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Narcotics Drugs and Psychotropic Substances (Amendment) Act, 2001
Date 20/10/11/12/10  Author Infrosoft Health Content Team  Hits 1007  Language Global
An Act further to amend the Narcotic Drugs and Psychotropic Substances Act, 1985. BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:


1. Short title and commencement

            (1)  This Act may be called the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001.

            (2)  It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

2. Amendment of section 1

            In the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) (hereinafter referred to as the principal Act), in section 1, in sub-section (2), after the words "whole of India", the following shall be inserted, namely – "and it applies also –

            (a)  to all citizens of India outside India; 

            (b)  to all persons on ships and aircrafts registered in India, wherever they may be".

3. Amendment of section 2

            In section 2 of the principal Act –

            (a)  for clause (i), the following clause shall be substituted, namely –

                  ‘(i) "addict" means a person who has dependence on any narcotic drug or psychotropic substance;’

            (b)  clause (viia)  shall be relettered as clause (viid) and before clause (viid) as so relettered, the following clauses shall be inserted, namely –

                        (viia) "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the  Official Gazette;

                        (viib)  "controlled delivery" means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted for them to pass out of, or through or into the territory of India with the knowledge and under the supervision of an officer empowered in this behalf or duly authorized under section 50A with a view to identifying the persons involved in the commission of an offence under this Act;

                        (viic)  "corresponding law" means any law corresponding to the provisions of this Act;

            (c)  after clause (xxiii), the following clause shall be inserted, namely –

                        (xxiiia)   "small quantity", in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the  Official Gazette.

4. Amendment of section 7A

            In section 7A of the principal Act, for sub-sections (2) and (3), the following sub-sections shall be substituted, namely –

            (2)   The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with the measures taken for –

                       (a)   combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances;

                        (b)  controlling the abuse of narcotic drugs and psychotropic substances;

                        (c)   identifying, treating, rehabilitating addicts;

                        (d)   preventing drug abuse;

                        (e)   educating public against drug abuse; and

                        (f)    supplying drugs to addicts where such supply is a medical necessity.

            (3)  The Central Government may constitute a Governing Body as it thinks fit to advise that Government and to sanction money out of the said Fund subject to the limit notified by the Central Government in the Official Gazette.

 5.  Insertion of new section 8A

            After section 8 of the principal Act, the following section shall be inserted, namely –

            8A.  Prohibition of certain activities relating to property derived from offence.  No person shall –

               (a)  convert or transfer any property knowing that such  property  is derived  from  an offence committed under this Act or under any other corresponding law of any other country or from an act of participation in  such  offence, for the purpose of concealing  or disguising the illicit  origin  of the  property  or to assist any person  in  the commission of an offence or to evade the legal consequences; or

               (b)   conceal or disguise the true nature, source, location, disposition of any property knowing that such property is derived from an offence committed under this Act or under any other corresponding law of  any other country; or

               (c)   knowingly acquire, possess or use any property which was  derived from an offence committed under this Act or under any other corresponding law of any other country. 

6.  Substitution of new sections for sections 15 to 18.

     For sections 15 to 18 of the principal Act, the following sections shall be substituted, namely –

            15. Punishment for contravention in relation to poppy straw

                 Whoever, in contravention of any provisions of this Act or any rule or order made or condition of a license granted thereunder, produces, possesses, transports,  imports   inter-State,  exports  inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does  any  act  in  respect of  warehoused poppy  straw  shall   be punishable –

                        (a)  where the contravention involves small quantity, with rigorous imprisonment  for a term which may extend to six months, or with  fine which may extend to ten thousand rupees, or with both;

                        (b)  where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous  imprisonment for a  term which may extend to ten years, and with fine  which  may extend to one lakh rupees;

                        (c)  where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less  than ten years but which may extend to twenty years, and shall also be  liable to  fine  which shall not be less than one lakh rupees but  which  may extend to two lakh rupees:

               Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

            16.  Punishment for contravention in relation to coca plant and coca leaves

                  Whoever, in contravention of any provision of this Act or any rule or order made or condition of license granted there under, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses coca leaves shall be punishable with rigourous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees.

            17.  Punishment for contravention in relation to prepared opium

                  Whoever, in contravention of any provision of this Act or any rule or order made or condition of license granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State,  exports  inter-State or uses prepared opium shall be punishable –

                        (a)  where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with  fine which may extend to ten thousand rupees, or with both; or

                        (b)   where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous  imprisonment for a term which may extend to ten years, and with fine  which  may extend to one lakh rupees; or

                        (c)   where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

               Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

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

                Whoever, in contravention of any provision of this Act or any rule or order made or condition of license granted thereunder, cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses opium shall be punishable –

                        (a)  where the contravention involves small quantity, with rigorous imprisonment  for a term which may extend to six months, or with  fine which may extend to ten thousand rupees, or with both;

                        (b)  where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be  liable to fine which shall not be less than one lakh rupees which may extend to two lakh rupees:

                  Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees;

                        (c)  in any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one lakh rupees.

