Narcotic drugs and psychotropic substances ndps act, 1985. High court dismissing the petition upholds the decision of the trial court. The customs team requested two persons amongst the persons who were present at the spot of. If he is not an empowered officer then he should inform. Section 230 of the indian contract act, 1872 the last word. Arrest, search and seizure under ndps act procedural. Section 15 of the ndps act speaks about punishment for contravention in relation to poppy straw. In section 20 of the principal act, in clause b, in subclause ii, in item a, for the words six months, the words one year shall be substituted. An appeal was made to the high court that there was non compliance of section 50 of the act which is fatal to the prosecution. Security for abstaining from commission of offence. State of uttaranchal in regard with the section 50 of the narcotic drugs and psychotropic substances act, 1985 hereinafter ndps act.
Section 20 in the narcotic drugs and psychotropic substances. However, it is necessary to understand that this act has evolved over the years, and has been amended thrice. Ncb was constituted by the central government in 1986 under section 43 of the ndps act to inter alia, coordinate all measures for preventing and combating abuse of and illicit traffic in narcotic drugs and psychotropic substances, in connection with implementation of the provisions of the ndps act. What is the punishment for possession of illegal drugs and. Juvenile justice care and protection of children act, 2015. Placement of person, who cease to be a child during process of inquiry.
An overview on narcotic drugs and psychotropic substances act, 1985. Appeal by special leave was preferred by the appellant for non. Subject to the provisions of section 8, the central government may, by rules, permit. Oct 30, 2012 section 15 of the ndps act speaks about punishment for contravention in relation to poppy straw.
In section 20 cases the prosecution must establish by cogent and reliable evidence. Section 9 of the act has listed various activities which the. Having regard to the settled position in law and having regard to the scheme of the provisions of section 104 of the customs act and section 42 of th ndps act it is high time that the investigating officers realise that the moment the accused was apprehended and put under complete control of the investigating officer with absolute restrictions. As per subsection a where the contravention involves small quantity, the rigorous imprisonment may extend to six months or with fine which may extend to ten thousand rupees or with both whereas under sub section b where the contravention involves quantity lesser than commercial. The quantum of sentence and fine varies with the offence.
Application of section 360 of the code of criminal procedure, 1973 and of the probation of offenders act, 1958. Narcotic drugs and psychotropic substances ndps act,1985. In section 18 of the principal act, in clause a, for the words six months, the words one year shall be substituted. The high court have held that the presence of the magistrate. Judgments of honble supreme court on narcotic drugs and psychotropic substance act, 1985. These are re inforced by provisions relating to offenses and penalties in chapter 4. Placement of persons, who committed an offence, when person was below the age of eighteen years. In this case, it was held that though bhang is excluded from the definition of cannabis under the ndps act yet it fall within the definition of cannabis plants and as such its cultivation is punishable under section 20 a read with 20 b i of the act.
The narcotic drugs and psychotropic substances act 1985 youtube. Factors to be taken into account for imposing higher than the minimum punishment. Sep, 16 1985 narcotic drugs and psychotropic substances ndps act,1985 hindi. Subject to the provisions of section 8, the cintral govemment may, by rules. This appeal has been filed by the appellant against judgment dated 06. Effective laws are a necessity to fight the nuisance associated with drugs. Narcotic drugs and psychotropic substances act, 1985 bare. Punishment for illegal import in to india, export from india or transhipment of narcotic drugs and psychotropic substances. Nothing contained in section 360 of the code of criminal procedure, 1973 2 of 1974 or in the probation of offenders act, 1958 20 of 1958 shall apply to a person convicted of an offence under this act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or. Subject to the provisions of section 8, the central government may, by rules, permit, regulate and prescribe any other matter requisite to render effective the control of nd. Indias driving against antidrug law endorses firm punishments for drug traffickers and rehabilitation for the users. Section 412 proviso to section 421 and section 50 have to be mandatorily complied with. Horticultural purposes is not defined anywhere and is open to interpretation.
Jan 08, 2019 subject to the provisions of section 8, the central government may, by rules, permit, regulate and prescribe any other matter requisite to render effective the control of nd. Further, section 8 of the ndps act, articulates that no person shall produce, possess, sell. Punishment for contravention in relation to cannabis plant and cannabis. An overview on narcotic drugs and psychotropic substances act. Narcotic drugs and psychotropic substances act section 53. Search and recovery can only be effected under ndps act in. Narcotic drugs and psychotropic substances act, 1985 wikipedia. This is the stance with regard to the relation between section 25 of the indian evidence act and section 67 of the ndps act. Whoever, in contravention of any provisions of this act or any rule or order made or condition of licence granted thereunder.
