 bill, 1985 arrangement of clauses chapter i preliminary cuusi!'s1 short title, extent and commencement 2 definitions 3 power to add or to omit from the list of psychotropic substances  chapter ii authorities and officers4 central government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc 5 officers of the cedtral government 6 the narcotic drugs and psychotropic substances consultative committee 7 offic:rs of state government  chapter iii prohibition control and regulation8 prohibition of certain operations 9 power of central government to permit, control and regulate 10 power to state government to permit, control and regulate 11 narcotic drugs and psychotropic substances, etc, not liable to distress or attachment 12 restrictions over external dealings in narcotic drugs and psychotropic substances 13 special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent 14 special provision relating to cannabis  chapter iv offences and penalties15 punishment for contravention in· relation to poppy straw 16 punishment for contravention in relation to cocil plant and coca  leaves 17 punishment for contravention in relation to prepared opium  clauses18 punishment for contravention in opium relation to opium poppy and 19 punishment for embezzlement of opium b): cultivator 20 punishment for contravention in relation to cannabis plant and cannabis 21 punishment for contravention in relation to manufactured drugs and preparations 22 punishment for contravention in relation to psychotropic substances 23 punishment for illegal import into india, export from india or transhipment 'of narcotic drugs and psychotropic substances 24 puniflhment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12 25 punishment for allowing premises, etc  to be used for commission of an offence 26 punishment for certain acts by licensee or his servants 27 punishment for illegal possession in small quantity for personal con~umption of any narcotic drug or psychotropic substance or consumption of such drug or substance 28 punishment for attempts to commit offences 29 punishment for abetment and criminal conspirucy 30 pt'eparation 31 enhanced punishment for certain offences after previous conviction 32 punishment for offence for which no punishment is provided 33 application of section 360 of the code' of criminal procedure, 1973 and of the probation of offenders act, 1958 34 security for ~ljstaining from ('ommissicln of ofj'>jlc·e 35 prt-sumption of (:ulpablt' llltmtal state :u; offences to he' uifo(j llummbrily :n otren(;t's to be cognizabk :m offences by companies 39 power of court to release certain offenders on probation 40 power of court to publish names, place of business, etc; of certain offenders  chapter v procedure41 power to issue warrant and authorisation 42 power of entr~', ~ear('h ~~('izure' und arrest without warrant or authorisation 43 power of seizure aud arrest in public places 44 power of enh·y search, seizure and arrest in relating to coca plant, opium poppy and cannabis plant 45 procedure where sei~ure of goods liable to confiscation not practicable 46 duty of land holder to give information of illegal cultivation 47 duty ot certain officers to give information of illegal cultivation 48 power of attachment of crop illegally cultivated 49 power '~ stop and search conveyance !lo condition~ under whi<:h se~jr('h of persons shall he (~ondhcted 51 provisions of the code of ~rililinal pr()cl~dllrc, h17:l tn apply to warrant/'! arrj'sts s,arc'hps ilnd sei:mrf's 52 disposal of pc:'l'linns arrested and art ic\('s ~l'il'rrj 53 power to invest ohicers qr certain d(~partments with pow(>rs of an officer-in-charge of a pohce station 54 presumption from possession of illicit articles 55 police to take charge of articles seized and delivered 56 obligation of officers to assist each other 57 report of arrest and seizure 58 punishment for vexatious entry, search seizure or arrest 59 failure of officer in duty or his connivance at the contravention of the provisions of this act go liability of illicit drugs, substances, plants, articles and conveyances to confiscation 61 confiscation of goods used for concealing illicit drugs or substances 62 confiscation of sale proceeds of illicit drugs or substances 63 procedure in making confiscations 64 power to tender immunity from prosecution (i5 power to make rules regulating disposal of confiscated articles and rewards 66 presumption as to do('uments in certain cflres 67 power to (':iii fol' information f't<' 68 information as to commij;sion (,f ofl'enl'l's 69 protection of action tclke"n in goorl faith 70 central govcml11('tlt nmi state gm-ernmf'n1,: tn hove tf'!flro to intemational conventions while making rules clauses 71 power of government to establish centres for identification, t1'eatment, etc, of addicts and for supply of narcotic drugs and psycho  tropic substances '12 recovery of sums due to government 73 bar of jurisciiction 74 transitional provisions 75 power to delegate 76 power of central government to make rules 77 rules and notifications to be laid before parliament 78 power of state government to make rules 79 application of the customs act, 1962 80 application of the drugs and cosmetics act, 1940 not barred 81 saving of state and special laws 82 repeal and savings 83 power to remove difficulties the schedule  a billto consolidate and amend the law relating to narcotic drugs, to m4ke stringent provisions for the control and regulation of operations nlating to narcotic drugs and psychotropic substances and for mlltter, c'onnected therewith be it enacted by parliament in the thirty-sixth year of the republic of india as follows:- chapter i preliminary5 1 (1) this act may be cal1ed the narcotic drug! and psychotropic substances' act, 1985 (2) it extends to the whole of india (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint, and different dates short title, extent and commencement 10 may be appointed for different provisions of this act and for different states and any reference in n~'i:;' :·~u~h provision to the commencement  ' of· this act shall be construed in: relation to any state as a reference to the coming into force of that provision in that state   '  2 in this act, unless the context ot:lcrw:o;e requires,-definitiona 15:" '(i) "addict" means a person addicted to any narcotic drug or psychotropic tubltance; (ii) "board" means the central board of exci8e and customs constituted under the central boards of revenue act, 1863; (iii) "cannabis (hemp) ,t means-(a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and 5 also includes concentrated preparation and resift mown as hashish oil or liquid hashish; (b) gan;a, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or 10 designated; and (e) any mixtun' with or without :my neutral material, of any of the abnve fol'ns of cannabis or ilny drink prepared tnerefrom; (iv) "cannabis plant" means any plant r:1f the genus cannabis; 15 (1') "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 au the derivatives of ecgonine from which it can be recovered; 20 (e) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and (d) all preparations containing more than 01 per cent of cocaine; (vi) "coca lear' meanl'l-,--i (a) the leaf of the coca plant except a leaf from which ;d' ecgonine, cocaine and any other ecgonine alkaloids have bc:!n removed; (b) any mixture thereof with or without any neutral material go but does not include any preparation rontainin,::- not m<lre than nt per cent of cocaine: (vii) "coca plant" mf'anl'l the plant tlf any l'lpecier tlf the ~nus erythroxylon: (viii) "conveyance" means a conveyance of any' d8seription 35 whrtlt!lever rnti includel'l jlny nit~,nft vrhiclr or ve!'l!'lel: (ix) ·'international ('onvpnti~t1" nlf'!lns-·· (a) the single convention on narcotic drugs, 1961 adopted by the united nations conference at new york in march, l~; (b) the protocol, amending the convention mentioned infog sub-clause (a), adopted by the united nations conference at geneva in march, 1972; j (c) the convention on psychotropic sl:bstances, 1971 adopted by the united nations coq,ference at vienna in february, 1971; and (d) any other international convention, or protocol or other idatrument amending an international convention, relating to narcotic drugs or psychotropic su bstances which may be ratified or acceded to by india after the commencement of this act; (x) "manufacture", in relation to norcotic drugs or psychotropic substances includes-10 (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 (ot~rwise than in a pharmacy 11 on prescription) with or containing such drugs or substances; (~) "manufactured drug" means-(a) all coca derivatives, medicinal cannabis, opium tlerivatives and pappy straw concentrate; (b) any other narcotic substance or preparation which the ~o 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 dot!s not include any narotic substanre or preparation which the :t5 central government may, huving 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 not to be a manufactured drug, (~i) "medicinal cannabis", that is, medicinal hemp, means any :io extract or tincture of cannabis (hemp) ; (~ii) "narcotics commissioner" means the narcotics commissioner appointed under section 5; (aiv) "narcotic drug" means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs; 35 (;l"1') "opium" meuns- · (ii) the coagulated juice of the opium poppy; and (b) any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, but does not include any preparation containing not more than 02 per cent of morphine; (x1,i) "opium derivauve" mean~-· 45 (a) medicinal opjum, that is, opium which has undergone the processes necessary to adapt it for medicinal use in ac(f)rdunce with the requirements of the indian pharmacopoeia or any other pharmacopoeia notified in this behalf by the central government, whether in powder form or granulated or otherwise or mixed with neutral materials; (b) prepared opium, that is, any product of opium qbtained ,  1iy apy jlerles 01 operatio~j designed to ~ansfol'jl} ~pi~ in~, an extract suitable for smoking and the dross or other residue remaining after opium is smoked;  ~ (c) phenanthrene alkaloids, namely, morphine, codeine, 5 thebaine and their salts; (d) diacetylmorphine that is, the alkaloid also known as dia-morphine or heroin and its salts; and (e) all preparations containing more thaq 02 per cent of morphine or containing any diacetylmorphine; jo (xvii) "opium poppy" means-(a) the plant of the species papaver somniferum l; and (b) the plant of any other species of papaver from which opium or any phenanthrene alkaloid can be extracted and which the central government may, by notification in the 15 official gazette, declare to be opium poppy for the purposes of this act; (xviii) "poppy straw" means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted 20 therefrom; r (xix) "poppy straw co~centrate" means the material arising when poppy straw has entered into a process for the concentration of its alkaloids; (xx) "preparation", in relation to a narcotic drug or psychotropic 25 substance, means anyone or more such drugs or substances in dosage form or any solution o~ mixture, in whatever physical state, containing one or more such drugs or substances; (xxi) "prescribed" means prescribed by rules made under this act; ~ 30 (xxii) "production" means the separation of opium, poppy straw, coca leaves or cannabis from the plants from which they are obtained; (xxiii) "psychotropic substance" means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or materlal included in the list of psychotropic sub-5 stances specified in the schedule; 3 (xxiv) "to import inter-state" means to bring into a state or union territory in india from another state or union territory in india; , (xxv) "to import into india", ·with its grammatical variations 4() and cognate expressions, means to bring into india from a place outside india and includes the bringing into any port or airport or place in india of a narcotic drug or a psychotropic substance intended to betaken out of india without being removed from the vessel, aircraft, v~hlc:le or any other ('qnveyance in which it is being carried 45 explanation-for the purposes of this clause and clause (xxvi), "india" includes the territorial waters of india; (=m) "to export from india", with jts grammatical variatiaal and colnate expressions, means to take out of india to a place outside fjldia; (xxvii) "to export inter-state" means to take out of a -state or union territory in india to another state or union territory in india; 5 2 of 1974 (:r:l:viii) "to transport" means to take from one place to another witmn tbesame state or union territory (xxix) words and expressions used herein and not defined but defined in the code of criminal procedure, 1973 have the meanings reape~ijvely asaigned to them in that code io e~ticm-for the purposes of clauses (v), (vi), (n) and (m), tthe percentaaes in the case ,of liquid preparations shall be calculated on the basis that a preparation containing one per cent of a substance, means a preparation in which one gram of substance, if solid, or one mililitre of ilubstance, if liquid, is contained in everyone hundred mililitre of the 15 preparation and so on in proportion for any greater or less percentage: provided that the central government may, having regard to the developments in the field of methods of calculating percentages h ]jquid preparations prescribe, by rules, any other basis which it may deem appropriate for such calculation 20 3 the central goverilment may, if satisfied that it is necessary or expedient so to do on the basis of-power to add to or omit from the list of psychotropic aubl· tadcel 30 (a) the information and evidence which has become available to it with respect to the nature and effects of, and the abuse or the scope for abuse of, any substance (natural· or synthetic) or natural material or any salt or preparation of such substance or material; and (b) the modifications or provisions (if any) which have been made to, or in, any international convention with respect to such substance, natural material or salt or preparation of such substance or material, by notification in the official gazette, add to, or, as the case may be omit from, the list of psychotropic substances specified in the schedule luch substance or natural material or salt or preparation of such sub-35 tance or material  chaprer ii authorities and officers4 (1) subject to the provisions of this act, the central governmenl shall take all such measures as it deems necessary or expedient 