences, during the course of any enquiry or proceedings by such officer, shall under be relevant fo r th e  p u rp o se of proving, in any prosecution for an offence the tru th  of the facts w hich it contains,—  stances[{b) w hen th e  person w ho m ade the statem ent is dead or cannot be found, or is incapable of giving evidence^ or is kept out of the way by the adverse party, or whose presence cannot be obtained w ithout an am ount of delay or expense which, under the circum stances of the case, the court considers unreasonable; 5 or(b) w hen th e person w ho m ade the statem ent is exam ined as a w itness in th e case bef9re th e court and the court is of th e opinion that, having regard to the circum stances of the case, the statem ent should be adm itted in evidence in the interest of 10 justice(2) the provisions of sub-section (1) shall, so far as m ay be, apply in relation to  any proceedings under this a ct or the rules ot orders made thereunder, other than a proceeding before a court, as they apply in relation to a proceeding before a court'' 1516, in  section 59 of the principal act, for sub-section (2), th e fouowm g sub-section shall be substituted, nam ely: —amend, ment of section 59' (2) a ny officer on whom any duty has been imposed by or under this act or any person who has been given the custody of,—(a) a n y  addict; o r 20(b) any other person w ho has been charged w ith an offence under this act, and w ho w ilfully aids in, or connives at, the contravention of any provision of this a ct or any rule or order m ade thereunder, shall be punishable w ith rigorous im prisonm ent for a term  w hich shall not 25 be less than ten years but w hich m ay extend to tw enty years, and shall also be liable to fine which shall not be less than one lakh rupees but which m ay extend to two lakh rupeeseocplanation—for the purposes of this sub-section, the expres­sion "officer" includes any person em ployed in a hospital or insti- 3qtution m aintained or recognised by the g overnm ent or a local authority under section 64a for providing de-addiction treatm ent'17 a fter section 64 of the principal act, the following section shall be inserted, nam elv: —3540insertion of new section 64aimmunity from prosecu­tion to addicts volun­teering for treat­ment''64a a ny addict, who is not charged w ith an^y offence punish­able under sections 15 to 25 (both inclusive) or section 28a, who voluntarily seeks to undergo m edical treatm ent for de-toxificatiou or de-addiction from  a hospital or an institution m aintained or re­cognised by the g overnm ent or a local authority and undergoes such treatm ent shall not be liable to prosecution under section 27 once in his lifetim e:provided th at the said im m unity from, prosecution m ay be w ith­draw n if the addict does not undergo the com plete treatm ent for de­toxification or de-addiction"18 section 65 of the principal act shall be omitted45omis­sion of section 651 a fter c hapter v of th e principal act, the following c hapter shall be inserted, nam ely: —insertion of new chapter va f orfeiture of prophrty derived fro m , of used in , illictt traffic68a (1) t he provisions of this chapter shall apply only to the applicapersons specified in sub-section (2) tion5 (2) the persons referred to in sub-section '(1) are the follow­ing, nam ely; —(a) every person who has been convicted of an offence punishable under this act w ith im prisonment for a term  of five , years or more; ___10 (^) every person who has been convicted of a sim ilaroffence by a com petent court of crim inal jurisdiction outside india; ,(c) every person in respect of whom an order of detention has been m ade under the prevention of illicit traffic in narcotic46 of 1988 15 drugs and psychotropic substances act, 1988, or under j & k the jam m u and k ashm ir prevention of illicit traffic in narcetic act drugs and psychotropic substances act, 1988:xxiiiprovided that such order of detention has not been revoked on the report of the advisory board constituted under the said 20 act or such order of detention has not been set aside bya court of com petent jurisdiction;(d) every person who is a relative of a person referred to in clause (tt) or clause (b) or clause (c );(e) every associate of a person referred to in clause (a) or25 clause (b) or clause (c);(/) any holder (hereafter in this clause referred to as the '•present holder") of any property which was at any tim e pre­viously held by a person referred to in clause (o) or clause (b) or clause (c) unless the present holder or, as the case may be,2q any one who held such property after such person and before thepresent holder, is or was a transferee in good faith for adequate consideration i68b in this chapter, unless the context otherw ise requires^— defini­tions(a) "appellate tribunal'' m eans the appellate tribunal for forfeited p roperty constituted under section 68n;(b) "associate" in relation to a person whose property is liable to be forfeited under this chapter, means—(i) any individual who had been or is residing in the residential premises (including out-houses) of such person;(ii) any individual w ho had been or is m anaging the affairs or keeping the accounts of such person;(iii) any association of persons, body of individuals, p art­nership firm, o r private com pany w ithin the m eaning of the companies act, 1956, of w hich such person had been or is a 5 j of 1955 m em ber, p artn e r or director;(i:j) any individual who had been or is a m em ber, p art­n er or