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Narcotics Drugs and Psychotropic Substances (Amendment) Act, 2001 (3)
Date 20/10/11/12/19  Author Infrosoft Health Content Team  Hits 1192  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:


 21.  Amendment of section 49.

            In section 49 of the principal Act, after sub-section (4), the following sub-sections shall be inserted, namely –

            (5)  When an officer duly authorized under section 42 has reason to believe that it is not possible to take the person to be searched to the nearest Gazetted Officer or Magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest Gazetted Officer or  Magistrate,  proceed to search the person as provided under section 100 of the Code of Criminal Procedure, 1973 (2 of 1974).

            (6)  After a search is conducted under sub-section (5), the officer shall record the reasons for such belief which necessitated such search and within seventy-two hours send a copy thereof to his immediate official superior.

23.  Insertion of new section 50A.

          After section 50 of the principal Act, the following section shall be inserted, namely –

            50A.  Power to undertake controlled delivery. The Director General of Narcotics  Control Bureau constituted under sub-section (3) of section 4 or any other officer authorized by him in this behalf, may, notwithstanding anything contained in this Act, undertake controlled delivery of any consignment to –

                        (a)   any destination in India;

                        (b)   a foreign country, in consultation with the competent authority of such foreign country to which such consignment is destined, in such manner as may be prescribed.  

24.  Amendment of section 53.

            In section 53 of the principal Act –

            (a)  in sub-section (1), for the words "or Border Security Force", the words "or  any other department of the Central  Government  including para-military forces or armed forces" shall be substituted;

            (b)  in sub-section (2), after the word "excise", the words  "or  any other department" shall be inserted. 

25.  Substitution of new section for section 54.

         For section 54 of the principal Act, the following section shall be substituted, namely –

            54. Presumption from possession of illicit articles.-In trials under this Act, it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under this Act in respect of –

                        (a)  any narcotic drug or psychotropic substance or controlled substance;

                        (b)  any opium poppy, cannabis plant or coca plant growing on any land which he has cultivated;

                        (c)  any apparatus specially designed or any group of utensils specially adopted for the manufacture of any narcotic drug or psychotropic substance or controlled substance; or

                        (d)  any materials which have undergone any process towards the anufacture of a narcotic drug or psychotropic substance or controlled substance, or any residue  left of the  materials  from  which  any narcotic drug or psychotropic substance or controlled substance has been manufactured for the possession of which he fails to account satisfactorily. 
 
26. Amendment of section 60.

            In section 60 of the principal Act –

            (a)  for sub-section (1), the following sub-section shall be substituted, namely –

                        (1)  Whenever any offence punishable under this Act has been committed, the narcotic drug, psychotropic substance, controlled substance, opium poppy,  coca plant, cannabis plant, materials, apparatus  and utensils in respect of which or by means of which  such offence has been committed, shall be liable to confiscation

             (b) in sub-sections (2) and (3), after the words "psychotropic substance", wherever they occur, the words "or controlled substances" shall be inserted.

27.  Amendment of section 61.

            In section 61 of the principal Act, for the words "narcotic drug or psychotropic substance", the words "narcotic drug, psychotropic substance or controlled substance" shall be substituted.

28.  Amendment of section 62.

            In section 62 of the principal Act, for the words "narcotic drug or psychotropic substance", the words "narcotic drug, psychotropic substance or controlled substance" shall be substituted.

29. Amendment of section 63.

            In section 63 of the principal Act –

            (a)  in sub-section (2), in the second  proviso,  after  the  words "psychotropic  substance", the words "controlled substance" shall be inserted;

            (b)  sub-section (3) shall be omitted.

 30. Substitution of new section for section 64A.

            For section 64A of the principal Act, the following section shall be substituted, namely –

                 64A. Immunity from prosecution to addicts volunteering for treatment.-Any addict, who is charged with an offence punishable under section 27 or with offences involving small quantity of narcotic drugs or psychotropic substances, who voluntarily seeks to undergo  medical treatment for de-addiction  from  a  hospital  or an institution maintained  or  recognised by the Government or a local authority  and undergoes  such  treatment  shall not be liable to  prosecution  under section  27  or under any other section for offences involving small quantity of narcotic drugs or psychotropic substances:

             Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction. 

