NDPS ACT,1985

Salient features
Narcotics Control Bureau
Kolkata
 NEED FOR A NEW ACT

 Prior to the enactment of NDPS Act, 1985,

the Opium Act, 1857, the Opium Act, 1878 and
the Dangerous Drugs Act, 1930, were
applicable.
The scheme of punishment was not sufficiently
deterrent to meet the growing challenge.
Maximum punishment was upto 3 yrs of
imprisonment (4yrs. for repeat offence).
 These laws were found grossly inadequate to
deal with the challenges posed by drug
trafficking and abuse.
 Moreover the international conventions also
stipulated the member countries to formulate
comprehensive laws which will act as a strong
deterrent to drug offenders.
 In consonance with these the NDPS Act,
1985, was enacted by the Govt. of India and
came into force from 14th November, 1985
 SALIENT FEATURES OF THE ACT
• 1. It has 83 sections and a schedule which
contains a list of psychotropic substances.

• 2. Punishment graded into 3 categories for

small, medium and commercial quantities.
Offences under Sec 19, 24,27A and offences
involving commercial quantity attract maximum
punishment.

• 3. Enhanced punishment for repeat offences.

• 4. Constitution of special courts..

• All offences are cognizable and nonbailable.
Stringent bail conditions for grave offences
specially u/s 19, 24, 27A and cases involving
commercial quantities.
• 6. Controlled delivery.
• 7. Pretrial disposal of seized narcotic drugs.
• 8. Provides for forfeiture of property acquired
through drug traffic.
• 9. Amended twice in the year 1988 and
2001.
 CHANGES BROUGHT THROUGH
AMENDMENT 1988
• A new Chapter IIA relating to the constitution of a National
Fund for Control of Drug Abuse was introduced.

• New Sec. 31A providing death penalty was introduced.

• Sec. 32A was introduced which provides that no sentence

awarded (other than Sec. 27) should be suspended, remitted
or commuted.

•
• Constitution of Special Court was provided in a new Sec. 36A.

• Sec 37 was substituted to make offences cognizable and non-

bailable

• New Sec. 64A provided immunity from prosecution to an

addict on condition

• A new Chapter VA was introduced to cover all aspects relating

to forfeiture of property derived from, or used in, illicit traffic
• To regulate and control precursor chemicals, Sec 9A
was introduced.

• New sec 25A provided punishment in relation to

precursor chemicals.

• It came into force w.e.f. 29th May, 1989.

 AMENDMENTS IN 2001
• The main change brought about by the
Amendment is the gradation of punishment
depending on the quantity of drug involved.

• The quantity of drug has been segregated as

small, medium and commercial.
Small – RI up to 6 month or with fine up to Rs. 10,000
or both.
Medium – RI up to 10 yrs. and with fine up to Rs. 1
Lakh.
Commercial – RI not less than 10 yrs. & up to 20 yrs.
and with fine not less then Rs. 1 Lakh up to 2 Lakhs.

 Provisions of controlled delivery has also been

incorporated through this amendment.
 CHAPTER II
(AUTHORITY AND OFFICERS)
• Central Government to take measures for preventing
and combating abuse and illicit traffic in Narcotic
Drugs.

• Empowers the Central Government to constitute a

authority or hierarchy of authorities for exercising
powers and function under this Act.

• Appointment of Narcotics Commissioner.

• Appointment of Consultative Committee.

 CHAPTER IIA
NATIONAL FUND
CREATION OF NATIONAL FUND FOR DRUG ABUSE
The Fund can be used for
1. Combating illicit traffic in narcotics drugs.
2. Controlling abuse of narcotic drugs.
3. Identifying, treating and rehabilitating addicts.
4. Preventing drug abuse.
5. Educating public against drug abuse.
6. Supplying drugs to addicts on medicinal necessity.
7. Governing body to sanction money from the fund.
 CHAPTER – III
PROHIBITION, CONTROL AND REGULATION
Section – 8
Provides for prohibition of certain operations – No.
person shall –

• No person shall cultivate any coca plant or gather may

portion of coca plant;
• No person shall cultivate the opium poppy or any
cannabis plant ; or
•Produce, manufacture, possess, sale, purchase,
transport, warehouse, use, consume, import, inter-
State, export inter-State, import into India, export from
India or transship any narcotic drug or psychotropic
substance.
 Section – 8 A
Prohibition of certain activities relating to
property derived from offence.
• Convert or transfer

• Conceal or disguise

• Acquire, possess or use any property derived

from an offence under the Act.
 Section – 9
Power of Central Government to permit, control
and regulate of :

• Cultivation of coca, opium poppy.

