NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES LAWS Containing Narcotic Drugs and Psychotropic Substances Act, 1985 Narcotic Drugs and Psychotropic Substances Rules, 1985 Narcotic Drugs and Psychotropic Substances (National Fund for Control of Drug Abuse) Rules, 2006 Appellate Tribunal for Forfeited Property (Procedure) Rules, 1989 Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Rules, 1989 Narcotic Drugs and Psychotropic Substances (Authentication of Documents) Rules, 1992 Narcotic Drugs and Psychotropic Substances (Execution of Bond by Convicts or Addicts) Rules, 1985 Narcotic Drugs and Psychotropic Substances Consultative Committee Rules, 1988 Illegally Acquired Property (Receipt Management and Disposal) Rules, 1989 Appellate Tribunal for Forfeited Property (Fees) Rules, 1989 Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 1993 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 Notification Specifying Small and Commercial Quantities

By:

K.M Shanna & S.P. Mago (Advocates)

KAMAL PUBLISHERS D-232, Sarvodaya Enclave, New Delhi - 110017 Phone : 26964938, 9899338766, 9899697939

CONTENTS THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 Statement of Objects and Reasons

1

CHAPTER 1 PRELIMINARY 1. Short title, extent and commencement

4

2. Definitions

4

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

Acquittal by H.C Bail Bail — Granting/Refusal of Bail—Poppy straw—Recovery of 35 kgs Bail—Recovered Heroin—Contradictory reports of two laboratories — Effect Forfeiture of property Illrd bail application—Consideration of Mandatory provision — Non-compliance — Appeal against acquittal Narcotic Law Powder of Oxezepam—Quantity—Estimation—Small quantity defined 20gms Recovery

12. Recovery of Ganja, 1.61 Kgs

11 11 12 13 13 14 14 15 15 15 16 16

3. Power to add to or omit from the list of psychotropic substances

17

1. Order of detention passed by special officer—Empowered under Section specially

17 CHAPTER 2

AUTHORITIES AND OFFICERS 4. Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc 1. Mere fact that some of the officers of the NCB are also authorised to exercise 2. Narcotic Control Bureau 3. Scope of vii

18 19 20 21

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5. Officers of Central Government

21

6. The Narcotic Drugs and Psychotropic Substances Consultative Committee

22

7. Officers of State Government

22

CHAPTER IIA NATIONAL FUND FOR CONTROL OF DRUG ABUSE 7A. National Fund for Control of Drug Abuse

23

7B. Annual report of activities financed under the fund

24

CHAPTER 3 PROHIBITION, CONTROL AND REGULATION 8. Prohibition of certain operations 8A. Prohibition of certain activities relating to property derived from offence 1. Accused persons were suspected of having concealed certain foreign substance in their body cavity 2. Acquittal on ground of chemical analysis by non-prescribed laboratory 3. Acquittal—Challenged by state 4. Adverse inference 5. Applicability of amended provisions to pending appeal 6. Bail—Charas—Recovery of 400 gms 7. Bail—During pendency of appeal—Recovery of 75 gms. charas 8. Bail—Grant/reject of 9. Bail—House of applicant searched but nothing incriminating recovered 10. Bail—Poppy straw—Recovery of 35 kgs 11. Bail—Recovery of 14.550 kg. of Heroin 12. Bail—Recovery of 15 gms. smack—No public witness of recovery 13. Bail—Recovery of 34 kilograms of poppy husk 14. Both attesting witnesses turned hostile—Police witnesses—Solitary and uncorroborated testimony—Not of sterling worth—Appellant acquitted 15. Chemical Examination report not tendered in evidence by any witness— Court suo motu marked it as exhibit—The same can't be taken into consideration 16. Confession—Retracted 17. Contraband seized—Conviction and sentence 18. Contraband seized—Conviction and sentence 19. Contraband seized—Conviction and sentence—Spot witnesses turned hostile 20. Contraband seized—Deposited with one "A" incharge of Malkhana 21. Contraband—Hostile witness 22. Contraband—Huge quantity 23. Conviction and sentence by Special Judge 24. Conviction and sentence.

24 25 27 29 29 29 30 30 30 30 31 31 31 32 32 33

34 35 35 36 36 37 38 38 38 38

Contents 25. Conviction and sentence—Appeal—Ganja recovered—Two witnesses of public 26. Conviction for carrying toddy mixed NDPS 27. Conviction on the basis of retracted confession 28. Conviction—Violation of Section 50—No independent witness 29. Correction of name of accused in seizure memo—Effect of. 30. Criminal Trial—Vehicle seized—Owner was not heard—Confiscation 31. Double jeopardy — Conviction under Indian as well as USA Laws — Quashing of proceedings — Distinct offences 32. Final report—Filing of—Strange 33. In the warrant of commitment to jail 34. Interim custody of vehicle—Recovery of illicit Ganja and arms 35. Mandatory provision of Section 50 has not been complied with by prosecution—Samples recovered from accused on the spot bear different dates of seizure 36. No evidence about custody of contraband from date of its seizure till production before court—Investigation done by complainant police officer —Conviction and sentence set aside 37. No indication in the charge as to who caught hold the accused—Who made search on him and who recovered charas from his possession and who prepared "fard"—No conviction and sentence can be passed on such vague and ambiguous charge 38. Non-application of mind 39. Offences under—Absconding for a long time 40. Offence under—Farming of charges—Principles of 41. Offences under—Information received by IO not reduced in writing 42. Offence under—Recovery of contraband 43. Officials of Narcotic Department claimed themselves to be experts in opium testing by smell or observation 44. Opium recovered from tool box of vehicle—Proof of possession of contraband * 45. Possession of narcotic drugs—Information of 46. Power of Inspector of Custom to file complaint 47. Principle of. 48. Proof of possession of contraband by circumstantial evidence 49. Proof of possession of contraband recovered from jeep 50. Proof of recovery of poppy husk from possession of the accused 51. PW 1 not reduced secret information into writing 52. Recovered "Bhang"—Proceedings under 53. Recovered heroin—Conviction and sentence—No compliance of Section 57 54. Recovered opium—Conviction and sentence—Challenged—No compliance of Rule 13 and 26 55. Recovery of 4 k.g. charas—Conviction and sentence 56. Recovery of Charas and Ganja—Conviction and sentence—Appeal

ix 39 40 41 41 41 41 42 42 43 43

43

44

45 45 45 46 47 49 49 50 50 51 51 51 51 51 51 52 SI 53 54 59

Narcotic Drugs and Psychotropic Substances Laws

57. 58. 59. 60. 61. 62. "63. 64.

