THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985 
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ARRANGEMENT OF SECTIONS 
Last Update 3-1-2022 
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CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Power to add to or omit from the list of psychotropic substances. 

CHAPTER II 
AUTHORITIES AND OFFICERS 
4.  Central Government to take measures for preventing and combating abuse of and illicit traffic in 

narcotic drugs, etc. 

5.  Officers of Central Government. 
6.  The Narcotic Drugs and Psychotropie Substances Consultative Committee. 
7.  Officers of State Government. 

CHAPTER IIA 

NATIONAL FUND FOR CONTROL OF DRUG ABUSE 

7A. National Fund for Control of Drug Abuse. 
7B. Annual report of activities financed under the Fund. 

CHAPTER III 
PROHIBITION, CONTROL AND REGULATION 

8.  Prohibition of certain operations. 
8A. Prohibition of certain activities relating to property derived from offence. 
9.  Power of Central Government to permit, control and regulate. 
9A. Power to control and regulate controlled substances. 
10.  Power of State Government to permit, control and regulate. 
11.  Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment. 
12.  Restrictions over external dealings in narcotic drugs and psychotropic substances. 
13.  Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring 

agent. 

14.  Special provision relating to cannabis. 

CHAPTER IV 
OFFENCES AND PENALTIES 

15.  Punishment for contravention in relation to poppy straw. 
16.  Punishment for contravention in relation to coca plant and coca leaves. 
17.  Punishment for contravention in relation to prepared opium. 

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SECTIONS 

18.  Punishment for contravention in relation to opium poppy and opium. 
19.  Punishment for embezzlement of opium by cultivator. 
20.  Punishment for contravention in relation to cannabis plant and cannabis. 
21.  Punishment for contravention in relation to manufactured drugs and preparations. 
22.  Punishment for contravention in relation to psychotropic substances. 
23.  Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and 

psychotropic substances. 

24.  Punishment for external dealings in narcotic drugs and psychotropic substances in contravention 

of section 12. 

25.  Punishment for allowing premises, etc., to be used for commission of an offence. 
25A. Punishment for contravention of orders made under section 9A. 
26.  Punishment for certain acts by licensee or his servants. 
27.  Punishment for consumption of any narcotic drug or psychotropic substance. 
27A. Punishment for financing illicit traffic and harbouring offenders. 
27B. Punishment for contravention of section 8A. 
28.  Punishment for attempts to commit offences. 
29.  Punishment for abetment and criminal conspiracy. 
30.  Preparation. 
31.  Enhanced punishment for offences after previous conviction. 
31A. Death penalty for certain offences after previous conviction. 
32.  Punishment for offence for which no punishment is provided. 
32A. No suspension, remission or commutation in any sentence awarded under this Act. 
32B. Factors to be taken into account for imposing higher than the minimum punishment. 
33.  Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of 

Offenders Act, 1958. 

34.  Security for abstaining from commission of offence. 
35.  Presumption of culpable mental state. 
36.  Constitution of Special Court. 
36A. Offences triable by Special Courts. 
36B. Appeal and revision. 
36C. Application of Code to proceedings before a Special Court. 
36D. Transitional provisions. 
37.  Offences to be cognizable and non-bailable. 
38.  Offences by companies. 
39.  Power of court to release certain offenders on probation. 
40.  Power of court to publish names, place of business, etc., of certain offenders. 

CHAPTER V 
PROCEDURE 

41.  Power to issue warrant and authorisation. 
42.  Power of entry, search, seizure and arrest without warrant or authorisation. 
43.  Power of seizure and arrest in public place. 
44.  Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and 

cannabis plant. 

45.  Procedure where seizure of goods liable to confiscation not practicable. 
46.  Duty of land holder to give information of illegal cultivation. 

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SECTIONS 

47.  Duty of certain officers to give information of illegal cultivation. 
48.  Power of attachment of crop illegally cultivated. 
49.  Power to stop and search conveyance. 
50.  Conditions under which search of persons shall be conducted. 
50A. Power to undertake controlled delivery. 
51.  Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and 

seizures. 

52.  Disposal of persons arrested and articles seized. 
52A. Disposal of seized narcotic drugs and psychotropic substances. 
53.  Power to invest officers of certain departments with powers of an officer-in-charge of a police 

station. 

53A. Relevancy of statements under certain circumstances. 
54.  Presumption from possession of illicit articles. 
55.  Police to take charge of articles seized and delivered. 
56.  Obligation of officers to assist each other. 
57.  Report of arrest and seizure. 
57A. Report of seizure of property of the person arrested by the notified officer. 
58.  Punishment for vexatious entry, search, seizure or arrest. 
59.  Failure of officer in duty or his connivance at the contravention of the provisions of this Act. 
60.  Liability of illicit drugs, substances, plants, articles and conveyances to confiscation. 
61.  Confiscation of goods used for concealing illicit drugs or substances. 
62.  Confiscation of sale proceeds of illicit drugs or substances. 
63.  Procedure in making confiscations. 
64.  Power to tender immunity from prosecution. 
64A. Immunity from prosecution to addicts volunteering for treatment. 
65.  [Omitted]. 
66.  Presumption as to documents in certain cases. 
67.  Power to call for information, etc. 
68.  Information as to commission of offences. 

CHAPTER VA 
FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY 

68A. Application. 
68B. Definitions. 
68C. Prohibition of holding illegally acquired property. 
68D. Competent authority. 
68E. Identifying illegally acquired property. 
68F. Seizure or freezing of illegally acquired property. 
68G. Management of properties seized or forfeited under this Chapter. 
68H. Notice of forfeiture of property. 
68-I. Forfeiture of property in certain cases. 
68J. Burden of proof. 
68K. Fine in lieu of forfeiture. 
68L. Procedure in relation to certain trust properties. 

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SECTIONS 

68M. Certain transfers to be null and void. 
68N. Constitution of Appellate Tribunal. 
68-O. Appeals. 
68P. Notice or order not to be invalid for error in description. 
68Q. Bar of jurisdiction. 
68R. Competent authority and Appellate Tribunal to have powers of civil court. 
68S. Information to competent authority. 
68T. Certain officers to assist Administrator, competent authority and Appellate Tribunal. 
68U. Power to take possession. 
68V. Rectification of mistakes. 
68W. Findings under other laws not conclusive for proceedings under this Chapter. 
68X. Service of notices and orders. 
68Y. Punishment for acquiring property in relation to which proceedings have been taken, under this 

Chapter. 

68Z. Release of property in certain cases. 

CHAPTER VI 
MISCELLANEOUS 

69.  Protection of action taken in good faith. 
70.  Central Government and State Government to have regard to international conventions while 

making rules. 

71.  Power of Government to establish centres for identification, treatment, etc., of addicts and for 

supply of narcotic drug and psychotropic substances. 

72.  Recovery of sums due to Government. 
73.  Bar of jurisdiction. 
74.  Transitional provisions. 
74A. Power of Central Government to give directions. 
75.  Power to delegate. 
76.  Power of Central Government to make rules. 
77.  Rules and notifications to be laid before Parliament. 
78.  Power of State Government to make rules. 
79.  Application of the Customs Act, 1962. 
80.  Application of the Drugs and Cosmetics Act, 1940 not barred. 
81.  Saving of State and special laws. 
82.  Repeal and savings. 
83.  Power to remove difficulties. 

THE SCHEDULE. 

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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 

ACT NO. 61 OF 1985 

[16th September, 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 Narcotic Drugs  and Psychotropic Substances]  and for matters 
connected therewith. 

BE it enacted by Parliament in the Thirty-sixty Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Narcotic  Drugs  and 

Psychotropic Substances Act, 1985. 

(2) It extends to the whole of India 2[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)  It  shall  come  into  force  on  such  date3  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 for 
different  States  and  any  reference  in  any  such  provision  to  the  commencement  of  this  Act  shall  be 
construed in relation to any State as a reference to the coming into force of that provision in that State. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

4[(i)  “addict”  means  a  person  who  has  dependence  on  any  narcotic  drug  or  psychotropic 

substance;] 

(ii)  “Board”  means  the  Central  Board  of  Excise  and  Customs  constituted  under  the  Central 

Boards of Revenue Act, 1963 (54 of 1963); 

(iii) “cannabis (hemp)” means— 

(a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained 
from the cannabis plant and also includes concentrated preparation and resin known as hashish oil 
or liquid hashish; 

(b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and 
leaves when not accompanied by the tops), by whatever name they may be known or designated; 
and  

(c) any mixture, with or without any neutral material, of any of the above forms of cannabis 

or any drink prepared therefrom;  

(iv) “cannabis plant” means any plant of the genus cannabis; 

1. Ins. by Act 2 of 1989, s. 2 (w.e.f. 29-5-1989). 
2. Ins. by Act 9 of 2001, s. 2 (w.e.f. 2-10-2001). 
3.  14th  November,  1985,  vide  notification  No.  S.O.  821(E),  dated  14th  November,  1985,  see  Gazette  of  India,  Extraordinary,  

Part II, sec. 3(ii). 

4. Subs. by Act 9 of 2001, s. 3, for clause (i) (w.e.f. 2-10-2001). 

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1[(iva)  “Central  Government  factories”  means  factories  owned  by  the  Central  Government  or 
factories owned by any company in which the Central Government holds at least fifty-one per cent. of 
the paid-up share capital;] 

(v) “coca derivative” means— 

(a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, 

for the manufacture of cocaine; 

(b) ecgonine and all the derivatives of ecgonine from which it can be recovered; 

(c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and 

(d) all preparations containing more than 0.1 per cent. of cocaine; 

(vi) “coca leaf” means— 

(a) the  leaf  of the  coca  plant  except  a  leaf from  which  all  ecgonine,  cocaine  and  any  other 

ecgonine alkaloids have been removed; 

(b) any mixture thereof with or without any neutral material, 

but does not include any preparation containing not more than 0.1 per cent. of cocaine; 

(vii) “coca plant” means the plant of any species of the genus Frythroxylon; 

2[(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 authorised 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;] 

3[4[(viid)]  “controlled  substance”  means  any  substance  which  the  Central  Government  may, 
having regard to the available information as to its possible use in the production or manufacture of 
narcotic  drugs  or  psychotropic  substances  or  to  the  provisions  of  any  International  Convention,  by 
notification in the Official Gazette, declare to be a controlled substance;] 

(viii) “conveyance” means a conveyance of any description whatsoever and includes any aircraft, 

vehicle or vessel; 

 1[(viiia) “essential narcotic drug” means a narcotic drug notified by the Central Government for 

medical and scientific use;] 

 3[5[(viiib)] “illicit traffic”, in relation to narcotic drugs and psychotropic substances, means— 

(i) cultivating any coca plant or gathering any portion of coca plant; 

(ii) cultivating the opium poppy or any cannabis plant; 

(iii)  engaging  in  the  production,  manufacture,  possession,  sale,  purchase,  transportation, 
warehousing, concealment, use or consumption, import inter-State, export inter-State, import into 
India, export from India or transhipment, of narcotic drugs or psychotropic substances; 

1. Ins. by Act 16 of 2014, s. 2 (w.e.f. 1-5-2014). 
2. Ins. by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001). 
3. Ins. by Act 2 of 1989, s. 3 (w.e.f. 29-5-1989). 
4. Clause (viia) relettered as clause (viid) thereof by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001). 
5. Clause (viiia) relettered as clause (viiib) thereof by Act 16 of 2014, s. 2 (w.e.f. 1-5-2014). 

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(iv)  dealing  in  any  activities  in  narcotic  drugs  or  psychotropic  substances  other  than  those 

referred to in sub-clauses (i) to (iii); or  

(v) handling or letting out any premises for the carrying on of any of the activities referred to 

in sub-clauses (i) to (iv),  

other than those permitted under this Act, or any rule or order made, or any condition of any licence, 
term or authorisation issued, thereunder, and includes— 

(1) financing, directly or indirectly, any of the aforementioned activities; 

(2)  abetting  or  conspiring  in  the  furtherance  of  or  in  support  of  doing  any  of  the 

aforementioned activities; and 

(3) harbouring persons engaged in any of the afore-mentioned activities;] 

(ix) “International Convention” means— 

(a)  the  Single  Convention  on  Narcotic  Drugs,  1961  adopted  by  the  United  Nations 

Conference at New York in March, 1961; 

(b)  the  Protocol,  amending  the  Convention  mentioned  in  sub-clause  (a),  adopted  by  the 

United Nations Conference at Geneva in March, 1972; 

(c)  the  Convention  on  Psychotropic  Substances,  1971  adopted  by  the  United  Nations 

Conference at Vienna in February, 1971; and 

(d)  any  other  international  convention,  or  protocol  or  other  instrument  amending  an 
international  convention,  relating  to  narcotic  drugs  or  psychotropic  substances  which  may  be 
ratified or acceded to by India after the commencement of this Act; 

(x) “manufacture”, in relation to narcotic drugs or psychotropic substances, includes— 

(1) all processes other than production by which such drugs or substances may be obtained; 

(2) refining of such drugs or substances; 

(3) transformation of such drugs or substances; and  

(4) making of preparation (otherwise than in a pharmacy on prescription) with or containing 

such drugs or substances; 

(xi) “manufactured drug” means— 

(a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate; 

(b) any other narcotic substance or preparation which the Central Government may, having 
regard to the available information as to its nature or to a decision, if any, under any International 
Convention, by notification in the Official Gazette, declare not to be a manufactured drug, 

but  does  not  include  any  narcotic  substance  or  preparation  which  the  Central  Government  may,  having 
regard  to  the  available  information  as  to  its  nature  or  to  a  decision,  if  any,  under  any  International 
Convention, by notification in the Official Gazette, declare not to be a manufactured drug; 

(xii)  “medicinal  cannabis”,  that  is,  medicinal  hemp,  means  any  extract  or  tincture  of  cannabis 

(hemp); 

(xiii) “Narcotics Commissioner” means the Narcotics Commissioner appointed under section 5; 

(xiv)  “narcotic  drug”  means  coca  leaf,  cannabis  (hemp),  opium,  popy  straw  and  includes  all 

manufactured drugs; 

(xv) “opium” means— 

(a) the coagulated juice of the opium poppy; and 

(b)  any  mixture,  with  or  without  any  neutral  material,  of  the coagulated juice  of  the  opium 

poppy,  

but does not include any preparation containing not more than 0.2 per cent. of morphine; 

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(xvi) “opium derivative” means— 

(a) medicinal opium, that is, opium which has undergone the processes necessary to adapt it 
for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other 
pharmacopoeia  notified  in  this  behalf  by  the  Central  Government,  whether  in  powder  form  or 
granulated or otherwise or mixed with neutral materials; 

(b)  prepared  opium,  that  is,  any  product  of  opium  obtained  by  any  series  of  operations 
designed to transform opium into an extract suitable for smoking and the dross or other residue 
remaining after opium is smoked; 

(c) phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts; 

(d) diacetylmorphine, that is, the alkaloid also known as dia-morphine or heroin and its salts; 

and 

(e)  all  preparations  containing  more  than  0.2  per  cent.  of  morphine  or  containing  any 

diacetylmorphine; 

(xvii) “opium poppy” means— 

(a) the plant of the species Papaver somniferum L; and 

(b) the plant of any other species of Papaver from which opium or any phenanthrene alkaloid 
can be extracted and which the Central Government may, by notification in the Official Gazette, 
declare to be opium poppy for the purposes of this Act; 

(xviii)  “poppy  straw”  means  all  parts  (except  the  seeds)  of  the  opium  poppy  after  harvesting 
whether  in  their  original  form  or  cut,  crushed  or  powdered  and  whether  or  not  juice  has  been 
extracted therefrom; 

(xix) “poppy straw concentrate” means the material arising when poppy straw has entered into a 

process for the concentration of its alkaloids; 

(xx)  “preparation”,  in  relation  to  a  narcotic  drug  or  psychotropic  substance,  means  any  one  or 
more such drugs or substances in dosage form or any solution or mixture, in whatever physical state, 
containing one or more such drugs or substances; 

(xxi) “Prescribed” means prescribed by rules made under this Act; 

(xxii)  “production”  means  separation  of  opium,  poppy  straw,  coca  leaves  or  cannabis  from  the 

plants from which they are obtained; 

(xxiii)  “Psychotropic  substance”  means  any  substance,  natural  or  synthetic,  or  any  natural 
material or any salt or preparation of such substance or material included in the list of psychotropic 
substances specified in the Schedule; 

1[(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;] 

(xxiv) “to import inter-State” means to bring into a State or Union territory in India from another 

State or Union territory in India; 

(xxv) “to  import  into  India”,  with its  grammatical  variations  and  cognate expressions,  means to 
bring into India from a place outside India and includes the bringing into any port or airport or place 
in India of a narcotic drug or a psychotropic substance intended to be taken out of India without being 
removed from the vessel, aircraft, vehicle or any other conveyance in which it is being carried. 