director of an association of persons, body of indivi­duals, partnership firm  or p rivate com pany referred to in sub-clause (iii) at any tim e w hen such person had been or 10 is a m em ber, p artn e r or director of such association, body, partnership firm  or private com pany;(v) any person, who had been or is m anaging the affairs, or keeping the accounts, of any association of persons, body of individuals, partnership firm or private com pany 15 referred to in sub-clause (iii);(ui) the trustee of any trust, w here,—(1) the tru st has been created by such person; or(2) the value of the assets contributed by such person (including the value of the assets, if any, contri- 20 buted by him  earlier) to the tru st am ounts, on the date on w hich contribution is made, to not less than tw enty per cent, of the value of the assets of the tru st on th at date; ,(vii) w here the com petent authority, for reasons to be 25 recorded in w riting, considers th at any properties of such person are held on his behalf by any other person, such other person;(c) "eom petsnt authority" m eans an officer of the c entral g overnm ent authorised by it under section 68d;30 (d) "concealm ent'' m eans the conceahnent or disguise of the nature, source, disposition, m ovem ent or ow nership of pro­perty and includes the m ovem ent, or conversion of such property by electronic transm ission or by any other m eans;(e) "freezing'' m eans tem porarily prohibiting the transfer, 35 conversion, disposition or m ovem ent of property by an order issued under section 68f;(/) "identifying" includes establishm ent of proof th at the property was derived from, or used in the illicit traffic;(g) "iuegally acquired property", in relation to any person to 40 whom  this c hapter applies, means,—(i) any property acquired by such person, w hether before or after the com m encem ent of this chapter, w holly or partly out of o r by m eans of any income, warnings or assets derived or obtained from  oiv attributable to illicit traflsc; or 45(ii) any property acquired by such person, w hether before or after the commencement of this chapter, for a con­sideration, or biy any m eans wholly or partly traceable to any property referred to in sub-clause (i) or the income or earning from  such property,, and includes— i10{a) any property held by such person which would have been, in relation to any previous holder thereof, ille­gally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person w ho held the property at any tim e after such previous holder or, w here there are two or more such pre­vious holders, the last of such previous holders is or was a transferee in good faith for adequate consideration;15(b) any property acquired by such person, w hether before or after the commencement of this chapter, for a con­sideration, or by any means, w holly or partly traceable to any property falling under item  ( a ) ,  or the income ®r earnings therefrom ;20(h) "property" m eans propertyr and assets of every des­cription, w hether corporeal or incorporeal, movable or immovable^ tangible or intangible and deeds and instrum ents, evidencing title to, or interest in, such property or assets derived from, or used in, the illicit traffic;(i) "relative" m eans— '250 )  spouse of the person;(2) brother or sister of the person;(3) brother or sister of the spouse of the person;(4) any lineal ascendant or descendant of the person;30(5) any lineal ascendant or descendant of the spouse of the person;(6) spouse of a person referred to in sub-clause (2), sub-clause (3), sub-clause (4) or sub-clause (5);(7) any lineal descendant of a person referred to in sub-clause (2) or sub-clause (3);3-5(j) "tracing" m eans determ ining the nature, source, dispo­sition movement, title or qw nership of p r< ^ rty ;(jc) "trust" includes any-other legal obligation4068c (i) as from  the commencement of this chapter, it shall not be law ful for any person to whom this chapter applies to hold any illegally acquired propertiy either by himself or through any other person bn his behalfprohibition ofholdingillegally acquiredproperty(2) w here any person holds any illegally acquired property in contravention of the provisions of sub-section (i), such property shall be liable to be forfeited to the c entral g overnm ent in accord­ance w ith the provisions of this c hapter:provided th at no property siiall be forfeited under this c hapter 5 if such property was acquired by a person to whom  this a ct applies before a period of six years from  the date on w hich he was charged for an offence relating to illicit trafficcompetentauthority68d (i) the c entral g overnm ent m ay, by order published in the official g azette, authorise any collector of customs or collector 10 of c entral excise or com missioner of incom e-tax or any other officer of th e c entral g overnm ent of equivalent rank to perform  the func­tions of the com petent authority under this chapter(2) the com petent authorities shall perform  their functions in respect of such persons or classes of persons as the c entral govern- 15 m ent m ay, by order, directidenti­fyingillegallyacquiredproperty68e il) every officer em pow ered under section 53 and every officer-in-charge of a police station, shall, on receipt of inform ation th at any person to whom  this c hapter applies has been charged w ith any offence punishable under this act, w hether com m itted in india 20 or outside, proceed to take all steps necessary for tracing and identi­ fying any property