Recovery of Charas 60 Recovery of contraband (opium) from possession of accused 60 Recovery of contraband—Proof of 60 Recovery of opium from room 61 Recovery of Morphine Heroin — Appeal against acquittal — Confessions.... 61 Recovery of opium—Applicability of section 50—Appeal against acquittal... 62 Recovery of opium—Proof of 62 Recovery of smack—Conviction and sentence—Search conducted without warrant 62 65. Release of juvenile on bail engaged in dealing with NDPS 62 66. Scope of 62 67. Search and seizure 62 68. Search and seizure—Validity of 63 69. Seized contraband under—Conviction and sentence 63 70. Seizure of narcotic drugs in pocket—Conviction and sentence 64 71. Sought cancellation of bail 65 72. Vague and ambiguous charge—No reliable evidence on the point of catching hold of accused 66 73. Witnesses have turned hostile 67 74. Witnesses of fard of search and seizure declared hostile 67 9. Power of Central Government to permit, control and regulate 68 1. Report of Chemical examiner 71 9A. Power to control and regulate controlled substances 72 1. Conviction under 72 2. Efficacy of law 72 3. Sentence imposed by High Court—Legality of 73 10. Power of State Government to permit, control and regulate 73 11. Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment

75

12. Restrictions over external dealings in narcotic drugs and psychotropic substances............................................................................................

76

1. Double jeopardy—Conviction under Indian as well as USA Laws— Quashing of proceedings—Distinct offences 13. Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent........

76

14. Special provision relating to cannabis

76

75

CHAPTER 4 OFFENCES AND PENALTIES 15. Punishment for contravention in relation to poppy straw... . .... 76 1. 18 bags of poppy straw—No independent witness—Non-compliance of Section 42 and 50 78

Contents

xi

2. 40 kg. Poppy Husk recovered from truck—Conviction and sentence— Possession not proved 80 3. Acquittal by H.C 81 4. Affidavits of police officer not put to accused when he was examined under Section 313 CrPC 81 5. Alternative charge—Driver of vehicle 82 6. Anticipatory bail—40 kgs poppy husk recovered 82 7. Appeal against acquittal — Rejected summarily .-. 82 8. Arrest under NDPS Act 83 9. Bail—Grant/Rejection of—Two other co-accused already obtained bail— Rest the facts are similar as the co-accused—Granted bail 83 10. Bail—Poppy straw—Recovery of 35 kgs 84 11. Bail—Recovery of 20 gms charas and 20 gm. Smack 84 12. Bail—Recovery of 63 kg of poppy husk 85 13. Bail—Recovery of 675 gms of Hashish—Below commercial quantity— Foreigner—Determination of 85 14. Both attesting witnesses turned hostile—Police witnesses—Solitary and uncorro-borated testimony—Not of sterling worth—Appellant acquitted..... 85 15. Conscious possession 87 16. Contraband recovered not from person of accused—But the same recovered from bag which was being carried by accused 87 17. Contraband seized—Conviction and sentence. 88 18. Contraband seized—Deposited with one "A" incharge of Malkhana 89 19. Contraband—Hostile witness 90 20. Contraband—Huge quantity 90 21. Conviction and sentence by Special Judge 90 22. Conviction under 90 23. Conviction under—Poppy husk bags 90 24. Criminal Trial—Vehicle seized—Owner was not heard—Confiscation 91 25. Delay of 18 days in sending sample — Not explained 91 26. Doubtful recovery of contraband 93 27. Ingredients—Possession is core ingredient to be established—Before the accused in the case are subjected to the punishment under Section 93 28. Offence of possessing of narcotic drugs—Proof of 95 29. Offence under 95 30. Offence under—Farming of charges—Principles of 96 31. Poppy straw—Recovery and seizure of—From truck driver 98 32. Presumption—About possession 98 33. Prosecution produced affidavit of witness—Same was taken into evidence by Court 99 34. Recovered six begs of poppy husk—Determination of conscious possession 100 35. Recovery of 70 kgs Poppy husk 101

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36. Recovery of contraband — Search — Appeal against acquittal 37. Recovery of six bags of poppy husk—Sample and property sealed by S.I and not to independent witness 38. Scope of 39. Search and seizure 40. Search and seizure—Poppy husk recovered 41. Trial under „ 16. Punishment for contravention in relation to coca plant and coca leaves 1. Bail—Recovery of 34 kilograms of poppy husk 17. Punishment for contravention in relation to prepared opium 1. Contraband—Recovery from Bag 2. Illegal possession of smacks—Proof of 3. Offence under—Conviction and sentence 4. Scope of. 18. Punishment for contravention in relation to opium poppy and opium 1. Any quantity which is not a small quantity—But less than commercial quantity 2. Applicability—Act applied in its entirety irrespective of jurisdiction of General Court Martial or other courts v 3. Availability of benefit of amended provisions in appeal pending 4. Bail—Accused had a licensed Bhang shop 5. Bail—Recovery of 15 gms. smack—No public witness of recovery 6. Challenged by state—Acquittal 7. Chance recovery—Contraband 8. Charas—Recovery of—Contradiction about recovery memo 9. Civil offence—Section 18 is an offence 10. Contraband—Confession—Recovery by Custom Officer—Acquittal 11. Contraband—Confession—Recovery by custom officer 12. Contraband—Non appearance of counsel—Exparte conviction—High Court convicted the appellant 13. Contraband—Recovery from Bag 14. Contraband—Recovery of 7.6 Kg of Opium—Conviction 15. Contraband—Recovery of opium from Attachi-case 16. Conviction and sentence—Appeal 17. Conviction and sentence—Manner of recovery was doubtful 18. Conviction under 19. Criminal Trial—Seizure—Purpose of. 20. Dismissal of appeal—Propriety of dismissal of appeal against acquittal by High Court without assigning 21. Final report—Filing of—Strange 22. If articles sent was giving odour of opium 23. Illegal possession of opium—Proof of

101 102 102 103 103 104 104 105 105 106 106 106 107 107 109 109 110 110 Ill Ill 112 112 112 113 113 113 113 113 114 114 116 118 118 118 119 119 119