• Production and manufacture of opium and
derivatives.
• Production and manufacture of manufactured
drugs.
• Manufacture, transport, sale etc of
psychotropic substances.
Section – 9 A

Power to control and regulate controlled

substances.

Section – 10

Power of State Government to permit, control

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

• To engage in or control any trade of narcotic

drug or psychotropic substances obtained and
supplied outside India.
 CHAPTER IV
OFFENCES AND PENALTIES
Section - 15.
Punishment for contravention in relation to
poppy straw.
* Quantum of punishment graded according to
small, medium and commercial quantities.
Small – RI up to 6 month or with fine up to Rs. 10,000
or both
Medium – RI up to 10 yrs. and with fine up to Rs. 1
Lakh
Commercial – RI not less than 10 yrs. & up to 20 yrs.
and with fine not less then Rs. 1 Lakh up to 2 Lakhs.
Section – 16
Punishment for contravention in relation to coca plant and coca
leaves

R.I. upto 10 yrs OR fine upto 1 lakh rupees.

Section – 17
Punishment for contravention in relation to prepared opium.

Graded quantum of punishment for small, medium and commercial

quantities.

Section – 18.
Punishment for contravention in relation to opium poppy and
opium.

Graded
Section 19

Punishment for embezzlement of opium by cultivator.

R.I. for not less than 10 yrs which may extend to 20 yrs AND Fine
not less than 1 lakh which may extend to 2 lakhs.

Section 20

Punishment for contravention in relation to cannabis plant and

cannabis.

For cultivation – R.I. which may extend to 10 yrs and fine which may
extend to 1 lakh rupees.
For others – Graded according to small, medium, commercial
quantum.
Section 21.

Punishment for contravention in relation to manufactured drugs and

preparations.

Different punishments for small, medium and commercial quantities.

Section 22

Punishment for contravention in relation to psychotropic substances.

Graded punishment for small, medium and commercial quantities.

Section 23

Punishment for illegal import in to India, export from India or

transshipment of narcotic drugs and psychotropic substances.

Different punishments for small, medium and commercial quantities.

Section 24.

Punishment for external dealings in narcotic drugs and

psychotropic substances in contravention of section 12.

R.I. for not less than 10 yrs but may extend to 20 yrs

AND
Fine not less than 1 lakh but may extend to 2 lakhs

Section 25.

Punishment for allowing premises, etc. to be used for

commission of an offence.

Same punishment as provided for the offence

Section 25 A

Punishment for contravention of orders made under

section 9 A.

R.I. which may extend to 10 yrs AND

Fine which may extend to 1 lakh rupees.

Section 26.

Punishment for certain acts by licensee or his servants.

Failure to maintain accounts, submit returns.

Failure to produce license, permit or authorization.
False accounts / statements.
Breach of conditions of license, permit or authorization.
Punishment which may extend to 3 yrs or with fine or both.
Section -27.

Punishment for consumption of any narcotic drug or psychotropic

substance

Heroin, morphine, cocaine – R.I. which may extend to 1 yr

or fine which may extend to Rs. 20,000/-
Others – R.I which may extend to 6 months or time
which may extend to 10,000 rupees.
Section -27A

Punishment for financing illicit trafficking and harboring offenders

Same as for Commercial quantity.

Section -28.

Punishment for attempts to commit offences.

Same as for the offence
Section 29

Punishment for abetment and criminal conspiracy.

Same as for the offence

Section 30.

Preparation.

Same as for the offence

Section 31

Enhanced punishment for offences after previous conviction.

One and a half times R.I. and fine.
Section 31 A

Death penalty for certain offences after previous conviction.

* Conviction U/S 19, 24, 27A or offences involving commercial
quantity
* Conviction for offence involving quantities more than mentioned
in table given.

Section -32

Punishment for offence for which no punishment is provided.

Imprisonment which may extend to 6 months OR with fine OR both.

Section -32 A

No suspension, remission or commutation in any sentence

awarded under this act.
Section - 32 B

Factors to be taken into account for imposing higher than

the minimum punishment.

