Punishment for contravention of orders made under section 9a. 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. The customs team requested two persons amongst the persons who were present at the spot of. Factors to be taken into account for imposing higher than the minimum punishment. The narcotic drugs and psychotropic substances act 1985, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. The narcotic drugs and psychotropics substances act. An overview on narcotic drugs and psychotropic substances act. Section 15 of the ndps act speaks about punishment for. The high court have held that the presence of the magistrate. Under section 412 only the empowered officer can give the authorization to his subordinate.
Accused was arrested and he was produced before the court and remanded to judicial custody. If that be so, there was necessity for compliance of section 50 of the ndps act before going to search in person of the accused. Court upheld a sentence of 20 yrs, despite nonconsideration of section 32b no pronouncement by the sc on this yet. 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. The narcotic drugs and psy chotropic substances amendment act, 2014 the following act of parliament received the assent of the president on 7 th march, 2014, and was published in the gazette of india, extraordinary, part ii section 1, no.
An act to consolidate and amend the law relating to arms and ammunition. In section 54 of ndps act it is stated that unless the contrary is proved it shall be presumed that the accused was had committed an offence related to drugs. In this article, pranav does a comparative analysis of the narcotics drugs and psychotropic substance act, 1985 and the indian evidence act, 1872. 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. May, 2016 amazing contents delivered by jurisprep classes dean, which is rarely taught, must see for better knowledge upgrdationthanks to sh. 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. Narcotic drugs and psychotropic substances act, 1985 wikipedia. Section 2 of the act defines the various terms used in it, unless the context otherwise. The ndps act 1985 comprises of 83 sections and has one schedule that mentions an extensive list of all psychotropic substances. 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 orfeiture of property. Ndps act views drug offences very seriously and penalties are stiff. Drug dependents for medical purposes can now have easy access to narcotic drugs unlike the condition under 1985 act previously. Analysis of the narcotic drugs and psychotropic substances.
See subclause viia and xxiiia of section 2 of the act. According to an amendment in 1989, in section 31a mentions death penalty for repeated offences if the. 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. Narcotic drugs and psychotropic substances ndps act,1985. Introduction ndps act, as it is known popularly, is meant to face a very important social problem. Enforcement of the narcotic drugs and psychotropic. Narcotics, drugs and psychotropic substances act 1985 india code. Not only this, the series of new amendments to the principal act of ndps, 1985 has introduced some ground breaking changes. Thus, it is clear that provisions of section 42 of ndps act would be only applicable. The quantum of sentence and fine varies with the offence. Section 20 in the narcotic drugs and psychotropic substances. High court dismissing the petition upholds the decision of the trial court.
No suspension, remission or commutation in any sentence awarded under this act. Harsher punishment has been forced for repeated offences. The main intention behind the enactment of the act was that till date there was no separate law for handling cases in connection with the explicit usage of drugs and other deadly substances enacted in india. Short title, extent and commencement1 this act may be called the arms act, 1959. Courts cannot provide bail to those accused of offences under sections. Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Narcotic drugs and psychotropic substances act section 53. Punishment for contravention in relation to cannabis plant and cannabis. Oct 30, 2012 section 15 of the ndps act speaks about punishment for contravention in relation to poppy straw. Provision of enhanced punishment for repeated offenders.
The indian evidence act and the narcotic drugs and psychotropic substances act hereinafter referred to as the. Jun 18, 2014 judgments of supreme court of india on narcotic drugs and psychotropic substances ndps act, 1985. The ndps act specifically criminalizes the laundering of proceeds of drug trafficking and does not require a conviction for predicate offence. The narcotic drugs and psychotropic substances act 1985 youtube. Amazing contents delivered by jurisprep classes dean, which is rarely taught, must see for better knowledge upgrdationthanks to sh. The short title for the act is the narcotic drugs and psychotropic substances act, 1985. Search and recovery can only be effected under ndps act in. This is done with a view to improve health conditions and provide medical care as and when. Narcotic drugs and psychotropic substances ndps act,1985 hindi narcotic drugs and psychotropic substances ndps act,1985 hindi no. However, it is necessary to understand that this act has evolved over the years, and has been amended thrice. If such arrest or search is made under the provisions of the ndps act by any one other than such officers, the same would be illegal. Narcotic drugs and psychotropic substances act 1985 ndps act. The 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. Punishment for contravention in relation to cannabis.