Contents

24. Mandatory provision of Section 50lias not been complied with by prosecution —Samples recovered from accused on the spot bear different dates of seizure 25. Narcotic Law—Search/arrest by an unauthorized officer—It would be illegal 26. No evidence about custody of contraband from date of its seizure till production before court—Investigation done by complainant police officer— Conviction and sentence set aside 27. Offence under—Recovery of contraband 28. Offences under Section 8 read wifh 18 of the Act 29. Offences under—Acquittal 30. Officials of Narcotic Department claimed themselves to be experts in opium testing by smell or observation 31. Possession of Heroin—Burden of proof—Appeal against acquittal 32. PW 1 not reduced secret information into writing 33. Recovered 5 kg. opium—Conviction and sentence 34. Recovery of 5 kg. opium 35. Recovery of Opium—No procedural illegality in investigation 36. Recovery 37. Said Section provides punishment for contravention of provisions in the Act—In relation to opium and opium poppy 38. Scope of 39. Seizure of opium 40. Special Court 19. Punishment for embezzlement of opium by cultivator 1. Recovered opium—Conviction and sentence—Challenged—No compliance of Rule 13 and 26 20. Punishment for contravention in relation to cannabis plant and cannabis 1. Accused and co-accused individually charged—Therefore acquittal of co-accused will have no effect on conviction and sentence of accused 2. Accused driving scooter and co-accused was pillion 3. Acquittal by High Court in appeal against conviction 4. Acquittal—Appeal 5. Admission of accused before Customs Authorities—Not hit by Section 25 and 26 of the Act, 1872 6. All accused persons were travelling in a vehicle—They were known to each other 7. Appellant not guilty—For unauthorized possession of 98.16 gms. charas—Found in envelope A if not for total quantity of 180.70 gms as charged 8. Applicability of 9. Appreciation of evidence—Recovery of charas 10. Availability of provisions of Amended Act—Quantum of sentence

xiii

119 120

120 121 122 122 124 124 125 125 126 127 127 127 128 129 129 130 130 132 135 135 135 136 136 136

137 137 137 139

Narcotic Drugs and Psychotropic Substances Laws

11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38.

39. 40. 41. 42. 43.

Bail—Accused had a licensed Bhang shop Bail—Charas—Recovery of 400 gms Bail—During pendency of appeal—Recovery of 75 gms. Charas Bail—Petitioner found in possession of 2.75 kgs Ganja Confessional statement — Sole basis of the conviction — Confessional statement was never retracted by the accused Contempt of court Contraband seized—Appeal against conviction and sentence Contraband—Bail—Cancellation of—Trial Court granted bail to accused under section 437 Cr.P.C Conviction and sentence—Accused asked by police Conviction and sentence—Appeal Conviction and sentence—Appeal—Ganja recovered—Two witnesses of public Conviction for cultivating cannabis plants without licence Conviction—Violation of Section 50—No independent witness Criminal Law—Contraband—Recovery of Ganja—Right of Search Criminal Law—Contraband—Recovery of Criminal Trial—Seizure—Purpose of Cultivation of Ganja plant Custody of seal and recovered substance Double jeopardy — Conviction under Indian as well as USA Laws — Quashing of proceedings — Distinct offences Effect of absence of evidence as to which sample was taken Effect of non-compliance of mandatory provision as to search and seizure Effect of non-production of seals used for sealing contraband Entitlement of benefit of Section 41 (1) of the Amendment Act of 2001 to the pending appeal when Amendment Act came into force Final report—Filing of—Strange Illegal possession of "charas" ~ Interim custody of vehicle—Recovery of illicit Ganja and arms Narcotic Law—Search/arrest by an unauthorized officer—It would be illegal No indication in the charge as to who caught hold the accused—Who made search on him and who recovered charas from his possession and who prepared "fard"—No conviction and sentence can be passed on such vague and ambiguous charge Offence under—Conviction and sentence to 10 years R.I. and a fine of Rs. one lac Offence under—Conviction and sentence Offence under—Recovery of contraband Partial options on conviction—Effect of Possession of contraband and conviction thereon—Proof of

139 140 140 140 141 141 142 142 142 143 145 146 146 146 146 147 147 147 148 148 148 149 149 149 149 150 150

15» 150 151 152 153 153

Contents

xv

44. Possession of Heroin—Burden of proof—Appeal against acquittal 45. Possession—It is not possible to conclude that it was actually by him—In so far as more person was in house 46. Proof and conviction—Effect of complainant investigating the case 47. Proof of illegal possession of charas 48. Proof of offence for having planted Ganja 49. Proof of possession of accused in respect of contraband recovered from car driven by another 50. Proof of possession, search and seizure of contraband 51. Proof of seizure of charas and conviction of accused 52. Punishment for contravention 53. Quantum of sentence for recovery of Ganja 54. Quantum of sentence 55. Recovered "Bhang"—Proceedings under 56. Recovered 2 kg. charas in a bag possessed by accused—Conviction and sentence—Challenged 57. Recovered Ganja—Determination of conscious possession 58. Recovery of 2 bags of ganja, each weighing 15 kgs 59. Recovery of 150 gms Ganja and 32 gms Afeem—Conviction 60. Recovery of charas and conviction—Proof of 61. Recovery of Charas and Ganja—Conviction and sentence—Appeal 62. Recovery of charas—Conviction and sentence 63. Recovery of Charas 64. Recovery of Ganja, 1.61 Kgs 65. Recovery of ganja and conviction—Proof of 66. Restrictions under section 37 on the accused of Section 20(b)(i)—Liberal interpretation of Section 37 not justified 67. Said Section provides punishment for contravening any provision of the Act—In relation to manufacturing, possession, selling, purchasing and transporting etc. of canabis i.e. Ganja

153

164

68. Samples prepared 100 gms. Each

164

154 155 155 155 155 156 156 156 156 156 156 157 158 158 159 161 161 162 162 162 163 163