40 for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances and the illicit traffic therein (2) in particular and without prejudice to the generality of the proviaions of sub-section (1), the measures which the central govenament -may take under that sub-seetion include measures with respect to aja or 45any of the following matters, namely:-(6) coordination of actions by various ofticers, state governments ·ad· -other autborltiel-(i) under thil act, or central governmeat to take meuurea for prev_tide and combatiag abwleof and wiclt  c in_-cotfc drup,etc (ii~ under any other law for the time being in force in connection with the enforcement of the provisions of thiv actj (b) obligations under the international conventions; (c) assistance to the concerned authorities in foreign countries and concerned international organisations with a view to facilitating coorrunation and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances; 5 (d) identification, trea~ent, education, after care, rehabilitation and social re-integration of addicts; (e) such other matters as the central government deems neces-sary or expedient for the purpose of securing the effective implementation of the provisions of this act and preventing and combating the 10 abuse of narcotic drugs and psychotropic substances and illicit traflic therein (3) the central government may, if it considers it necessary or expedient so to do for the purposes of tbis act, by order, published in the  ot&cial gazette, constitute an authority or a hierarchy of authorities by 15 such name or names as may be spedfied in 1iie order for the purpose of exercisid, such of the powers and funct;ons of the central government udder this act and for taking measures with respect to such of the matters referred to lin sub-section (2) as may be mentioned in the order, and subject to the supervision and control of the central government and 20 the provisions of such order, such authority or authorities may exercise the powers and take the measures so mentioned in the order as if mch authority or authorities had been empowered by this ad to exercise those powers and take such measures 5 (1) without prejudice to the provisions of sub-section (3) of 'section :r 4, the central government shall appoint a narcotics commissioner and j may also appoint such other officers with such designations as it thinks fit for the purposes of this act ofticen of central government (2) the narcotics commissioner shall, either by himself or through officers subordinate to him, e)rercise all powers and perform all functions relating to the superintendence of the cultivation of the opium poppy and 30 production of opium and shall also exercise and perform such other powers and functions a's may be entrusted to him by the central government (3) the officers appointed under sub-section (1) shall be subject to the general control and direction of the central goven;tment, or, if so 35 directed by that government, also of the board or any other authority or o~cer  6 (1) the central government m,ay constitute, by notification in the heal gazette, an advisory committee to be 'called ''the narcotic drugs and psychotropic substances consultative committee" (hereinafter in this 40 eection referred to as the committee) ·to advise the central government on such matters relating to the administration of this act as are referred to it by that govenunent from time to time (2) the committee shall consist of a chairman and such other members, not exceeding twenty, as may be appointed by the cedtral govern- 45 mment ! thenareotic !)ru15 and psychotropic substances colwultatlw coidlblttee • (3) the committee shall meet when required to do so by the central government and shall have power t~ regulate its own procedure (4), the committee may, if it deems it neeessary so to do for tbe efficient discharge of any of its 'functions, constitute one or more subcommittees and may appoidt to any such sub-c'ommittee, whether generally or for the consideration of any particular matter, any person i: (including a non-official) who is 'not a member of the committee :j (5) the term of oftice of, the manner of filling 'casual vacancies in the oftices of and 'the allowances, i' ~ any, payable to, the chairman and other members of the committee, and the condwons and restrictions su), jed to which the committee may appoint a person who is not a member 10 of the committee as a member of any of its sub-eommittees, shan be such as may be prescribed by rules made by the central gov~rnment 7 (1) the state government may appoint such officers with such designations as it thinks fit for the purposes of this act oftlcera of state government (2) the officers appointed under sub-section (1) shall be subject to '5 the general control and direction of the state government, or, if so directed by that government, also of any other authority or officer  chapter iti prohibition, control and regulation8 no person shall-20 (a) cultivate any coca plant or gather any portion of coca plant; or (b) cultivate the opium poppy or any cannabis plant; or prohibltionof certain operations (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 psy-,chotropic 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 provison, imposes any require-:~i) ment by way of licen~e, permit or authorisation, also in accordance with the terms and conditions of such licence, pennit 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-' 35 us~j consumption, purchase, sale, transport, warehousing, import inter-state 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 behalf 40 9 (1) subject to the provisions of section 8, the central gove1'l'lment ma~, by rules-power of central govern-«(1) permit and regulate-permit, control andre-,u1ate 45, -(i) the cultivation, or gathering of any portion (such cultivation or gathering being only on account of the central government) of coca plant, or the production, possession sale, purchase, transport, import inter-state, export inter-state, use pr consumption of coca leaves; (ii) the cultivation (such cultivation being only on account of central government) of the opium poppy; (iii) the productiqn and manufacture of opium and production of poppy straw; (iv) the sale of opium and opium derivatives from theceiltral 5 government factories for export from india or sale to st&ttt 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 10 materials which the maker is lawfully ezatitled to posaesij (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 tran- 15 shipment 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 (4) (2) in particular and without prejudice to the generality of the fore- go going power, such rules may-(a) empower the central government to fix from time to time the limits within which licences may be given for the cultivation of the opium poppy; (b) require that all opium, the produce of land cultivated with 25 the opium poppy, shall be delivered by the cultivators to the offtcers authorised in this behalf by the central government; (c) prescribe the forms and conditions of licences for cultivatioll of the opium poppy and for production and manufacture of opium; the fees that may be charged therefor; the authorities by which such 30 licences may be granted, withheld, refused or cancelled and the authorities before which appeals against the orden of withholding, refusal or cancellation of licences shall lie; (d) prescribe that opium shall be weighed, examined and classified according to its quality and consistence by the officers authorised 35 in this behalf by the central government in the presence of the cultivator at the time of delivery by the cultivator; (e) empower the central government to ft" from time to time the price to be paid to the cultiva~rs for the opium delivered; (f) provide for the weighment, examination and classification, 40 according to the qu'auty and consistence, of the opium received at the factory and the deductions from or additions (if any) to the standat'd price to be made in accordance with the result of such examination; and the authorities by which'the decisions with regard to the weighment, examination, classification, deductions or addttions shall 45 be made and the authorities before which appeals aplnst such de--cisiclds shall lie; (g) l'8qulm that opiwn delivered by a cwtivatdr, if foulld u - 1'8ult of exalllinmion in the central goverjul18l1t factory to be adulterated, ~ be conftacated by the officers authorised in this behalf; (h) prescribe the forms and conditions of hcences for the manu-5 factu~ of manufaet1u"ed dfougs, the authoritiei by whim sueh licences may be granted and the fees that may charged therefer;  (i) prescribe the forms and conditions of licences or permits for the manufacture, possession, transport, import inter-state, export inter-state, sale purchase, consumption or use of psychotropic sub-ia staaees, the- lwtboritiee by which such licences or per-mits may be a,ranted and the fees that may be clharged theretor;  (j) prescribe the ports and otbe!' places at which any kind of nal'cotic drugs 01" psychotropic substances may be· imported into india or exported from india or transhipped~ the forms and conditions of 15 certificates, authorisations or permits, as the case may be, for such import, export or transhipment; the authorities by which such certifiea_, authorisations or permits may be granted and the feu! that may be charged therefor 10 (1) subject to the provisions of section 8, the state government 20 may, by ru1ee--(g') permit and regulate-(~) the possession, transport, import inter-state, export inter-state, warehousing, sale, pun:hase, consumption and use of poppy straw; power of state governmentto permit, control and regulate 25 (ii) the possession, transport, import inter-state,_ export inter-state, sale, purchase, consumption and use of opium; (iii) the cultivation of any cannabis plant, production, manufacture, possession, transport, import inter-state, expori inter-state, sale, purchase, consumption or ul& of cannabis (excluding 30 cha1'(8) ; (iv) the manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled· to possess; 35 (v) the possession, tz'ansport, purchase, sale, import inter- state export inter-state, use or consumption of manufactured drugs other than prepeni opium add of coca leaf and any preparation containing any manufactured drug; (vi) the manufacture and possession of prepareti opium from opium lawfully possessed by an addict registered with the state government on medical advice for w penonal conlump tion: provided that save in so far as may be expressly provided in the rules made under sub-clauses (iv) and (v), nothing in section 8 shall apply to the import int ~r-state, export inter-state, transport, possession, purchase, sale, use or consumption of manufactured drugs wh1~ jl'e th~ pro~rt~ an~ in ~ pobs~qn of the govemment: provided further that such drugs as are referred to in the preceding proviso shall not be 'sold or otherwise delivered to any person who, under the rules made by the state government under the aforesaid sub-clauses, is not entitled to their l?ossession; (b) prescribe any other matter requisite to render effective the 5 control of the state 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 state government to declare any place to be 10 a warehouse wherein it shall be the duty of the owners to deposit all such poppy straw as is legally imported inter-state and is intended for export inter-state or export from india; to regulate the safe custody of such poppy straw warehoused and the removal of such poppy straw for sale or export inter-state or export from india; to 15 levy fees for such warehousing and to prescribe the manner in which and the period after which the poppy straw warehoused shall be disposed of in default of payment of fees; (b) provide that the limits within which licences may be given for the cultivation of any cannabis plant shall be fixed from time to 20 time by or under the orders of the state government; (c) provide that only the cultivators licenced by the prescribed authority of the state government shall be authorised to engage in cultivation of any cannabis plant; (d) require that all cannabis, the produce of land cultivated with 25 cannabis plant, shall be delivered by the cultivators to the officers of the state government authorised in this behalf; (e) empower the state government of fix from time to time, the price to be paid to the cultlvators for the cannabis delivered; (f> prescribe the forms and conditions of licences or permits for 30 the purposes specified in sub-clauses (i) to (vi) of clause (a) of subsection (1) and the authorities by' 'lyhich such licences or permits may be granted and the fees that 'may be charged therefor 11 notwithstanding anything to the contrary contained in any law or contract, no narcotic drug, psychotropic substance, coca plant, the 35 opium poppy or cannabis plant shall be liable ~o be distrained gr attached by any person for the recovery of any money under any order or degree " of any court or authority, or otherwise narcotic clrugsand psychotropic substances, etc, not liable to distress or attacb- 12 no person shall engage in or control any trade whereby a nar-restriccotic drug or psychotropic substance is obtained outside india and suptions over plied to any person outside india save with the previous authorisation external of' the central government and subject to such conditions as may be dealings in narco-5 imposed by "that government in this behalf tic drugs and psychotropic substances 13 notwithstanding anything contained in section 8, the central government may permit, with or without conditions, and on behalf of government, the cultivation of any coca plant or gathering of any portion thereof or the production, possession, sale, purchase, transport, import 10 inter-state, export inter-state or import into india of coca leaves for use in the preparation of any flavouring agent which shall not contain any alkaloid and to the extent necessary for such use special provisions relating to coca plant and coca leaves for use in the preparationof ftavourilll agent 14 notwithstanding anything contained in section 8, government special provision may, by general or special order and subject to such conditions as may relatinl to cannabis 15 be specified in such order, allow cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes  chapter iv 0fn:na:s and pbnal'lds20 15 whoever, in contrav~ntion of any provision of this act or any rule or order made or condition of a licence granted