Explanation.—For  the  purposes  of  this  clause  and  clause  (xxvi),  “India”  includes  the  territorial 

waters of India; 

1. Ins. by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001). 

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(xxvi) “to export from India”, with its grammatical variations and cognate expressions, means to 

take out of India to a place outside India; 

(xxvii) “to export inter-State” means to take out of a State or Union territory in India to another 

State or Union territory in India; 

(xxviii) “to transport”  means  to  take  from  one  place to  another  within the  same  State  or  Union 

territory; 

1[(xxviiia) “use”, in relation to narcotic drugs and psychotropic substances, means any kind of use 

except personal consumption;] 

(xxix)  words  and  expressions  used  herein  and  not  defined  but  defined  in  the  Code  of  Criminal 

Procedure, 1973 (2 of 1974) have the meanings respectively assigned to them in that Code. 

Explanation.—For the purposes of clauses (v), (vi), (xv) and (xvi) the percentages in the case of liquid 
preparations  shall  be  calculated  on  the  basis  that  a  preparation  containing  one  per  cent.  of  a  substance 
means a preparation in which one gram of substance, if solid, or one mililitre of substance, if liquid, is 
contained in every one hundred mililitre of the preparation and so on in proportion for any greater or less 
percentage: 

Provided that the Central Government may, having regard to the developments in the field of methods 
of calculating percentages in liquid preparations prescribe, by rules, any other basis which it may deem 
appropriate for such calculation. 

3. Power to add to or omit from the list of psychotropic substances.—The Central Government 

may, if satisfied that it is necessary or expedient so to do on the basis of— 

(a) 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 any salt or preparation of such substance or material; and 

(b)  the  modifications  or  provisions  (if  any)  which  have  been  made  to,  or  in,  any  International 
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. 

CHAPTER II 

AUTHORITIES AND OFFICERS 

4.  Central  Government  to  take  measures  for  preventing  and  combating  abuse  of  and  illicit 
traffic in narcotic drugs, etc.—(1) Subject to the provisions of this Act, the Central Government shall 
take all such measures as it deems necessary or expedient for the  purpose of preventing and combating 
abuse of narcotic drugs and psychotropic substances and the illicit traffic therein  2[and for ensuring their 
medical and scientific use]. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  provisions  of  sub-section  (1),  the 
measures which the Central Government may take under that sub-section include measures with respect 
to all or any of the following matters, namely:— 

(a) coordination of actions by various officers, State Governments and other authorities— 

(i) under this Act, or 

(ii) under any other law for the time being in force in connection with the enforcement of the 

provisions of this Act; 

(b) obligations under the International Conventions; 

1. Ins. by Act 2 of 1989, s. 3 (w.e.f. 29-5-1989). 
2. Ins. by Act 16 of 2014, s. 3 (w.e.f. 1-5-2014). 

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(c)  assistance  to  the  concerned  authorities  in  foreign  countries  and  concerned  international 
organisations  with  a  view  to  facilitating  coordination  and  universal  action  for  prevention  and 
suppression of illicit traffic in narcotic drugs and psychotropic substances; 

(d)  identification,  treatment,  education,  after  care,  rehabilitation  and  social  re-integration  of 

addicts; 

1[(da) availability of narcotic drugs and psychotropic substances for medical and scientific use;] 

(e) such other matters as the Central Government deems necessary or expedient for the purpose of 
securing the effective implementation of the provisions of this Act and preventing and combating the 
abuse of narcotic drugs and psychotropic substances and illicit traffic therein. 

(3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of 
this Act, 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 in sub-section (2) 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. 

5. Officers of Central Government.—(1) Without prejudice to the provisions of sub-section (3) of 
section  4,  the  Central  Government  shall  appoint  a  Narcotics  Commissioner  and  may  also  appoint  such 
other officers with such designations as it thinks fit for the purposes of this Act. 

(2)  The  Narcotics  Commissioner  shall,  either  by  himself  or  through  officers  subordinate  to  him, 
exercise  all  powers  and  perform  all  functions  relating  to  the  superintendence  of  the  cultivation  of  the 
opium  poppy  and  production  of  opium  and  shall  also  exercise  and  perform  such  other  powers  and 
functions as may be entrusted to him by the Central Government. 

(3) The officers appointed under sub-section (1) shall be subject to the general control and direction 
of the Central Government, or, if so directed by that Government, also of the Board or any other authority 
or officer. 

6. The Narcotic Drugs and Psychotropie Substances Consultative Committee.—(1) The Central 
Government  may constitute, by notification in the Official Gazette, an advisory committee to be called 
“The  Narcotic  Drugs  and  Psychotropic  Substances  Consultative  Committee”  (hereafter  in  this  section 
referred  to  as  the  Committee)  to  advise  the  Central  Government  on  such  matters  relating  to  the 
administration of this Act as are referred to it by that Government from time to time. 

(2)  The  Committee  shall  consist  of  a  Chairman  and  such  other  members,  not  exceeding  twenty,  as 

may be appointed by the Central Government. 

(3)  The  Committee  shall  meet  when  required  to  do  so  by  the  Central  Government  and  shall  have 

power to regulate its own procedure. 

(4)  The  Committee  may,  if  it  deems  it  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. 

(5) The term of office of, the manner of filling casual vacancies in the offices of and the allowances, 
if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions 
subject  to  which  the  Committee  may  appoint  a  person  who  is  not  a  member  of  the  Committee  as  a 
member of any of its sub-committees, shall be such as may be prescribed by rules  made by the Central 
Government. 

 7. Officers of State Government.—(1) The State Government may appoint such officers with such 

designations as it thinks fit for the purposes of this Act. 

1. Ins. by Act 16 of 2014, s. 3 (w.e.f. 1-5-2014). 

10 

 
                                                           
(2) The officers appointed under sub-section (1) shall be subject to the general control and direction 

of the State Government, or, if so directed by that Government, also of any other authority or officer. 

1[CHAPTER IIA 

NATIONAL FUND FOR CONTROL OF DRUG ABUSE 

7A. National Fund for Control of Drug Abuse.—(1) The Central Government may, by notification 
in  the  Official  Gazette,  constitute  a  Fund  to  be  called  the  National  Fund  for  Control  of  Drug  Abuse 
(hereafter in this Chapter referred to as the Fund) and there shall be credited thereto— 

(a) an amount which the Central Government may, after due  appropriation made by Parliament 

by law in this behalf, provide; 

(b) the sale proceeds of any property forfeited under Chapter VA; 

(c) any grants that may be made by any person or institution; 

(d)  any  income  from  investment  of  the  amounts  credited  to  the  Fund  under  the  aforesaid 

provisions. 

2[(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; 

(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.] 

(4) The Governing Body shall consist of a Chairman (not below the rank of an Additional Secretary 
to the Central Government) and such other members not exceeding six as the Central Government may 
appoint. 

(5) The Governing Body shall have the power to regulate its own procedure. 

7B. Annual report of activities financed under the Fund.—The Central Government shall, as soon 
as  may  be,  after  the  end  of  each  financial  year,  cause  to  be  published  in  the  Official  Gazette,  a  report 
giving  an  account  of the  activities financed  under section  7A during  the  financial  year, together  with  a 
statement of accounts.] 

CHAPTER III 

PROHIBITION, CONTROL AND REGULATION 

8. Prohibition of certain operations.—No person shall— 

(a) cultivate any coca plant or gather any portion of coca plant; or 

(b) cultivate the opium poppy or any cannabis plant; or 

(c)  produce,  manufacture,  possess,  sell,  purchase,  transport,  warehouse,  use,  consume,  import 
inter-State,  export  inter-State,  import into  India,  export  from  India  or  tranship  any  narcotic  drug  or 
psychotropic substance,  

1. Ins. by Act 2 of 1989, s. 4 (w.e.f. 29-5-1989). 
2. Subs. by Act 9 of 2001, s. 4, for sub-sections (2) and (3) (w.e.f. 2-10-2001). 

11 

 
                                                           
except for medical or scientific purposes and in the manner and to the extent provided by the provisions 
of this Act or the rules or orders made thereunder and in a case where any such provision, imposes any 
requirement by way of licence, permit or authorisation also in accordance with the terms and conditions 
of such licence, permit or authorisation: 

Provided  that,  and  subject  to  the  other  provisions  of  this  Act  and  the  rules  made  thereunder,  the 
prohibition  against  the  cultivation  of  the  cannabis  plant  for  the  production  of  ganja  or  the  production, 
possession,  use,  consumption,  purchase,  sale,  transport,  warehousing,  import  inter-State  and  export  
inter-State of ganja for any purpose other than medical and scientific purpose shall take effect only from 
the date which the Central Government may, by notification in the Official Gazette, specify in this behalf: 

1[Provided further that nothing in this section shall apply to the export of poppy straw for decorative 

purposes.] 

2[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.] 

9. Power of Central Government to permit, control and regulate.—(1) Subject to the provisions 

of section 8, the Central Government may, by rules— 

(a) permit and regulate— 

(i)  the  cultivation,  or  gathering  of  any  portion  (such  cultivation  or  gathering  being  only  on 
account of the Central Government) of coca plant, or the production, possession, sale, purchase, 
transport, import inter-State, export inter-State, use or consumption of coca leaves; 

(ii)  the  cultivation  (such  cultivation  being  only  on  account  of  Central  Government)  of  the 

opium poppy; 

(iii) the production and manufacture of opium and production of poppy straw; 

3[(iiia)  the  possession,  transport,  import  inter-State,  export  inter-State,  warehousing,  sale, 
purchase,  consumption  and  use  of  poppy  straw  produced  from  plants  from  which  no  juice  has 
been extracted through lancing;] 

(iv)  the  sale  of  opium  and  opium  derivatives  from  the  Central  Government  factories  for 

export from India or sale to State Government or to manufacturing chemists; 

(v)  the  manufacture  of  manufactured  drugs  (other  than  prepared  opium)  but  not  including 
manufacture  of  medicinal  opium  or  any  preparation  containing  any  manufactured  drug  from 
materials which the maker is lawfully entitled to possess; 

3[(va)  the  manufacture,  possession,  transport,  import  inter-State,  export  inter-State,  sale, 

purchase, consumption and use of essential narcotic drugs: 

Provided  that  where,  in  respect  of  an  essential  narcotic  drug,  the  State  Government  has 
granted  licence  or  permit  under  the  provisions  of  section  10  prior  to  the  commencement  of  

1. Ins. by Act 2 of 1989, s. 5 (w.e.f. 29-5-1989). 
2. Ins. by Act 9 of 2001, s. 5 (w.e.f. 2-10-2001). 
3. Ins. by Act 16 of 2014, s. 4 (w.e.f. 1-5-2014). 

12 

 
                                                           
the  Narcotic  Drugs  and  Psychotropic  Substances  (Amendment)  Act,  2014  (16  of  2014),  such 
licence  or  permit  shall  continue  to  be  valid  till  the  date  of  its  expiry  or  for  a  period  of  twelve 
months from such commencement, whichever is earlier.] 

(vi)  the  manufacture,  possession,  transport,  import  inter-State,  export  inter-State,  sale, 

purchase, consumption or use of psychotropic substances; 

(vii)  the  import  into  India  and  export  from  India  and  transhipment  of  narcotic  drugs  and 

psychotropic substances; 

(b) prescribe any other matter requisite to render effective the control of the Central Government 

over any of the matters specified in clause (a). 