69. Scope of

165

70. Search and seizure of contraband—Proof of

166

71. Search and seizure of Methaquolone—Proof of

166

72. Search and seizure

166

*

73. Seizure of contraband ganja

166

74. Seizure of contraband

166

75. Seizure of contraband—Proof of.

166

76. Seizure of huge quantity of ganja

„

167

77. Sentence for possession of contraband

167

78. Sentence

167

79. Special Court

167

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80. The word 'possession' 81. Two boys arrested with huge quantity of charas—Juvenile Court acquitted one of them as juvenile 82. Two kg. "Charas" was recovered—Appeal against conviction and sentence 21. Punishment for contravention in relation to manufactured drugs and preparations 1. Accused was told only whether he wanted to call any person known to him —It is not in compliance of Section 50 of the Act 2. Acquittal 3. Arrested on a secret information for possession of lOgms smack— Conviction and sentence 4. Bail—Grant/rejection of 5. Bail—Petitioner in custody from last three and half years 6. Bail—Recovery of 14.550 kg. of Heroin 7. Brown sugar contain heroin which is prohibited drug 8. Brown sugar—Shortage of—In sample sent for chemical examination 9. Confession—Retracted 10. Conviction and sentence—Appeal 11. Conviction and sentence—Public witnesses—Not examined 12. Conviction and sentence—Validity of 13. Court granting bail — Cannot assume jurisdiction over internal affair of irT—Accused was a student of IIT 14. Effect of conviction under Section 22 instead of under Section 21 of the Act 15. Illegal possession of Contraband 16. Manufactured drugs containing 60 grams of heroin 17. Narcotic offence 18. Narcotic offence 19. Non compliance of section 52(1)—Would vitiate search 20. Offence under : 21. Offence under—Of serious nature—Providing deterrent punishment 22. Offences under—Absconding for a long time 23. Offences under—Acquittal 24. Officers discharging their statutory duties can't be blamed 25. Possession of Brown Sugar 26. Possession of narcotic drugs—Information of 27. Recovered heroin—Conviction and sentence—No compliance of section 57 >. 28. Recovered manufactured drugs within commercial quantity—Conviction and sentence—Guilt is proved 29. Recovery of contraband 30. Recovery of heroin

168 168 169 171 173 173 173 174 174 175 175 175 178 179 179 180 180 182 183 183 183 184 184 185 185 185 186 187 187 187 188 188 189 189

Contents

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Recovery of heroin—Application for quashing proceedings Recovery of Heroin — Small quantity Recovery of morphine—Proof of Recovery of Morphine Heroin—Appeal against acquittal—Confessions Recovery of opium — Applicability of section 50 — Appeal against acquittal 36. Rejecting bail , „ , 37. Scope of ....___ 38. Search and seizure—Accused not denied the befongings 39. Seized contraband under—Conviction and sentence. 40. Sentence—Quantum of , 41. Smack recovered—Quantity 30 gms 42. Smack—5 gms possessed by appellant Punishment for contravention in relation to psychotropic substances 1. 1.25 kg. Hashish recovered—Sought directions for re-weighing 2. Acquittal 3. Appeal against acquittal 4. Bail—Grant/reject of 5. Contraband—Acquittal—Custom officers recovered heroin at airport from accused 6. Illegal possession of contraband—Proof of 7. Mandatory provision — Non-compliance — Appeal against acquittal 8. Non-compliance of provisions — Recovery of smack 9. Powder of Oxazepam—More than small quanti ty of contraband recovered —Conviction and sentence. 10. Scope of : 11. Seized Diazepam of 20 k.g. from premises Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances 1. Accused persons were suspected of having concealed certain foreign substance in their body cavity , 2. Contraband—Acquittal—Custom officers recovered heroin at airport from accused 3. Double jeopardy —Conviction under Indian as well as USA Laws — Quashing of proceedings — Distinct offences 4. Recovery of huge quantity of ganja 5. Search and seizure—Accused not denied the belongings Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12 1. Bail—Granting of—Offence u/s 24, 29 of NDPS Punishment for allowing premises, etc., to be used for commission of an offence 1. Bail—Recovery of 14.550 kg. of Heroin

190 191 191 191

31. 32. 33. 34. 35.

22.

23.

24.

25.

192 192 192 193 194 195 195 196 196 197 197 198 199 199 200 200 200 201 202 202 203 204 206 206 207 207 207 208 208 208

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2. Confession made by accused before an officer, under NDPS Act, who is an officer of the department of revenue intelligence NDPS 3. Contempt of court 4. To bring home guilt under 25A. Punishment for contravention of orders made under Section 9A 1. Conviction under 2. Scope of 26. Punishment for certain acts by licensee or his servants

208 209 209 210 210 211 211

27. Punishment for consumption of any narcotic drug or psychotropic substance 1. Benefit of 2. Non-compliance of provisions — Recovery of smack 3. Possession ol Narcotic Drug for personal use—Proof of. 4. Scope of „ 27A. Punishment for financing illicit traffic and harbouring offenders

211 212 212 213 213 214

1. Bail—Recovery of 14.550 kg. of Heroin 2. Double jeopardy—Conviction under Indian as well as USA Laws— Quashing of proceedings — Distinct offences 3. Recovery of charas — Bail and suspension of sentence 28. Punishment for attempts to commit offences 1. Accused persons were suspected of having concealed certain foreign substance in their body cavity 2. Offences under—Absconding for a long time 3. Recovery of 4 k.g. charas—Conviction and sentence 4. Search and seizure—Accused not denied the belongings 29. Punishment for abetment and criminal conspiracy 1. Bail—Grant/rejection of 2. Bail—Granting of—Offence u/s 24, 29 of NDPS 3. Bail—House of applicant searched but nothing incriminating recovered 4. Bail—Recovery of 14.550 kg. of Heroin 5. Confessional statement — .Sole basis of the conviction — Confessional statement was never retjfccted by the accused 6. Contraband—Possession of—Charge of conspiracy—Evidence 7. Conviction and sentence—Accused asked by police 8. Conviction under IJW 9. Criminal Law—Bail—Cancellation of—Trial Court granted bail to accused under section 437 Cr.P.C 10. Double jeopardy—Conviction under Indian as well as USA L a w s Quashing of proceedings — Distinct offences 11. Panchnama—Prepared in English—Accused knows Marathi and Hindi 12. Recovery of charas — Bail and suspension of sentence.

215 215 216 216 216 218 219 223 223 224 225 225 225 226 226 226 227 228 228 228 229

Contents

13. Recovery of opium — Applicability of section 50 — Appeal against acquittal 14. Scope of 15. Sought cancellation of bail 30. Preparation 1. Bail—Petitioner in custody from last three and half years 31. Enhanced punishment for offences after previous conviction 31A. Death penalty for certain offences after previous conviction 32. Punishment for offence for which no punishment is provided

xix

230 230 230 231 232 232 233 235

32A. No suspension, remission or commutation in any sentence awarded under this Act 1. Appeal against conviction 2. Denial of parole 3. "Parole" „ 4. Scope of *.

235 235 235 236 236

32B. Factors to be taken into account for imposing higher than the minimum punishment

236

33. Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958 1. Conviction—Accused was less than 18 years of age 34. Security for abstaining from commission of offence 35. Presumption of culpable mental state

237 237 237 238

1. 2. 3. 4. 5. 6. 7.