Narcotic drugs and psychotropic substances act, 1985 bare. Judgments of supreme court of india on narcotic drugs and psychotropic substances ndps act, 1985. The narcotic drug and psychotropic substance act of 1985 dr. As per ndps act, sections 41 and 42 are attracted when there is a prior. However, even after twenty seven years of enactment, the act the war on drugs. Section 2 of the act defines the various terms used in it, unless the context otherwise requires. Pdf on apr 1, 20, satyakam mohapatra and others published current status of.
The narcotic drugs and psychotropic substances act, popularly known as ndps act, came into force on 14 th november 1985. State of uttaranchal in regard with the section 50 of the narcotic drugs and psychotropic substances act, 1985 hereinafter ndps act. Section 15 of the ndps act speaks about punishment for contravention in relation to poppy straw. An act to consolidate and amend the law relating to narcotic drugs, to make stringent. In other words, the question that arises for consideration in this appeal is whether the prosecution was able to prove that the procedure prescribed under section 50 of the ndps act was followed by the police officials in letter and spirit while making.
According to him, the suspected ganja was in the hand of the accused person and wrapped with polythene papers. Current status of the narcotic drugs and psychotropic substances ndps act. The narcotic drugs and psychotropic substances act, 1985. Section 20b in the narcotic drugs and psychotropic substances act, 1985. 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. Samples were sent for examination to dfsl, assam and after collecting the report the. Punishment for offences department of revenue ministry of. Standard operating procedures to be followed in ndps cases. 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. Oct 07, 2019 state of uttaranchal in regard with the section 50 of the narcotic drugs and psychotropic substances act, 1985 hereinafter ndps act. Amendments in narcotic drugs and psychotropic substances.
Be it enacted by parliament in the tenth year of the republic of india as follows chapter i preliminary 1. Current status of the narcotic drugs and psychotropic substances ndps act article pdf available april 20 with,740 reads how we measure reads. Mufeeth khan msnpsychiatry, mba, md alternative medicine 2. Section 20 in the narcotic drugs and psychotropic substances act, 1985. Section 14 cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes. Whoever, in contravention of any provisions of this act or any rule or order made or condition of licence granted thereunder. 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. Ndps act section 42 power to entry, search, seizure,and arrest without warrant or authorities duration. The narcotic drugs and psychotropic substances act, 1985, commonly referred to as the ndps act. Section 33 application of section 360 of the code of criminal procedure, 1973 and of the probation of offenders act, 1958. Oct 26, 2014 not only this, the series of new amendments to the principal act of ndps, 1985 has introduced some ground breaking changes. 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 customs team requested two persons amongst the persons who were present at the spot of occurrence to be the witness and.
Judgments of supreme court of india on narcotic drugs and. Section 20b in the narcotic drugs and psychotropic substances. In the narcotic drugs and psychotropic substances rules, 1985, in schedule i, under subheading ii psychotropic substances, for item 4 and entries relating thereto, the following shall be substituted, namely. Recorded the statements of witnesses under section 161 cr. Punishment for embezzlement of opium by cultivator. Appeal by special leave was preferred by the appellant for non. An overview on narcotic drugs and psychotropic substances. The 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. Criminal procedure code, 1973, section 439 bail offence us 15 ndps act recovery of 55 kgs of poppy husk petitioner is in custody for 7 months and 16 days and she is punished for no fault on her part keeping in view the entire conspectus of facts and period of incarceration already suffered by petitioner, it deems appropriate to. Salient features of the narcotic drugs and psychotropic. Enforcement of the narcotic drugs and psychotropic substance. Narcotic drugs and psychotropic substances act 1985 ndps.
Security for abstaining from commission of offence. In section 20 cases the prosecution must establish by cogent and reliable evidence. Import policy of controlled substances under the ndps act, 1985. 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. Horticultural purposes is not defined anywhere and is open to interpretation. Narcotic drugs and psychotropic substances act, 1985. Oct, 2018 ndps act section 42 power to entry, search, seizure,and arrest without warrant or authorities duration. Application of section 360 of the code of criminal procedure, 1973 and of the probation of offenders act, 1958. It came into force after the central government notified it in the gazette of india on 14 november 1985. Punishment for contravention in relation to opium poppy and opium. Section 4 authorizes the central government to take measures necessary to. Section 20 in the narcotic drugs and psychotropic substances act.
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