(2) In particular and without prejudice to the generality of the foregoing power, such rules may— 

(a) empower  the  Central Government  to fix  from  time  to  time  the limits  within  which  licences 

may be given for the cultivation of the opium poppy; 

(b) require that all opium, the produce of land cultivated with the opium poppy, shall be delivered 

by the cultivators to the officers authorised in this behalf by the Central Government; 

(c)  prescribe  the  forms  and  conditions  of  licences  for  cultivation  of  the  opium  poppy  and  for 
production and manufacture of opium; the fees that may be charged therefor; the authorities by which 
such licences may be granted, withheld, refused or cancelled and the authorities before which appeals 
against the orders of withholding, refusal or cancellation of licences shall lie; 

(d) prescribe that opium shall be weighed, examined and classified according to its quality and 
consistence by the officers authorised in this behalf by the Central Government in the presence of the 
cultivator at the time of delivery by the cultivator; 

(e)  empower  the  Central  Government  to  fix  from  time  to  time  the  price  to  be  paid  to  the 

cultivators for the opium delivered; 

(f)  provide  for  the  weighment,  examination  and  classification,  according  to  the  quality  and 
consistence, of the opium received at the factory and the deductions from or additions (if any) to the 
standard price to be made in accordance with the result of such examination; and the authorities by 
which  the  decisions  with  regard  to  the  weighment,  examination,  classification,  deductions  or 
additions shall be made and the authorities before which appeals against such decisions shall lie; 

(g) require that opium delivered by a cultivator, if found as a result of examination in the Central 

Government factory to be adulterated, may be confiscated by the officers authorised in this behalf; 

(h) prescribe the forms and conditions of licences for the manufacture of manufactured drugs, the 

authorities by which such licences may be granted and the fees that may be charged therefor; 

1[(ha) prescribe the forms and conditions of licences or permits for the manufacture, possession, 
transport,  import  inter-State,  export  inter-State,  sale,  purchase,  consumption  or  use  of  essential 
narcotic drugs, the authorities by which such licence or permit may be granted and the fees that may 
be charged therefor;] 

(i)  prescribe  the  forms  and  conditions  of  licences  or  permits  for  the  manufacture,  possession, 
transport,  import  inter-State,  export  inter-State,  sale,  purchase,  consumption  or  use  of  psychotropic 
substances, the authorities by which such licences or permits may be granted and the fees that may be 
charged therefor; 

(j)  prescribe  the  ports  and  other  places  at  which  any  kind  of  narcotic  drugs  or  psychotropic 
substances  may  be  imported  into  India  or  exported  from  India  or  transhipped;  the  forms  and 
conditions  of  certificates,  authorisations  or  permits,  as  the  case  may  be,  for  such  import,  export  or 
transhipment; the authorities by which such certificates, authorisations or permits may be granted and 
the fees that may be charged therefor. 

1. Ins. by Act 16 of 2014, s. 4 (w.e.f. 1-5-2014). 

13 

 
                                                           
1[9A. Power to control and regulate controlled substances.—(1) If the Central Government is of 
the opinion that, having regard to the use of any controlled substance in the production or manufacture of 
any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it 
may, by order, provide for regulating or prohibiting the production, manufacture, supply and distribution 
thereof and trade and commerce therein. 

(2)  Without  prejudice  to  the  generality  of  the  power  conferred  by  sub-section  (1),  an  order  made 
thereunder  may  provide  for  regulating  by  licences,  permits  or  otherwise,  the  production,  manufacture, 
possession,  transport,  import  inter-State,  export  inter-State,  sale,  purchase,  consumption,  use,  storage, 
distribution, disposal or acquisition of any controlled substance.] 

10. Power of State Government to permit, control and regulate.—(1) Subject to the provisions of 

section 8, the State Government may, by rules— 

(a) permit and regulate— 

(i)  the  possession,  transport,  import  inter-State,  export  inter-State,  warehousing,  sale, 
purchase, consumption and use of poppy straw 2[except poppy straw produced from plants from 
which no juice has been extracted through lancing]; 

(ii)  the  possession,  transport,  import  inter-State,  export  inter-State,  sale,  purchase, 

consumption and use of opium; 

(iii)  the  cultivation  of  any  cannabis  plant,  production,  manufacture,  possession,  transport, 
import inter-State, export inter-State, sale, purchase, consumption or use  of cannabis (excluding 
charas); 

(iv)  the  manufacture  of  medicinal  opium  or  any  preparation  containing  any  manufactured 

drug from materials which the maker is lawfully entitled to possess; 

(v)  the  possession,  transport,  purchase,  sale,  import  inter-State,  export  inter-State,  use  or 
consumption of  3[manufactured drugs (other than prepared opium and essential narcotic drugs)] 
and of coca leaf and any preparation containing any manufactured drug; 

(vi) the manufacture and possession of prepared opium from opium lawfully possessed by an 

addict registered with the State Government on medical advice for his personal consumption: 

Provided that save in so far as may be expressly provided in the rules made under sub-clauses (iv) 
and  (v),  nothing  in  section  8  shall  apply  to  the  import  inter-State,  export  inter-State,  transport, 
possession, purchase, sale, use or consumption of manufactured drugs which are the property and in 
the possession of the Government:  

Provided further that such drugs as are referred to in the preceding proviso shall not be sold or 
otherwise  delivered  to  any  person  who,  under  the  rules  made  by  the  State  Government  under  the 
aforesaid sub-clauses, is not entitled to their possession; 

(b)  prescribe  any  other  matter requisite  to render  effective the control  of  the  State  Government 

over any of the matters specified in clause (a). 

(2) In particular and without prejudice to the generality of the foregoing power, such rules may— 

(a) empower the State Government to declare any place to be a warehouse wherein it shall be the 
duty of the owners to deposit all such poppy straw as is legally imported inter-State and is intended 
for  export  inter-State  or  export  from  India;  to  regulate  the  safe  custody  of  such  poppy  straw 
warehoused and the removal of such poppy straw for sale or export inter-State or export from India; 
to levy fees for such warehousing and to prescribe the manner in which and the period after which the 
poppy straw warehoused shall be disposed of in default of payment of fees; 

1. Ins. by Act 2 of 1989, s. 6 (w.e.f. 29-5-1989).  
2. Ins. by Act 16 of 2014, s. 5 (w.e.f. 1-5-2014). 
3. Subs. by s. 5, ibid., for “manufactured drugs other than prepared opium” (w.e.f. 1-5-2014). 

14 

 
                                                           
(b) provide that the limits within which licences may be given for the cultivation of any cannabis 

plant shall be fixed from time to time by or under the orders of the State Government;  

(c) provide that only the cultivators licenced by the prescribed authority of the State Government 

shall be authorised to engage in cultivation of any cannabis plant; 

(d) require that all cannabis, the produce of land cultivated with cannabis plant, shall be delivered 

by the cultivators to the officers of the State Government authorised in this behalf; 

(e) empower the State Government to fix from time to time, the price to be paid to the cultivators 

for the cannabis delivered; 

(f)  prescribe  the  forms  and  conditions  of  licences  or  permits  for  the  purposes  specified  in  
sub-clauses (i) to (vi) of clause (a) of sub-section (1) and the authorities by which such licences or 
permits may be granted and the fees that may be charged therefor. 

11.  Narcotic  drugs  and  psychotropic  substances,  etc.,  not  liable  to  distress  or  attachment.— 
Notwithstanding anything to the contrary contained in any law or contract, no narcotic drug, psychotropic 
substance, coca plant, the opium poppy or cannabis plant shall be liable to be distrained or attached by 
any  person  for  the  recovery  of  any  money  under  any  order  or  decree  of  any  court  or  authority  or 
otherwise. 

12.  Restrictions  over  external  dealings  in  narcotic  drugs  and  psychotropic  substances.—No 
person shall engage in or control any trade whereby a narcotic drug or psychotropic substance is obtained 
outside India and supplied to any person outside India save with the previous authorisation of the Central 
Government and subject to such conditions as may be imposed by that Government in this behalf. 

13.  Special  provisions  relating  to  coca  plant  and  coca  leaves  for  use  in  the  preparation  of 
flavouring  agent.—Notwithstanding  anything  contained  in  section  8,  the  Central  Government  may 
permit,  with  or  without  conditions,  and  on  behalf  of  Government,  the  cultivation  of  any  coca  plant  or 
gathering  of  any  portion  thereof  or  the  production,  possession,  sale,  purchase,  transport,  import  inter-
State, export inter-State or import into India of coca leaves for use in the preparation of any flavouring 
agent which shall not contain any alkaloid and to the extent necessary for such use. 

14.  Special  provision  relating  to  cannabis.—Notwithstanding  anything  contained  in  section  8, 
Government may, by general or special order and subject to such conditions as may be specified in such 
order, allow cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for 
horticultural purposes. 

CHAPTER IV 

OFFENCES AND PENALTIES 

1[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  licence  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 2[one year], 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: 

1. Subs. by Act 9 of 2001, s. 6, for sections 15 to 18 (w.e.f. 2-10-2001). 
2. Subs. by Act 16 of 2014, s. 6, for “six months” (w.e.f. 1-5-2014). 

15 

 
                                                           
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  licence  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 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  licence  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 1[one year], 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  licence  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 2[one year], 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.] 

19.  Punishment  for  embezzlement  of  opium  by  cultivator.—Any  cultivator  licensed  to  cultivate 
the opium poppy on account of the Central Government who embezzles or otherwise illegally disposes of 
the opium produced or any part thereof, 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: 

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

lakh rupees. 

20.  Punishment  for  contravention  in  relation  to  cannabis  plant  and  cannabis.—Whoever,  in 
contravention  of  any  provision  of  this  Act  or  any  rule  or  order  made  or  condition  of  licence  granted 
thereunder,— 

(a) cultivates any cannabis plant; or 

1. Subs. by Act 16 of 2014, s. 7, for “six months” (w.e.f. 1-5-2014). 
2. Subs. by s. 8, ibid., for “six months” (w.e.f. 1-5-2014). 

16 

 
                                                           
(b)  produces,  manufactures,  possesses,  sells,  purchases,  transports,  imports  inter-State,  exports 

inter-State or uses cannabis, 

shall be punishable,— 

1[(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 2[one year], 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 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.] 

3[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 licence 
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 4[one year], 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  substances.—Whoever,  in 
contravention  of  any  provision  of  this  Act  or  any  rule  or  order  made  or  condition  of  licence  granted 
thereunder,  manufactures,  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 5[one year], 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; 

1. Subs. by Act 9 of 2001, s. 7, for sub-clauses (i) and (ii) (w.e.f. 2-10-2001). 
2. Subs. by Act 16 of 2014, s. 9, for “six months” (w.e.f. 1-5-2014). 
3. Subs. by Act 9 of 2001, s. 8, for sections 21 to 23 (w.e.f. 2-10-2001). 
4. Subs. by Act 16 of 2014, s. 10, for “six months” (w.e.f. 1-5-2014). 
5. Subs. by s. 11, ibid., for “six months” (w.e.f. 1-5-2014). 

17 

 
                                                           
(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  licence  or  permit  granted  or  certificate  or  authorisation  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 1[one year], 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.]  

24.  Punishment  for  external  dealings  in  narcotic  drugs  and  psychotropic  substances  in 
contravention of section 12.—Whoever engages in or controls any trade whereby a narcotic drug or a 
psychotropic  substance  is  obtained  outside  India  and  supplied  to  any  person  outside  India  without  the 
previous authorisation of the Central Government or otherwise than in accordance with the condition (if 
any) of such authorisation granted under section 12, 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 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. 

2[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.]  

3[25A.  Punishment  for  contravention  of  orders  made  under  section  9A.—If  any  person 
contravenes  an  order  made  under  section  9A,  he  shall  be  punishable  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: 

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding one 

lakh rupees.]  

26. Punishment for certain acts by licensee or his servants.—If the holder of any licence, permit or 
authorisation granted under this Act or any rule or order made thereunder or any person in his employ and 
acting on his behalf— 

(a)  omits,  without  any  reasonable  cause,  to  maintain  accounts  or  to  submit  any  return  in 

accordance with the provisions of this Act, or any rule made thereunder; 

1. Subs. by Act 16 of 2014, s. 12, for “six months” (w.e.f. 1-5-2014). 
2. Subs. by Act 9 of 2001, s. 9, for section 25 (w.e.f. 2-10-2001). 
3. Ins. by Act 2 of 1989, s. 7 (w.e.f. 29-5-1989). 

18 

 
                                                           
(b) fails to produce without any reasonable cause such licence, permit or authorisation on demand 

of any officer authorised by the Central Government or State Government in this behalf; 

(c) keeps any accounts or makes any statement which is false or which he knows or has reason to 

believe to be incorrect; or  

(d) wilfully and knowingly does any act in breach of any of the conditions of licence, permit or 

authorisation for which a penalty is not prescribed elsewhere in this Act, 

he shall be punishable with imprisonment for a term which may extend to three years or with fine or with 
both. 

1[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.]  
2[27A. Punishment for financing illicit traffic and harbouring offenders.—Whoever indulges in 
financing, directly or indirectly, any, of the activities specified in sub-clauses (i) to (v) of 3[clause (viiib) 
of section 2] or harbours any person engaged in any of the aforementioned activities, 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: 

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

lakh rupees.] 

4[27B.  Punishment  for  contravention  of  section  8A.—Whoever  contravenes  the  provision  of 
section 8A shall be punishable with rigorous imprisonment for a term which shall not be less than three 
years but which may extend to ten years and shall also be liable to fine.] 

28.  Punishment  for  attempts  to  commit  offences.—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. 

29.  Punishment  for  abetment  and  criminal  conspiracy.—(1)  Whoever  abets,  or  is  a  party  to  a 
criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be 
or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and 
notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable 
with the punishment provided for the offence. 

(2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of 
this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a 
place without and beyond India which— 

(a) would constitute an offence if committed within India; or 

(b)  under  the  laws  of  such  place,  is  an  offence  relating  to  narcotic  drugs  or  psychotropic 
substances  having  all  the  legal  conditions  required  to  constitute  it  such  an  offence  the  same  as  or 
analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if 
committed within India.  

1. Subs. by Act 9 of 2001, s. 10, for section 27 (w.e.f. 2-10-2001). 
2. Ins. by Act 2 of 1989, s. 8 (w.e.f. 29-5-1989). 
3. Subs. by Act 48 of 2021, s. 2, for “clause (viiia) of section 2” (w.e.f. 1-5-2014). 
4. Ins. by Act 16 of 2014, s. 13 (w.e.f. 1-5-2014). 

19 

 
                                                           
30. Preparation.—If any person makes preparation to do or omits to do anything which constitutes 
an  offence  punishable  under  any  of  the  provisions  of    1[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] it may be reasonably inferred that he was determined to carry out his intention 
to  commit  the  offence  but  had  been  prevented  by  circumstances  independent  of  his  will,  he  shall  be 
punishable with rigorous imprisonment for a term which shall not be less than one-half of the minimum 
term (if any), but which may extend to one-half of the maximum term, of imprisonment with which he 
would have been punishable in the event of his having committed such offence, and also with fine which 
shall not be less than one-half of the minimum amount (if any), of fine with which he would have been 
punishable, but which may extend to one-half of the maximum amount of fine with which he would have 
ordinarily (that is to say in the absence of special reasons) been punishable, in the event aforesaid:  

Provided that the court may, for reasons to be recorded in the Judgment, impose a higher fine. 

2[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  3[one and one-half times  of the  maximum 
term] of imprisonment, and also be liable to fine which shall extend to  4[one and one-half times 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  
5[one  and  one-half  times  of  the  minimum  term]  of  imprisonment  and  6[one  and  one-half  times  of  the 
minimum amount] 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. 

(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.] 