Constitutional validity «. Contraband—Conscious possession—Burden of proof Culpable mental state—Presumption as to existence of Culpable mental state—Presumption of—Recovery itself is doubtful Power of Additional Sessions Judge to try offence Presumption under Presumption under—Without considering the aspect of possession— Erroneous 8. Scope of 9. The word 'possession' 36. Constitution of Special Courts 1. Special Court 36A. Offences triable by Special Courts 1. Application for anticipatory bail 2. Filing of Charge Sheet 3. Investigation—By AIR customs officer 4. Issuance of non-bailable warrant

238 240 240 240 240 240 241 242 242 243 243 244 246 246 246 247

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36B. Appeal and revision 1. Contraband—Appeal 36C. Application of Code to proceedings before a Special Court 1. Confiscation—Of tea bags, Nepali Ganja and carrier 36D. Transitional provisions

247 248 «— 248 248 249

1. Special Court 37. Offences to be cognizable and non-bailable 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29.

Anticipatory bail—40 kgs poppy husk recovered Bail , Bail—Cancellation of ., Bail—Conditions for—Discussed Bail—Contraband seized—No allegation against petitioner—Swiss National Bail—Contraband—Recovery of 400 kg of poppy straw Bail—Contraband—Recovery of 400 kg of poppy straw—High Court granted bail—Appeal against Bail—Ganja Bail—Grant/refusal of Bail—Grant/reject of Bail—Granted by High Court Bail—House of petitioner raided Bail—Mandatory requirements—Suspension of sentence and grant of bail by High Court Bail—Recovery of 15 gms. smack—No public witness of recovery Bail—Recovery of 20 gms charas and 20 gm. Smack Bail—Recovery of 63 kg of poppy husk Bail—Recovery of poppy husk Bail—Six live cannabis plant detected in the bari of petitioner Commerciality of contraband—Determination of Contraband—Bail—Cancellation of Delay in trial of cases Discretion to grant Bail Grant of bail Interim bail as wife impending surgery and no one to look after—Recovered 25 kgs. Heroin found 44.31% diacetylmorphine Limitation on grant of bail Negation of bail , Non-compliance of order passed for supply of copies can't entitle an accused Punishment for contravention Reasonable grounds for granting of bail

250 250 252 252 255 256 256 258 258 258 258 260 260 260 261 261 262 262 263 263 265 265 265 265 265 265 266 266 266 266 267

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30. Recovered ganja lesser than commercial quantity 31. Recovery of charas — Bail and suspension of sentence 32. Restrictions under section 37 on the accused of Section 20(b)(i)—Liberal interpretation of Section 37 not justified 33. Scope of 34. Sought cancellation of bail 38. Offences by companies

267 267 267 268 269 270

39. Power of court to release certain offenders on probation

270

40. Power of court to publish names, place of business, etc., of certain offenders

271

CHAPTER 5 PROCEDURE 41. Power to issue warrant and authorization 1. Accused searched in public place—No requirement to comply with Section 42 of the Act—Section 43 will be applicable 2. Appeal pending—Direction given to collect further evidence under Section 391(2) of CrPC—Section 41 shall not be applicable 3. Applicability of 4. Applicability of—Retrospective 5. Authorised officer 6. Compliance of apprising accused of his right to be searched before Gazetted Officer or Magistrate 7. Compliance of 8. Constitutional validity—Not hit by Article 14 of the Constitution 9. Contentions of law and fact 10. Contraband—Commercial Quantity—Poppy husk 11. Difference between 12. IO and complainant are one or of same rank 13. Mere factthat some of the officers of the NCB are also authorised to exercise 14. Necessary ingredients under 15. Non compliance of Section 16. Not being a case of personal search 17. Occurrence in night—Search and seizure in night—Authorisation—Lacks of grounds of belief 18. Powers of an officer acting under Section 42 19. Provisions of Section 42 20. Provisions thereunder—Applicability of—Not applicable to pending investigation or appeal under principal Act 21. Recovery of illicit material 22. Recovery of smack—Conviction and sentence—Search conducted without warrant „

272 274 274 274 275 276 277 277 278 279 279 279 281 281 282 282 283 283 284 285 285 286 286

Narcotic Drugs and Psychotropic Substances Laws

23. Reduction in sentence would be applicable only those cases 287 24. Scope of 287 25. Seizure of contraband 288 '.. Power of entry, search, seizure and arrest without warrant or authorization.... 289 1. Applicability of procedure as to search and seizure as to when the police got no prior information 292 2. Applicability of provisions of Section 42 to search and seizure on public road 292 3. Applicability of 293 4. Applicability of—Search and seizure look place at airport—Question of non-compliance of Section 42 of the Act is irrelevant 294 5. Applicability of—Section 42(1) does not apply with regard to information 294 6. Arrest—By private person 294 7. Bail—Secret information received but not reduced to writing 295 8. Charas—Recovery of—Contradiction about recovery memo 295 9. Cinema theatre is within definition of public place—When exibition of film is going on 296 10. Commission of offence punishable under Chapter IV 298 11. Compliance not made—Seizure of contraband—Clearly vitiates seizure 298 12. Compliance of provisions as to search—Applicability of provision as to search on Police Official 300 13. Compliance of. 300 14. Compliance with—Not necessary 300 15. Confessional statement 300 16. Contraband—Recovery of opium from Attachi-case 301 17. Contraband—Recovery of opium—Sending of Secret Information 301 18. Contraband—Recovery of—Admissibility of document 301 19. Contraband—Recovery of—Secret information 302 20. Contraband—Recovery of—Secret information—Prosecution must prove compliance of the procedure 302 21. Conviction u/s 21 of NDPS Act—IO recorded secret information _ 302 22. Criminal Law—Contraband—Recovery of Ganja—Right of Search 302 23. Due compliance of Section 42(2) of the Act 303 24. Empowered officer would not violating the law 303 25. General information about smuggling into India 303 26. Information related to availability of contraband in public place—Search and seizure hot vitiated by non-compliance with section 42(2) of the Act. ... 304 27. Mandatory provision — Compliance 304 28. Mandatory provision — Non-compliance — Appeal against acquittal 305 29. Mandatory provision — Violation 305 30. Narcotic Control Bureau 306 31. Nature of—Mandatory 307

Contents

32. 33. 34. 35.