Section - 33

Application of Section 360 of the court of Criminal

Procedure, 1973 & of the Probation of Offenders Act,
1958.
Not applicable unless person convicted is
• Less than 18 yrs. of age
• Convicted U/S 26 or 27 of the Act
Section - 34.

Security for abstaining from commission of offence

Section 35

Presumption of culpable mental state.

Section 36

Constitution of Special Courts

* Govt. to appoint with the concurrence of Chief Justice of High Court.
* He should be of the route of sessions Judge or Additional Sessions Judge.

Section 36 A

Offences triable by Spl. Courts.

* All offences punishable with RI for more than 3 yrs.
* Charge sheet / Complaint to be filed within 180 days for offences U/S 19,
24 & sec. 27A or involving commercial quantity
* Can be extended to 1 Yrs. By Spl. Court .
Section 36 B

Appeal and revision.

Section 36 C

Application of Code to proceedings before a Spl. Court.

Section 36 D

Transitional provisions.
Cases to be tried by Sessions Court if Spl. Court not constituted

Section 37

Offences to be cognizable and non-bailable.

• For offences under Sec 19, 24 & 27-A and those involving commercial quantity
• Bail cannot be given unless public prosecutor has been given opportunity to
oppose the application. Where it is opposed by the PP, bail can be given only if the
court is satisfied that there is reasonable ground to believe that the accused is not
guilty of offence and is not likely to commit any offence while on bail.
Section 38
Offences by companies

Section - 39.
Power of Court to release certain offenders on
probation.

Section - 40
Power of Court to publish names place of business,
etc., of certain offenders.
 Chapter – 5
• Section – 41.
Power to issue warrant and authorization.

• Warrant can be issued by a Metropolitan Magistrate, Magistrate of first

class, Magistrate of second class specially empowered by the State
Government for arrest and seizure.

• Authorization can be issued by officer of Gazetted rank of the

department of Central Excise, Narcotics, Customs, Revenue Intelligence
in other departments of Central Govt including paramilitary forces /
armed forces as is empowered by the Central Govt.

• Officer of revenue, drug control, excise, police or any other

department of State Government empowered by the State
Governments.

• The authorization can be made to any officer subordinate to him but

superior in rank to a peon, sepoy, constable for arrest and seizure.
Section 42:

Power to entry, search, seizure and arrest without warrant or

authorization.

1. Any officer ( superior in rank to peon, sepoy or constable ) of the

departments of Central Excise, Narcotics, Customs, Revenue
Intelligence or any other department of the Central Govt including
Paramilitary / Armed forces and any such officer of revenue, drug
control, excise, police or any other departments of State Govts.
specially empowered can search and arrest.

2. It is should be between sunrise and sunset.

3. Reason for not obtaining authorization should be recorded.

4. Information and grounds of belief for such seizure and arrest to be

sent within 72 hours to immediate superior officer.
• Section – 43
•
• Power of seizure and arrest in public place.
•
• Section – 44
•
• Power of entry, search, seizure and arrest in offences
relating to coca plant, opium poppy and cannabis plant.
•
• Section – 45.
•
• Procedure where seizure of goods liable to confiscation not
practicable.
•
• A notice to be served on the owner or person in possession of the
goods not to remove, part with or otherwise, deal with the goods
without permission from such officer.
• Section – 46.

Duty of land holder to give information of illegal cultivation.

Information to be given to police or any of the departments

mentioned in Section 42.

• Section – 47

Duty of certain officers to give information on illegal

cultivation.

Every person of Govt. and every panch, sarpanch and other village
officers shall give immediate information to police or departments
mentioned in Section 42.
• Section – 48.

Power of attachment of crop illegally cultivated.

• Section – 49

Power to search and stop conveyance.

• Section – 50

Conditions under which search of persons shall be conducted :

i Search of a person to be conducted by officers authorized under Section

42.
ii If the person whose searched so requires, he should be taken to the
nearest Gazetted Officer / Magistrate.
iii If it is not possible, then search should be made under Sec. 100 of Cr .P. C.
iv Female person should be searched only by a female.
• Section – 50A

Power to undertake controlled delivery.

The D.G., NCB or any other officer authorized by him in this behalf
can undertake controlled delivery of any consignment.

• Section – 52

Disposal of persons arrested and articles seized.

