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Narcotics Drugs and Psychotropic Substances (Amendment) Act, 2001 (2)
Date 20/10/11/12/15  Author Infrosoft Health Content Team  Hits 1076  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:

(3)  Where any person is convicted by a competent court of criminal jurisdiction outside India under any corresponding law, such person, in respect of such conviction, shall be dealt with for the purposes of sub-sections (1) and (2) as if he had been convicted by a  court  in India.   

13.  Amendment of section 31A.

            In section 31A of the principal Act –

            (a)  in sub-section (1) –

                 (i) for the words, figures, brackets and letter "section 15 to section 25  (both  inclusive) or section 27A", the words, figures and letter "section 19, section 24, section 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance" shall be substituted;

                     (ii) in sub-clause (a), in the Table, in column (2), against entry (viii), for the figures and word "1,500 grams", the words "lesser of the quantity between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture" shall be substituted;

            (b) in sub-section (2), for the words, figures, brackets and letter "section 15 to section 25 (both inclusive), section 27A, section 28 or section 29", the words, figures and letter "section 19, section 24 or section  27A and  for offences involving commercial quantity of any narcotic drug or psychotropic substance" shall be substituted.

14. Insertion of new section 32B.-After section 32A of the principal Act, the following section shall be inserted, namely –

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

                    Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this Act, the court may, in addition to such factors as it may deem fit, take into account the following factors for imposing a punishment higher  than the minimum term of imprisonment or amount of fine, namely –

                        (a) the use or threat of use of violence or arms by the offender;

                        (b) the fact that the offender holds a public office and that he has taken advantage of that office in committing the offence;

                       (c) the fact that the minors are affected by the offence or the minors are used for the commission of an offence;

                       (d) the fact that the offence is committed in an educational institution or social service facility or in the immediate vicinity of such institution or faculty or in other place to which school children and students resort for educational, sports and social activities;

                     (e)  the fact that the offender belongs to organised international or any other criminal group which is involved in the commission of  the offence; and

                    (f)  the fact that the offender is involved in other illegal activities facilitated by commission of the offence.

15. Substitution of new section for section 36A.

            For section 36A of the principal Act, the following section shall be substituted, namely –

            36A. Offences triable by Special Courts

                (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) –

                      (a)  all offences under this Act which are punishable with imprisonment for a term of more than three years shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the Government;

                      (b) where a person accused of or suspected of the commission of an offence  under this Act is forwarded to a Magistrate under sub-section (2)  or  sub-section  (2A)  of section 167 of  the  Code  of  Criminal Procedure,  1973  (2 of  1974), such  Magistrate  may  authorise the detention of such person in such custody as he thinks fit for a period not exceeding  fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate:

               Provided that in cases which are triable by the Special Court where such Magistrate considers –

                                (i)  when such person is forwarded to him as aforesaid; or

                                (ii)  upon or at any time before the expiry of the period of detention authorized by him, that  the detention of such person is unnecessary, he shall order such person to be forwarded to the Special Court having jurisdiction;

                      (c)  the Special Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), in relation to an accused person in such case who has been forwarded to him under that section;

                       (d)  a Special Court may, upon perusal of police report of the  facts constituting an offence under this Act or upon complaint made by an officer of the Central Government or a State Government authorized in this behalf, take cognizance of that offence without the accused being committed to it for trial.

            (2) When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act with which the accused may, under the Code of Criminal Procedure, 1973 (2 of  1974), be charged at the same trial.

            (3)  Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974), and the High Court may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the reference to "Magistrate" in that section included also a reference to a "Special Court" constituted under section 36.

             (4)  In respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for  offences  involving commercial quantity the references in sub-section (2) of section  167 of the Code of Criminal Procedure, 1973 (2 of 1974) thereof to "ninety days", where they occur, shall be construed as reference to "one hundred and eighty days":

                   Provided that, if it is not possible to complete the investigation within the said period of one hundred and eighty days, the Special Court may extend the said period up to one year on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of one hundred and eighty days.

               (5)  Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offences punishable under this Act with imprisonment for a term of not more than three years may be tried summarily.
 
16.  Substitution of new section for section 36D.

            For section 36D of the principal Act, the following section shall be substituted, namely –

            36D.  Transitional provisions

                        (1)   Any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989), which is triable by a Special Court shall, until a Special Court is constituted under section 36, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), be tried by a Court of Session.

                        (2)   Where any proceedings in relation to any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989) are pending before a Court of Session, then, notwithstanding anything contained in sub-section (1), such proceeding shall be heard and disposed of by the Court of Session:

                  Provided that nothing contained in this sub-section shall affect the power  of  the  High Court under section 407 of the Code  of  Criminal Procedure,  1973  (2 of 1974) to transfer any case or class of cases taken cognizance by a Court of Session under sub-section (1).