illegally acquired by such person(2) the steps referred to in sub-section (1) m ay include any inquiry, investigation or survey in respect of any person, place, pro­perty, assets, docum ents, books of account in any bank or public 25 financial institution or any oth er relevant m atters(3) a ny inquiry, investigation or survey referred to in sub­section (2) shall be carried out by an officer m entioned in sub­section (1) in accordance w ith such directions or guidelines as the com petent authority maiy m ake or issue in this behalf 30seizure or free­zing of illegally acquired property68f (1) w here any officer conducting an inquiry or investiga­tion under section 68e,has reason to believe th a t any property in relation to w hich such inquiry or investigation is being conducted ia an illegally acquired property and such property is likely to be con-> cealed, transferred or dealt w ith  in any m anner w hich w ill resu lt in  35 frustrating any proceeding relatin g  to forfeiture of such property under this c hapter, he m ay m ake an order for seiring such property and w here it is not practicable to seize such property, he m ay m ake an order th at such property shall not be transferred or otherw ise dealt w ith, except w ith th e prior perm ission of the officer m aking such 40 order, or of the com petent authority and a copy of such order shall be served on the person concerned:provdded th at the com petent authority shall be duly inform ed of any order m ade under this sub-section and a copy of such an order shall be sent to the com petent authority w ithin forty-eight hours of 45 its being made(2) a ny order m ade under sub-section (1) shall have no effect unless the said order is confirmed by an order of the com petent authority w ithin a period of th irty  days of its being madee ^lanation— ^for the purposes of this section, "transfer of pro­p erty '' mfeans any disposition, conveyance, assignment, settlem ent, delivery, paym ent or other- alienation of property and, without lim it­ing the generality of the foregoing, includes—(a) the creation of a tru st in property;(b) the grant or creation of any lease, mortgage, charge, easem ent, licence, power, partnership or interest in property;10(c) the exercise of a power of appointm ent of property vest­ed in any person, not the owner of the property, to determ ine its disposition in favour of any person other than the donee of the pow er; and(d) any transaction entered into by any person w ith intent thereby to dim inish directly or indirectly the value of his own property and to increase the value of the property of any other person | f1568g (1) the c entral governm ent may, by w der publisihed in the official gazette, appoint as m any of i(s officers (not below the rank of a joint secretary to the g overnm ent) as it thinks pt to per­form the functions of an adr^sinistrator20manage­ ment of proper­ties seized or forfei­ted under this chapter(2) the a dm inistrator appointed under sub-section (i) shall receive and m anage the property in relation to which an order has been made under sub-sectiotn (1) of section 6 8f or under section 681 in such m anner and subject to such conditions as may be prescribed(3) the a dm inistrator shall also take such measures, as the can,- 2 5  tral g overnm ent m ay direct, to dispose of the property which is for­feited to the central governmentnotice of forfei­ture of property3035406 8h (1) if, having regard to the value of the properties held by any person to whom this chapter applies, either by him self or through any ©ther person on his behalf, his known sources of income, earnings or assets, and any other information or m aterial available to it as a result of a report from any officer m aking an investigation under section 6 8e or otherwise, the com petent authority has reason to believe (the reasons for such belief to be recorded in w riting that all or any of such properties are illegally acquired properties, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him  w ithin a period of thirty days specified in the notice to indicate the sources of his income, earnings or assets, out of w hich or by means of w hich he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause w hy all or any of such properties, as the case m ay be, should not be declared to be illegally acquired pro­perties and forfeited to the central governm ent under this chapter45(2) w here a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person681 (i) the com petent authority m ay, after considering the explanation, if any, to th e show-cause notice issued under section foifeiture of property in cer­tain cases6 8 h, and the m aterials available before it and after giving to th e person affected (and in  a case w here the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding w hether all or any of the properties in ques­tion are illegally acquired properties::o15p rovided th a t if the person affected (and in a case w here the person affected holds any property specified in  the notice through any other person such other person also) does not appear before the com petent authority or represent his case before it w ithin a period of th irty  days specified in  the slipw-cause notice, th e com­p etent authority m ay proceed td  record a finding under this sub­section ex parte on th e basis of evidence available before it(2 ) w here the com petent authority is satisfied th at some of the properties referred to in the show-cause notice are illegally acquired