• Every person arrested under Section 41, 42, 43 & 44 shall be

informed about grounds of arrest.
• Every person arrested and article seized under Section 41(1) shall
be forwarded to the concerned Magistrate.
• Every person arrested and article seized under Section 41(2), 42, 43,
44 shall be forwarded to officer in charge of nearest Police Station,
officer empowered under Section 53.
• Section – 52A

Provides for disposal of narcotic drugs before completion of trial in such

a manner as prescribed by the Govt.

• Section – 53.

Power to invest officers of certain departments with powers of a officer

in –charge of a police station.

The Central Government by Notification can invest any officer

of the department of central excise, narcotics, customs,
revenue intelligence or any other department of central
government including para-military/armed forces with powers
of an officer in charge of a police station. State government
may notify any officer of the department of drug control,
revenue, excise or any other department with the powers of
an officer in charge of a police station.
• Section 53 (A)

Relevancy of statements under certain circumstances.

Statements made and signed by a person before an officer empowered

under Sec. 53 is admissible as evidence if such person cannot be examined
in the Court.

• Section 54

Presumption from possession of illicit articles.

Presumption of the accused having committed an offence if found to

possess contraband which he fails to account satisfactorily.

• Section 55.

Police to take charge of articles seized and delivered.

Section 56.
Obligation of officers to assist each other.

Section 57
Report of arrest and seizure.

Report of arrest and seizure shall be made within 48 hrs to the immediate superior
officer.

Section 58.
Punishment for vexatious entry, search, seizure or arrest.

1. Without reasonable ground of suspicion.

2. Vexatiously and unnecessarily seizes the property of a person on the pretence of
seizing and searching for narcotic drug.
3. Vexatiously and unnecessarily arrest a person is punishable with imprisonment
upto 6 months or fine upto Rs. 1000 or both.
4. Willful and maliciously giving false information and so causing search, arrest is
punishable with imprisonment upto 2 yrs or with fine or both.
• Section – 59

Failure of an officer in duty or his connivance at the

contravention of the provisions of this Act.

• Punishment prescribed for refusal, withdrawal to

perform duty under the Act is imprisonment upto 1
year or with fine or both.

• Punishment prescribed for aiding conniving, etc. – R.I.

not less than 10 years but may extend to 20 years and
fine not less than 1 lakh rupees and upto 2 lakh rupees.
Section – 60

Liability of illicit drugs, substances, plants, articles and

conveyances to confiscation :

Provides for confiscation to seized narcotics and psychotropic

substances, etc.

Section – 61

Confiscation of goods used for concealing illicit drugs or

substances.

Section – 62

Confiscation of sale proceeds of illicit drugs or substances.

Section – 63
Procedure in making confiscation.
Court to decide on confiscation of article seized under
this Act whether the accused is convicted, acquitted or
discharged. Where accused is not know, the Court may
enquire into and decide such liability and may order
confiscation accordingly. No order of confiscation shall
be made until the expiry of one month from date of
seizure or without hearing in person who may claim it.
Section – 64
Central Govt / State Government may provide immunity
from prosecution of any offence under this act if he
makes full and true disclosure.
Section – 64 (A)

Immunity from prosecution to addicts volunteering for treatment.

Section – 66

Presumption as to documents in certain cases – where any document-

i) Is produced or furnished by any person or has been seized from the
custody or control or any person, in either case, under this Act or under
any other law, or

ii) Has been received from any place outside India (duly authenticated by
such authority or person and in such manner as any be prescribed by
the Central Government) in the course of investigation 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 against him, or against him and any other person who is tried
jointly with him, the Court shall-

Consider it as relevant and admissible evidence

Section – 67.
Power to call for information etc.

Officer referred to in Sec. 42 authorized in this behalf by

Central Govt. / State Govt may call for information from
any person during the course of enquiry under this Act.
 CHAPTER – V
Forfeiture of property derived from or used in illicit
traffic.

Section 68 (A) to (Z).

It deals with the forfeiture of property obtained from

illicit sale of narcotic drugs and psychotropic
substances.
 CHAPTER – VI
MISCELLANEOUS
Section 69.

Protection of action taken in good faith.

Section – 76

Power of Central Govt. to make rules.

Section – 78

Power of State Govt. to make rules.

 SCHEDULES
• A schedule to the NDPS Act contains a list of
Psychotropic substances which numbers to
110.