7.  Amendment of section 20.

            In section 20 of the principal Act, in clause (b), for sub-clauses (i) and (ii), the following sub-clauses shall be substituted, namely –

            (i)   where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees; and

            (ii)   where such contravention relates to sub-clause (b) –

                        (A)  and involves small quantity, with rigorous imprisonment for a term which  may extend to six months, or with fine which may extend to  ten thousand rupees, or with both;

                        (B)  and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which  may extend to ten  years,  and with fine which may extend  to  one  lakh rupees;

                        (C)  and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

              Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

Substitution of new sections for sections 21 to 23.-

For sections 21 to 23 of the principal Act, the following sections shall be substituted, namely

8. Substitution of new sections for sections 21 to 23.-For sections 21 to 23 of the principal Act, the following sections shall be substituted, namely –

            21. Punishment for contravention in relation to manufactured drugs and preparations

                  Whoever, in contravention of any provision of this Act or any rule or order made or condition of license granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable –

                        (a)  where the contravention involves small quantity, with rigorous imprisonment  for a term which may extend to six months, or with  fine which may extend to ten thousand rupees, or with both;

                        (b)  where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine  which may extend to one lakh rupees;

                        (c)  where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be  liable to  fine  which shall not be less than one lakh rupees but  which  may extend to two lakh rupees:

               Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

            22. Punishment for contravention in relation to psychotropic substance

                  Whoever, in contravention of any provision of this Act or any rule or order made or condition of license granted thereunder, manufacturers, possesses, sells, purchases, transports, imports inter-State, exports  inter-State or uses any psychotropic  substance shall be punishable –

                 (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with  fine which may extend to ten thousand rupees, or with both;

                 (b)  where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine  which  may extend to one lakh rupees;

                (c)  where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less  than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but  which  may extend to two lakh rupees:

               Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

            23. Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances

                Whoever, in contravention of any provision of this Act or any rule or order made or condition of license or permit granted or certificate or authorization issued thereunder, imports into India or exports from India or tranships any narcotic drug or psychotropic substance shall be punishable –

                  (a) where the contravention involves small quantity, with rigorous imprisonment  for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both;

                  (b)  where the contravention involves quantity, lesser than commercial quantity  but greater than small quantity, with rigorous  imprisonment for a term which may extend to ten years, and with fine  which may extend to one lakh rupees;

                  (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less  than ten years but which may extend to twenty years, and shall also be  liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

                  Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

9.  Substitution of new section for section 25.

            25.  Substitution of new section for section 25.-For section 25 of the principal Act, the following section shall be substituted, namely –

            "25. Punishment for allowing premises, etc., to be used for commission of an offence.-Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this Act, shall be punishable with the punishment provided for that offence."

10.  Substitution of new section for section 27.

         For section 27 of the principal Act, the following section shall be substituted, namely –

            27.  Punishment for consumption of any narcotic drug or psychotropic substance.- Whoever consumes any narcotic drug or psychotropic substance shall be punishable –

                        (a) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both; and

                        (b) where the narcotic drug or psychotropic substance consumed is other than those specified in or under clause (a), with  imprisonment for a term which may extend to six months, or with fine  which  may extend to ten thousand rupees, or with both.

11. Amendment of section 30.

            In section 30 of the principal Act, for the words, figures and brackets "section 15 to section 25 (both inclusive) and from the circumstances of the case", the words, figures and letter "sections 19, 24 and 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance and from the circumstances of the case" shall be substituted.

12. Substitution of new section for section 31.

         For section 31 of the principal Act, the following section shall be substituted, namely –

            31. Enhanced punishment for offences after previous conviction

                        (1)  If any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under this Act is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under this Act with the same amount of punishment shall be punished for the second and every subsequent  offence with rigorous imprisonment for a term which  may extend to one-half of the maximum term of imprisonment, and also be liable to fine which shall extend to one-half of the maximum amount of fine.

                        (2)  Where the person referred to in sub-section (1) is liable to be punished with a minimum term of imprisonment and to a minimum amount of fine, the minimum punishment for such person shall be one-half of the minimum term of imprisonment and one-half of the minimum amounts of fine:

               Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding the fine for which a person is liable.

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