properties b u t is n o t able to identify specifically such pro­perties, then, it shall be law ful for the com petent authority to specify the properties w hich, to the best of its judgm ent, are illegally 2 0  acquired properties and record a finding accordingly u n d er sub­section (2)(3) w here the com petent a'uthority records a finding xinder this section to the effect th a t any property is illegally acquired property, it shall declare th a t such property shau, subject to th e provisions 25 of this c hapter, stand forfeited to the c entral g overnm ent free from  all encum brances1 of 1956(4) w here any shares in  a com pany stand forfeited to th e cen­tral g overnm ent under this c hapter, then, th e com pany shall, not- \vithstanding anything contained in  th e com panies act, 1956 or the 3 0  articles of association of the company, forthw ith register the cen­tral g overnm ent as th e transferee of such shares6 8 j in any proceedings under this c hapter, the burden of prov­ing th at any property specified in th e notice served under section burden of proof6 8h  is not illegally acquired property shall be on the person affect 35fine in lieu of forfel  ture6 8k (1) w here the com petent authority m akes a declaration th a t any property stands forfeited to the c entral g overnm ent under section 681 and it is a case w here th e source of only a p art of- the illegally acquired property has n o t been proved to the satisfaction of th e com petent authority, it shall m ake an order giving an option 40 to the person affected to pay, in lieu of forfeiture, a fine equal to the m ark et value of such part(2) before m aking an order imposing a fine under sub-section(7 ), the person affected shall be given a reasonable opportunity of being heard 4 5(3) w here the person affected pays th e fine due im der sub­section (1), w ithin such tim e as m ay be allowed in th at behalf, the com petent authority may, by order, revoke th e declaration of for­feiture im der section 681 and thereupon such property shall stand released proce­dure sa relationtocertaintrustproper­ties106 8 l in the case of any person referred to in sub-clause (ui) of clause (b) of section 6 8 b, if the competent authority, on the basis of the inform ation and m aterials available to it, has reason to believe (the reasons for such belief to be recorded in w riting) that any property held in trust is illegauy acquired property, it may serve a notice upon the author of the trust or, as the case m ay be, the contributor of the assets out of or by means of which such pro­perty was acquired by the trust and the trustees, calling upon them  w ithin a period of thirty days specified in the notice, to explain the source of money or other assets out of or by means of which such property was acquired or, as the case may be, the source of m oney or other assets which were contributed to the tru st for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 6 8h and all the other provisions of this c hapter shall apply accordingly15explanation—for the purposes of this section "illegally acquired property'', in relation to any property held in trust, includes—20(i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the triist would have been illegally acquireli property in rela­tion to such author or contributor;(ii) any property acquired by the trust out of any contri­butions m ade by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions25306 8m w here after the m aking of an order under sub-section (i) of section 6 8f or the issue of a notice under section 6 8h or under section 6 8l, any property referred to in the said order or notice is transferred by any mode whatsoever such transfer shall, for the and purposes of the proceedings under this chapter, be ignored and if voi4  such property is subsequently forfeited to the central governm ent under section 681, then, the transfer of such property shall be deem­ed to b« null and void^5thth k  appallat tribunal4068n (1) the central goveronieut may, by notification in official gazette, constitute an appellate tribunal to be called a i^ lla te  tribunal for forfeited property consisting^ at a cihairanan and such number of other members (being officers 0|f tke centiral government not below the rank of a joinf secretary to the govern­m ent) as the central government thinks fit, to bet appointed by that government for hearing appeals against the orders i made imdw section 68f, section 681, sub-section' (1) of section 88k or section 68l /(2) the chairman of the appellate tribunal shall be a) person who is or has been or is qualified to be a judge of the supreme court or of a high court45 •(3) the terms and conditions of service of th chairmab other members shall be such as may be pi^e«cribdand680 (1) any person aggrieved by an order of the com petent authority m ade under section 6 8 f section 681^ sub-section (1) of section 6 8 k or section 6 &l m ay w ithin forty-five days from  the date on which the order is served on him, prefer an appeal to the a ppellate t ribunal: 5fixdvided ;hal the a ppellate t ribunal iiiiiy eniertain an appeal a lte r the said period of forty-five days, but not after sixty days, trom the date ai'uresaid if it is satisfied th at the appellant was prevented by sufficient cause from  filing the appeal in tim e(2) on receipt of an appeal under sub-section (i), the a ppellate jq t ribunal may after giving an opportunity to the appellant to be heard, if he so desires, and after m aking such fu rth er inquiry