thereunder, produces, possesses, transports, imports inter-state, exports inter-state, &ells, purchases, uses or omits to warehouse poppy straw or removes or  does any act in respect of warehoused poppy straw, shall be punishable punishmentfor contravention inrelation to poppy straw 25 with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine whi~b shall not be less than one lakh rupees but which may extend to two 1a1& rupees:  provided that the court may, for reasons to be reeorded in the judg-30 ment, impose a fine exceeding two lakh rupees rwle or order made or condition of lic:eace gramed tbejeunder, alttvates any -coca plant or gathers any portion of a coca plant or pi'odaees ~tfor contraftsltion inrelation to coca plant and coca leaves posle8les &ails purchases transports, imports interstate, exports 'inter-state or uses coca leaves, shall be punishable with !'iicm>us imprticm 5 ment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment impj~ a fine exceeding two lakh rupees 10 17 whoever in contravention of qd'y provision of this act or ady rule or order made or condition of licence granted thereunder manu-'factures, p08lle8ses, eehs, purellases '1:i'aa8ports, imports inter-state, punishmentfor contravention in relitttan to·prepared opium exports inter-state or uses prepared opium 'shall be pmrishablewith rigorous imprisonment for a tenn which shall not be leis than ten years 15 but which may extend to ·twenty years and shall also ,be liable to fine which shah not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees :10 :11 whoever, in e8iltraventionof any ,provision of this act, or any punishmentfor contravention in relation to opium poppy and opium\ rulle or order made· or condition of licenee granted thereunder cultivates the ·opium poppy or produces, manufactures, posses&es, sells, purchases, -tradbports, impldrts inter-state, exports inter-state or uses opium shah be punishaole with rigorous imprisonment for a tenn which siiall not 25 be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judlment, impose a fine exceeding two lakh mpees 19 any cultivator licensed to cultivate the opium poppy an account of  the ccn tl'al government who embeaz1es or otmorwise wegally dis-''}x'jses -of lht: opilml 'produced or my ,part thereof, ihall be pudisdble withrigoi'ous imprisonment for a tenn which shall not be less than ten puthmentfor embezzlementof opium by cultivator 'yean ·but whieh may q1eftd"to twenty years 'and '1hali also be liable to 35 ·h-blah shall not _ 'leis than ode la1dl rupees wtwltlch may extend to two lakh rupees: proyiied that the court may, for reasons to be recorded in the judgment, impo!;e a fine exceediag two iakh rqmies to whoever, in contravention of any provision of this act or 8qy pwuahrate or order made or condition of licence grnted thereunder,-menttor contra-(a) cultivates any cannabis plant; or (b) produces, manufactures, possesses, sells, purehasea, tran 5 ports, imports inter-state, exports inter-state or uses cannabis shall be punishable-ventlonin relation toeannabia plant ad canna bfa to (i~ where such contravention relates to ganja or the cultivation of cannabis plant, with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine which may extend to fifty thousand rupees; (d) where such contravention relates to cannabis other than ganja, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shal' also be liable to fine which shall not be less than one lakh rupees and 15 which may extend to two lakh rupees: provided that court may, for reasons to be recorded in the judgment, impose a tine exceeding two lakh rupees 21 whoever, in contravention of any provision of this act, or any rule or order made or condition of licence granted thereunder manu-20 factures, possesses, selids, purchases, transports, import,; inter-state exports inter-state or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable with rigorous imprisonment for a term which s'aall not be less than ten years, but which may extend to twenty years and shall also be liable to fine which puniahmentfor contraventionin relation to manufaetured drup and pre  parationll 25 shall not be less than one lakh rupees but which may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a flne exceeding two lakh rupees 22 whoever, in contravention of any provision of this act or any 30 rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, import,; inter-state, exports inter-state, or uses any psychotropic substance shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to 35 fine which shall not be less than one laith rupees but which may extend puniahmentfor contraventionin relation topsychotropic substancu to two lakh rupees: provided that tl:l4t court may, for reasons to be r~orded in the judimint, imposeaftde"exeeeding two lakh ~ 23 whoever, in contravention of any provlslon of this act or arty rule or order made or condition of licence or permit granted or certift-c:lte or authorisation issued thereunder, imports into india or exports from india or tranships any narcotic· drug or psychotropic substance shall be punishable with rigorous imprisonment for a term which shall 5 not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees 10 punishmentfor illegal import into india, export from india or tranahipment of nar cotic drugs and psychotropie substances punish mentfor ;:xtem'ij 24 whoever engages in or controls any trade whereby a narcotic drug or a psychotropic substance is obtained outside india and supplied to any person outside india without the previous authorisation of the central government or otherwise than in accordance with the conditions (if any) of such authorisation granted under section 12, shall be 15 punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but may extend to two lakh rupees: provided that the court may, for reasons to be recorded in the judg- 20 ment, impose a fine exceeding two lakh rupees dea1in~3 in narcotic c:1rugs and psychotropic substan ces in contravention of section 12 punishmentfor allowing nremi-25 whoever, being the owner or occupier or having the control of use of any house, room, enclosure, space place, animal or conveyance knowingly permits it to be used for the commission by any other per~on of an offence punishable under any provision of this act, shall be 25 punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shrll also be liable to fine which shall not be less than one lakh rupees but which ma,y' extend to two lakh rupees: 8(~s, etc, to be used for commission of an 01-fence provided that the court may, for reasons to be recorded in the judg- 30 ment, imp0l:ie a fine exceeding two lakh rupees, 2& if the holder of any licence, permit or authorisation granted under thi~_ act or any rule or order made thereunder or any person in his employ and actinl{ on his behalf-punish menttor certain acts by lieenaee or his _rvanta (c> omits, without any reasonable cause, to maintain accounts 35 or to submit any return in accordance with the provisions of this act, or any rule made thereunder;  (b) fahs to produce without any reasonable cause such licence, permit or authorir'ltion on m-mund or any officer ·authorised hy t~le central government or sta-teo government itt this behalf, ~p (c) keeps any ~ccounts or makes any statement which is false or which he knows or has reason to believe to be incorrect; or (d) wilfully and knowingly does any act in breach of any of the conditions of licence, pennit or authorisation for which a 5 penalty is not prescribed elsewhere in this act, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both 27 whoever, in contravention of any provision of this act, or any rule or order made or permit issued thereunder, possesses in a small quantity, 10 any narcotic drug or psychotropic substance, which is proved to have been intended for his personal consumption and not for sale or distribution, oj' consumes any narcotic drug or psychotropic substance, shall, notwithstnnding anything contained in this chapter, be punishable,-(a) where the narcotic drug or psychotropic substance possess-15 ed or 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 imprisonment for a term which may extend to one year or with fine or with both; and 20 (b) where the narcotic drug or psychotropic substance possessed or 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 or with both punishment for illegal possession in small quantity for per sonal consump tion of any nar cotic drug or psychotropic substanceor consumption of such drug or sub3_ tance explanation-(l) for the purposes of this section "small quantity" 25 means such quantity as may be specified by the central government by notification in thp officiri gr7pttp (2) where a person is shown to have been in possession of a small quantity of a narcotic drug or psychotropic substance, the durden of proving that it was intended for the personal consumption of such per-30 son and not for sale or distribution, shall lie on such person ' 28 whoever attempts to commit any offence punishable under this chapter or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the punishment provided for the offence punish mentfor ettempts to commit offences 35 29 (1) whoever abets or is a par~y to a criminal conspiracy to commit, an oft'ence punishable under this chapter, shall, whether such offence be or be not committed in consequence of 'such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the indian penal code, be punishable with 40 the punishment }ll'ovided for the offence ' 45 of 1860 punishment for abet mentand criminal conspiracy (2) a person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of' this section~ who, in india, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond india which-(4) would constitute an otlence if committed within india; or 45 (b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substance having all the legal conditions required to constitute it such an offen~e the same as or anaiogous to the legal conditions required to constitute it an offence punishable under this chapter, if comm;tted within india 5 preparation 30 if any person makes preparation to do or omits to do anything which constitutes an offence punishable under any of the provisions of section 15 to section 25 (both inclusive) 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 cir-10 cumstances independent of his will, he shall be punishable with rigorous imprisonment for a term which shall not be jess than one-half of the minimum term (if any) but which may extend to one-half of the maximum term, or imprisonment witb which he would have been punishable in the event of his having committed such offence, and also with fine 15 which shah not be less than one-half of the minimum amount (if any) of fine with which he would have been punishable, but which may extend to one-half of the maximum amount of fine with which he would have ordinarily (that is to say in the absence of special reasons) been punishable, in the event aforesaid: 20 provided that the court may, for reasons to be recorded in the judgment, impose a higher fine 31 (1) if any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under section 15 to section 25 (both 25 inclusive) is subsequently convicted of the commission of, or attempt to' commit, or abetment of, or criminal conspiracy to commit, an offence piuiishable under-ilnhaneedpunilhment for cer tain offences after previous convic_ tiod (a) section 15 to section 19 clause (ii) of section 20 and section 21 to section 25, he shall be punished for the second and every sub- 30 sequent offence with rigorous imprisonment for a term which shall not be less than fifteen years but which may extend to thirty years and shall also be liable to fine which sha~l not be less than one lakh fifty thousand rupees but whi-ch may extend to three lakh rupees: (b) clause (i) of section 20, h£> shall be punished for the second 35 and every subsequent offence for ~ term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees: provided that the court may, for reasons to be recorded in the judgment, impose-40  (i) in a case falling under cl~4se , (a), a fine exceeding three lakh rupees; and (ii) in a case' fal~ing under clause (b), a fl!he exceeding one lakh rupees (2) where any penon is convict~d by a competent court of'criminal45 jurlsdictionootside india under any law corresponding to the -provisions ,      of section 15 to section 25 (both inclusive) section 28 and section 29    , , such person, in r~pect of such conviction, shall' be dealt with for the purposes of sub-section (1) as if he hatl been convicted by a colirt in india  32 whoever contravenes any provision of thi's act or any rule or order made, or any condition of any licence, permit or authorisation issued thereunder for which no punis~ent is separately provided in' ·this chapter, shall be punishable with imprisonment for a term which may 5 extend to six months, or with fine, or with both punishment foj: offence for which no punish ment is provided lot 1974 20 of 1958 33 nothing contained in section 3600( the code of criminal procedure, 1973 or in the probation of offenders act, 1958 shsll apply to a person convicted of an offence under this act unless such person is under eighteen y:!ars of age or that the offence for which such p,erson is convicted 10 is punishable under sf>ction 26 or section 27 application of section 360 of the codeo! criminal procedure, 1973 and ('fthe probation of offenders act ]958 secul'ity forabstaining trom comn,ieion of offence 34 (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 ltbstaining from the commission of any offence under this act, the court 15 may at the time of passing sentence on such person, order him to execute a hond 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 20 central government and the provisions of the code of criminal proce-z of 1974 dure 1973, shall, in so far as they are applicable, apply to ;iii 'matters connected with such bond a's if it were a bond to keep the peace ordered to be executed under section 106 of that code (3) if the conviction is set aside on appeal or otherwise, the' bond so 25 executed shall become void (4) an order under this section may also be made by an appellate court or by the high court or sessionll judge when exercising  the powers of revision 35 (1) in any 'prosecution for 'an offence 'under this act which ':¥> requires a culpable mental state of ihe accused, the court shall presume 'the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no liuch mental itate with' respect to the act charged' as an