Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 55 – Police to take charge of articles seized and delivered – Compliance of – Officer in-charge of the police station shall take charge of the articles and keep them in safe custody until the same are delivered for FSL examination or delivered by orders of the Magistrate. Hence it is a clear mandate which is required to be followed and regarding compliance of this provision the witnesses have made casual statements – Conviction against the appellants is not sustainable.
Narcotic Drugs and Psychotropic Substances Act 1985
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985
ARRANGEMENT OF SECTIONS
1. Short title, extent and commencement.
3. Power to add to or omit from the list of psychotropic substances.
AUTHORITIES AND OFFICERS
4. Central Government to take measures for preventing and combating abuse of and illicit traffic in
narcotic drugs, etc.
5. Officers of Central Government.
6. The Narcotic Drugs and Psychotropie Substances Consultative Committee.
7. Officers of State Government.
NATIONAL FUND FOR CONTROL OF DRUG ABUSE
7A. National Fund for Control of Drug Abuse.
7B. Annual report of activities financed under the Fund.
PROHIBITION, CONTROL AND REGULATION
8. Prohibition of certain operations.
8A. Prohibition of certain activities relating to property derived from offence.
9. Power of Central Government to permit, control and regulate.
9A. Power to control and regulate controlled substances.
10. Power of 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.
OFFENCES AND PENALTIES
15. Punishment for contravention in relation to poppy straw.
16. Punishment for contravention in relation to coca plant and coca leaves.
17. Punishment for contravention in relation to prepared opium.
18. Punishment for contravention in relation to opium poppy and opium.
19. Punishment for embezzlement of opium by 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 in to India, export from India or transhipment of narcotic drugs and psychotropic substances.
24. Punishment 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.
25A. Punishment for contravention of orders made under section 9A.
26. Punishment for certain acts by licensee or his servants.
27. Punishment for consumption of any narcotic drug or psychotropic substance.
27A. Punishment for financing illicit traffic and harbouring offenders.
27B. Punishment for contravention of section 8A.
28. Punishment for attempts to commit offences.
29. Punishment for abetment and criminal conspiracy.
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.
32A. No suspension, remission or commutation in any sentence awarded under this Act.
32B. Factors to be taken into account for imposing higher than the minimum punishment.
33. Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958.
34. Security for abstaining from commission of offence.
35. Presumption of culpable mental state.
36. Constitution of Special Court.
36A. Offences triable by Special Courts.
36B. Appeal and revision.
36C. Application of Code to proceedings before a Special Court.
36D. Transitional provisions.
37. Offences to be cognizable and non-bailable.
38. 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.
41. Power to issue warrant and authorisation.
42. Power of entry, search, seizure and arrest without warrant or authorisation.
43. Power of seizure and arrest in public place.
44. Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant.
45. Procedure where seizure of goods liable to confiscation not practicable.
46. Duty of land holder to give information of illegal cultivation.
47. Duty of certain officers to give information of illegal cultivation.
48. Power of attachment of crop illegally cultivated.
49. Power to stop and search conveyance.
50. Conditions under which search of persons shall be conducted.
50A. Power to undertake controlled delivery.
51. Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures.
52. Disposal of persons arrested and articles seized.
52A. Disposal of seized narcotic drugs and psychotropic substances.
53. Power to invest officers of certain departments with powers of an officer-in-charge of a police station.
53A. Relevancy of statements under certain circumstances.
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.
57A. Report of seizure of property of the person arrested by the notified officer.
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.
60. 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.
64A. Immunity from prosecution to addicts volunteering for treatment.
66. Presumption as to documents in certain cases.
67. Power to call for information, etc.
68. Information as to commission of offences.
FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY
68C. Prohibition of holding illegally acquired property.
68D. Competent authority.
68E. Identifying illegally acquired property.
68F. Seizure or freezing of illegally acquired property.
68G. Management of properties seized or forfeited under this Chapter.
68H. Notice of forfeiture of property.
68-I. Forfeiture of property in certain cases.
68J. Burden of proof.
68K. Fine in lieu of forfeiture.
68L. Procedure in relation to certain trust properties.
68M. Certain transfers to be null and void.
68N. Constitution of Appellate Tribunal.
68P. Notice or order not to be invalid for error in description.
68Q. Bar of jurisdiction.
68R. Competent authority and Appellate Tribunal to have powers of civil court.
68S. Information to competent authority.
68T. Certain officers to assist Administrator, competent authority and Appellate Tribunal.
68U. Power to take possession.
68V. Rectification of mistakes.
68W. Findings under other laws not conclusive for proceedings under this Chapter.
68X. Service of notices and orders.
68Y. Punishment for acquiring property in relation to which proceedings have been taken, under this Chapter.
68Z. Release of property in certain cases.
69. Protection of action taken in good faith.
70. Central Government and State Government to have regard to international conventions while making rules.
71. Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances.
72. Recovery of sums due to Government.
73. Bar of jurisdiction.
74. Transitional provisions.
74A. Power of Central Government to give directions.
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.
Narcotic Drugs and Psychotropic Substances Act, 1985 – Bail – Herbs / medicines meant to enhance male potency do not attract the provisions of the NDPS Act.
Narcotic Drugs and Psychotropic Substances Act 1985 – Under Section 37(1)(b)(ii), the limitations on the grant of bail for offences punishable under Sections 19, 24 or 27A and also for offences involving a commercial quantity are : (i) The Prosecutor must be given an opportunity to oppose the application for bail; and (ii) There must exist ‘reasonable grounds to believe’ that (a) the person is not guilty of such an offence; and (b) he is not likely to commit any offence while on bail. The standard prescribed for the grant of bail is ‘reasonable ground to believe’ that the person is not guilty of the offence.
Code of Criminal Procedure, 1973 – Section 439 – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Offences to be cognizable and non-bailable – Bail.
Narcotic Drugs and Psychotropic Substances Act, 1985 – Code of Criminal Procedure Code, 1908 – Section 167 (2) – Statutory Bail – What is necessary to get default bail u/s.167 (2) Cr.P.C is the failure to complete the investigation within the time prescribed for investigation. Once the investigating officer after completing the investigation and sending the requisition to the authority concerned to get the analyst report, submitted the final report, it cannot be said that there is an incomplete final report unless it is a case in which the entire prosecution case is relying solely based on the analyst report.
Narcotic Drugs and Psychotropic Substances Act, 1985 – Possession of 16 bags of poppy husk, each containing 30 kgs.Read More »State of Punjab v. Hari Singh, Crl.A. No. 319 of 2009 SC