The narcotic drugs and psychotropic substances act 1985. The narcotic drugs and psychotropic substances ndps act came into force on november 14, 1985, and has become the statute under which all cases relating to possession, consumption, and sale of narcotic drugs are prosecuted. Judgments of supreme court of india on narcotic drugs and. Section 15 of the ndps act speaks about punishment for. Arrest, search and seizure under ndps act procedural safeguards. The ndps act lays down the procedure for search, seizure and arrest of. Section 14 cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes. Punjab police forensic science class iii service rules,2000. Criminal procedure code, 1973, section 439, narcotic drugs and psychotropic substances act, 1985, section 22c, 8 c, 20 biia, 29, 37 bail recovery of charas, ganja and lsd stamps certified copies of arrest memo shows search and seizure doubtful arrest memo of accused reveals that they were arrested at 3.
Ndps act views drug offences very seriously and penalties are stiff. An overview on narcotic drugs and psychotropic substances. Briefly stated, the facts of the case are as under. The narcotic drugs and psychotropic substances act, 1985 61 of 1985 141 an act to 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 substances, to provide for the forfeiture of property derived from, or used in illicit traffic in narcotic drugs and psychotropic. Narcotic drugs and psychotropic substances act, 1985, section 37 recovery of 60 kgs of ganja from three accused persons bar of section 37 of ndps will not apply bar of section 37 of the ndps act is not applicable in case of recovery of less than 20 kg of ganja, meaning thereby, that 60 kg of ganja recovery from three persons, i. In a period of less than a year around 14, 564 people got arrested under the ndps act in punjab with almost one. Punishment for offences department of revenue ministry of. India passed the narcotic drugs and psychotropic substances act, ndps act in 1985 which was consequently amended in 1989, 2001 and recently, in 2014. Narcotic drugs and psychotropic substances act, 1985. An act to 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 substances 1 to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the international conventions on. Salient features of the narcotic drugs and psychotropic. In section 18 of the principal act, in clause a, for the words six months, the words one yea r shall be substituted. The admissibility of the contraband substance under section 50 of the ndps act is covered with a blanket of complexities. The narcotic drugs and psychotropic substances amendment act, 1988 act no.
The narcotic drugs and psychotropics substances act. No such requirement as contemplated under sections 41 or 42. The ndps act it is also possible for the central and state governments to notify any new class of officers of any department to enforce. The narcotic drugs and psychotropic substances amendment act, 2014 act no. The narcotic drugs and psychotropic substances act, 1985, commonly referred to as the ndps act.
The ndps act divides the powers and responsibility of regulation of licit activities. Narcotic drugs and psychotropic substances act,1985. As per sub section a where the contravention involves small quantity, the rigorous imprisonment may extend to six months or with fine which may extend to ten thousand rupees or with both whereas under sub section b where the contravention involves quantity lesser than commercial quantity but. General principles to be followed in administration of act. This law ndps act has been victimising people since 1985.
Section 20 in the narcotic drugs and psychotropic substances act, 1985. Substantive provisions of the act are contained in chapter 3 dealing with prohibition, control and regulation of certain activities. The protection of children from sexual offences act. Oct 07, 2019 state of uttaranchal in regard with the section 50 of the narcotic drugs and psychotropic substances act, 1985 hereinafter ndps act. In cases of chance recovery during normal investigation by a police officer, section 50 would not apply. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12. Search and recovery can only be effected under ndps act in presence of magistrate or gazetted officer. Section 230 of the indian contract act, 1872 categorically makes it clear that an agent is not liable for the acts of a disclosed principal subject to a contract of the contrary. If the police officer is an empowered officer then from that stage on ward he should observe the procedure under ndps act. The narcotic drugs and psychotropic substances act, 1985. In section 20 of the principal act, in clause b, in sub clause ii, in item a for the words six months, the words one year shall be. For many offences, the penalty depends on the quantity of drug involved small quantity, more than small but less than commercial quantity or commercial quantity of drugs. One schedule giving the list of psychotropic substances.
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