offence in that prosecutlon presumption of culp_ able mental state   explanation-in this section "culpable ,mental state" includes inten-35 tjon, motive, knowledge of a fact and belief in or· reason to believe, a fact - -(2) for the purpose of this section, a fact is said to be proved only when the court believes jt to exist beyond a reasonabje doubt and not merely when its existence is established by a preponderance ,of probability 36 notwithstanding anything contained in the code of criminal 5 procedure, 1973, any offence punishable under sections 26, 27 and 32 of 2 of 1974 this act may be tried summarily by a magistrate of the ftrst class offences to be tried'  summa rily 37 notwithstanding anything contained in the code of criminal procedure, 1973, every offence punishable under this act shall be 2 of 1974 cognizable 10 offences to be cogniza ble oft'ences by companies 3r (1) where an offence under chapter iv has been committed by a company, every person, who, at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and j 5 punishea accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence 20 (2) notwithstanding anything contained in sub-section (1), where any offence under chapter iv has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, mankger, secretary or other officer of the company, such director, 25 manager, secretary pr other ofiicer shali be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly explamtion-for the purpose of this section,-(a) "company" means any body corporate and includes a firm go or other association of individuals; and (b) udirector"; in relatio~ 'to a ftrm, means a partner in the firm power of court to releue certain offenders on probatton 31 (1) when any addict is found guilty of an offence punishable under section 21 and if the court by which he is found guilty is of the opinion, regard being had to the age, character, antecedents or physical 35 or mental condition of the offender, that it is ex~ient 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-toxiflcation or de-addiction from a ho's- 40 pital or an institution maintained or recognised by government and on his entering into a bond iri the form pre8cnbed by the central government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his mcdh~al treatment and, in the meantime, to abstain from the commf8llion 4-5 of any offence under chapter iv  (2) 1£ it appears to the court, having regard to the report regarding the result of the medical treatment furmshed under sub-section (1), that it is expedient 'so to do, the court may direct the release of the offender after due admonition on his entering idto a"bond in the form prescribed 5 by the central government, with or without sureties, for abstaining from the commission of any offence under chapter iv during such period not exceeding three years as the court may deem fit to specify or on his failure so to abstain, to appear before the court and receive· sentence when called upon during such period jo 40 (1) where any person is convicted of any of the offences punishable under section 15 to section 25 (both inclusive), section 28, section 29 or section 30, it shall be competent for the court convicting the person to cause the name and place of business or residence of such person, nature of the contravention, the fact that the person has been so convicted 15 and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of such person in such newspapers or in such manner as the court may direct power of court to pub-ush names, place of lusine83 etc, of certain offenders (2) no publication under sub-'section (1) shall be made unth the period for preferring an appeal against the orders of the court has expired 20 without any appeal having been preferred, or such appeal, having been preferred, has been disposed of (3) the expenses of any publication under sub-section (1) shall be recoverable from the convicted person as if it were a fine imposed by the court  chapter v procedurepower to issue warrant and authoriseation 41 (1) a metropolitan magistrate or a magistrate of the first class or any magistrate of the second class specially empowered by the state government in this behalf, may issue a warrant for the a,rrest of any 30 person whom he has reason to believe to have committed any offence punishable under chapter iv, or for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe any narcotic drug or psychotropic substance in respect of which an offence punishable under chapter iv has been committed or any :35 document or other article which may furnish evidence of the commission of such offence is kept or concealed (2) any such officer of gazetted rank of the, departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government or of the border security for~e as is ero-40 powered in this behalf by general or special order by the centr",,} government, or any such officer of the revenue, drugs control, excise, police or any ether department of a state government as is empowered in this behalf by general or special order of the state govemment, if he has reason to believe from personal knowledge or information given by any 45 person and taken in writing that any person has committed an offence punishable under chapter iv or that any' narcotic drug, or plychofropic substance in respect of which any offence punishable under chapter iv has been comri1itted or any document or other article which may furnish evidence of the commission of such  o~nce has been kept or concealed 50 in any building, ('onvf'yllnc(, 0\' plllc(\ may uuthot'isf' any oftlcel' subordinate to him but superior in· rank to a pei6n, &ej)by, or a c0l'18table~ tq amst such a pel'!on or search a building, conveyance or place whether by day or by night or himself arrest a person or search a building, conveyance or place  (3) the officer to who~ a w~rant 1lndel- suh-section (1) is ~ddressed and the officer who authordedthe! arrest or sem;-ch or the oftlcei who is so authorised under sub-sectipn (~) shall have all the powers of an o~ 5 acting under sec~on 42 power of entry search seizure and arrest without warrant or authorisation 42 (1) any such officer (peing an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central 'government or of the border security force as i's eml?owered in this behalf 10 by general or special order by the central government, or any such officer (being an officer superior in rank to a peon sepoy or constable) of the revenue, drugs control, excise, police or any other department of a state governmen t as is empowered in this behalf by general or special order of the state government, if he has reason to believe from personal 15 knowledge or information given by any person and taken down in writing, that any narcotic drug, or psychotropic substance, in respect of which an offence punishable under chapter iv has been committed or any document or other article which may furnish evidence of the commission of such offence is kept or conceal~d in any building, conveyane or en- 20 closed place, may, between sunrise and sunset,-(a) enter into and search any such building, conveyance or place; (0) in case of resistance, break open any door and remove any obstacle to such entry; (c) seize such drug or substance and au materials used in the 25 manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this act and any document or other article which he has ,reason to believe may furnish evidence of the commission of any offence punishable under chapter iv relating to such drug or substance; and 30 (d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punit;haljle under chapter iv relating to such drug or substance: provided that if such officer has reason to believe that a search warrant or authorisation cannot be obtained without affording opportunity for the 35 ccncealm~llt of evidence or facility for the escape of an offender, he may enter and search such building, conveyance or enclosed place at any time between sun set and sun rise after recording the grounds of his belief (2) where an officer takes down any information in writing under sub-secti~n (1) or records grounds for his belief under the proviso thereto, 40 he shall'forthwith send a copy thereof to his immediate official superior 43 any officer of any of the departments me~tioned in section 42 may-powerot seizure and arrest in public places (a) seize, in any public place or in transit, any narcotic drug or psychotropic substance in respect of which he has reason to believe 45 an offence punishable under chapter iv has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confisc~tion under this act, and any document or other ai'ticle which he huii rcason tu !jelieve may furnish evidence of the - commil8ion· of an oft'en" punishable under· chapter iv relating' to 50 such drug or 'substance; , (b) detain and search any person whom he has reason to believe to have committed an offence punishable  under chapter iv, and, if such person has any narcotic drug or psychotropic substance in his possession and such possession appears to him to be unlawful, arrest ~ him and any other person in his company explanation-for the purposes of this section, the expression "public place" includes any public conveyance, hotel, shop, or other place  intended fnr usf' by, or uccel)sibl~ to, the public 44 the provisions of sections 41, 42 and 43, shall so far as may be, p3wer of 10 apply in relation to the offences punishable under cbapter 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, shall be construed as including references to coca plant, the opium poppy and cannabis plant e~try, search, seizure and al'ftstin oflences relating to coca plant, opiwn poppy and cannabis plant 15 45 where it is not praoticable to seize any goods (including standing procrop) which are liable to confiscati->n under this act, any officer duly authorised under section 42 may serve on the owner or person in poslf!s-sion of the goods, an order that he shall not remo, part with or otherwifle deal with the goods except with tl)e previous permission of such 20 officer cedure where seizure of goods liable to conftscation not practi_ cable 46 every holder of land shall give inunediate information to any officer of the police or of any of the departments mentioned in section 42 of all the opium poppy, cannabis plant or coca plant which may be illegally cultivated within his land and every such holder of land who 25 knowingly neglects to give such information, shall be liable to punishment -duty of land holder to give information of illegal cultivation duty 01 certain oftk:ers to give information of illepl cultivation 47 every officer of the government and every panch, sarpanch and other village oftk:er of whatever description shall give immediate information to any oiilcer oftbe police or of any of the departments mention-30 ed in section 42 when it may come to his kndwl~ge that any land has been illegally cultivated with the opium poppy, cannabis plant or coca plant, and every such officer of the govemment, panch sarpanch and other vulage oftlcer who neglects tove sud) idfonnation shall be liable to pwushment arrest seizure 57 whenever any person makes any arrest or seizure under this act, he shall, within forty-eight hours next after such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his irrunediate official superior 58 (1) any person empowered under section 42 or section 43 or sec- 5 tion 44 who-pudilbment for vexatioua entry, search, acizureor arrest (a) without reasonable ground of suspicion enters or searches, ' or causes to be entered or searched, any building, conveyance or ~~; , (b) vexatiously and unnecessarily seizes the property of any 10 person on the pretence of seizing or searching for any narcotic drug or psychotropic substance or other article liable to be confiscated under this act, or of seizing any document or other article liable to be seized under section 42, section 43 or section 44; or (c) vexatiously and unnecessarily detains, searches ~r arrests 15 any person, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both (2) any person wilfully and maliciou:;dy giving false information 20 and so causing an arrest or a search being made under this act shall be punishable with imprisonment for a term which may extend to two years or with fine or with both 59 (1) any officer, on whom any duty has been imposed by or under this act and who ceases or refuses to perform or withdraws himself 25 from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine or with both  fuilureof ofbccria duty or his connivance at the contmventioa of the provisions of this act (2) any officer on whom any duty has been imposed by or under :30 this act and who wilfully aids in, or connives at, the contravention of any provision of this act or any rule or order made thereunder, shall be punishable with imprisonment for a term which may extend to ftve years and shall also be liable to fine (3) no court shall take cognizance of any offence under sub-section 35 (1) or sub-section (2) except on a complaint in writing made with the previous sanction of the central government, or as the case may be, the state government 60 (1) whenever any offence punishable under chapter iv has been committed, the narcotic drug, psychotropic su·bstance, the opium poppy, 40 coca plant, cannabis plant, materials, apparatus and utensils in respect of which or by means of which such offence has been committed, shall be liable to confiscation  uabluty of illicit drop, substam:ea, piadti artic:lel add amveyallcel to coalsca-1ioa (2) any narcotic drug er psychotropic substance lawfully produced~ imported inter-state, exported inter-state, imported into india, tran&- 45 ported, manufactured, possessed, used, purchased or sold along with or in addition to, any narcotic drug or psychotropic substance which is liable to confiscation under sub-section (1) and the receptacles, packages and coverings ·in which any narcotic drug or psychotropic 'substance, materials, apparatus or utensils liable to confhcation under sub-section (1) is found, and the other contents, if any, of such receptacles or 5 packages shall likewise be liable to confiscation (3) any animal or conveyance used in carrying any narcotic drug or psychotropic substance, or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used with-10 out the knowledge or connivance' of the owner himself, his agent, if any, and the person-in-charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use 61 any goods used for concealing any narcotic drug or psychotropic substance which is liable to confiscation