7[31A.  Death  penalty  for  certain  offences  after  previous  conviction.—(1)  Notwithstanding 
anything contained in section 31, 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 
8[section 19, section 24, section 27A and for offences involving commercial quantity of any narcotic drug 
or  psychotropic  substance],  is  subsequently  convicted  of  the  commission  of,  or  attempt  to  commit,  or 
abetment of, or criminal conspiracy to commit, an offence relating to,— 

(a) engaging in the production, manufacture, possession, transportation, import into India, export 
from  India  or  transhipment,  of  the  narcotic  drugs  or  psychotropic  substances  specified  under  

1. Subs. by Act 9 of 2001, s. 11, for certain words, figures and brackets (w.e.f. 2-10-2001). 
2. Subs. by s. 12, ibid., for section 31 (w.e.f. 2-10-2001). 
3. Subs. by Act 16 of 2014, s. 14, for “one-half of the maximum term” (w.e.f. 1-5-2014). 
4. Subs. by s. 14, ibid., for “one-half of the maximum amount” (w.e.f. 1-5-2014). 
5. Subs. by s. 14, ibid., for “one-half of the minimum term” (w.e.f. 1-5-2014). 
6. Subs. by s. 14, ibid., for “one-half of the minimum amount” (w.e.f. 1-5-2014). 
7. Ins. by Act 2 of 1989, s. 9 (w.e.f. 29-5-1989). 
8. Subs. by Act 9 of 2001, s. 13, for “section 15 to section 25 (both inclusive) or section 27A” (w.e.f. 2-10-2001). 

20 

 
 
 
                                                           
column  (1)  of  the  Table  below  and  involving  the  quantity  which  is  equal  to  or  more  than  the  quantity 
indicated against each such drug or substance, as specified in column (2) of the said Table: 

TABLE 

Particulars of narcotic drugs/psychotropic substances 

Quantity 

(1) 

(2) 

(i) 

Opium              .        .         .       .       .       .      .      .       .      . 

10 kgs. 

(ii)  Morphine         .        .         .       .       .       .      .      .       .      . 

(iii)  Heroin             .        .         .       .       .       .      .      .       .      . 

(iv)  Codeine           .        .         .       .       .       .      .      .       .      . 

(v) 

Thebaine         .        .         .       .       .       .      .      .       .      . 

1 kg. 

1 kg. 

1 kg. 

1 kg. 

(vi)  Cocaine           .        .         .       .       .       .      .      .       .      . 

500 grams 

(vii)  Hashish           .        .         .       .       .       .      .      .       .      . 

20 kgs. 

(viii)  Any  mixture  with  or  without  any  neutral  material  of  any  of  the 

above drugs 

1[lesser  of  the  quantity 
between  the  quantities 
given 
the 
against 
narcotic 
respective 
drugs  or  psychotropic 
substances  mentioned 
above  forming  part  of 
the mixture] 

(ix) 

(x) 

LSD,  LSD-25  (+)  -  N,  N-Diethyllyser  gamide  (d-lysergic  acid 
diethylamide) 

500 grams 

THC  (Tetrahydrocannabinols,  the  following  Isomers:  6a  (10a),  
6a (7),7,8,9,10,9 (11) and their stereochemical variants) 

500 grams 

(xi)  Methamphetamine(+ )-2-Methylamine-l-Phenylpropane 

(xii)  Methaqualone (2-Methyl-3-0-tolyl-4-(3h—)quinazolinone) 

(xiii)  Amphetamine (+)-2-amino-1-phenylpropane 

1,500 gram 

1,500 gram 

1,500 gram 

(xiv)  Salts and preparations of the psychotropic substances mentioned in 

1,500 gram; 

(ix) to (xiii) 

 (b) financing, directly or indirectly, any of the activities specified in clause (a), 

2[shall be punished with punishment which shall not be less than the punishment specified in section 31 or 
with death].  

(2) Where any person is convicted by a competent court of criminal jurisdiction outside India under 
any  law  corresponding  to  the  provisions  of  3[section  19,  section  24  or  section  27A  and  for  offences 
involving commercial quality of any narcotic drug or psychotropic substance], such person, in respect of 
such conviction, shall be dealt with for the purposes of sub-section (1) as if he had been convicted by a 
court in India.] 

32.  Punishment  for  offence  for  which  no  punishment  is  provided.—Whoever  contravenes  any 

provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation  

1. Subs. by Act 9 of 2001, s. 13, for “1,500 grams” (w.e.f. 2-10-2001). 
2. Subs. by Act 16 of 2014, s. 15, for “shall be punishable with death” (w.e.f. 1-5-2014). 
3. Subs. by Act 9 of 2001, s. 13, for certain words, figures and brackets (w.e.f. 2-10-2001). 

21 

 
 
                                                           
issued  thereunder  for  which  no  punishment  is  separately  provided  in  this  Chapter,  shall  be  punishable 
with imprisonment for a term which may extend to six months, or with fine, or with both.  

1[32A.  No  suspension,  remission  or  commutation  in  any  sentence  awarded  under  this  Act.— 
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other 
law for the time being in force but subject to the provisions of section 33, no sentence awarded under this 
Act (other than section 27) shall be suspended or remitted or commuted.]  

2[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.] 

33. Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of 
Offenders Act, 1958.—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  eighteen  years  of  age  or  that  the  offence  for  which 
such person is convicted is punishable under section 26 or section 27. 

34. Security for abstaining from commission of offence.—(1) Whenever any person is convicted of 
an offence punishable under any provision of Chapter IV and the court convicting him is of opinion that it 
is necessary to require such person to execute a bond for abstaining from the commission of any offence 
under this Act, the court may, at the time of passing sentence on such person, order him to execute a bond 
for  a  sum  proportionate  to  his  means,  with  or  without  sureties,  for  abstaining  from  commission  of  any 
offence under Chapter IV during such period not exceeding three years as it thinks fit to fix. 

(2)  The  bond  shall  be  in  such  form  as  may  be  prescribed  by  the  Central  Government  and  the 
provisions of the Code of Criminal Procedure, 1973 (2 of 1974), 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 106 of that Code. 

(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. 

(4)  An  order  under  this  section  may  also  be  made  by  an  appellate  court  or  by  the  High  Court  or 

Sessions Judge when exercising the powers of revision. 

35.  Presumption  of  culpable  mental  state.—(1)  In  any  prosecution  for  an  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 defence 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. 

1. Ins. by Act 2 of 1989, s. 10 (w.e.f. 29-5-1989). 
2. Ins. by Act 9 of 2001, s. 14 (w.e.f. 2-10-2001). 

22 

 
                                                           
Explanation.—In this section “culpable mental state” includes intention motive, knowledge of a fact 

and belief in, or reason to believe, a fact. 

(2) For the purpose of this section , a fact is said to be proved only when the court believes it to exist 
beyond  a  reasonable  doubt  and  not  merely  when  its  existence  is  established  by  a  preponderance  of 
probability. 

1[36.  Constitution  of  Special  Court.—(1)  The  Government  may,  for  the  purpose  of  providing 
speedy  trial  of  the  offences  under  this  Act,  by  notification  in  the  Official  Gazette,  constitute  as  many 
Special Court as may be necessary for such area or areas as may be specified in the notification. 

(2) A Special Court shall consist of a single Judge who shall be appointed by the Government with 

the concurrence of the Chief Justice of the High Court. 

Explanation.—In  this  sub-section,  “High  Court”  means  the  High  Court  of  the  State  in  which  the 
Sessions Judge or the Additional Sessions Judge of a Special Court was working immediately before his 
appointment as such Judge. 

(3)  A  person  shall  not  be  qualified  for  appointment  as  a  Judge  of  a  Special  Court  unless  he  is, 

immediately before such appointment, a Sessions Judge or an Additional Sessions Judge. 

2[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 authorised 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 
authorised in his 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. 

1. Subs. by Act 2 of 1989, s. 11, for section 36 (w.e.f. 29-5-1989). 
2. Subs. by Act 9 of 2001, s. 15, for section 36A (w.e.f. 2-10-2001). 

23 

 
                                                           
(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 cluase (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.] 

36B.  Appeal  and  revision.—The  High  Court  may  exercise,  so  for  as  may  be  applicable,  all  the 
powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974) on a 
High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court 
of Session trying cases within the local limits of the jurisdiction of the High Court. 

36C. Application of Code to proceedings before a Special Court.—Save as otherwise provided in 
this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), (including the provisions as 
to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said 
provisions,  the  Special  Court  shall  be  deemed  to  be  a  Court  of  Session  and  the  person  conducting  a 
prosecution before a Special Court, shall be deemed to be a Public Prosecutor. 

1[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).] 

2[37. Offences to be cognizable and non-bailable.—(1) Notwithstanding anything contained in the 

Code of Criminal Procedure, 1973 (2 of 1974),— 

(a) every offence punishable under this Act shall be cognizable; 

(b) no person accused of an offence punishable for  3[offences under section 19 or section 24 or 
section 27A and also for offences involving commercial quantity] shall be released on bail or on his 
own bond unless— 

(i)  the  Public  Prosecutor  has  been  given  an  opportunity  to  oppose  the  application  for  such 

release, and 

1. Subs. by Act 9 of 2001, s. 16, for section 36D (w.e.f. 2-10-2001). 
2. Subs. by Act 2 of 1989, s. 12, for section 37 (w.e.f. 29-5-1989). 
3. Subs. by Act 9 of 2001, s. 17, for “a term of imprisonment of five years or more under this Act” (w.e.f. 2-10-2001). 

24 

 
                                                           
(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are 
reasonable grounds for believing that he is not guilty of such offence and that he is not likely to 
commit any offence while on bail. 

(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the 
limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in 
force on granting of bail.]. 

38.  Offences  by  companies.—(1)  Where  an  offence  under  Chapter  IV  has  been  committed  by  a 
company,  every  person,  who,  at  the  time  the  offence  was  committed  was  in  charge  of,  and  was 
responsible to, the company for the conduct of the business of the company as well as the company, shall 
be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment if he proves that the offence was committed without his knowledge or that he had exercised 
all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where any offence under Chapter IV has 
been committed by a company and it is proved that the offence has been committed with the consent or 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of 
that offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section,— 

(a) “company” means any body corporate and includes a firm or other association of individuals; 

and 

(b) “director”, in relation to a firm, means a partner in the firm. 

39. Power of court to release certain offenders on probation.—(1) When any addict is found guilty 
of an offence punishable under section 27 1[or for offences relating to small quantity of any narcotic drug 
or psychotropic substance] 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  recognised  by  Government  and  on  his  entering  into  a  bond  in  the  form 
prescribed  by  the  Central Government,  with  or  without  sureties,  to  appear  and  furnish  before  the  court 
within a period not exceeding one year, a report regarding the result of his medical treatment and, in the 
meantime, to abstain from the commission of any offence under Chapter IV.  

(2) If it appears to the court, having regard to the report regarding the result of the medical treatment 
furnished  under  sub-section  (1),  that  it  is  expedient  so  to  do,  the  court  may  direct  the  release  of  the 
offender  after  due  admonition  on  his  entering  into  a  bond  in  the  form  prescribed  by  the  Central 
Government,  with  or  without  sureties,  for  abstaining  from  the  commission  of  any  offence  under  
Chapter IV during such period not exceeding three years as the court may deem fit to specify or on his 
failure so to abstain, to appear before the court and receive sentence when called upon during such period. 

40. Power of court to publish names, place of business, etc., of certain offenders.—(1) Where any 
person  is  convicted  of  any  of  the  offences  punishable  under  section  15  to  section  25  (both  inclusive), 
section 28, section 29 or section 30, it shall be competent for the court convicting the person to cause the 
name  and  place  of  business  or  residence  of  such  person,  nature  of  the  contravention,  the  fact  that  the 
person has been so convicted and such other particulars as the court may consider to be appropriate in the 
circumstances of the case, to be published at the expense of such person in such newspapers or in such 
manner as the court may direct. 

1. Ins. by Act 9 of 2001, s. 18 (w.e.f. 2-10-2001). 

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(2)  No  publication  under  sub-section  (1)  shall  be  made  until  the  period  for  preferring  an  appeal 
against  the  orders  of  the  court  has  expired  without  any  appeal  having  been  preferred,  or  such  appeal, 
having been preferred, has been disposed of. 

(3)  The  expenses  of  any  publication  under  sub-section  (1)  shall  be  recoverable  from  the  convicted 

person as if it were a fine imposed by the court. 

CHAPTER V 

PROCEDURE 

1[41. Power to issue warrant and authorisation.—(l) 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 is 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 authorised 
the arrest or search or the officer who is so authorised 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 authorisation.—(l) Any such 
officer  (being  an  officer  superior  in  rank  to  a  peon,  sepoy  or  constable)  of  the  departments  of  central 
excise,  narcotics,  customs,  revenue  intellegence  or  any  other  department  of  the  Central  Government 
including para-military forces 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  or  special  order  of  the  State  Government,  if  he  has  reason  to 
believe from personal 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 sunset,— 

1. Subs. by Act 9 of 2001, s. 19, for sections 41 to 43 (w.e.f. 2-10-2001). 

26 

 
                                                           
(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) detain 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: 

1[Provided  that  in  respect  of  holder  of  a  licence  for  manufacture  of  manufactured  drugs  or 
psychotropic  substances  or  controlled  substances  granted  under  this  Act  or  any  rule  or  order  made 
thereunder, such power shall be exercised by an officer not below the rank of sub-inspector:  

Provided further that] if such officer has reason to believe that a search warrant or authorisation 
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.] 

44. Power of entry, search, seizure and arrest in offences relating to coca  plant, opium poppy 
and cannabis plant.—The provisions of sections 41, 42 and 43, shall so far as may be, apply in relation 
to the offence punishable under Chapter IV and relating to coca plant, the opium poppy or cannabis plant 
and  for  this  purpose  references  in  those  sections  to  narcotic  drugs,  or  psychotropic  substance  2[or 
controlled  substance],  shall  be  construed  as  including  references  to  coca  plant,  the  opium  poppy  and 
cannabis plant. 

45.  Procedure  where  seizure  of  goods  liable  to  confiscation  not  practicable.—Where  it  is  not 
practicable to seize any goods (including standing crop) which are liable to confiscation under this Act, 
any officer duly authorised under section 42 may serve on the owner or person in possession of the goods, 
an  order that  he shall  not  remove,  part  with  or  otherwise  deal  with the  goods except  with  the  previous 
permission of such officer. 

1. Subs. by Act 16 of 2014, s. 16, for “Provided that” (w.e.f. 1-5-2014). 
2. Ins. by Act 9 of 2001, s. 20 (w.e.f. 2-10-2001). 

27 

 
                                                           
46. Duty of land holder to give information of illegal cultivation.—Every holder of land shall give 
immediate information to any officer of the Police or of any of the departments mentioned in section 42 
of all the opium poppy, cannabis plant or coca plant which may be illegally cultivated within his land and 
every such holder of land who knowingly neglects to give such information, shall be liable to punishment. 