as it deems fit, confirm, m odify or set aside the order appealed against(3) the powers and functions of the a ppellate t ribunal m ay be exercised and discharged by benches consisting of three m em - 15 bers and consiiiuted by the c hairm an of t]ie a ppellate tribunal{4) n orw ithstanding an^^thing contained in sub-section (3), w here the c hairm an considers it necessary so to do for the expedi­tious disposal of appeals under this section, he m ay constitute a bencii of tv'o m em bers and a bench so constituted m any exercise 2 0  and discharge the powers and functions of the a ppellate tribunal:provided that if the membi^rs of a bench so constituted differ on any point or poinis they shall state the point or points on which they differ and refer the same to a third m em ber (to be specified by the chairmsan) for hearing of such point nr points and such 25 point or points shall be decided according to the opinion of th at m em ber(5 ) the a ppellate tribunal m ay regulate its own procedure(6 ) on application to the a ppellate t ribunal and on paym ent of the prescribed fee the t ribunal may allow a party to any appeal 30 or any person authorised in his behalf by such party to iri^pect at any tim e during office hours, any relev^ant records and registers of the t ribunal and obtain a certified copy of any part thereofc8 p no notice issued or served, no declaration made, and no order passed, under this c hapter shall be deemed to be ihvalid by 3 5  reason of any error in the description of the property or person men­tioned therein if such property or person is identifiable from the description so m entionednotice of order not he invslicl for error in deccrlplionbar of juricdlction68q, no order passed or declaration made under this chap{?er shall be appealawe except as provided therein and ne civil court 40 shall have jurisdiction in respect of any matter which the appellate tribunal or any competent authority is empowered by or under this chapter to determine, and no injunction shall be grsintcd by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this chapter\it 190868r the competent authority and the appellate tribunal shall have all the powers of a civil court while trying a suit under the code of civil procedure, 1908 in respect of the following matters, namely: —| (a) summoning and enforcing the attendance of any person   |     ||------------------------------------------------------------|-----|| and examining him on oath;                                 |     || compe-                                                     |     || 1 ent sutho,                                               |     || rity and                                                   |     || appellate                                                  |     || tribunal                                                   |     || to hsve                                                   |     || power                                                      |     || of civil                                                   |     || court                                                     |     |10(b) requiring the discovery and production of documents;(c) receiving evidence on affidavits;(d) requisitioning any public record or copy thereof from any court or office;(e) issuing commissions for examination of witnesses or documents;15(/) any other matter ^hich may be prescribed| i?uormir>-   |     ||---------------|-----|| tion to       |     || compe­         |     || tent          |     || authority    |     |2068s (i) notwithstanding anything contained in any other law, the competent authority shall h ave power to require any officer or authority of the central government or a state government or a local authority to furnish information in relation to such persons, points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of this chapter25(2) every officer referred to in j^^ection 68t may furnish suo motii any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this chapter68t for the purposes of any proceedings under this chapter, the following officers are hereby empowered and required to assist the administrator appointed under section 68g competent authority and the appellate tribunal, namely: —30(a) officers of the narcotics control bureau;(b) officers of the customs department;ceriain officcr? to assist adminis­ trator ' compe­tent autho­rity and appellats tribunal(c) officers of the central excise department;(d) officers of the income-tax department;<6 of 197335| (e) officers                                             | of enforcement appointed           | under the                                    | foreign   ||----------------------------------------------------------|------------------------------------|----------------------------------------------|-----------|| exchange regulation act 1973;                           |                                    |                                              |           || (f) officers of police;                                  |                                    |                                              |           || (g) officers                                             | of the narcotics departnient;      |                                              |           || (h)                                                      | officers                           | of the central economic intelligence bureau: |           || (i) officers of the directorate of revenue intelligence: |                                    |                                              |           || 40                                                       |                                    |                                              |           || (j)                                                      | such other officers of the central | or state government                          |           || as are specified by the central                          | government in this behalf by       |                                              |           || notification in the official gnzette                    |                                    |                                              |           | power to takesioa68u (1) w here any property has been declared to be forfeited to the central governm ent under this chapter, or where the person affected has failed to pay the fine due under sub-section (i) of section 68k within the time allowed therefor under sub-section (3) of that section, the competent authority msgr order the person affected 5 as well as any othe/ person who may be in possession of the proparly to surrender or deliver possession thereof to the adm inistrator appointed under section 68g or to any person duly authorised by him in this behalf within thirty days of the service of the order(2) if any person refuses or fails to comply w ith an order m ade 10undo: sub-section (1) the adm inistrator may take possession of the property and may for that purpose use such force as may be necessary !(3) notwithstanding anything contained in sub-section (2), the adm inistrator may, for the purpose of taking possession of any 15 property referred to in sub-section (j), requisition the service of any police ofbcer to assist him and it shall be the duty of such ofi^cer to comply uhth such requisitionitoctifl oktiob  of ■datakea66v w ith a view to rectifying any m istakes apparent from  record, the competent authority or the appellate tribunal, as the case 20 m ay be, m ay amend any order m ade by it within a period of one year from  the date of the order: 1provided that if any such amendm ent is likely to affect any persons prejudicially, it shall not be made without giving to such person a reasonable opportunity of being heard ' 2568w no finding of any officer or authority under any other law shall be conclusive for the purposes of any proceedings under this chapter ' 'fiadib4i uad«r a&m la-w» aot cqdcsufor l^ocmda v usdtr thv figx any notice or order issued or made under this chapter shall be served— 30sfervicof boticeg u d ofd«r»(a) by tendering the notice or order or sending it by regis­tered post to the person for whom it is intended or to his agent;(b) if the notice or order cannot be served in the provided in clause (a), by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or 35 m ade or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain88y, any person who knowingly acquired, by any mode whatso­ever, any property in relation to which proceedings are pending under this chapter shall be punishable'with imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees' punish­mentforacquiring property in rela­ tion to which proceed­ings iiave been taken under thischapter20 after section 74 of the principal act,' the following section shall b« inserted, nam ely:—inser­tion of new section 74a10"74a the central govemrnent may give such directions as it m ay 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"power of cen­tral govment to give direc­tions21 in section 76 of the principal act, in sub-section (2), after clause(d), the following clauses shall be inserted, namely: —ameadment of section 76"(da) the manner in which and the conditions subject to which15 properties shall be managed by the administrator under sub-section(2) of section 68g;(db) the terms and conditions of service of the chairman and other members of the appellate tribunal under sub-section (3) of section 68n;20 (dc) the fees v/hich shall be paid for the inspection of the recardsand registers of the appellate tribunal or for obtaining the certified copy of any part 4;hereof under sub section (6) of section 680;(dd) the powers of a civil court that m ay be exercised by the competent authority and the appellate tribunal under clause (/) of25 section 68r;(de) the disposal of all articles or things confiscated under this act; '(df) the drawing of samples and testing and analysis of such samples;30 (dff) the rewards to be paid to tbe officers, informers and otherpersons;"22 in the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976, after section 2, the follov/ing section shall be inserted, nam ely:—amend­ment of act 13 of 1976"2a on and from the commencement of the provision of chapter va of the narcotic drugs and psychotropic substances act, 1985, the provisions of this act shall not apply to persons in relation to whom any order, or proceeding, may be made or taken under that chapter  personsin recent j-ears, india has been facing a problem of transit traffic :ii illicit drugs the spill-over from such traffic has caused problems of obuse and addiction the narcotic drugs and psychotropic substanc­es act, 1985 provides deterrent punishments for drug trafficking offences- e^•en though the major offences are ncn-bailable by virtue of the level of punishments, on technical grounds, drug offenders were being released on bail in the light of certain difficulties faced in the enforcement of the narcotic drugs and psychotropic substances act^ 