under this act shall also be 15 liable to confiscation explanation-in this section "goods" does not include conveyance as a means of transport confiscationof goods used for concealing illicit drop or substances 62 where any narcotic drug or psychotropic substance is sold by a person having knowledge or reason to believe that the drug or substance 20 is liable to confiscation under this act, the sale proceeds thereof shall also be liable to confiscation confillcalion of sale proceeds of illicit drup or substances procedure inmakine confiscations 63 (1) in the trial of offences under this act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized under this act is liable to confiscation under 25 section 60 or section 61 or section 62 and, if it decides that the article is so liable, it may order confiscation accordingly (2) where any article or thing seized under this act appears to be liable to confiscation under section 60 or section 61 or section 62, but the person who committed the offence in connection therewith is not known 30 or cannot be found the court may inquire into and decide such liability, and may order confiscation accordingly: provided that no order of confiscation of an article or thing shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the 35 evidence, if any, which he produces in respect of his claim: 40 provided further that if any such article or thing, other than a narcotic drug, psychotropic substance the opium poppy, coca plant or cannabis plant is liable to speedy and natural decay, or if the court is of opinion that its sale would be for the benefit of its owner, it may at any time direct it to be sold; and the provisions of this sub-section ahall, as nearly 8s may be pr8ctic8b~, apply to the net proceeds of the sale (3) any person not convicted who claims any right to property which has been confiscated under this section may appeal to the court of session against the order of confiscation power to tender immunity from prosecution 84 (1) the central government or the state government may, if it is of opinion (the reasons for such opinion being recorded in writing) that with a view to obtaining the evidence of any person appear~ng to have been directly or indirectly concerned in or privy to the contravention of any of the provisions of this act or of any rule or order made 5 thereunder it is necessary or expedient so to do, tender to such person immunity from prosecution for any offence under this act or under· the indian penal code or under any other central act or state act, as the 4s of 1860 case may be, for the time being in force on condition of his making a full and true disclosure of the whole circumstances relating to such 10 contravention (2) a tender of immunity made to, and accepted by, the person concerned, shall, to the extent to which the immunity extends, render him immune from prosecution for any offence in respect of which the tender was made 15 (3) if it appears to the central government or, as the case may be, the state government, that any person to whom iirununity has been tendered under this section has not complied with the conditions on which the tender was made or is wilfully concealing anything or is giving false evidence, the central government or, as the case may be, the state 20 government, may record a finding to that effect and thereupon the immunity shall be deemed to have been withdrawn and such person may be tried for the offence in respect of which the tender of immunity was made or for any other offence of which he appears to have been guilty in connection with the same matter 25 65 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-(a) the disposal of all articles or things confiscated under this 30 act; and power to make rules regulatins disposal of confiscated articles and rewards (b) the rewards to be paid to the officers, informers and other persons out of the proceeds of fines and confiscations under this act 66 where any documentn is producei or furnished by any person or has been seized 35 presumption as to documents in certain cases fro~ the custody or control of any person, in either ca'se, under this act or under any other law or (ii) has been received from any plac-e outside india (duly authenticated by such authority or person and in such manner as may be prescribed by the central government) in the course of investi- 40 gation of any offence under this act alleged to have been committed by a person, and such document is tendered in any prosecution under this act in evidence ~gainst him, or against him and any other person who is tried jointly with him, the court shall-45 (a) presume, unless the contrary is proved, that the signature and every other part of such document which purports to be· in the handw;rltfng of any particular person or which the court may reasonably assume to have been signed by, or to be in the handwriting of, any particular person, is in that person's handwriting; and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or 5 attesbedj (b) admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence; (c) in a case falling under clause (i), also presume, unless the 10 contrary is proved, the truth of the contents of such document tlon, etc 67 any officer referred to in section 42 who is authorised in this power 10 call for behalf by the central government or a state government may, during the course of any enquiry in connection with the contravention of any informa- provision of this act-15 (a) call for information from any person  for the purpose of satisfying himself whethet 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; 20 (c) examine any person acquainted with the facts and circumstances of the case 88 no officer acting in exerci'8e of powers vested in him under any provision of this act or any rule or order made thereunder shall be compelled to say whence he got any information as to the commission of 25 any offence information as to commission of offences  chapter vi miscellaneousprotection of action taken in good fai!h 89 no suit, prosecution or other legal proceeding shall lie against the central government or a state government or any officer of the central 30 government or of the state government or any other person exercising any powers or discharging any functions orperforming any duties under this act, for anything in good faith done or intended to be done under this act or any rule or order made thereunder 70 wherever under this act the central government or the state 35 government has been empowered to make rules, the central government or the state government, as the case may be, subject to other provisions of this act, may while making the rules have regard to the provisions of the single convention on narcotic drugs, 1961, the protocol of 1972 amending the said convention and of the convention on psychotropic 40 substances, 1971 to which india is a party and to the provisions of any other international convention relating to narcotic drugs or psychotropic liubstances to which india may become a party central government and stille governments to have regard to internalional cbnyentions while makin rules '11 () the government may, in its discretion, establish many centres as it thinks fit for identificlltion, treatment, education, after-care, rehabilitation, social reintegration of addicts and for supply, subject to such ooiidluona and in such manner as may be prescribed, by tbe codcemecl govemment of any narcotle drugs and psychotropic substances to the 5 addicts registered with the government and to others where such supply is a medlcal neeesslty (2) the government may make rules codslstent with this act providing for the establishment, appointment, maintenance, management and superintendence of, end for supply of narcotic drup and psychotropic lo substances from, the ceatres referred toln lub-sectlon (1) and for the appointment, training, powers, duties and persons employed in such centres power of government to establish centres for identification, treatment, etc, of addicts and for supply of narcotic drll8s and psychotropic substances recovery of sums due to government 72 (1) in l"espect of any licence fee or other sum of any kind pay~ able to the central government or to the state government under any j 5 of the provisions of this act or of any rule or order made thereunder the officer of the central government or the state government, as the case may be, who is empowered to require the payment of such sum, may deduct the amount of such sum from any money owing to the person from whom such sum may be recoverable or due or may recover such 20 amount or sum by attachment and sale of the goods belonging to such persons and if the pomount of the same is not 10 recovered, the same may be recovered from the person or from his surety (if any) as if it were an arrear of land revenue (2) when any person, in compliance with any rule made under this 2;' act, gives a bond (other than a bond under section '34 and section 39) for the performance of ·any act, or for his abstention from any act, such performance or abstention shall be deemed to be a public duty within the meaning of section 74 of the indian contract act, 1872; and upon'· 9 of 1872-breach of the conditions of such bond by him, the whole sum named 30 therein as the amount to be paid in case of such breach may be recovered from him or from his surety (if any) as if it were an arrear of land revenue barol jurisdiction 73 no civil court shall entertain any suit or proceeding against any decision made or order passed by any officer or authority under this act :~5 or under any rule made thereunder on any of the following matters, namely:-" (a) withholding, refusal or cancellation of any licence for the cultivation of the opium poppy; (b) weighment, examination and classification, according to the 40 quamy 3nd consistence of opium and any deductiohs from, or addi~ 'lion to, the standard price made in accordance with such examina:-tion; (c) confiscation of opium found to be adulterated with any foreign  substance 45 'transitional pro vtslons 74 every officer or other employee of the government exercising or performing, immediately before th~ comme~ent of this act, any powers or duties with respect to any matters provided for in this act, shall, on such con'unencement, be deemed to have been appointed under the relevant provisions of this act to the same post and with the same designation as he was 'holding immediately befote such commencement 75 (1) the central government may, by notification in the official power to deiagate g~ette, delegate, subject to such conditions and limitations as may be 5 specified in the notification, 'such of its powers and functions under this act (except the power to make rules) as it may deem necessary or expedient, to the board or any other authority or the narcotics com· missioner (2) the state government may, by notification in the official 10 gazette, delegate, subject to such conditions aid limitations as may be specified in the notification, such of its powers and functions under this act (except the power to make rules) as it·may deem necessary or expedipnt, to any authority or officer of that government 76 (1) subject to the other provisions of this act, the central gov· 15 ernment may, by notification in the official ga7ette, make rules for carrying out the purposes of this act (2) without prejudice to th-e generality of the foregoing power, 'such rules may provide for all or any of the following matters, namely:-power of central govel"hmenltto make rw (a) the method by' which percentages in the case of liquid 20 preparations shall be calculated for the purposes of clause (v), (vi), (xiv) and (xv) of section 2; (b) the form of bond to keep the peace to be executed under section 34; (e) the form of bond to be executed for release of an addict· 25 convict for medical treatment under sub-section (1) of section 39 and the bond to be executed by such convict before his release after due admonition under sub-section (2) of that section; (d) the authority or the person by whom and the manner in which a document received from any place outside india shall be 30 authenticated under clause (ii) of section 66; (e) the conditions and the manner in which narcotic drugs and psychotropic substances may be supplied for medical necessity to the addicts registered with the central government and to others under sub-se::tion (1) of section 71; 35 (f> the establishment, appointment, maintenance, management and superintendence of centres established by the central govern· ment under sub·section (1) of section 71 and appointment, training, powers and duties of persons employed in such centres; (g) the term of office of, the manner of filling casual vacancies +0 of, and the allowances payable to the chairman and members of the narcotic drugs and psychotropic 'substances consultative committee and the conditions and restrictions subject to which a non· member may be appointed to a subcommittee under sub·section (5) of section 6 (h) any other matter which is to be, or may be, pres(ribed rule and notifications to be laid before parliament 77 every rule made under this act by the central government and every notification issued under clause (xi) of section 2, section 3 and clause (a) of, and explanation (7) to, section 27 shall be laid, as soon as may be, after it is made or issued, before each house of parliament while it is in se'jsion, for a total period of thirty days which may be 5 ,comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session oj;' the successive sessions aforesaid, both houses agree in making any modification in the rule or notification or both houses agree that the rule or notification should not be made or issued, the rule or the notifi-10 cation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification 78 (1) subject to the other provisions of this act, the state govern- 15 ment may, by notification in the official gazette make rules for carrying out the purposes of this act power of state government to make rules (2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) conditions and the manner in which narcotic drugs and 2!) psychotropic substances shall be supplied for medical necessity to the addicts registered with the state govemment and others under subsection (1 ) of section 71; (b) the establishment, appointment, maintenance, management, superintendence of centres established under sub-section (1) of sec- 25 tion 71 and appointment, training, powers and duties of persons emp10yed in such centres;   (c) any