xxiii

Necessary ingredients under 308 Necessary to comply with the requirement 310 Non-compliance of mandatory provision 310 Non-compliance of—Time of receiving and recording of information is contradictory 310 36. Non-compliance of provisions — Recovery of smack 314 37. Non-compliance with Section 42 314 38. Notification No. F 1 (3) FD/EX/85-1 dated 16.10.1986,S. 0.115—Search and seizure—Made by ASI 315 39. Offences under Section 8 read with 18 of the Act 316 40. Offences under—Information received by IO not reduced in writing 316 41. Plea of violation of mandatory requirement of the Act 318 42. Possession of Heroin—Burden of proof—Appeal against acquittal 318 43. Powers of search—In case of personal search Section 50 would apply 318 44. Proof of Search and seizure of contraband 319 45. Prosecution failed to establish that the copy of information was.sent to superior officer 319 46. PW 1 not reduced secret information into writing 320 47. PW 3 Head constable got information with reference to appellant. ...„ 320 48. Recovery of 2 bags of ganja, each weighing 15 kgs 321 49. Recovery of Hashish and conviction—Proof of 321 50. Recovery of illicit material. 321 51. S.I. was in routine patrolling duty 321 52. Scope and applicability of provisions of Section 43 and not provisions of Section 42 to search and seizure in public place , 322 53. Scope of t 322 54. Search and seizure -... 324 55. Search and seizure—Since Deputy Superintendent of Police not propose to enter and search building ,_ 324 56. Search and seizure—Taken place at public place..., 325 57. Search by Gazetted Officer 325 58. Seized Ganja—Conviction and sentence—Information reduced 325 59. Since information did not relate to availability of contraband in a building, conveyance or enclosed place 327 60. When comes into operation 328 43. Power of seizure and arrest in public place 328 1. Applicability of 329 2. Contraband recovered on search of vehicle and recovery made at public place 329 3. Difference between 329 4. Mandatory provisions—Appellant caught in suspicious condition 330 5. Necessary ingredients under 332

xxiv

Narcotic Drugs and Psychotropic Substances Laws

6. Recovery of narcotic substance was made from tool box of motor cycle 7. Scope of 8. Section 50 has to be followed—Even in case of body search under Section 43(2) of NDPS Act

333

44. Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant

334

45. Procedure where seizure of goods liable to confiscation not practicable

334

1. Recovery of 50 bags of Poppy husk—Conviction and sentence

333 333

335

46. Duty of land holder to give information of illegal cultivation

336

47. Duty of certain officers to give information of illegal cultivation

336

48. Power of attachment of crop illegally cultivated

336

49. Power to stop and search conveyance

336

50. Conditions under which search of persons shall be conducted

336

1. 15 bags poppyhusk seized search by superintendent of police and others 2. 18 bags of poppy straw—No independent witness—Non-compliance of Section 42 and 50 3. Accused was told only whether he wanted to call any person known to him—It is not in compliance of Section 50 of the Act 4. Acquittal 5. Ambit of—Search was of bags and not of the persons—Section 50 has no application 6. Appellants asked that a Magistrate or GO could be arranged for taking their search 7. Applicability of provisions as to search and seizure to search vehicle 8. Applicability of right of option as to search by Gazette Officer or by Magistrate ; 9. Applicability of section to recovery of contraband from accused apprehended at Railway station 10. Applicability of 11. Applicability of—Accused was sitting atop gunny bags—Containing contraband articles—Section 50 of the Act not applies 12. Applicability of—It applies only in case of personal search of a person —Not of vehicle or container or bag or premises 13. Applicability of—Recovery from a Thaila—Section not attracted 14. Applicability of—Scope of. 15. Applicability of—When a hand bag carried by offender was searched— Section 50 of the NDPS Act will not be applicable 16. Applicability—Possession of opium by accused in a bag 17. Application of provision 18. Application thereof 19. Arrest—By private person 20. Arrested on a secret information for possession of lOgms smack— Conviction and sentence

341 343 345 345 345 345 346 346 346 346 347 347 348 348 350 350 350 350 351 351

Contents

21. Availability of option to be searched in presence of Magistrate or Gazette Officer 22. Bail—Secret information received but not reduced to writing 23. Belief in respect of commission of offence under the NDPS Act 24. Case of compliance of provisions as to arrest and search 25. Chance recovery—Contraband 26. Chance recovery—On secret information of Mukhbir—Compliance of Section 50 of the Act was must 27. Charas—Recovery of—Contradiction about recovery memo 28. Compliance of provisions as to right of accused to be searched by Magistrate or Gazetted Officer 29. Compliance of requirements—When not attracted 30. Compliance ol 31. Compliance of—DSP of police is as good witness as any other Gazetted Officer '. 32. Compliance of—DSP 33. Compliance of—Evidence on record and fard of search not shows— That before search accused asked 34. Compliance of—No prior information of contraband 35. Compliance of—Person carried bag in hand—Incriminating articles found therefrom—Provision of Section 50 would not apply 36. Compliance of—PW5 informed the appellant about his right as provided under Section 37. Compliance with—Chance recovery—Compliance with Section 50 of the Act does not arise 38. Conditions under which search of persons shall be conducted 39. Contraband articles—Seizure of—Conscious possession 40. Contraband seized in the bag carrying on his head—Conviction by trial court 41. Contraband 42. Contraband—Personal search—Option for search—Acquittal 43. Contraband—Recovery of opium from Attachi-case 44. Conviction and sentence—Accused asked by police 45. Conviction and sentence—Validity of 46. Conviction—Violation of Section 50—No independent witness 47. Criminal Law—Contraband—Recovery of Ganja—Right of Search 48. Criminal Law—Contraband—Recovery of 49. Delay in sending sample for test 50. Distinction between search 51. Effect of taking written consent by Police Officer to search the suspect 52. Evidence on record and fard of search not shows 53. Expression "person" 54. Failure to comply with Section 50 does not justify acquittal in cases

xxv

351 352 352 352 353 353 353 354 354 354 357 358 358 358 359 360 360 360 360 362 363 364 364 364 364 365 365 365 365 365 366 366 366 367

Narcotic Drugs and Psychotropic Substances Laws

55. 56. 57. 58. 59. 60. 61.