47.  Duty  of  certain  officers  to  give  information  of  illegal  cultivation.—Every  officer  of  the 
Government  and  every  panch,  sarpanch  and  other  village  officer  of  whatever  description  shall  give 
immediate information to any officer of the Police or of any of the departments mentioned in section 42 
when  it  may  come  to  his  knowledge  that  any  land  has  been  illegally  cultivated  with  the  opium  poppy, 
cannabis plant or coca plant, and every such officer of the Government, panch, sarpanch and other village 
officer who neglects to give such information shall be liable to punishment. 

48.  Power  of  attachment  of  crop  illegally  cultivated.—Any  Metropolitan  Magistrate,  Judicial 
Magistrate  of  the  first  class  or  any  Magistrate  specially  empowered  in  this  behalf  by  the  State 
Government  1[or  any  officer  of  a  gazetted  rank  empowered  under section  42]  may  order  attachment  of 
any  opium  poppy,  cannabis  plant  or  coca  plant  which  he  has  reason  to  believe  to  have  been  illegally 
cultivated and while doing so may pass such order (including an order to destroy the crop) as he thinks fit. 

49. Power to stop and search conveyance.—Any officer authorised under section 42, may, if he has 
reason to suspect that any animal or conveyance is, or is about to be, used for the transport of any narcotic 
drug  or  psychotropic  substance  2[or  controlled  substance],  in  respect  of  which  he  suspects  that  any 
provision of this Act has been, or is being, or is about to be, contravened at any time, stop such animal or 
conveyance, or, in the case of an aircraft, compel it to land and— 

(a) rummage and search the conveyance or part thereof; 

(b) examine and search any goods on the animal or in the conveyance; 

(c) if it becomes necessary to stop the animal or the conveyance, he may use all lawful means for 

stopping it, and where such means fail, the animal or the conveyance may be fired upon. 

50.  Conditions  under  which  search  of  persons  shall  be  conducted.—(1)  When  any  officer  duly 
authorised under section 42 is about to search any person under the provisions of section 41, section 42 or 
section  43,  he  shall,  if  such  person  so  requires,  take  such  person  without  unnecessary  delay  to  nearest 
Gazetted Officer of any of the departments mentioned in section 42 or to the nearest Magistrate. 

(2) If such requisition is made, the officer may detain the person until he can bring him before the 

Gazetted Officer or the Magistrate referred to in sub-section (1). 

(3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees 
no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be 
made. 

(4) No female shall be searched by anyone excepting a female. 

3[(5) When an officer duly authorised 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 section100 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.] 

1. Ins. by Act 2 of 1989, s. 13 (w.e.f. 29-5-1989). 
2. Ins. by Act 9 of 2001, s. 21 (w.e.f. 2-10-2001). 
3. Ins. by s. 22, ibid. (w.e.f. 2-10-2001). 

28 

 
                                                           
1[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 authorised 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.] 

51. Provisions of the code of Criminal Procedure, 1973 to apply to warrants,  arrests, searches 
and seizures.—The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply, in so far 
as they are not inconsistent with the provisions of this Act, to all warrants issued and arrests, searches and 
seizures made under this Act. 

52.  Disposal  of  persons  arrested  and  articles  seized.—(1)  Any  officer  arresting  a  person  under 
section 41, section 42, section 43 or section 44 shall, as soon as may be, inform him  of the grounds for 
such arrest. 

(2) Every person arrested and article seized under warrant issued under sub-section (1) of section 41 

shall be forwarded without unnecessary delay to the Magistrate by whom the warrant was issued. 

(3) Every person arrested and article seized under sub-section (2) of section 41, section 42, section 43 

or section 44 shall be forwarded without unnecessary delay to— 

(a) the officer-in-charge of the nearest police station, or 

(b) the officer empowered under section 53. 

(4)  The  authority  or  officer  to  whom  any  person  or  article  is  forwarded  under  sub-section  (2)  or  
sub-section  (3)  shall,  with  all  convenient  despatch,  take  such  measures  as  may  be  necessary  for  the 
disposal according to law of such person or article. 

2[52A.  Disposal  of  seized  narcotic  drugs  and  psychotropic  substances.—3[(1)  The  Central 
Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of 
proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic 
substances,  controlled  substances  or  conveyances,  by  notification  in  the  Official  Gazette,  specify  such 
narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, 
class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as 
may be after their seizure, be disposed of by such officer and in such manner as that Government may, 
from time to time, determine after following the procedure hereinafter specified.] 

(2) Where any  4[narcotic drugs, psychotropic substances, controlled substances or conveyances] has 
been  seized  and  forwarded  to  the  officer-in-charge  of  the  nearest  police  station  or  to  the  officer 
empowered under section 53, the officer referred to in sub-section (1) shall prepare an inventory of such 
4[narcotic drugs, psychotropic substances, controlled substances or conveyances] containing such details 
relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying 
particulars of the 4[narcotic drugs, psychotropic substances, controlled substances or conveyances] or the 
packing  in  which  they  are  packed,  country  of  origin  and  other  particulars  as  the  officer  referred  to  in  
sub-section  (1)  may  consider  relevant  to  the  identity  of  the  4[narcotic  drugs,  psychotropic  substances, 
controlled substances or conveyances] in any proceedings under this Act and make an application, to any 
Magistrate for the purpose of— 

(a) certifying the correctness of the inventory so prepared; or 
(b)  taking,  in  the  presence  of  such  magistrate,  photographs  of  5[such  drugs,  substances  or 

conveyances] and certifying such photographs as true; or 

1. Ins. by Act 9 of 2001, s. 23 (w.e.f. 2-10-2001). 
2. Ins. by Act 2 of 1989, s. 14 (w.e.f. 29-5-1989). 
3. Subs. by Act 16 of 2014, s. 17, for sub-section (1) (w.e.f. 1-5-2014). 
4. Subs. by s. 17, ibid., for “narcotic drug or psychotropic substance” (w.e.f. 1-5-2014) 
5. Subs. by s. 17, ibid., for “such drugs or substances” (w.e.f. 1-5-2014). 

29 

 
                                                           
(c) allowing to draw representative samples of such drugs or substances, in the presence of such 

magistrate and certifying the correctness of any list of samples so drawn. 

(3) Where an application is made under sub-section (2), the Magistrate shall, as soon as may be, allow 

the application. 

(4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1972) or the Code of 
Criminal  Procedure,  1973  (2  of  1974),  every  court  trying  an  offence  under  this  Act,  shall  treat  the 
innventory,  the  photographs  of  1[narcotic  drugs,  psychotropic  substances,  controlled  substances  or 
conveyances]  and  any  list  of  samples  drawn  under  sub-section  (2)  and  certified  by  the  Magistrate,  as 
primary evidence in respect of such offence.]  

53.  Power  to  invest  officers  of  certain  departments  with  powers  of  an  officer-in-charge  of  a 
police  station.—(1)  The  Central  Government,  after  consultation  with  the  State  Government,  may,  by 
notification  published  in  the  Official  Gazette,  invest  any  officer  of  the  department  of  central  excise, 
narcotics, customs, revenue intelligence  2[or any other department of the Central Government including 
para-military forces or armed forces] or any class of such officers with the powers of an officer-in-charge 
of a police station for the investigation of the offences under this Act. 

(2) The State Government may, by notification published in the Official Gazette, invest any officer of 
the department of drugs control, revenue or excise 3[or any other department] or any class of such officers 
with the powers of an officer-in-charge of a police station for the investigation of offences under this Act. 
4[53A. Relevancy of statements under certain circumstances.—(1) A statement made and signed 
by a person before any officer empowered under section 53 for the investigation of offences, during the 
course of any inquiry or proceedings by such officer, shall be relevant for the purpose of proving, in any 
prosecution for an offence under this Act, the truth of the facts which it contains,— 

(a) when the person who made the statement is dead or connot be found, or is incapable of giving 
evidence,  or  is  kept  out  of  the  way  by  the  adverse  party,  or  whose  presence  cannot  be  obtained 
without  an  amount  of  delay  or  expense  which,  under  the  circumstances  of  the  case,  the  court 
considers unreasonable; or 

(b) when the person who made the statement is examined as a witness in the case before the court 
and  the  court  is  of  the  opinion  that,  having  regard  to  the  circumstances  of  the  case,  the  statement 
should be admitted in evidence in the interest of justice. 

(2)  The  provisions  of  sub-section  (1)  shall,  so  far  as  may  be,  apply  in  relation  to  any  proceedings 
under  this  Act  or  the  rules  or  orders  made  thereunder,  other  than  a  proceeding  before  a  court,  as  they 
apply in relation to a proceeding before a court.] 

5[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 manufacture 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]. 

 55. Police to take charge of articles seized and delivered.—An officer-in-charge of a police station 
shall  take  charge  of  and  keep  in  safe  custody,  pending  the  orders  of  the  Magistrate,  all  articles  seized 

1. Subs. by Act 16 of 2014, s.17, for “narcotic drugs or psychotropic substances” (w.e.f. 1-5-2014). 
2. Subs. by Act 9 of 2001, s. 24, for “or Border Security Force” (w.e.f. 2-10-2001). 
3. Ins. by s. 24, ibid. (w.e.f. 2-10-2001). 
4. Ins. by Act 2 of 1989, s. 15 (w.e.f. 29-5-1989). 
5. Subs. by Act 9 of 2001, s. 25, for section 54 (w.e.f. 2-10-2001). 

30 

 
                                                           
under this Act within the local area of that police station and which may be delivered to him, and shall 
allow any officer who may accompany such articles to the police station or who may be deputed for the 
purpose, to affix his seal to such articles or to take samples of and from them and all samples so taken 
shall also be sealed with a seal of the officer-in-charge of the police station. 

56. Obligation of officers to assist each other.—All officers of the several departments mentioned 
in section 42 shall, upon notice given or request made, be legally bound to assist each other in carrying 
out the provisions of this Act. 

57. Report of arrest and seizure.—Whenever any person makes any arrest or seizure under this Act, 
he shall, within forty-eight hours next after such arrest or seizure, make a full report of all the particulars 
of such arrest or seizure to his immediate official superior. 

1[57A. Report of seizure of property of the person arrested by the notified officer.—Whenever 
any  officer  notified  under  section  53  makes  an  arrest  or  seizure  under  this  Act,  and  the  provisions  of 
Chapter VA apply to any person involved in the case of such arrest or seizure, the officer shall make a 
report of the illegally acquired properties of such person to the jurisdictional competent authority within 
ninety days of the arrest or seizure]. 

58. Punishment for vexatious entry, search, seizure or arrest.—(1) Any person empowered under 

section 42 or section 43 or section 44 who— 

(a) without reasonable ground of suspicion enters or searches, or causes to be entered or searched, 

any building, conveyance or place; 

(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or 
searching  for  any  narcotic  drug  or  psychotropic  substance  or  other  article  liable  to  be  confiscated 
under this Act, or of seizing any document or other article liable to be seized under section 42, section 
43 or section 44; or 

(c) vexatiously and unnecessarily detains, searches or arrests any person,  

shall be punishable with imprisonment for a term which may extend to six months or with fine which may 
extend to one thousand rupees, or with both. 

(2) Any person wilfully and maliciously giving false information and so causing an arrest or a search 
being made under this Act shall be punishable with imprisonment for a term which may extend to two 
years or with fine or with both. 

59.  Failure  of  officer  in  duty  or  his  connivance  at  the  contravention  of  the  provisions  of  this 
Act.—(1)  Any  officer,  on  whom  any  duty  has  been  imposed  by  or  under  this  Act  and  who  ceases  or 
refuses  to  perform  or  withdraws  himself  from  the  duties  of  his  office  shall,  unless  he  has  obtained  the 
express written permission of his official superior or has other lawful excuse for so doing, be punishable 
with imprisonment for a term which may extend to one year or with fine or with both. 

2[(2) Any officer on whom any duty has been imposed by or under this Act or any person who  has 

been given the custody of— 

(a) any addict; or 

(b) any other person who has been charged with an offence under this Act,  

and  who  wilfully  aids  in,  or  connives  at,  the  contravention  of  any  provision  of  this  Act  or  any  rule  or 
order made thereunder, 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. 

Explanation.—For  the  purposes  of  this  sub-section,  the  expression  “officer”  includes  any  person 
employed  in  a  hospital  or  institution  maintained  or  recognised  by  the  Government  or  a  local  authority 
under section 64A for providing de-addiction treatment.] 

1. Ins. by Act 16 of 2014, s. 18 (w.e.f. 1-5-2014). 
2. Subs. by Act 2 of 1989, s. 16, for sub-section (2) (w.e.f. 29-5-1989). 

31 

 
                                                           
(3) No court shall take cognizance of any offence under sub-section (1) or sub-section (2) except on a 
complaint in writing made with the previous sanction of the Central Government, or as the case may be, 
the State Government. 

60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.—1[(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.] 

(2)  Any  narcotic  drug  or  psychotropic  substance  2[or  controlled  substances]  lawfully  produced, 
imported  inter-State,  exported  inter-State,  imported  into  India,  transported,  manufactured,  possessed, 
used,  purchased  or  sold  along  with,  or  in  addition  to,  any  narcotic  drug  or  psychotropic  substance  2[or 
controlled substances] which is liable to confiscation under sub-section (1) and the receptacles, packages 
and coverings in which any narcotic drug or psychotropic substance 2[or controlled substances], materials, 
apparatus or utensils liable to confiscation under sub-section (1) is found, and the other contents, if any, of 
such receptacles or packages shall likewise be liable to confiscation. 

(3)  Any  animal  or  conveyance  used  in  carrying  any  narcotic  drug  or  psychotropic  substance  2[or 
controlled substances], or any article liable to confiscation under sub-section (1) or sub-section (2) shall 
be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without 
the  knowledge  or  connivance  of  the  owner  himself,  his  agent,  if  any,  and  the  person-in-charge  of  the 
animal or conveyance and that each of them had taken all reasonable precautions against such use. 

61.  Confiscation  of  goods  used  for  concealing  illicit  drugs  or  substances.—Any  goods  used  for 
concealing  any  3[narcotic  drug,  psychotropic  substance  or  controlled  substance]  which  is  liable  to 
confiscation under this Act shall also be liable to confiscation. 

Explanation.—In this section “goods” does not include conveyance as a means of transport. 

62.  Confiscation  of  sale  proceeds  of  illicit  drugs  or  substances.—Where  any  4[narcotic  drug, 
psychotropic  substance  or  controlled  substance]  is  sold  by  a  person  having  knowledge  or  reason  to 
believe that the drug or substance is liable to confiscation under this Act, the sale proceeds thereof shall 
also be liable to confiscation. 