other matter which is to be, or may be, prescribed (3) every rule made by a state government under this act shall be laid, as soon as may be after it is made, before the legislature of that 3° state 79 all prohibitions and restrictions imposed by or under this act on the import into india, the export from inc:ua and transhipment of narcotic drugs and psychotropic substances shall be deemed to be prohibitions and restrictions imposed by or under the customs act, 1962 and the pro- 35 visions of that act shall apply accordingly: 52 of 1962 applicatioll of the customs act, 1982 provided that, where the doing of anything is an offence punishable under that act and under this act, nothin~ in that act or in this section shall prevent the oftender from being punished under this act 80 the provisions of this act or the rules made thereunder shall be 40 in addition to, and not' in derogation of, the drugs and cosme~ics act, uno· or the'· rules made- thereunder application of tbe dru, and cosmetic act, 1ng not b~ saving of state and ipecial laws 81 nothing in this act or in the rules macie thereunder shall affect the validityof 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 5 for under this act or imposes a restriction 01' provides for a punishment greater in degree than a corresponding restriction: imposed by or a corresponding punishment provided for by or under this act lor the' cultivation of cannabis plant or consumption of or traffic ill', any narcotic drug or psychotropic substance within india  13 of 1857 10 82 (1) the opium act, 1857, the opium act, 1878 and the dangerous repeat' i of 1878 drugs act, 1930 are hereby repealed d4 2 of 1930 (2) notwithstanding such repeal, anything done or any action taken savings or purported to have been done or taken under any of the enactments repealed by sub-section (1) shall, in so far as it is not inconsistent with 15 the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act power to remove didlcul  83 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in  the official gazette, make such provisions not inconsistent with the provisions of ~ ~o this act as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of a period of three years from the date on which this act receives the assent of the president i 115 (2) every order made under this section shall, as soon as may be attet it is made, be laid before the houses of parliament  the schedule [see clause (xxiii) of section 2] list of psychotropic substances| i                                          |                                          ||--------------------------------------------|---------------------------------------------|| ada!                                      |                                             || n_-proprletary                             |                                             || o,her                                      |                                             || n'l\pr{lpri~'a                            |                                             ||                                          |                                             || y                                          |                                             || chrmlca! name                              |                                             || na~,                                       |                                             || sl                                        |                                             || nalm'                                      |                                             || no                                        |                                             || det                                        |                                             || n                                         |                                             || n-diethy)~ryptamin('                       |                                             || g                                          |                                             || dmhp                                       |                                             || 3-(                                        |                                             || i                                          |                                             || ,li-dimethy)heptyl)-'                      | _h                                          || ydroxy-,8,g,io-k'trabydro-                |                                             || 5                                          |                                             || 6,6!t-trimethvi-6h-dibenzo [h,d]          |                                             || pyl'an                                     |                                             || dmt                                        |                                             || n, n-dimelhyltryptamij!t'                  |                                             || lsd, jsd-2s                               |                                             || (+                                         |                                             || )-n,~-diethyllysergam;c!c                  |                                             || (dly!iti'j{ic                             | acid diethyla-                              || mide)                                      |                                             || 3                                          |                                             || -                                          |                                             || (+                                         | )-lyseitglde                                || jui'sctline                                |                                             || 3,4,s-trimcthoxyphenethylamin            |                                             || 5                                          |                                             || 6                                          |                                             || i                                          |                                             || arahexyl                                   |                                             || 3-h"xyl-l-hydroxy-7 ,8,9,                  |                                             || i                                          | 0-11'                                       || trllhydro-6,6,g-tl                         |                                             || illv'-                                     |                                             || t                                          |                                             || h                                          |                                             || yi-6h-dibl'nzo[b, dj                       |                                             || pyran                                      |                                             || pce                                        |                                             || n -                                        |                                             || ethyl-l-phenyjcyclohexylamine              |                                             || 7                                         |                                             || e'l1cycl1dine                              |                                             || php,                                       |                                             || pepy                                       |                                             || 8                                          |                                             || rolicyclidtne                              |                                             || j                                          | -(                                          || i-phcnylcycloht'xyl) pyrrolidine           |                                             || p                                          |                                             || ii                                         | lucine p;i                                 || 3-(2-dimethylaminoothyl)-4-hydroxyindl}!t' |                                             || 15                                         |                                             || 9                                          |                                             || '0                                         |                                             || psilocybine                                |                                             || 3-(2-dimethyl~minoethyl)-indolzt'-4-yl    |                                             || dihydrorfn                                 |                                             || phosphau                                   |                                             || ii                                         |                                             || stp,dom                                    |                                             || 2-am;no-'-(1is-dimelhoxy-4-mcthyl)        |                                             || pllejylpr()pan~                           |                                             || iii                                        |                                             || tenocyclldine                              |                                             || tcp                                        | 1-[ 1-(li-thienyl) cycloht'xyl] r·iperidine || thc                                        |                                             || i!                                         |                                             || tetr                                       |                                             || a                                          |                                             || hydroc3llnabinols the following isomerll |                                             || 110                                        |                                             || ~6a                                        |                                             || (roa)·                                    |                                             || ~6a(7l                                    |                                             || /';                                        | 7,                                          || ~8 ~9,                                    | ~                                           || 10,                                        |                                             || ll9(1i)                                    |                                             || allcl                                      |                                             || their stereuchemical variants              |                                             || dob                                        |                                             || 2, 5-dimethoxy-4-bromoamphetaminr          |                                             || 14                                         |                                             || mda                                        |                                             || 3, 4-ldc'thylenedioxyamphetamine           |                                             |is 16 amphetamine (± )-li-amino-l-phenylpropanr i, dexamphetamine (+ )-a-amino-i-phenylpropane g-(o-chloropbenyl)-:z-methyl-4"(sh)quinazolinode 18 mecloq,ttalone (+ )-a-methylamino-i-pik-nylpropane ii methamphetamine 10 methaq11alone 1i-me,hyl-3-0 -tolyl-4(sh)-quinazolinone g-phenyl-2 (ll-piprridyl) acetic acid methyl t'ster 30 i-(i-phtnylcyclohexyl) p:pcridine pof iii methylphenidate  i'rbncyclldine s-methyl-a-phenylmorpholine ~s phenmetrazine s-bthyl-5-(s-methylbutyl)-barbituric 8(id a4 amobarbital 5-( i-cyclohe~n-l-yl)-5-cthylbarbituric acid 15 cyolobarbital a-ethyl-a-phenylglutarimidc ai glttl'ethimlde 35 7 pentazocinel | lli,                                            ||---------------------------------------------------|| 3-(8-                                             || methyl-a-butenyl)-a 6-mr:thano-g-bienzuocin-8-01 || s-bthyl-s-' i-methylbutyl) barbituric acid        || s-allyl-s-( i-metbylbutyl) barbituric acid        |is hntobabbital  iboobariital  tdternatloaai nod-proprietary name| olhn                                        | non-proprietary    ||---------------------------------------------|--------------------|| chcotniatl                                  | name               || sl                                         |                    || nu                                         |                    || "i\l"~~                                     |                    || u-uhlol'o-,-uacthyl-6-pbetl,s","+iridojo'it |                 || [i,                                         |                    || 41                                          | bconzodiazepine    || gil                                         |                    || aijafta,l'!oiam·                          |                    || 5                                           |                    |:1-" dicthylan~no) propiophcononr 31 amfepramonf 5,5-dlerhyloorbiturie ae>id 92 barrital n-bcnzyl-n, 0( -dimethytphenethylamine 33 benzphetamine ,-bromo-i, g-dihydro-5-(llpyrijtyj)«h-i, -•• diazepin-2-ojic  34' bpomazepami 10 35 cama7epamt ,-chloro-i, g-dihycfro-s-hyclroxy-lmethyl-5iji!euyl iih-i, 4-benzodizcpin-2~, ~te (coster) ,-chluro-ii-(methylamino)-s-phen yl-sll-i, 4-benmdiazc:pillt'-<!