17. Amendment of section 37.

            In section 37 of the principal Act, in sub-section (1), in clause (b), for the words "a term of imprisonment of five years or more under this Act", the words, figures and letter "offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity" shall be substituted.

18. Amendment of section 39.

            In section 39 of the principal Act, in sub-section (1), after the words and figures "under section 27", the words "or for offences relating to small quantity of any narcotic drug or psychotropic substance" shall be inserted.

19. Substitution of new sections for section 41 to 43.

            For sections 41 to 43 of the principal Act, the following sections shall be substituted, namely –

            41. Power to issue warrant and authorization

                        (1) A Metropolitan Magistrate or a Magistrate of the first class or any Magistrate of the second class specially empowered by the State Government in this behalf, may issue a warrant for the arrest of any person whom he has reason to believe to have committed any offence punishable under this Act, or for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe any narcotic drug or psychotropic substance or controlled substance in respect of which an offence punishable under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other  article  which may furnish evidence of holding  any  illegally acquired property which is liable for seizure or freezing  or forfeiture under Chapter VA of this Act is kept or concealed.

                        (2)  Any such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the Central Government including the para-military forces or the armed forces as is empowered in this behalf by  general or special order by the Central Government, or any such officer of the revenue, drugs control, excise, police or any other department of a State  Government as if empowered in this behalf by general or special order of the State  Government if he has reason to believe  from personal  knowledge or information given by any person and  taken in writing that any person has committed an offence punishable under this Act or that any narcotic drug or psychotropic substance or controlled substance  in  respect  of which any offence under this Act has  been committed or any document or other article which may furnish evidence of  the commission of such offence or any illegally acquired  property or any document or other article which may furnish evidence of holding any illegally  acquired property  which is  liable for seizure or freezing or forfeiture under  Chapter VA of this  Act is kept or concealed in any building, conveyance or place, may  authorise  any officer subordinate to him but superior in rank to a peon, sepoy or a constable to arrest such a person or search a building, conveyance or place  whether  by day or by night or himself arrest such a person or search a building, conveyance or place.

                        (3)  The officer to whom a warrant under sub-section (1) is addressed and the officer who authorized the arrest or search or the officer who is so authorized under sub-section (2) shall have all the powers of an officer acting under section 42.

         42. Power of entry, search, seizure and arrest without warrant or authorization

                        (1)  Any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the Central Government including para-military or armed forces as is empowered in this behalf by general or special order by the Central Government, or any such officer (being an officer superior in rank to a  peon, sepoy or constable) of the revenue, drugs control, excise, police or any other department of a State Government as is  empowered in this behalf by general knowledge or information given by any person and  taken  down  in writing that any narcotic drug, or psychotropic substance,  or controlled  substance in respect of which an offence punishable under this Act has been committed or any document or other article  which may furnish evidence of the commission of such offence or  any  illegally acquired property or any document or other  article which  may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed in any building, conveyance or enclosed place, may between sunrise and subset –

            (a)  enter into and search any such building, conveyance or place;

            (b)  in case of resistance, break open any door and remove any obstacle to such entry;

            (c)  seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this Act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under this Act or furnish  evidence of holding any illegally acquired property  which is liable for seizure or freezing or forfeiture  under Chapter VA of this Act;  and

           (d)  detail and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punishable under this Act:

                   Provided that if such officer has reason to believe that a search warrant or authorization cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search such building, conveyance or enclosed place at any time between sunset and sunrise after recording the grounds of his belief.

                        (2) Where an officer takes down any information in writing under sub-section (1) or records grounds for his belief under the proviso thereto, he shall within seventy-two hours send a copy thereof to his immediate official superior.

            43. Power of seizure and arrest in public place.-Any officer of any of the departments mentioned in section 42 may

                       (a) seize in any public place or in transit, any narcotic drug or psychotropic  substance or controlled substance in respect of which he has reason  to believe an offence punishable under this Act has been committed, and, along  with such drug or substance, any animal or conveyance or article  liable to confiscation under this  Act,  any document  or other article which he has reason to believe may  furnish evidence  of the commission of an offence punishable under this Act or any document or other article which may furnish evidence of holding any illegally acquired property which is  liable  for seizure or freezing or forfeiture under Chapter VA of this Act;

                       (b) detain and search any person whom he has reason to believe to have committed an offence punishable under this Act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and  such possession appears to him to be unlawful, arrest him and any other person in his company.

          Explanation.-For the purposes of this section, the expression "public place"  includes  any public conveyance, hotel, shop, or  other  place intended for use by, or accessible to, the public.

20.  Amendment of section 44.

            In section 44 of the principal Act, after the words "psychotropic substance", the words "or controlled substance" shall be inserted. 

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