31.  Amendment of section 68A.

            In section 68A of the principal Act, in sub-section (2) –

            (i)   in clause (a), for the word "five", the word  "ten" shall be substituted;

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

                        (cc) every person who has been arrested or against whom a warrant or authorization of arrest has been issued for the commission of an offence punishable under this Act with imprisonment for a term of ten years or more, and every person who has been arrested or against whom a warrant or authorization of arrest has been issued for the commission of a similar offence under any corresponding law of any other country;

            (iii)  in clauses (d), (e) and (f), after the word, brackets and letter "clause  (c)", the words, brackets and letters "or clause (cc)"  shall be inserted.

32. Amendment of section 68B.

            In section 68B of the principal Act, in clause (g), in sub-clause (i), for the words "illicit traffic", the words "the contravention of any provisions of this Act" shall be substituted.

33. Amendment of section 68C.

            In section 68C of the principal Act, in sub-section (2), for the proviso, the following proviso shall be substituted, namely –

            Provided that no property shall be forfeited under this Chapter if such property was acquired, by a person to whom this Act applies, before a period of six years from the date he was arrested or against whom a warrant or authorization of arrest has been issued for the commission of an offence punishable under this Act or from the date the order or detention was issued, as the case may be.

34. Amendment of section 68E.

            In section 68E of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely –

Every officer empowered under section 53 and every officer-in-charge of a police station shall, on receipt of information is satisfied that any person to whom this Chapter applies holds any illegally acquired property, he may, after recording reasons for doing so, proceed to take all steps necessary for tracing and identifying such property.
 
36. Amendment of section 68-I.

            In section 68-I of the principal Act, after sub-section (3), the following proviso shall be inserted, at the end, namely –

            Provided that no illegally acquired property of any person who is referred to in clause (cc) of sub-section (2) of section 68A or relative of a person referred to in that clause or associate of a person referred to in that clause or holder of any property which was at any time previously held by a person referred to in that clause shall stand forfeited.

37.  Amendment of section 68-O.

            In section 68-O of the principal Act, in sub-section (1), for the words "Any person aggrieved by an order of the competent authority", the words, brackets, figures and letter "Any officer referred to in sub-section (1) of section 68E or any person aggrieved by an order of the competent authority" shall be substituted. 
 
38.  Insertion of new section 68Z.

        After section 68Y of the principal Act, the following section shall be inserted, namely – 

68Z. Release of property in certain cases.

                        (1) Where the detention order of a detent is set aside or withdrawn, properties seized or frozen under this Chapter shall stand released.

                        (2)  Where any person referred to in clause (a) or clause (b) or clause (cc) of sub-section (2) of section 68A has been acquitted or discharged from the charges under this Act or any other corresponding law of any other country and the acquittal was not appealed against or when appealed against, the appeal was disposed of as a consequence of which such property could not be forfeited or warrant of arrest or authorization of arrest issued against such person has been withdrawn, then, property seized  or  frozen under  this  Chapter  shall  stand released.

 39.  Amendment of section 76.

            In section 76 of the principal Act, in sub-section (2), after clause (c), the following clause shall be inserted, namely –

            (ca)   the manner in which "controlled delivery" under section 50A is to be undertaken;

 40.  Amendment of section 77.

            In section 77 of the principal Act, for the portion beginning with the words "Every rule made under this Act" and ending with "shall be laid, as soon as may be, after it is made or issued", the following shall be substituted, namely –

            "Every rule made under this Act by the Central Government and every notification or order issued under clause (viia), clause (xi), clause (xxiiia) of section 2, section 3, section 7A, section 9A and clause (a) of section 27 shall be laid, as soon as may be, after it is made or issued".

 41. Application of this Act to pending cases.

            (1)   Notwithstanding anything contained in sub-section (2) of section 1, all cases pending before the courts or under investigation at the commencement of this Act  shall  be disposed of in accordance with the provisions of  the principal Act as amended by this Act and accordingly, any person found guilty of any offence punishable under the principal Act, as it stood immediately before such commencement, shall be liable for a punishment which is lesser than the punishment for which he is otherwise  liable at the date of the commission of such offence: 

            Provided that nothing in this section shall apply to cases pending in appeal.

            (2)    For the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if this Act has not come into force.

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