-oxide 36 chrordiazepox!dei 15 37 cj,obaz,\mi ,-chloro--rnethyl-5-phmyl-ih-i, 5-ben,diaepide-t, 4(gh, 5h)-dione 3" cron azf:pam-5-(o-chloropbenyl)-i, 3-ctihydro-7-nitro-2b',-t ixmzodia7epin-2-olll' 20 39 cr,orazepatei 7-chloro-ii, 3-oihydroog~·5pbenyt·ih· f·beuodiazc" ine-3-carboxylic acid <10 clotiazepami 5·( =-chlorophenyl)-7-etbyl·i, s-dihydro-imetbyl-dl tht'nl) [2, 3-e]-i, f-d'zt'pin-2- one lo-clhlol'o-•• b-(o-cbloropbeny )·2, s, 7,lib·tetnbyclro-ulc'izojo-[3, \i-d] [r,4] bcnodiuepj~;lsh)-olie '1' cioxa,zor'lw 25 42 dejori\zepami 7-chloro-5-(o-chlorophenyl)i, 3-clibydrooth-r,  bt'nzodiazepin-\ionc' 43 dlazrpj\mi ,-chloro- i, 3dihydro-l-methyl5-pbenyl-ah-i,  b  n7odia-pij~iz-oiie 30 44 bstazol\mi r-chl~ro-6~phcnyl-4-h-i-trisolo [f, lj4) [~' • fl bed-zljdazepmc  e,hvl-2-chloro"inylemynylcarbinoj 45 ethchior" ynor i-elh yn ylcycloliexanoicarbadlate 46 ethinamate ethyl ,-cbioro-5·(o-fllioropheq)u~~4i8o i h-i, f-benzociallcpinc'·s-carbosyla'le'" ,  35 4" ethylloplazrpatv 46 fll1diarnp\lci 7-chloru-5·(o-f1uorophenyl)-i, g-4f~vdrn~- hr1"a i, 4-benzodiallcpinii-one  r7",("" ~ - 49 plunitrazepami 5-( ,-'piuoropbenyl)-i, 3·dihyd"o-i·lpethyl·'-i\i~h i, 4-benzodiallcpin·2000cjdc  ' 40 50 pluradpami 7-chloro--rll-(cliethylamino) edayl]·5·co-ftuoropheayl) i, 3-dihyaro-2h-i, 4-benllodiuepllh-cjdc 51 ha1,azepam' 7-ch,oro-" g-dihydro·s-phllllyl·l (1i,iigtriftuorqethyl) 2, h-i, 4-benzodiuepin-2-one 52 h~loxazol~mi 45 lo-bromo-1 rb-(o-f1uoropben)i)-li,3,7, iib-eetrahy-, drooxalolo [3, 2d] [i fl·benodiuepid~ c~ ode 53 ketazolamt ii-chloro-8, 12h-dihydro-2, 8-dimethyl·lstboplaeayl· 4h1j g]~xaino-[3, 1i-d] [i, 4] beil_~ 7(6h)-dione spa (-) -r -dimcthylamino-i, ii-dipbenytethane 50 54 lefetamlne 55 loprazolam-6-(o-chlorophenyt)·ii, 4-4ihydro-a·lc  ,ii!iperaaiayl) millthyledc]-8-ditrg-is-_c6aa· [i, st  ] [i, 4] benxliaepid-i-ode 7-chloro-~·(cm:h!orop~yi)-i, 3-dih)'lh-t"'~ iih·i, 4-beuociiuepiaofi-one 56 lollazejlami 55  i  u_ioii  i  , _me81 no other jion·p,opri,tory name chemical name 57 lolucbtaummt 7-chjoro·5·(o-chjorophenyl)'i,  s~ydro·sbyciuy·i: methyj-ah'i, 4-benzodiuepid -a-ode 5 58 m<\zlndol 5-(eqhjorophm)'1)-ii, 5-dihydro-3h·imidilld [i, "0] boindo)·s-ol 59 medf\zr~ami 7·chlaro-li, 3·clihydro-lmetbyl-:;·poonyl·ibi, 4-bensodiallqjine iimethyl-g-propyl·i, s·propailc:4iol dicarbamate 60 mbpkobaiiate 10 61 ~bthylphenobarbitai 5·ethyl-lmethyl-5phenylbarbit1lric acid fill nb'rhypjtylon 3, s·dietbyl·5·met!ayl-a 4·piperi4inc-dione 6s nimetazepami i, 3·dihydro-lmethyl,nitrc-5-phenyl-ahi, ,,-ben aocliacpid -a-ode  ~ nitrazepami i, 3-dihydro-7·nitro-5·pbeuyl·1 h·i, 4·benzodiaae· 15 pin'li-one 6~ nordazepami ,-cblaro-i, s-dibydro-s·phenyl'l (lih)·i ••• benlodiaerpin-a-ooe 66 oxazepam' ,-ch10r0-i, s-4ihydro-s-hy4roxv·s-phcnyl-ah'i, 4· benllodiuepin'i-ode 20 67 oxazolami io-chloro-a, 3,7, 11 b-tetrahydrolimcthyl-1ib-pbaryl oxaaolo [s, li·d] [14] benlociiuepid-ti csh)-onc 68 phendlmetraz[nf (+) s, fodimetbyl'li pben)irnorl·holine s-bthyl s-phenylbarbituric acid 69 phenobarbtt ai e( e( ·dimethylphenethylamine 70 phbn1'b&m[ne 71 plnazbpam' 7-chlaro-l, s·~ihydro-s·phenyl·i'(lipropynyl)'lili'i, 4·bmaodiutpin-a-odc  1,i·dipbenyli(gpiperidyl)·metbanol 71 pipradrol 73· prazepami | 7·cblora·1 (cyclcpropylaaetbyll                       | )'i,ls-dibydro-s·pbenyl    ||--------------------------------------------------------|----------------------------|| lihi,4-&enllodiuepin-lt-one                         |                           || 30                                                     |                            || ,·cbioro-i,s-dihyciro-s·hydroayl·metbyl-s·pbedyi-a!i |                            |7s· temazbpam' 1,4·benzodiaz~pid-it-one '75· tetrazbpaw' '1cbloro-5~(cyclohexen-lyl) i,3-dihydro-l-jlletbyl  li  1  benzodialcpinli-one  ;e 'i'luazolami8 chlor0-6-( o-chlorophedyl)me&byl  h- triacolo (43' a) (1,4) bcdzodl  epiue " sahl·  t' 'iq)ariuiolli of abo  t' - the statutory control over narcotic drugs is exercised in india through a number of central and state enactments the principal central acts, namely, the opium act, 1857, the opium act, 1878 and the dangerous drugs act, 1930 were enacted a long time ago with the passage of time and the developments in the field of illicit drug traftle and drug abuse at national and international level, many deficiencies in the existing laws have come to notice, some of which are indicated below:-(i) the scheme of penalties under the present acts is not sufficiently deterrent to meet the challenge of well organized gangs of smugglers the dangerous drugs act, 1930 provi~es for a maximum tenn of imprisonment of 3 years with or without fine and 4 years imprisonment with or without fine for repeat offences further, no minimum punishment is prescribed in the present laws, as a result of which drug traffickers have been some times let off by the courts with nominal punishment the country has for the last few years been increasingly facing the problem of transit traffic of drugs coming mainly from s\)me of our neighbouring countries arad destined tnainly to western countries (ii) the existing central laws do not provide for investing the officers of a number of important central e51forcement agencies like narcotics, customs, central excise, etc, with the power of investigation of offences under the said laws (iii) since the ena,ctment of the aforesaid three central acts a vast body of international law in the field of narcotics control has evolved through various international treaties and protocols the government of india hils been a party to these treaties and conventions which entail several obligations which are not covered or are only partly covered by the present acts ' (iv) during recent years new drugs of addiction which have come to be known as psychotropic substances have appeared on the scene and posed serious problems to national governments there is no comprehensive law to enable exercise of control over psychotropic substances in india in the manner as envisaged in the convention on psychotropic substances 1971 to which also india has acceded 2 in view of what has been stated above there is an urgent need for the enactment of a comprehensive legislation on na,rcotic drurs and psychotropic substances which, i'rter alia, should consolidate and amend the existinj{ laws relating to narcotic drugs, strengthen the existing controls over drugs of abuse considerably enhance the penalties particularly for trafficking offences, make provisions for exercising effective control over psychotropic substances and make provisions for the implementation of international conventions relating to narcotic drugs and psychotropic substances to which india has become a party 3 the bill seeks to achieve the above objects nzwdelhi; vishw anath pratap si~qjl the 18th august, 1985 c14uae 2-this clause defines the various expressions occurring in the bill , 'clause 3-this clause empowers the central government to amend the schedule of psychotropic substances ciczu8e 4-this clause specifies measures which the central govern  ment is required to take for the purpose of preventing and combating abuse of narcotic drugs and illicit traffic therein claure 5-this clause deals with the appointment of officers of the central government and their powers and functions to carry out the purposes of the proposed legislation clan'po 6-this clause envisages the appointment by the' central government of an advisory  committee to be called "the narcotic drugs and psychotropic substances consultative committee" clawle 7-this clause empowers the state government to appoint officers to carry out ,the purposes of the proposed legislation cicluge s-this clause prohibits the various operations such as culti-vation, manufacture, possession, sale, purchase, transport, import, export, etc in relation to all the narcotic drugs and psychotropic substances except for medical and scientific purposes and to the extent and the manner' provided by the other provisions of the proposed legislation and the rules made thereunder 7" clause -9-thii,clause empowers the central govetn111ent to petmit, codtrol and regulate (subject to the provisions of clause 18) by rules certain operations lin relation to certain narcotic drugs 2nd· psychotropic substances 79· 73 t clatiae 10-'phis clause empowers the state government to permit, control and regulate by rules (subject to the provisions of clause 18) certain operations relating to certain narcotic drugs '75, clause n-this clause lays down that narcotic drugs and psychotropic substances shall not be hable to be destrained or attached cluu'1e 12-this clause prohibits all external dealings in narcotic drugs and psychotropic substances except with the previous authorisa~ tion cif the central government clguic l3-this clause empowers the central government to permit certain operations relating to coca leaves for use in the preparation of an, flavouring agent clame 14-this clause empowers the government to allow cultt: vation of cannabis plant for certain industrial purposei and for horticultural purposes'  cztwie 15-nu clause provide- for pwji,hment for contravention"tii illation' 0 peppy straw, i, - czause 16-this clause pro\tides for punishment in relation to' coca pl8l'1t and coca leaves clause 17-this clause provides for pumihment for contravention in relation to prepared opium clause is-this c181use ptrovides for punishment for eontrawdtion in relation to the opium poppy and opium czause 19-this clause provides for punishment for embezzlement by cultivator of opiwn cultivated on acccowlt of the central government clause 2o-tbis clause provides for punishment for contravention in relati~n to cannabis plant and cannabis clause 21-this clause provides' for pw11sbrnent for' contraventiun in relation to manufactured drugs and preparations clame 22-this clause provides for punishment for contravention ia relation to psychotropic, substances clause 23-this 'clause pi'ovides for, punishment for illegal lmport into india, export from india or transhipment of narcotic drugs and psychotropic, substances clause 24-th1s ~lause provides for punishment for external deau~ in narcotic drugs and psychotropic substances' in contravention of cl&use 1~ " clause 25-this clause provides for punishment for allowing premises, etc, to b~ used for commission of offences under the proposed legislation clause 26'-tl:tis clause' provides for punishment for certain acts by licensee under the proposed legislation or his servants clause 27-this clause prbvidas for punishment for illegal posseiiibn in small quantity for personal consumption, of any narcotic drug or psychotropic substance, or for consumption of such drug or substance  ,   ctlause 28-this clause provides' for punishment for attempts - to commit 01!ences under the proposed legislation cbause 29~this clause provides'for punfshthent for'abetrbent of, and criminal conspiracy to commit, offences tinder the! proposed legislation: clause 30-this clause 'provides for puriishmebt f6r' prepai'stfon ,to commit offences under the proposed legisiation cleme 31--sub-c1ause (1) of this clause provides for emhafu!ed punishment for certain offences after previous conviction sub-dause (2) of ,this clause provides that an, corivictioj1' under any, corresponding law outside indiashau be treated as conviction in india for ute putpoes of enhanced punishment c' cf,aub~ 32-this is a residuary clause which provides for 'punishment for offence~ for whjch no punishment is separatt!ly provid~ clause is-this clause provides that the benefit of probation imder section 360 of the code of crinunal procedure, 1973 or under the proba  tion of offenders act, 19'58 shall not be available to certain offenders above 18 years of age clause 34-this clause empowers a court convicting an of!ende~ under the proposed legislation to require him to furnish a bond for abstaining from committing similar offences for a period not exeeeding three years claube 35-this clause contains a rule of evidence and provides that in any prosecution under the proposed legislation the existence of culp- able mental·state shall be presumed clause 36-'lhis clause provides for summary trial of offences of petty nature by magistrates of the first club clause 37-this clause makes cognizable all offences under the pro-$josed legislation clame 38-this clause renders criminally liable the directors and principal oftlcers of the companies and finns for of!ences committed by such companies and ftrms clame 39-'l'his clause empowers the cdnvicttng court to release an ~ddict-offender after· admonition and on probation for undergoing medical ~atment for de-toxication or de-addiction, clame 4o-this clause empowers the court to publish tltil! names, places of business, etc, of the offenders convicted of trafficking offences in relation to narcotic drugs and psychotropic substances clause 41-this clause empowers (in addition to the ftrst class magistrates and specially empowered second class magistrates) the gazetted officers of the central excise, narcotics, drugs control, customs, revenue intelligence border security force, revenue excise, police or other departments of the central and state governments to issue warrants and authorisations f~r attests, search and seizure clause 42-this clause empowers the officers of the above mentioned departments of the centtal and state governments to arrest, search and lieize without warrant or authorisation clamp 43-'i'his clause deals with power of the above mentioned qfficel's -of seizure and arrest in public places clau'1e 44-this clause lays down that the powers of entry, searcli, seizure and arrest available in relation to na,rcotic drugs find psycliotropic su1:istanees shall also be exercisable in relation to the offences eon  nected with coca plant, the opium poppy and cannabis plant  clause 45-this clause prohibits the removal of tlie goods which are liable to confiscation but are not capable of being seized ceaube 46-this clause enjoins duty upon the ~n~holders to live jnft;lnnatlonof illegal cultivation of the opium- poppy, cannabis plant ad(! coca plant to the law enforclng a·~etes, czgwe 47-this c1aule enjoins a duty upon all the goverllmflli; '01ticer& panches, surpanches and other village officers to give infonnation of illegal cultivation of the opium poppy, coca plant and cannabis plant to the law enforcing agencies culuose 48-this clause empowers magistrates to order attachment of "iuly opium poppy, coca plant and cannabis plant illegally cultivated clause 49-this clause empowers the law enforcement oftlcers to stop add search animals and conveyances used for the illegal transport of narcotic drugs and psychotropic substances claube sq-this clause specifies conditions under which search of persons arrested 'shall be conducted clauve sl-this clause makes applicable the provisions of the code of criminal procedure, 1973 to all warrants issued and arrests, searches and seizures made under the proposed legislation clause s2-l'htis clause lays down the manner of disposal of persons arrested and articles seized in connection with offences czause 53-this clause empowers the central government add the state government to invest officers of certain departments with powers of an officer-in-charge of a police station for the investigation of offences under the proposed legislation clauose s4-this clause contains a rule of evidence and lays down that in any trial under the proposed law, the accused who fails to account satisfactorily for the possession of any incriminating drug, substance or material, etc shall be preswned to have committed an