63.  Procedure  in  making  confiscations.—(1)  In  the  trial  of  offences  under  this  Act,  whether  the 
accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized 
under this Act is liable to confiscation under section 60 or section 61 or section 62 and, if it decides that 
the article is so liable, it may order confiscation accordingly. 

(2) Where any article or thing seized under this Act appears to be liable to confiscation under section 
60 or section 61 or section 62, but the person who committed the offence in connection therewith is not 
known  or  cannot  be  found,  the  court  may  inquire  into  and  decide  such  liability,  and  may  order 
confiscation accordingly: 

Provided  that  no  order  of  confiscation  of  an  article  or  thing  shall  be  made  until  the  expiry  of  one 
month from the date of seizure, or without hearing any person who may claim any right thereto and the 
evidence, if any, which he produces in respect of his claim: 

Provided further that if any such article or thing, other than a narcotic drug, psychotropic substance  
5[controlled  substance],  the  opium  poppy,  coca  plant  or  cannabis  plant  is  liable  to  speedy  and  natural 
decay, or if the court is of opinion that its sale would be for the benefit of its owner, it may at any time 
direct it to be sold; and the provisions of this sub-section shall, as nearly as may be practicable, apply to 
the net proceeds of the sale. 

1. Subs. by Act 9 of 2001, s. 26, for sub-section (1) (w.e.f. 2-10-2001). 
2. Ins. by s. 26, ibid. (w.e.f. 2-10-2001). 
3. Subs. by s. 27, ibid., for “narcotic drug or psychotropic substance” (w.e.f. 2-10-2001). 
4. Subs. by s. 28, ibid., for “narcotic drug or psychotropic substance” (w.e.f. 2-10-2001). 
5. Ins. by s. 29, ibid. (w.e.f. 2-10-2001). 

32 

 
                                                           
1* 

* 

* 

* 

* 

64.  Power  to  tender  immunity  from  prosecution.—(1)  The  Central  Government  or  the  State 
Government may, if it is of opinion (the reasons for such opinion being recorded in writing) that with a 
view to obtaining the evidence of any person appearing to have been directly or indirectly concerned in or 
privy to the contravention of any of provisions of this Act or of any rule or order made thereunder it is 
necessary or expedient so to do, tender to such person immunity from prosecution for any offence under 
this Act or under the Indian Penal Code (45 of 1860) or under any other Central Act or State Act, as the 
case may be, for the time being in force, on condition of his making a full and true disclosure of the whole 
circumstances relating to such contravention. 

(2)  A  tender  of  immunity  made  to,  and  accepted  by,  the  person  concerned,  shall,  to  the  extent  to 
which the immunity extends, render him immune from prosecution for any offence in respect of which 
the tender was made. 

(3) If it appears to the Central Government or, as the case may be, the State Government, that any 
person to whom immunity has been tendered under this section has not complied with the conditions on 
which  the  tender  was  made  or  is  wilfully  concealing  anything  or  is  giving  false  evidence,  the  Central 
Government  or,  as  the  case  may  be,  the  State  Government,  may  record  a  finding  to  that  effect  and 
thereupon the immunity shall be deemed to have been withdrawn and such person may be tried for the 
offence  in  respect  of  which  the  tender  of  immunity  was  made  or  for  any  other  offence  of  which  he 
appears to have been guilty in connection with the same matter. 

2[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.] 

65. [Power to make rules regulating disposal of confiscated articles and rewards].—Omitted by the 
Narcotic  Drugs  and  Psychotropic  Substances  (Amendment)  Act,  1989  (2  of  1989),  s.  18  
(w.e.f. 29-5-1989).  

66. Presumption as to documents in certain cases.—Where any document— 

(i) is produced or furnished by any person or has been seized from the custody or control of any 

person, in either case, under this Act or under any other law, or 

(ii)  has  been  received  from  any  place  outside  India  (duly  authenticated  by  such  authority  or 
person  and  in  such  manner  as  may  be  prescribed  by  the  Central  Government)  in  the  course  of 
investigation of any offence under this Act alleged to have been committed by a person, 

and such document is tendered in any prosecution under this Act in evidence against him, or against him 
and any other person who is tried jointly with him, the court shall— 

(a)  presume,  unless  the  contrary  is  proved,  that  the  signature  and  every  other  part  of  such 
document which purports to be in the handwriting of any particular person or which the court may 
reason ably assume to have been signed by, or to be in the handwriting of, any particular person, is in 
that person’s handwriting; and in the case of a document executed or attested, that it was executed or 
attested by the person by whom it purports to have been so executed or attested; 

(b) admit the document in evidence, notwithstanding that it is not duly stamped, if such document 

is otherwise admissible in evidence; 

(c) examine any person acquainted with the facts and circumcontrary is proved, the truth of the 

contents of such document. 

1. Sub-section (3) omitted by Act 9 of 2001, s. 29 (w.e.f. 2-10-2001). 
2. Subs. by s. 30, ibid., for section 64A (w.e.f. 2-10-2001). 

33 

 
 
 
 
 
 
 
 
 
                                                           
67. Power to call for information, etc.—Any officer referred to in section 42 who is authorised in 
this behalf by the Central Government or a State Government may, during the course of any enquiry in 
connection with the contravention of any provision of this Act,— 

(a) call for information from any person for the purpose of satisfying himself whether there has 

been any contravention of the provisions of this Act or any rule or order made thereunder; 

(b)  require  any  person  to  produce  or  deliver  any  document  or  thing  useful  or  relevant  to  the 

enquiry; 

(c) examine any person acquainted with the facts and circumstances of the case. 

68.  Information  as  to  commission  of  offences.—No  officer  acting  in  exercise  of  powers  vested  in 
him  under  any  provision  of  this  Act  or  any  rule  or  order  made  thereunder  shall  be  compelled  to  say 
whence he got any information as to the commission of any offence. 

1[CHAPTER VA 

2[FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY] 

68A.  Application.—(1) The  provisions  of this  Chapter shall apply  only  to  the persons  specified in 

sub-section (2). 

(2) The persons referred to in sub-section (1) are the following, namely:— 

(a)  every  person  who  has  been  convicted  of  an  offence  punishable  under  this  Act  with 

imprisonment for a term of 3[ten] years or more; 

(b) every person who has been convicted of a similar offence by a competent court of criminal 

jurisdiction outside India; 

(c) every person in respect of whom an order of detention has been made under the Prevention of 
IIicit  Traffic  in  Narcotic  Drugs  and  Psychotropic  Substances  Act,  1988  (46  of  1988),  or  under  the 
Jammu and Kashmir Prevention of IIicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 
1988; 

4[(cc) every person who has been arrested or against whom a warrant or authorisation 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 
authorisation  of  arrest  has  been  issued  for  the  commission  of  a  similar  offence  under  any 
corresponding law of any other country.] 

Provided that such order of detention has not been revoked on the report of the Advisory Board 
constituted  under  the  said  Acts  or  such  order  of  detention  has  not  been  set  aside  by  a  court  of 
competent jurisdiction; 

(d) every person who is a relative of a person referred to in clause (a) or clause (b) or clause (c) 

4[or clause (cc)]; 

(e) every associate of a person referred to in clause (a) or clause (b) or clause (c) 4[or clause (cc)];  

(f) any holder (hereafter in this clause referred to as the “present holder”) of any property which 
was at any time previously held by a person referred to in clause (a) or clause (b) or clause (c)  4[or 
clause (cc)]; unless the present holder or, as the case may be, any one who held such property after 
such  person  and  before  the  present  holder,  is  or  was  a  transferee  in  good  faith  for  adequate 
consideration. 

1. Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989). 
2. Subs. by Act 16 of 2014, s. 19, for “FORFEITURE OF PROPERTY DERIVED FROM, OR USED, IN ILLICIT TRAFFIC” 

(w.e.f. 1-5-2014). 

3. Subs. by Act 9 of 2001, s. 31, for “five” (w.e.f. 2-10-2001). 
4. Ins. by s. 31, ibid. (w.e.f. 2-10-2001). 

34 

 
 
 
                                                           
68B. Definitions.—In this Chapter, unless the context otherwise requires,— 

(a) “Appellate Tribunal” means the Appellate Tribunal 1[referred to in] section 68N; 

(b) “associate” in relation to a person whose property is liable to be forfeited under this Chapter, 

means— 

(i)  any  individual  who  had  been  or  is  residing  in  the  residential  premises  (including  

out-houses) of such person; 

(ii) any individual who had been or is managing the affairs or keeping the accounts of such 

person; 

(iii)  any  association  of  persons,  body  of  individuals,  partnership  firm,  or  private  company 
within the meaning of the Companies Act, 1956 (1 of 1956), of which such person had been or is 
a member, partner or director; 

(iv)  any  individual  who  had  been  or  is  a  member,  partner  or  director  of  an  association  of 
persons, body of individuals, partnership firm or private company referred to in sub-clause (iii) at 
any  time  when  such  person  had  been  or  is  a  member,  partner  or  director  of  such  association, 
body, partnership firm or private company; 

(v)  any  person,  who  had  been  or  is  managing  the  affairs,  or  keeping  the  accounts,  of  any 
association  of  persons,  body  of  individuals,  partnership  firm  or  private  company  referred  to  in 
sub-clause (iii); 

(vi) the trustee of any trust, where,— 

(1) the trust has been created by such person; or 

(2) the value of the assets contributed by such person (including the value of the assets, if 
any,  contributed  by  him  earlier)  to  the  trust  amounts,  on  the  date  on  which  contribution  is 
made, to not less than twenty per cent. of the value of the assets of the trust on that date; 

(vii) where the competent authority, for reasons to be recorded in writing, considers that any 

properties of such person are held on his behalf by any other person, such other person; 

(c)  “competent  authority”  means  an  officer  of  the  Central  Government  authorised  by  it  under 

section 68D; 

(d)  “concealment”  means  the  concealment  or  disguise  of  the  nature,  source,  disposition, 
movement  or  ownership  of  property  and includes the movement  or  conversion  of  such  property  by 
electronic transmission or by any other means; 

(e) “freezing” means temporarily prohibiting the transfer, conversion, disposition or movement of 

property by an order issued under section 68F; 

(f) “identifying” includes establishment of proof that the property was derived from, or used in, 

the illicit traffic; 

(g)  “illegally  acquired  property”,  in  relation  to  any  person  to  whom  this  Chapter  applies,  

means, — 

(i) any property acquired by such person, whether before or after the commencement of this 
Chapter,  wholly  or  partly  out  of  or  by  means  of  any  income,  earnings  or  assets  derived  or 
obtained  from  or  attributable  to  2[the  contravention  of  any  provisions  3[of  this  Act  or  the 
equivalent value of such property; or]] 

1. Subs. by Act 28 of 2016, s. 227, for “for Forfeited Property constituted under” (w.e.f. 1-6-2016). 
2. Subs. by Act 9 of 2001, s. 32, for “illicit traffic” (w.e.f. 2-10-2001). 
3. Subs. by Act 16 of 2014, s, 20, for “of this Act; or” (w.e.f. 1-5-2014). 

35 

 
                                                           
(ii) any property acquired by such person, whether before or after the commencement of this 
Chapter, for a consideration, or by any means wholly or partly traceable to any property referred 
to in sub-clause (i) or the income or earning from 1[such property or the equivalent value of such 
property; or] 

2[(iii) any  property  acquired  by  such  person,  whether  before or after  the  commencement  of 
the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014, wholly or partly out of 
or  by  means  of  any  income,  earnings  or  assets  the  source  of  which  cannot  be  proved,  or  the 
equivalent value of such property,] 

and includes— 

(A)  any  property  held  by  such  person  which  would  have  been,  in  relation  to  any  previous 
holder  thereof,  illegally  acquired  property  under  this  clause  if  such  previous  holder  had  not 
ceased to hold it, unless such person or any other person who held the property at any time after 
such  previous  holder  or,  where  there  are  two  or  more  such  previous  holders,  the  last  of  such 
previous holders is or was a transferee in good faith for adequate consideration; 

(B) any property acquired by such person, whether before or after the commencement of this 
Chapter, for a consideration, or by any means, wholly or partly traceable to any property falling 
under item (A), or the income or earnings therefrom; 

3[(h)  “property”  means  any  property  or  assets  of  every  description,  whether  corporeal  or 
incorporeal, movable or immovable, tangible or intangible, wherever located and includes deeds and 
instruments evidencing title to, or interest in, such property or assets;]  

(i) “relative” means— 

(1) spouse of the person; 

(2) brother or sister of the person; 

(3) brother or sister of the spouse of the person; 

(4) any lineal ascendant or descendant of the person; 

(5) any lineal ascendant or descendant of the spouse of the person; 

(6)  spouse  of  a  person  referred  to  in  sub-clause  (2),  sub-clause  (3),  sub-clause  (4)  or  

sub-clause (5); 

(7) any lineal descendant of a person referred to in sub-clause (2) or sub-clause (3); 

(j) “tracing” means determining the nature, source, disposition, movement, title or ownership of 

property; 

(k) “trust” includes any other legal obligation. 

68C. Prohibition of holding illegally acquired property.—(1) As from the commencement of this 
Chapter, it shall not be lawful for any person to whom this Chapter applies to hold any illegally acquired 
property either by himself or through any other person on his behalf. 

(2)  Where  any  person  holds  any  illegally  acquired  property  in  contravention  of  the  provisions  of  
sub-section (1), such property shall be liable to be forfeited to the Central Government in accordance with 
the provisions of this Chapter: 

4[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 

1. Subs. by Act 16 of 2014, s. 20, for “such property,” (w.e.f. 1-5-2014). 
2. Ins. by s. 20, ibid. (w.e.f. 1-5-2014). 
3. Subs. by s. 20, ibid., for clause (h) (w.e.f. 1-5-2014). 
4. Subs. by Act 9 of 2001, s. 33, for the proviso (w.e.f. 2-10-2001). 

36 

 
                                                           
whom a warrant or authorisation 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.] 

68D. Competent authority.—(1) The Central Government  may, by order published in the Official 
Gazette, authorise 1[any Commissioner of Customs or Commissioner of Central Excise] or Commissioner 
of Income-tax or any other officer of the Central Government of equivalent rank to perform the functions 
of the competent authority under this Chapter. 

(2) The  competent authorities shall perform  their  functions in respect  of  such  persons  or  classes of 

persons as the Central Government may, by order, direct. 

68E. Identifying illegally acquired property.—2[(1) Every officer empowered under section 53 and 
every officer-in-charge of a police station shall, or 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.]  

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect 
of  any  person,  place,  property,  assets,  documents,  books  of  account  in  any  bank  or  public  financial 
institution or any other relevant matters. 

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer 
mentioned in sub-section (1) in accordance with such directions or guidelines as the competent authority 
may make or issue in this behalf. 