1985, the need to amend the law to further strengthen it, has been felt2 a cabinet sub-committee which was constituted for combating drag traffic and preventing drug abuse, also made a number of recom­ mendations for strengthening the existing law in the light of the re­commendations of the cabinet sub-committee and the worldng of the narcotic drugs and psychotropic substances act, in the last three years, it is proposed to amend the said act these amendments, inter alia, provide for tlie following:—(i) to constitute a national fund for control of drugs abuse to meet the expenditure incurred in connection with the measures for combating illicit traffic and preventing drug abuae^,(ii) to bring certain controlled substances which are used for manufacture of narcotic drugs and psychotropic substances under the ambit of narcotic drugs and psychotropic substances act and to provide deterrent punishment for \dolation thereof;(iii) to provide that no sentence awarded under the act shall be suspended, remitted or commuted;(tr) to provide for pre-trial disposal of seized drugs; (r) to provide death penalty on second conviction in respect of specified offences invohang specified quantities of certain drugs;(ri) to provide for forfeiture of property and a detailed proce­dure relating to the same; and(vii) to provide that the offences shall be cognizable and non- bailable 3 the bill seeks to achieve the above objectivesn e w  d el m ;, a jit kumar panjathe 29th novemher, 1988 presidents recommendation under article 117 of the constitution of india[copy of letter no 664/37/88-opium, dated the 25th november, 1988 from shri ajit panja, minister of state in the department of revenue in the ministry of finance to the secretary-general lok sabha]the p r e sid e n t, having been informed of the subject patter of the proposed dill to amend the narcotic drugs and psychotropic substances act 1985, recommends under clause (3) of article 117 of the constitution, considevation of the above bill in lok sabhaclause 4 of the bill contains a provision under which the central government may, by notification in the official gazette, constitute a fund to be called "national fund for control of drug abuse" the central government may constitute a governing body as it thinks fit to advise that government in regard to the application of the fund an annual report giving an account of the activities financed by the fund together with a statement of accounts is also required to be published by the central government after the end of each financial year the fund is to be constituted by an amount credited to it, after due appropriation made by parliament, by law some secretarial assistance will be needed to carry out the v/ork relating to the fund it is not possible at this stage to visualise the nature and quantum of expenditure which may be involved in the creation and operation of the fund however, this will involve an estimated expenditure of about 5 lakh rupees per annum2 clause 6 of the bill envisages regulating by licence, permits or otherwise, the production, manufacture^ possession, transport, etc, of any controlled substances, by an order issued under that section by the central government it is proposed to enforce the order through the existing machinery therefore, no additional expenditure wiu be in­volved on this account3 clause 11 of the bill provides for the constitution of special courts by the central government or the state governments and also for appointment of judges to those courts the expenditure towards the setting up of special co'orts by the stale governments and towards falaries and allowances of the judges will be defrayed out of the consolidsted fund of the states the expenditure towards the setting up of special courts by the central government will be ciade out of the con­ solidated fund of india it is not possible to visualise the expenditure involved for establishing special courts by the central government however, it will involve an estimated expenditure of about 35 lakh lupees per annum4 clause 14 of the bill, inter alia, provides for disposal of seized narcotic drugs or psychotropic substances which may be specified by a notification by the central government it is proposed to implement this provision through the available machinery therefore, no additional expenditure will be involved on this account5 clause 19 of the bill provides for insertion of a new cliapter relat­ing to forfeiture of property derived from, or used in, illicit traffic in narcotic drugs or psychotropic substances the central government is required to authorise certain officers to exercise the powers and functions of competent authority, appoint certain officers not below the rank of joint secretary, to receive and manage srach property as may be seized, frozen or forfeited it also envisages the constitution of an appellate , tribunal for forfeited property it is proposed to combine the offices of competent authority and that of administrator and create necessary infrastructure as regards the tribunal, the smugglers and foreign exchange manipulators (forfeiture <>f property) appellate tribunal under the income-tax department, is proposed to be utilised for the pmpose of this clause as regards the other posts and the necessary secretarial assistance "that would be required in the ministry of finance (department of revenue), the same is proposed to be created the total recurring expenditure expected to be incurred oh the creation of infrastructure for enforcing