In absence of evidence of prejudice 367 Independent witness 368 Intimation 368 Legal right to possession 368 Magistrate—Meaning of 368 Mandatory provision — Non-compliance — Appeal against acquittal 369 Mandatory provision—Non-compliance—Recovery was effected from the person of the appellant 369 62. Mandatory provision of Section 50 has not been complied with by prosecution—Samples recovered from accused on the spot bear different dates of seizure 370 63. Meaning of-"Person" 371 64. Merely asking accused whether he was required to be produced before Gazetted Officer or Magistrate for purpose of search 371 65. Nature and scope under—Non-compliance of 372 66. Nature of—Not mandatory 373 67. Necessary ingredients under 373 68. Necessary requirements 373 69. Necessary requirements—Should be made aware of existence of right— Court has to see substance and not for of intimation 374 70. No illegality or irregularity is committed by prosecuting agency 374 71. No separate 'Fard' prepared for giving notice under Section 50 of NDPS Act—Nor 'Fard' of consent was prepared separately—Compliance of Section 50 NDPS Act has not made 375 72. Non compliance of section 52(1)—Would vitiate search 376 73. Non-compliance of mandatory provision 377 74. Non-compliance of mandatory provisions of search and seizure 377 75. Non-compliance of mandatory provisions of Section 50 of Narcotic Drugs and Psychotropic Substances—Vitiates entire trial against accused... 377 76. Non-compliance of provision to personal search of accused allegedly carrying plastic bag containing contraband 377 77. Non-compliance of provisions as to search and seizure—Effect of 378 78. Non-compliance of provision 378 '79. Non-compliance of—Effect of 379 80. Non-compliance of 380 81. Non-compliance of—Recovery of contraband becomes suspect—And the conviction of the appellant is rendered bad and unsustainable in law 380 82. Non-compliance of—Vitiate the entire trial—Accused is entitled to acqui ttal on this ground only 380 83. On being asked to open the bag—Accused himself opened and revealed contents—Requirements of Section 50 would not come into play 380 84. Option given was only for search—In presence of Gazetted OfficerNot significant unless prejudice is established 381 85. Option under Section 50 given in different language 381

Contents

86. 87. 88. 89. 90.

xxvii

Oral version corroborated by contents of FIR and seizure mahazar Panchnama—Prepared in English—Accused knows Marathi and Hindi Partial compliance of provision as to search and seizure—Effect of Personal search—Compliance is necessary Plea of violation of mandatory requirement of informing accused of his right

381 382 382 383

91. Possession of Heroin—Burden of proof—Appeal against acquittal 92. Powers of search—In case of personal search Section 50 would apply 93. Purpose of—Protect the interests of citizen from irregular and illegal invasion on his liberty by authorities 94. Recovered 2 kg. charas in a bag possessed by accused—Conviction and sentence—Challenged 95. Recovery of 4 k.g. charas—Conviction and sentence 96. Recovery of 5 kg. opium 97. Recovery of Charas 98. Recovery of contraband — Search — Appeal against acquittal 99. Recovery of opium—Applicability of section 50—Appeal against acquittal 100. Recovery of opium—No procedural illegality in investigation 101. Requirement of specific words to convey right 102. Scope of 103. Scope of—Ambit of 104. Search and seizure 105. Search and seizure—Mere presence of a Gazetted Officer 106. Search and seizure—Personal search—Offer 107. Search and seizure—View of larger bench 108. Search in presence of independent persons

383 384

109. Search of a vehicle

383

384 385 385 390 391 392 393 393 393 393 397 398 399 400 402 402 403

110. Search of female 405 111. Search of suspect by Superintendent of Customs without informing him his right—Effect of 405 112. Search or seizure—Not conducted on person of accused—Provisions of Section 50 of the Act not attracted *... 405 113. Section 50 has to be followed—Even in case of body search under Section 43(2) of NDPS Act 406 114. Seized contraband under—Conviction and sentence 406 115. Seizure of narcotic drugs in pocket—Conviction and sentence 407 116. Seizure of opium 117. Seizure of Opium—Conviction and sentence 118. SI without any prior information as contemplated under the provisions of the Act had arrested and searched

409 409

119. Suit case in dicky 120. Suspicion in the mind of the concerned officer.

410 410

409

xxviii

Narcotic Drugs and Psychotropic Substances Laws

121. Violation of—Two packets held by accused in his hand opened 122. Witnesses of fard of search and seizure declared hostile 123. Words 'to inform the suspect of his right under the section—Connotation of 124. Words and Phrases—"Person"—Scope of 125. Words meaning—"Person"—Would mean a human being with appropriate coverings and clothings and also footwear 50A. Power to under take controlled delivery 51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures 1. Proof of search and seizure of contraband 2. Search and Seizure 3. Seizure—From accused while he was travelling in truck 4. Seizure—Search 52. Disposal of persons arrested and articles seized 1. Contraband—Disposal of seized articles 2. Natureof 3. Provisions of—Not mandatory but directory 52A. Disposal of seized narcotic drugs and psychotropic substances

410 411 412 412 414 414 415 415 415 415 416 416 417 417 418 418

1. Contraband—Case property—Production of, in Court 419 2. Conviction and sentence 420 53. Power to invest officers of certain departments with powers of an officerin-charge of a police station 421 1. Authorised officer 421 2. Investigation—By AIR customs officer 422 3. IO and complainant are one or of same rank 423 4. Scope of 424 53A. Relevancy of statements under certain circumstances ................ 425 54. Presumption from possession of illicit articles 425 1. Accused driving scooter and co-accused was pillion 426 2. Constitutional validity 426 3. Contraband—Conscious possession—Burden of proof 427 4. Conviction and sentence—Appeal » „ 427 5. Legal right to possession 428 6. Non-application of mind to the material factors 428 7. Presumption under 428 8. Presumption under—Without addressing to the question of possession— Erroneous 429 55. Police to take charge of articles seized and delivered 1. Basis of information

430 431

Contents

xxix

2. 3. 4. 5.

56.

57.

58. 59.