68F.  Seizure  or  freezing  of  illegally  acquired  property.—(1)  Where  any  officer  conducting  an 
inquiry  or  investigation  under  section  68E  has  reason  to  believe  that  any  property  in  relation  to  which 
such  inquiry  or  investigation  is  being  conducted  is  an  illegally  acquired  property  and  such  property  is 
likely  to  be  concealed,  transferred  or  dealt  with  in  any  manner  which  will  result  in  frustrating  any  
proceeding relating to forfeiture of such property under this Chapter, he may make an order for seizing 
such  property  and  where  it  is  not  practicable  to  seize  such  property,  he  may  make  an  order  that  such 
property shall not be transferred or otherwise dealt with, except with the prior permission of the officer 
making such order, or of the competent authority and a copy of such order shall be served on the person 
concerned: 

Provided  that  the  competent  authority  shall  be  duly  informed  of  any  order  made  under  this  sub-
section and a copy of such an order shall be sent to the competent authority within forty-eight hours of its 
being made. 

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an 

order of the competent authority within a period of thirty days of its being made. 

Explanation.—For  the  purposes  of  this  section,  “transfer  of  property”  means  any  disposition, 
conveyance,  assignment,  settlement,  delivery,  payment  or  other  alienation  of  property  and,  without  
limiting the generality of the foregoing, includes— 

(a) the creation of a trust in property; 

(b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or 

interest in property; 

(c) the exercise of a power of appointment of property vested in any person, not the owner of the 

property, to determine its disposition in favour of any person other than the donee of the power; and 

(d)  any  transaction  entered  into  by  any  person  with  intent  thereby  to  diminish  directly  or 
indirectly the value of his own property and to increase the value of the property of any other person. 

68G.  Management  of  properties  seized  or  forfeited  under  this  Chapter.—(1)  The  Central 
Government may, by order published in the Official Gazette, appoint as many of its officers (not below 

1. Subs. by Act 16 of 2014, s. 21, for “any Collector of Customs or Collector of Central Excise” (w.e.f. 1-5-2014). 
2. Subs. by Act 9 of 2001, s. 34, for sub- section (1) (w.e.f. 2-10-2001). 

37 

 
                                                           
the  rank  of  a  Joint  secretary  to  the  Government)  as  it  thinks  fit,  to  perform  the  functions  of  an 
Administrator. 

(2)  The  Administrator  appointed  under  sub-section  (1)  shall  receive  and  manage  the  property  in 
relation to which an order has been made under sub-section (1) of section 68F or under section 68-I in 
such manner and subject to such conditions as may be prescribed. 

(3)  The  Administrator  shall  also  take  such  measures,  as  the  Central  Government  may  direct,  to 

dispose of the property which is forfeited to the Central Government. 

68H. Notice of forfeiture of property.—(1) If, having regard to the value of the properties held by 
any person to whom this Chapter applies, either by himself or through any other person on his behalf, his 
known sources of income, earnings  or assets, and any other information or material available to it as a 
result of a report from any officer making an investigation under section 68E or otherwise, the competent 
authority has reason to believe (the reasons for such belief to be recorded in writing) that all or any of 
such  properties  are  illegally  acquired  properties,  it  may  serve  a  notice  upon  such  person  (hereinafter 
referred to as the person affected) calling upon him within a period of thirty days specified in the notice to 
indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired 
such property, the evidence on which he relies and other relevant information and particulars, and to show 
cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired 
properties and forfeited to the Central Government under this Chapter. 

(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf 

of such person by any other person, a copy of the notice shall also be served upon such other person. 

1[Provided that no notice for forfeiture shall be served upon any person 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.] 

2[Explanation.—For the removal of doubts, it is hereby declared that in a case where the provisions of 
section 68J are applicable, no notice under this section shall be invalid merely on the ground that it fails to 
mention the evidence relied upon or it fails to establish a direct nexus between the property sought to be 
forfeited and any activity in contravention of the provisions of this Act.] 

68-I. Forfeiture of property in certain cases.—(1) The competent authority may, after considering 
the  explanation,  if  any,  to  the  show  cause  notice  issued  under section  68H,  and  the  materials  available 
before  it  and  after  giving  to  the  person  affected  (and  in  a  case  where  the  person  affected  holds  any 
property  specified  in  the  notice  through  any  other  person,  to  such  other  person  also)  a  reasonable 
opportunity of being heard, by order, record a finding whether all or any of the properties in question are 
illegally acquired properties: 

Provided  that  if  the  person  affected  (and  in  a  case  where  the  person  affected  holds  any  property 
specified  in  the  notice  through  any  other  person  such  other  person  also)  does  not  appear  before  the 
competent  authority  or  represent  his  case  before it  within  a  period  of  thirty  days  specified  in  the  show 
cause notice, the competent authority may proceed to record a finding under this sub-section ex parte on 
the basis of evidence available before it. 

(2)  Where  the  competent  authority  is  satisfied  that  some  of  the  properties  referred  to  in  the  show 
cause notice are illegally acquired properties but is not able to identify specifically such properties, then, 
it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, 
are illegally acquired properties and record a finding accordingly under sub-section (1). 

(3) Where the competent authority records a finding under this section to the effect that any property 
is  illegally  acquired  property,  it  shall  declare  that  such  property  shall,  subject  to  the  provisions  of  this 
Chapter, stand forfeited to the Central Government free from all encumbrances. 

1. Ins. by Act 9 of 2001, s. 35 (w.e.f. 2-10-2001). 
2. Ins. by Act 16 of 2014, s. 22 (w.e.f. 1-5-2014). 

38 

 
                                                           
1[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 forefeited.] 

(4)  Where  any  shares  in  a  company  stand  forfeited  to  the  Central  Government  under  this  Chapter, 
then, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) or 
the articles of association of the company, forthwith register the Central Government as the transferee of 
such shares. 

68J.  Burden  of  proof.—In  any  proceedings  under  this  Chapter,  the  burden  of  proving  that  any 
property specified in the notice served under section 68H is not illegally acquired property shall be on the 
person affected. 

68K.  Fine  in  lieu  of  forfeiture.—(1)  Where  the  competent  authority  makes  a  declaration  that  any 
property stands forfeited to the Central Government under section 68-I and it is a case where the source of 
only  a  part  of  the  illegally  acquired  property  has  not  been  proved  to  the  satisfaction  of  the  competent 
authority, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine 
equal to the market value of such part. 

(2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a 

reasonable opportunity of being heard. 

(3) Where the person affected pays the fine due under sub-section (1), within such time as may be 
allowed in that behalf, the competent authority may, by order, revoke the declaration of forfeiture under 
section 68-I and thereupon such property shall stand released. 

68L.  Procedure  in  relation  to  certain trust  properties.—In  the  case  of  any  person referred to  in 
sub-clause (vi) of clause (b) of section 68B, if the competent authority, on the basis of the information and 
materials available to it, has reason to believe (the reasons for such belief to be recorded in writing) that 
any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust 
or,  as  the  case  may  be,  the  contributor  of  the  assets  out  of  or  by  means  of  which  such  propery  was 
acquired  by  the  trust  and the  trustees,  calling  upon them  within  a  period  of thirty  days  specified in the 
notice,  to  explain  the  source  of  money  or  other  assets  out  of  or  by  means  of  which  such  property  was 
acquired or, as the case may be, the source of money or other assets which were contributed to the trust 
for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 
68H and all the other provisions of this Chapter shall apply accordingly. 

Explanation.—For  the  purposes  of  this  section  “illegally  acquired  property”,  in  relation  to  any 

property held in trust, includes— 

(i) any property which if it had continued to be held by the author of the trust or the contributor of 
such  property  to the  trust would  have  been  illegally acquired  property  in  relation  to  such  author  or 
contributor; 

(ii) any property acquired by the trust out of any contributions made by any person which would 
have  been  illegally  acquired  property  in  relation  to  such  person  had  such  person  acquired  such 
property out of such contributions. 

68M.  Certain  transfers  to  be  null  and  void.—Where  after  the  making  of  an  order  under  
sub-section  (1)  of  section  68F  or  the  issue  of  a  notice  under  section  68H  or  under  section  68L,  any 
property referred to in the said order or notice is transferred by any mode whatsoever such transfer shall, 
for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently 
forfeited  to  the  Central  Government  under  section  68-I,  then,  the  transfer  of  such  property  shall  be 
deemed to be null and void. 

2[68N.  Constitution  of  Appellate  Tribunal.—The  Appellate  Tribunal  constituted  under  
sub-section  (1)  of  section  12  of  the  Smugglers  and  Foreign  Exchange  Manipulators  (Forfeiture  of 

1. Ins. by Act 9 of 2001, s. 36 (w.e.f. 2-10-2001). 
2. Subs. by Act 28 of 2016, s. 227, for section 68N (w.e.f. 1-6-2016). 

39 

 
                                                           
Property) Act, 1976 (13 of 1976) shall be the Appellate Tribunal for hearing appeals against the orders 
made under section 68F, section 68-I, sub-section (1) of section 68K or section 68L.]  

68-O.  Appeals.—(1)  1[Any  officer  referred  to  in  sub-section  (1)  of  section  68E  or  any  person 
aggrieved by an order of the competent authority] made under section 68F, section 68-I, sub-section (1) of 
section  68K or section  68L,  may,  within forty-five  days  from  the  date  on  which  the  order is served  on 
him, prefer an appeal to the Appellate Tribunal: 

Provided that the Appellate Tribunal may entertain an appeal after the said period of forty-five days, 
but  not  after  sixty  days,  from  the  date  aforesaid  if  it  is  satisfied  that  the  appellant  was  prevented  by 
sufficient cause from filing the appeal in time. 

(2)  On  receipt  of  an  appeal  under  sub-section  (1),  the  Appellate  Tribunal  may,  after  giving  an 
opportunity to the appellant to be heard, if he so desires, and after making such further inquiry as it deems 
fit, confirm, modify or set aside the order appealed against. 

(3) The powers and functions of the Appellate Tribunal may be exercised and discharged by Benches 

consisting of three members and constituted by the Chairman of the Appellate Tribunal. 

(4) Notwithstanding anything contained in sub-section (3), where the Chairman considers it necessary 
so  to  do  for  the  expeditious  disposal  of  appeals  under  this  section,  he  may  constitute  a  Bench  of  two 
members  and  a  Bench  so  constituted  may  exercise  and  discharge  the  powers  and  functions  of  the 
Appellate Tribunal:  

Provided that if the members of a Bench so constituted differ on any point or points, they shall state 
the  point  or  points  on  which  they  differ  and  refer  the  same  to  a  third  member  (to  be  specified  by  the 
Chairman) for hearing of such point or points and such point or points shall be decided according to the 
opinion of that member. 

2[Provided further that if the office of the Chairman is vacant by reason of his death, resignation or 
otherwise,  or  if  the  Chairman  is  unable  to  discharge  his  duties  owing  to  absence,  illness  or  any  other 
cause, the Central Government may, by order, nominate any member to act as the Chairman until a new 
Chairman is appointed and assumes charge or, as the case may be, resumes his duties.] 

(5) The Appellate Tribunal may regulate its own procedure. 

(6) On application to the Appellate Tribunal and on payment of the prescribed fee, the Tribunal may 
allow a party to any appeal or any person authorised in his behalf by such party to inspect at any time 
during office hours, any relevant records and registers of the Tribunal and obtain a certified copy of any 
part thereof. 

68P. Notice or order not to be invalid for error in description.—No notice issued or served, no 
declaration made, and no order passed, under this Chapter shall be deemed to be invalid by reason of any 
error  in  the  description  of  the  property  or  person  mentioned  therein  if  such  property  or  person  is 
identifiable from the description so mentioned. 

68Q.  Bar  of  jurisdiction.—No  order  passed  or  declaration  made  under  this  Chapter  shall  be 
appealable except as provided therein and no civil court shall have jurisdiction in respect of any matter 
which  the  Appellate  Tribunal  or  any  competent  authority  is  empowered  by  or  under  this  Chapter  to 
determine,  and  no  injunction  shall  be  granted  by  any  court  or  other  authority  in  respect  of  any  action 
taken or to be taken in pursuance of any power conferred by or under this Chapter. 

68R.  Competent  authority  and  Appellate  Tribunal  to  have  powers  of  civil  court.—The 
competent authority and the Appellate Tribunal shall have all the powers of a civil court while trying a 
suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

1. Subs. by Act 9 of 2001, s. 37, for “any person aggrieved by an order of the competent authority” (w.e.f. 2-10-2001). 
2. Ins. by Act 16 of 2014, s. 23 (w.e.f. 1-5-2014). 

40 

 
                                                           
(c) receiving evidence on affidavits; 

(d) requisitioning any public record or copy thereof from any court or office; 

(e) issuing commissions for examination of witnesses or documents; 

(f) any other matter which may be prescribed.  

68S.  Information  to  competent  authority.—(1)  Notwithstanding  anything  contained  in  any  other 
law,  the  competent  authority  shall  have  power  to  require  any  officer  or  authority  of  the  Central  
Government or a State Government or a local authority to furnish information in relation to such persons, 
points  or  matters  as  in  the  opinion  of  the  competent  authority  will  be  useful  for,  or  relevant  to,  the 
purposes of this Chapter. 

(2) Every officer referred to in section 68T may furnish suo motu any information available with him 
to the competent authority if in the opinion of the officer such information will be useful to the competent 
authority for the purposes of this Chapter. 

68T.  Certain  officers  to  assist  Administrator,  competent  authority  and  Appellate  Tribunal.—
For the purposes of any proceedings under this Chapter, the following officers are hereby empowered and 
required to assist the Administrator appointed under section 68G, competent authority and the Appellate 
Tribunal, namely:— 

(a) officers of the Narcotics Control Bureau; 

(b) officers of the Customs Department; 

(c) officers of the Central Excise Department; 

(d) officers of the Income-tax Department; 

(e)  officers  of  enforcement  appointed  under  the  Foreign  Exchange  Regulation  Act,  1973  

(46 of 1973); 

(f) officers of police; 

(g) officers of the Narcotics Department; 

(h) officers of the Central Economic Intelligence Bureau; 

(i) officers of the Directorate of Revenue Intelligence; 

(j)  such  other  officers  of  the  Central  or  State  Government  as  are  specified  by  the  Central 

Government in this behalf by notification in the Official Gazette. 

68U.  Power  to  take  possession.—(1)  Where  any  property  has  been  declared  to  be  forfeited  to  the 
Central Government under this Chapter, or where the person affected has failed to pay the fine due under 
sub-section (1) of section 68K within the time allowed therefor under sub-section (3) of that section, the 
competent authority may order the person affected as well as any other person who may be in possession 
of  the  property  to  surrender  or  deliver  possession  thereof  to  the  Administrator  appointed  under  section 
68G or to any person duly authorised by him in this behalf within thirty days of the service of the order. 

