16 Sep Full text containing the act, Narcotic Drugs and Psychotropic Substances Act, , with all the sections, schedules, short title, enactment date. SUBSTANCES ACT, INTRODUCTION. The statutory control over narcotic drugs was being exercised under The. Opium Act, , The Opium Act, To combat this, the Government of India formulated the Narcotic Drugs and Psychotropic Substances (NDPS) Act, , which provides the current framework.
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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 ndos person of an offence punishable under any provision of this Act, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty atc and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.
The Central Government may, if satisfied that it is necessary or expedient so to do on the basis of the information and evidence which has become available to it with respect to the nature and effects of, and the abuse or the scope for abuse of, any substance natural or synthetic or natural material or acct salt or preparation of such substance or material; and nrps modifications or provisions if any which have been made to, or in, any Npds Convention with respect to such substance, natural material or salt or preparation of such substance or material, by notification in the Official Gazette, add to, or, as the case may be, omit from, the list of psychotropic substances specified in the Schedule such substance or natural material or salt or preparation of such substance or material.
Narcotic Drugs and Psychotropic Substances Act, | Bare Acts | Law Library | AdvocateKhoj
The Central Government may also by order, published in the Official Gazette, constitute an authority or a hierarchy of authorities by such name or names as may be specified in the order for the purpose of exercising such of the powers and functions of the Central Government under this Act and for taking measures with respect to such of the matters referred to above as may be mentioned in the order, and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers and take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers and take such measures.
We also considered the age of onset of ICD dependence as the age of first onset of the third criterion among the six criteria. Punishment for certain acts by licensee or his servants.
Protection of action taken in good faith.
The Amendment also removed the NDPS Act’s imposition of a mandatory death sentence in case of a repeat conviction for trafficking large quantities of drugs, giving courts the discretion to use the alternative sentence of 30 years imprisonment for repeat offences. The bond shall be in such form as may be prescribed by the Central Government and the provisions of the Code of Criminal Procedure,shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section of that Code.
Application of the Drugs and Cosmetics Act, not barred. Relevancy of statements under certain circumstances. List of Psychotropic Substances.
From Wikipedia, the free encyclopedia. The Committee may, if it deems ndpa necessary so to do for the efficient discharge of any of its functions, constitute one or more sub-committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter, any person including a non-official who is not a member of the Committee.
Any person who contravenes any provision of this Act, or any rule or order made or condition of license granted thereunder, 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 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.
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;s Central Government over any of the matters specified below:.
Why is alcohol excluded and opium included in NDPS act, 1985?
The New Indian Express. Mattoo SK, Basu D. The court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant.
When any addict is found guilty of actt offence punishable under section 27 and if the court by which he is found guilty is of the opinion, regard being had to the age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for de-toxification or de-addiction from a hospital or an institution maintained or recognized by Government and on his entering into a bond in the form prescribed by the Central Government, with or without 19855, to appear and furnish before the court within a period not exceeding one year, a report regarding the result axt his medical treatment and, in the meantime, to abstain from the commission of any offence under Chapter IV.
In any prosecution for nndps offence under this Act which requires a culpable mental state of the accused, the court shall presume the existence of such mental state but it shall be a defense for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.
Section 2 of the Act defines the various terms used in it, unless the context otherwise requires. Footnotes Source of Support: Chaudhury Physiological assessment of male alcoholism.
Immunity from prosecution to addicts volunteering for treatment. Any person who contravenes 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 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.
For the purposes of clauses “coca derivative”, “coca leaf”, “opium” and “opium derivative” the percentages in the case of liquid preparations shall be calculated on the basis that a preparation containing one per cent. The expenses of any publication under this section shall be recoverable from the convicted person as if it were a fine imposed by the court. Presumption of culpable mental state.
Narcotic Drugs and Psychotropic Substances Act, – Wikipedia
Different forms of alcohol have been used in various human societies at least since the aft of recorded history. Enhanced punishment for certain offences after previous conviction. Notice or order not to be invalid for error in description. Average duration from onset of substance use and from onset of the first criterion of the development of dependence was 8.
Under one of the provisions of the act, the Narcotics Control Bureau was set up with effect from March As part of the contemporary dynamic of globalization, there has also been an increased use of drugs, which has now reached mammoth proportions.
Sathpathy has also advocated the legalisation of cannabis. If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. Whoever attempts to commit any offence punishable under this Chapter or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the punishment provided for the offence. BJD chief whip Tathagata Satpathy”.