the provisions relating to forfeiture of property and the operation of the national fund for control of drug abuse is not likely to exceed 47 lakh rupees in addition, a non-recurring expenditure of aborat 1 crore rupees may have to be incurred6 the bill does not involve any other expenditure of a recurring or non-reourring nature'clause 21 of the bill seeks to amend section 76 of the act empowering the central government to make rules regarding—(i) the manner in which and the conditions subject to which property shall be managed by the administrator under sub-section(2) of section 68g;(ii) the terms and conditions of service of the chairman and other members of the appellate tribunal under sub-section (3) of section 68n;(iii) the fees which shall be paid for the inspection of the records and register of the appellate tribunal or for obtaining certified copy of any part thereof under sub-section (6) of section 63-0;(iv) the powers of a civil court that may be exercised by the competent authority and the appellate tribunal under clause (f) of section 68r;(v) the disposol of all articles or things confiscated under ilie act;(vi) the drawing of samples and testing and analysis of such samples; and(vii) the rewards to be paid to the officers, informers and other persons2 the matters with respect to which rules may be made under the aforesaid provisions are matters of procedure and detail the delegation of legislative power contained in such provisions, is, therefore, of a normal character annexuree xtracts from the n arcotic d rugs and p sychotropic s ctbstances a ct, 1985(61 of 1985)an act to consolidate and amend the law relating to naicotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances and for matters connected therewith2 in this act, unless the context otherwise requires,— chapter iii prohibrnon, control and reguijktion8 no person shall—(a) cultivate any coca plant or gather any portion of cocs plant;or prohibi­tion of cenain operatiom(b) cultivate the opium popy 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, exr;ept 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 require­ ment by way of licence, permit or authorisation also in accordance with the terms and conditions cf such licenco, permit or authorisation:provided that, and subject to the other provisions of this act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, transport, warehousing, import inter­state and export inter-state of ganja for any purpose other than medi­cal and scientific purpose shall take effect only from the date which the central government may, by notification in the official gazette, specify in this behalfoifenccs to tried sumtnarily36< notwithstanding anything contained in the code of criminal 2 o f ] §74 procedure, 1973, any offence punishable under sections 26, 27 and 32 of this act may be tried summarily by a magistrate of the first classoffences to be cogniz­ able2 of 1974                     37 notwithstanding anything contained in the code of criminal                procedure, 1973, every offence punishable                                                                            under                                                                                      this                                                                                              act                                                                                                      shall                                                                                                               be                cognizable                                         »| p ow er of   |     ||--------------|-----|| atiachment   |     || of crop      |     || illegally    |     || cultivated  |     |48 any metropolitan magistrate, judicial magistrate of the first class or any magistrate specially empowered in this behalf by the state gov­ernment 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 fit59 (1)                        -                                   -                                       ♦                                                   -| rail lire of   |     ||----------------|-----|| officer in     |     || duty or        |     || his conni-     |     || vaikre at      |     || the contra­     |     || vention af     |     |(2) any officer on whom any duty has been imposed by or under this act and who wilfully aids in, or connives at, the contravention of any provision of this act or any rule or order made thereoinder, shall be punishable with imprisonment for a term which may extent to five years and shall also be liable to fineth e p^rovisicmjs of this act65 in connection with offences against rules which under this act fall to be made by the state government, the state government and in connection with other offences, the central government, may make rules to regulate—| power to     |     ||--------------|-----|| make rules   |     || regulating   |     || di^josal of  |     || confiscated  |     || articles and |     || rewards     |     |(a) the disposal of all articles or things confiseated under this act; and(b) the rewards to be paid to the officers, informers and other persons cut of the proceeds of fines and confiscations under this act76 (1)(2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:power of o ntral govern­ment to make riitcs a billto amend the narcotic drugs and psychotropic substances act, 1§85(shri ajit panja, minister oj state in the department of reoe^me in the ministry of finance,)