offence, in relation to such drug, substan!e, material etc clause 55-this clause enjoins a duty upon an officer-in-charge of the police ~tation to receive and keep in safe custody the goods and articles seized under the proposed law and delivered to him clause 56-this clause requires all the law enforcing officers to assist each other in carrying out the provisions of the proposed law clause :"/-'l'his clause requires a law enforcing officer to make a report within 48 hours of every arrest or seizure made by him to his immediate alillperior clcuae :>u - ;this clause makes provision for punishment for vexatious entry, search, seizure or arrest made under the proposed law clause bl:l-this clause provides for punishment for failure of oftlcers in their dl1ty or their connivance at the contravention of the provisions of the proposed legislation cza;uge 6o-this clause provides that any drug, substance; plant, material or conveyance in respect of which or by means of which ari offence has been committed or which has been otherwise used in the c:onunission of any offence under the proposed legislation would be hable til confiscation clguie 61-this clause lays down that goods used for conc:eaitq dzu"or 'substances liable to r:onflscation'~ also beh~'o~~ted" ' c14ube 62-this clause provides for the conftscation of the sale proceeds of illicit drugs or substances  " ' cza'use 63-this clause details the procedure to be followed in making confiscations clause 64-tbis clause empowers the central government and the state governments to tender immunity to approvers clawe 65-this clause empowers the central government and the state govenunents to make rules for the dis~al of confiscated articles and provide for rewards to officers and informers cu&ube 66-tlus clause contains a rule of evidence and envisages the r~i of preswnption of the genuineness of the documents tendered in evidence in prosecution under the propoaed legislation clauae 67-this clause empowen the central government adii state government to call for information, and require any person to  prodw:e or deliver any document or thing or to examine any person in connection with 'the contravention of any provisions of the proposed legislation ciaube 68-this clause grants privilege of the non-disclosure of tl;le ource of information relating to the commission of offences clause 69-this clause grants immunity from civil and criminal proceedings: to the central government and state governments and their officers for exercising their powers or discharging their functions or tdr' anything done or intended to be done in good faith c1c&use 70-this clause lays down that the central government aild the state governments shall have regard to international conventions while making rules ctcwte 7l-this clause empowers the central and state governments ~ eatabliah centres for identification, treatment, etc, of addicts 'and for' mpply of narcotic drugs and psychotropic subetancea where such supply is a :lmdical necessity clause 72-this clause lays down that the amounts recoverable under the proposed law shall, in the event of default of payment, be recdverable by attachment and sale and in the manner al for arrears of land revenue cw1ue 73~th1s clause bars the jurisdiction of clvi1 courtl to enter  tain&ny suit'or proceeding in the matters relating to withholding, refusat or cancellation of licence for cultivation of the opium poppy; weighment, examination, and classification of opium and confiscation of adulterated opi~ clause 74-this clause contains transitional provisions to enaure the contbfuld appointment of the enforcement officers tlause 75-sub-clause (1) of this clause empowers the centrai government to delegate its powers and functions to the board or any other authority or t~e narcotic commissioner   sub-clause (2) of this clause empoweis the state government to delegate its powers and functions to any authority or officer cla'u8e7fl-this clause empowers the central government to make r:wes fof carrying out the pu1'pqlles of the proposed legislation clause 77-this c1a~ provides that ~ ~ made an,4 notifications issued by· the central gov~~t sqall be laid before each house of parliament    clause 78-this clause' ·empowers the state governments to malre rules for carrying out the purposes of the proposed legislation ctauie 7g,-this clause lays down that the prohibitions and restrictions imposed under the bill on the import into india and export from india and transhipment of narcotic drugs and psychotropic substances shall be deemed to be prohibitions and restrictions under the customs act, 1962 ' cl~u,be so-this clause lays down that the proposed law shall be in addition to and not in derogation of the drugs and cosmetics act, 1940 clauc!e s1-this clause saves the validity of state laws in matters of punishment and restriction in relation to the cultivation of cannabis pl~nt or consumption of, or traffic in, any narcotic drug or psychotropic substance within india clf11t,e 82-tb,is c~u~ repeals the opium act, 1857, opium act 1878 an~ th~ dan,ge~o~s drugs act, 1930 which are the laws presently applicable to the subject matter of narcotic drugs clause 83-this clause empowers the central government to remove diftlculties which may arise in giving effect to the provisions of the proposed legislation the enforcement of the propo:red legislation oj) narcotic d,ru8s ~d psychotropic substances immed,j,ately afler the enactment of the bill relating thereto in so far as the same relates to the central government will be done by the existing central enforcement machinery' clause 4 of the bill contains a prqviaion under which the central  government may, by order if it considers neceasllj or expedient so to do constitute an authority or a hierarchy of authorities for the p1up088 of exercising such of the powers and functions of the central government as may be mentioned in the order this is merely an enabling provision and it is only in the light of the working of the legislation that the central government would be able to decide as to whether it would be necessary to constitute an authority or hierarchy of authorities and, if so, as to what would be the composition of such authority or hierarci1y of authorities in the circumstances, ~t 'is not possible at this stage to visualize the nature and quantum of the expenditure which may be ipvolvedin the event of any authority or hierarchy of authorities being set up under this clause clause 5 of the bill envisages appointment of the narcotics commissioner and other officers it is proposed at this stage to enforce the legislation through the narcotics commissioner presently working as such and other available machinery no additional expenditure would, therefore, be involved on this account clause 6 of the bill, inte1" alia, provides that the central govemment may constitute an advisory committe to be called "the narcotic drugs and psychotro~ substaru:es consultative committee" to advise the central government on such ma~ relating to the administration of tae proposed legislation as are referred to it by :that government from time to time having regard to the scheme of tlie constitution of the said consultative conunittee in the b111, the committee would mainly consist of officials in case non-officials are appointed or services of nonofficials are utilised by ·the com,mittee, some expenditure would be :nvolved it is, however, not possible to viaualize at this stage the actual additional expenditure which may be involved on this account clause 71 of the bill, inte1" glia, empowers the government to estab  lish centres for identification, treatment, education, after-care, rehabilitation, etc, of addicts this is also in the nature of an enabling provision as far as the central government is concerned, it will be aole to take decision regarding the establishment of such centres, only after a comprehensive review of the drug abuse situation and the arrangements and f~ilities already existing in this regard in the government hospitals and institutions however, the provision of this clause would mainly concern the state governments the intention of the government is to manage with the existing machinery to the maximum extent possible for the reasons already stated, it is not possible to visualize the nature and quantum of additional expenditure which may be involved by reason of the provisions of clauses 4, 6 and 71 sub-clause (3) of clause 1 empowers the ~ntral government to appoint the date of commencement of the act and the different provijiiqtls thereof and for different states item (b) of sub-clause (xi) of clause 2 empowers the central government to declare any narcotic substance or preparation to be a manufactured drug or declare any narcotic substance or preparation not to be such a drug item (a) of sub-clause (:wi) empowers the central government to notify any pharmacopoeia other than an indian pharmacopoeia for the purposeg of that provision item (b) of sub-clause (xvii) empowers the central governmert to declare of any plant of anyother species of papaver to be opium poppy for the purposes of the law the explanati'on to clause 2 empowers the central government to prescribe any basis other than the one mentioned in that explanation for the' purpose of calculating percentages in liquid preparations clause 3 empowers the central government to amend the schedule containing the list of psychotropic substances 6ub-clause (3) of clause 4 empowers the central government to constitute an authority or an hierarchy of authorities for the purpose of exercising powers and functions of the central government clause 6 empowers the central government to constitute an advisory committee to be called the narcotic drugs and psychotropic substances consultative committee and als'o to prescribe the conditions and restrictions subject to which a non-member shall be appointed to a subcommittee of the said committee clause & empowers the central and the state governmentr to make rules to prescribe the manner and the extent to which certain operations in relation to narcotic drugs and psychotropic substances shall be permissible for medical and scientiftc pttrpoijes clause 9 empowers the central govemment to make rules to permtt control and regulate certain operations relating to narcotic drugs and psychotropic substances --- ---- clause 10 empowers the state government to make rules to pennit, control and regulate certain operations relating to harcotic drugs clause 14 empowers the central and the state governments to allow, by a general or a special order, cultivation of any cannabis plant for industrial or horticultural purposes and specify the conditions therefor clause 27 empowers the central government to notify the narcotic drugs or psychotropic substances, the possession for consumption of which shall be an offence under this clause and also to specify the quantity which shall be treated as "small quantity" for the pu1'po,be of an offence under this clause sub-clause (1) of clause 41 empowers the state government to empower any megistrate of the second class to issue warrant for arrest sub;clause (2) of this clause empowers the cehtral and the stat governments to empower the ga~tted otbcers of their ~ft departments mentioned in the sub-clause to issue authorisation for the arrest of persons clause 42 empowers the authorised offteoers of eertain departments of the central government and the state government to enter, tearch, seize find arrest without walt8nt clause 48 empowers the state government to specially empower any magistrate other than a metropolitan magistrate or a magistrate of the first class to order attachment of the opium poppy, eannabis plant or coca plant, illegally cultivated clause 53 empowers the central government and the state govemments to invest the powers of an officer-in-charge of a police station on the offlcers of certain departments of the central and state governments clause 65 empowers the central and state governments to make rules to regulate the disposal of confiscated articles and to provide for payment of rewards to the officers, informers and other persons clause 66 empowers the central government to ptescrlbe the manner in which and the authority by which the documents received from foreign countries shall be authenticated clause 71 empowers the central and the state governments to make rules relating to the establishment appointment, maintenance, management and superintendence of, and for the supply of narcotic drugs and psychotropic substances from, the centres and for the appointment, training, powers and duties of persons employed in such centres sub-clause (1) of clause 75 empowers the central government to delegate its powers and functions to the board oraby other authority or the narcotics 'commissioner sub-clause (2) of this clau!e empowers the state government to delegate its powers and functions to any autliority or oftlcer clause 76 empowers the central government to make rules to earry out the purposes of the proposed legislation clause 78' eltlpeftvetb the" sta'te go~' to 1wske- ruyel! tb eatry out the pt11'j:iose9 df the proptosed legislatfon·  clause 83 empowers the central govemment to make any provision not inroilsistent with the provision of the a,ct to remove any c:ufilculty to glvmg effect to the proposed legislation within three years of its enactment the field of :narcotic drugs and psychotropic substances has been a continuouslly developtng and chjanging one moreover, it would be necessary to give effect to the fresh decisions that may be taken under the international conventions· it is, therefore, necessary to empower the central government to declare any narcotic substance or preparation to be a "manufactured drug" or to denotify the same or to add to or omit any substances from the list of psychotropic substances thus, the delegation of power in respect of these matters is considered necesljfu"y: under the existing law contained in the opium act, 1878 and the dangerous drugs act, 1930 (to be repealed) the power of control and regulation in relation to narcotic drugs vests in the central and state governments it is proposed to continue the same pattern of control and regulation lulder the bill the delegation in respect of the remaining items relates to administrative details and procedure the delegation of legislative power involved is of a normal character  a billto consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic 8ubstan('es and for matters connected therewith (vihwgrclth ptatop singh, minister 0/ finance) 