Conviction under Section 20(b) (i) of NDPS Act, 1985—Challenged 431 Directory provisions—Violation 432 Keeping seized article in Excise Malkhana—Effect thereof 434 Non-compliance of provision for sending seized contraband for chemical analyses 434 6. Non-compliance of—Effect of—Accused acquitted 434 7. Samples prepared 100 gms. Each 435 8. Scope of 435 Obligation of officers to assist each other 436 1. Accused persons submitted before Court after three days of arrest 436 2. Non-compliance of mandatory provisions 436 3. Scope of 436 Report of arrest and seizure 436 1. Bail—Recovery of poppy husk 437 2. Compliance of—Officer should make full report of all particulars of such arrest or seizure to his immediate his superior officer within 48 hours 438 3. Conviction and sentence 438 4. Conviction and sentence—Appeal 439 5. Directory provision — Not complied with 441 6. Directory provisions—Violation.., 442 7. If non-compliance or lapses like delay are present 444 8. Ingredients of—Essential of 444 9. Nature and scope under—Non-compliance of 445 10. Nature of—Said Section is only directory 446 11. Non-compliance of 447 12. Non-compliance of—Time of receiving and recording of information is contradictory 447 13. Offences under—Information received by IO not reduced in writing 450 14. Provisions of—Not mandatory but directory 452 15. Recovered 20 bags of poppy husk—Conviction and sentence—No report of seizure and arrest to higher authorities 452 16. Requirement of Section 57 of the Act 455 17. Scope of 455 Punishment for vexatious entry, search, seizure or arrest 455 1. Contraband—False Charge—Investigation 456 Failure of officer in duty or his connivance at the contravention of the provisions of this Act 456

6a Liability of illicit drugs, substances, plants, articles and conveyances to confiscation .« 1. Confiscation—Of tea bags, Nepali Ganja and carrier 2. Contraband—Bail—Cancellation of

457 458 459

xxx

Narcotic Drugs and Psychotropic Substances Laws

3. Interim custody of vehicle 4. Interim custody of vehicle—Recovery of illicit Ganja and arms 5. Release of conveyance—Used for carrying contraband pending conclusion of trial—Petitioner is registered owner 6. Release of vehicle—Seized in contravention of provisions of Act—Recovery of 10 kg Ganja from vehicle

459 460 460 461

61. Confiscation of goods used for concealing illicit drugs or substances

462

62. Confiscation of sale proceeds of illicit drugs or substances

462

63. Procedure in making confiscations 1. Interim custody of vehicle 2. Interim custody of vehicle—Recovery of illicit Ganja and arms 3. Release of conveyance—Used for carrying contraband pending conclusion of trial—Petitioner is registered owner 64. Power to tender immunity from prosecution 1. Immunity from prosecution

462 463 463

2. Scope of 64A. Immunity from prosecution to addicts volunteering for treatment

464 465 465 466 466

65. [*]

466

66. Presumption as to documents in certain cases

466

1. Contraband—Recovery of—Admissibility of document

467

67. Power to call for information, etc

467

1. Anticipatory Bail—Reasonable apprehension of arrest 2. Bail—Granting of—Offence u/s 24,29 of NDPS 3. Confessional statement — Sole basis of the conviction — Confessional statement was never retracted by the accused 4. Conviction and sentence—Appeal 5. Interrogatory statement of accused 6. Issuance of summons in enquiry proceedings 7. No time of recording the statement of appellant has been mentioned 8. Recording of statement under—To be recorded for purpose of gathering information—Not for purpose of couching confession in it 9. State of accused 10. Statement of accused recorded under—Read in evidence to connect the accused with recovery of contraband 11. Statement recorded by help of interpretor—Interpreter not examined— Appellant is French 12. Statements under 13. Use of statement of accused 14. Value of statement of accused 68. Information as to commission of offences 1. Forfeiture of property

468 469 469 469 470 470 470 471 473 473 473 474 474 474 475 475

Contents

xxxi

CHAPTER 5A FORFEITURE OF PROPERTY DERIVED FROM, OR USED IN ILLICIT TRAFFIC 68A. Application

475

68B. Definitions

477

68C. Prohibition of holding illegally acquired property

479

68D. Competent authority

480

68E. Identifying illegally acquired property

480

68F. Seizure or freezing of illegally acquired property

480

68G. Management of properties seized or forfeited under this Chapter

481

68H. Notice of forfeiture of property

482

68-1. Forfeiture of property in certain cases

482

68J. Burden of proof

483

68K. Fine in lieu of forfeiture

484

68L. Procedure in relation to certain trust properties

484

68M. Certain transfers to be null and void

485

68N. Constitution of Appellate Tribunal

485

68-O. Appeals

485

68P. Notice or order not to be invalid for error in description

486

68Q. Bar of jurisdiction

486

68R. Competent Authority and Appellate Tribunal to have powers of civil court ... 487 68S. Information to competent authority

487

68T. Certain officers to assist Administrator, competent authority and Appellate Tribunal

487

68U. Power to take possession

488

68V. Rectification of mistakes

488

68W. Findings under other laws not conclusive for proceedings under this Chapter 68X. Service of notices and orders

489 489

68Y. Punishment for acquiring property in relation to which proceedings have been taken, under this Chapter

489

68Z. Release of property in certain cases

489

CHAPTER 6 MISCELLANEOUS 69. Protection of action taken in good faith

490

1. Acquittal and order to pay Rs. One Lac by concerning police officials to each accused—Challenged 490 2. Scope of—Action taken in good faith—Protected under Section 491

xxxii

Narcotic Drugs and Psychotropic Substances Laws

70. Central Government and State Government to have regard to international conventions while making rules

491

71. Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drugs and psychotropic substances

492

72. Recovery of sums due to Government

492

73. Bar of jurisdiction

493

74. Transitional provisions

493

74A. Power of Central Government to give directions

493

75. Power to delegate

493

76. Power of Central Government to make rules 1. Report of Chemical examiner

494 495

77. Rules and notifications to be laid before Parliament

496

78. Power of State Government to make rules

496

79. Application of the Customs Act, 1962

497

80. Application of the Drugs and Cosmetics Act, 1940 not barred

497

81. Saving of State and special laws

497

82. Repeal and savings ...;

498

83. Power to remove difficulties

498

THE SCHEDULE

498

Narcotic Drugs and Psychotropic Substances Rules, 1985

505

Narcotic Drugs and Psychotropic Substances (National Fund for Control of Drug Abuse) Rules, 2006

541

Appellate Tribunal for Forfeited Property (Procedure) Rules, 1989

552

Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman and Members) Rules, 1989

561

Narcotic Drugs and Psychotropic Substances (Authentication of Documents) Rules, 1992

566

Narcotic Drugs and Psychotropic Substances (Execution of Bond by Convicts or Addicts) Rules, 1985

567

Narcotic Drugs and Psychotropic Substances Consultative Committee Rules, 1988

570

Illegally Acquired Property (Receipt Management and Disposal) Rules, 1989

577

Appellate Tribunal for Forfeited Property (Fees) Rules, 1989

583

Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 1993

584

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

594

Notification Specifying Small and Commercial Quantities

603

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