(2)  If  any  person  refuses  or  fails  to  comply  with  an  order  made  under  sub-section  (1),  the 
Administrator  may  take  possession  of the  property  and  may  for  that  purpose  use  such force  as  may  be 
necessary. 

(3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of 
taking  possession  of  any  property  referred  to  in  sub-section  (1),  requisition  the  service  of  any  police 
officer to assist him and it shall be the duty of such officer to comply with such requisition. 

68V. Rectification of mistakes.—With a view to rectifying any mistakes apparent from record, the 
competent  authority  or  the  Appellate  Tribunal,  as  the  case  may  be,  may  amend  any  order  made  by  it 
within a period of one year from the date of the order: 

Provided that if any such amendment is likely to affect any person prejudicially, it shall not be made 

without giving to such person a reasonable opportunity of being heard. 

41 

 
68W. Findings under other laws not conclusive for proceedings under this Chapter.—No finding 
of any officer or authority under any other law shall be conclusive for the purposes of any proceedings 
under this Chapter. 

68X.  Service of notices and orders.—Any notice or order issued or made under this Chapter shall 

be served— 

(a) by tendering the notice or order or sending it by registered post to the person for whom it is 

intended or to his agent; 

(b) if the notice or order cannot be served in the manner provided in clause (a), by affixing it on a 
conspicuous  place  in  the  property  in  relation  to  which  the  notice  or  order  is  issued  or  made  or  on 
some conspicuous part of the premises in which the person for whom it is intended is known to have 
last resided or carried on business or personally worked for gain. 

68Y.  Punishment  for  acquiring  property  in  relation  to  which  proceedings  have  been  taken, 
under this Chapter.—Any person who knowingly acquired, by any mode whatsoever, any property in 
relation to which proceedings are pending under this Chapter shall be punishable with imprisonment for a 
term which may extend to five years and with fine which may extend to fifty thousand rupees.] 

1[68Z. Release of property in certain cases.—(1) Where the detention order of a detenu 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 
authorisation  of  arrest  issued  against  such  person  has  been  withdrawn,  then,  property  seized  or  frozen 
under this Chapter shall stand released.] 

CHAPTER VI 

MISCELLANEOUS 

69. Protection of action taken in good faith.—No suit, prosecution or other legal proceeding shall 
lie against the Central Government or a State Government or any officer of the Central Government or of 
the  State  Government  or  any  other  person  exercising  any  powers  or  discharging  any  functions  or 
performing any duties under this Act, for anything in good faith done or intended to be done under this 
Act or any rule or order made thereunder. 

70.  Central  Government  and  State  Government  to  have  regard  to  international  conventions 
while  making  rules.—Wherever  under  this  Act  the  Central  Government  or  the  State  Government  has 
been empowered to  make  rules, the  Central  Government  or the  State  Government,  as the case  may  be, 
subject to other provisions of this Act, may while making the rules have regard to the provisions of the 
Single Convention on Narcotic Drugs, 1961, the Protocol of 1972 amending the said Convention and of 
the Convention on Psychotropic Substances, 1971 to which India is a party and to the provisions of any 
other international convention relating to narcotic drugs or psychotropic substances to  which India may 
become a party. 

71. Power of Government to establish centres for identification, treatment, etc., of addicts and 
for  supply  of  narcotic  drug  and  psychotropic  substances.—(1)  2[The  Government  may  establish, 
recognise or approve as many centres as it thinks fit for identification, treatment, managemen], education, 
after-care, rehabilitation, social re-integration of addicts and for supply, subject to such conditions and in 
such manner as may be prescribed, by the concerned Government of any narcotic drugs and psychotropic 
substances to the addicts registered with the Government and to others where such supply is a medical 
necessity. 

1. Ins. by Act 9 of 2001, s. 38 (w.e.f. 2-10-2001). 
2. Subs. by Act 16 of 2014, s. 24, for “The Government may, in its discretion, establish as many centres as it thinks fit for 

identification, treatment” (w.e.f. 1-5-2014). 

42 

 
                                                           
(2)  The  Government  may  make  rules  consistent  with  this  Act  providing  for  the  establishment, 
appointment,  maintenance,  management  and  superintendence  of,  and  for  supply  of  narcotic  drugs  and 
psychotropic substances from, the centres referred to in sub-section (1) and for the appointment, training, 
powers, duties and persons employed in such centres. 

72. Recovery of sums due to Government.—(1) In respect of any licence fee or other sum of any 
kind payable to the Central Government or to the State Government under any of the provisions of this 
Act  or  of  any  rule  or  order  made  thereunder,  the  officer  of  the  Central  Government  or  the  State 
Government, as the case may be, who is empowered to require the payment of such sum, may deduct the 
amount of such sum from any money owing to the person from whom such sum may be recoverable or 
due or may recover such amount or sum by attachment and sale of the goods belonging to such persons 
and if the amount of the same is not so recovered, the same may be recovered from the person or from his 
surety (if any) as if it were an arrears of land revenue. 

(2) When any person, in compliance with any rule made under this Act, gives a bond (other than a 
bond under section 34 and section 39) for the performance of any act, or for his abstention from any act, 
such performance or abstention shall be deemed to be a public duty within the meaning of section 74 of 
the Indian Contract Act, 1872 (9 of 1872); and upon breach of the conditions of such bond by  him, the 
whole sum named therein as the amount to be paid in case of such breach may be recovered from him or 
from his surety (if any) as if it were an arrears of land revenue. 

73. Bar of jurisdiction.—No civil court shall entertain any suit or proceeding  against any decision 
made or order passed by any officer or authority under this Act or under any rule made thereunder on any 
of the following matters, namely:— 

(a) withholding, refusal or cancellation of any licence for the cultivation of the opium poppy; 

(b) weighment, examination and classification according to the quality and consistence of opium 
and  any  deductions  from,  or  addition  to,  the  standard  price  made  in  accordance  with  such 
examination; 

(c) confiscation of opium found to be adulterated with any foreign substance. 

74.  Transitional  provisions.—Every  officer  or  other  employee  of  the  Government  exercising  or 
performing, immediately before the commencement of this Act, any powers or duties with respect to any 
matters provided for in this Act, shall on such commencement, be deemed to have been appointed under  
the  relevant  provisions  of  this  Act  to  the  same  post  and  with  the  same  designation  as  he  was  holding 
immediately before such commencement. 

1[74A. Power of Central Government to give directions.—The Central Government may give such 
directions as it may deem necessary to a State Government regarding the carrying into execution of the 
provisions of this Act, and the State Government shall comply with such directions.]  

75.  Power  to  delegate.—(1)  The  Central  Government  may,  by  notification  in  the  Official  Gazette, 
delegate,  subject  to  such  conditions  and  limitations  as  may  be  specified  in  the  notification,  such  of  its 
powers  and  functions  under  this  Act  (except  the  power  to  make  rules)  as  it  may  deem  necessary  or 
expedient, to the Board or any other authority or the Narcotics Commissioner. 

(2)  The  State  Government  may,  by  notification  in  the  Official  Gazette,  delegate,  subject  to  such 
conditions and limitations as may be specified in the notification, such of its powers and functions under 
this  Act  (except  the  power  to  make  rules)  as  it  may  deem  necessary  or  expedient,  to  any  authority  or 
officer of that Government. 

76. Power of Central Government to make rules.—(1) Subject to the other provisions of this Act, 
the  Central  Government  may,  by  notification  in  the  Official  Gazette,  make  rules  for  carrying  out  the 
purposes of this Act. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any 

of the following matters, namely:— 

(a) the method by which percentages in the case of liquid preparations shall be calculated for the 

purposes of clauses (v), (vi) (xiv) and (xv) of section 2; 

1. Ins. by Act 2 of 1989, s. 20 (w.e.f. 29-5-1989). 

43 

 
                                                           
(b) the form of bond to keep the peace to be executed under section 34; 

(c) the form of bond to be executed for release of an addict convict for medical treatment under 
sub-section (1) of section 39 and the bond to be executed by such convict before his release after due 
admonition under sub-section (2) of that section; 

1[(ca) the manner in which “controlled delivery” under section 50A is to be undertaken;] 

(d) the authority or the person by whom and the manner in which a document received from any 

place outside India shall be authenticated under clause (ii) of section 66;  

2[(da) the  manner in which and the conditions subject to which properties shall be managed by 

the Administrator under sub-section (2) of section 68G; 

3* 

* 

* 

* 

* 

(dc) the fees which shall be paid for the inspection of the records and registers of the Appellate 
Tribunal or for obtaining the certified copy of any part thereof under sub-section (6) of section 68-O; 

(dd)  the  powers  of  a  civil  court  that  may  be  exercised  by  the  competent  authority  and  the 

Appellate Tribunal under clause (f) of section 68R; 

(de) the disposal of all articles or things confiscated under this Act; 

(df) the drawing of samples and testing and analysis of such samples; 

(dg) the rewards to be paid to the officers, informers and other persons;] 

(e) the conditions and the manner in which narcotic drugs and psychotropic substances may be 
supplied  for  medical  necessity  to  the  addicts  registered  with  the  Central  Government  and  to  others 
under sub-section (1) of section 71; 

(f)  the  establishment,  appointment,  maintenance,  management  and  superintendence  of  centres 
established by the Central Government under sub-section (1) of section 71 and appointment, training, 
powers and duties of persons employed in such centres; 

(g) the term of office of, the manner of filling casual vacancies of, and the allowances payable to, 
the  Chairman  and  members  of  the  Narcotic  Drugs  and  Psychotropic  Substances  Consultative 
Committee and the conditions and restrictions subject to which a non-member may be appointed to a 
sub-committee under sub-section (5) of section 6; 

(h) any other matter which is to be, or may be, prescribed. 

77. Rules and notifications to be laid before Parliament.—4[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], before each House of Parliament while it is in session, for a total period of 
thirty days which may be comprised in one session or in two or more successive sessions, and if, before 
the  expiry  of  the  session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both 
Houses agree in making any modification in the rule or notification or both Houses agree that the rule or 
notification should not be made or issued, the rule or the notification shall thereafter have effect only in 
such  modified  form  or  be of  no  effect,  as  the  case  may  be; so,  however, that  any  such  modification  or 
annulment  shall  be  without  prejudice  to  the  validity  of  anything  previously  done  under  that  rule  or 
notification. 

1. Ins. by Act 9 of 2001, s. 39 (w.e.f. 2-10-2001). 
2. Ins. byAct 2 of 1989, s. 21 (w.e.f. 29-5-1989). 
3. Clause (db) omitted by Act 28 of 2016, s. 227 (w.e.f. 1-6-2016). 
4. Subs. by Act 9 of 2001, s. 40, for certain words, brackets, figures and letter (w.e.f. 2-10-2001). 

44 

 
 
 
 
 
 
 
 
                                                           
78. Power of State Government to make rules.—(1) Subject to the other provisions of this Act, the 
State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of 
this Act. 

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any 

of the following matters, namely:— 

(a) the conditions and the manner in which narcotic drugs and psychotropic substances shall be 
supplied for medical necessity to the addicts registered with the State Government and others under 
sub-section (1) of section 71; 

(b)  the  establishment,  appointment,  maintenance,  management,  superintendence  of  centres 
established  under  sub-section  (1)  of  section  71  and  appointment,  training,  powers  and  duties  of 
persons employed in such centres; 

(c) any other matter which is to be, or may be, prescribed. 

(3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is 

made, before the Legislature of that State. 

79. Application of the Customs Act, 1962.—All prohibitions and restrictions imposed by or under 
this  Act  on  the  import  into  India,  the  export  from  India  and  transhipment  of  narcotic  drugs  and 
psychotropic  substances  shall  be  deemed  to  be  prohibitions  and  restrictions  imposed  by  or  under  the 
Customs Act, 1962 (52 of 1962) and the provisions of that Act shall apply accordingly: 

Provided that, where the doing of anything is an offence punishable under that Act and under this Act, 

nothing in that Act or in this section shall prevent the offender from being punished under this Act. 

80. Application of the Drugs and Cosmetics Act, 1940 not barred.—The provisions of this Act or 
the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 
1940 (23 of 1940) or the rules made thereunder.  

81.  Saving  of  State  and  special  laws.—Nothing  in  this  Act  or  in  the  rules  made  thereunder  shall 
affect the validity of any Provincial Act or an Act of any State Legislature for the time being in force, or 
of any rule made thereunder which imposes any restriction or provides for a punishment not imposed by 
or provided for under this Act or imposes a restriction or provides for a punishment greater in degree than 
a corresponding restriction imposed by or a corresponding punishment provided for by or under this Act 
for  the  cultivation  of  cannabis  plant  or consumption of,  or traffic in, any  narcotic drug  or  psychotropic 
substance within India.  

82. Repeal and savings.—(1) The Opium Act, 1857 (13 of 1857), the Opium Act, 1878 (1 of 1878) 

and the Dangerous Drugs Act, 1930 (2 of 1930) are hereby repealed. 

(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or 
taken under any of the enactments repealed by sub-section (1) shall, in so far as it is not inconsistent with 
the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of 
this Act. 

83. Power to remove  difficulties.—(1)  If  any  difficulty  arises  in  giving  effect to  the  provisions  of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions 
not inconsistent with the provisions of this Act as appear to it to be necessary or expedient  for removing 
the difficulty: 

Provided that no such order shall be made after the expiry of a period of three years from the date on 

which this Act receives the assent of the President.  

(2) Every order made under this section shall, as soon as may be after it is made, be laid before the 

Houses of Parliament. 

45 

 
 
 
THE SCHEDULE 

[See clause (xxiii) of Section 2] 

LIST OF PSYCHOTROPIC SUBSTANCES 

Sl. 
No. 

International  non-proprietary 
names 

Other  nonproprietary 
names 

Chemical name 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

DET 

DMHP 

N, N-Diethyltryptamine 

3-(1,2-Dimethylheptyl)-1-hydroxy-7, 
8, 9, 10-tetrahydro 6, 6, 9-trimethyl-
6H-dibenzo [b, d] pyran 

DMT 

N, N-Dimethyltryptamine 

(+)-LYSERGIDE 

LSD, LSD-25 

mescaline 

parahexyl 

(+)-N, N-Diethyllysergamide (d-
lysergic acid diethylamide) 

3, 4, 5-Trimethoxyphenethylamine 

3-Hexyl-1-hydroxy-7, 8, 9, 10-
tetrahydro-6, 6, 9-trimethyl-6H-
dibenzo [b, d] pyran 

ETICYCLIDINE 

PCE 

N-Ethyl-1-phenylcyclohexylamine 

ROLICYCLIDINE 

PHP, PCPY 

1-(1-phenylcyclohexyl) pyrrolidine 

psilocine, psilotsin 

3-(2-Dimethylaminoethyl)-4-
hydroxyindole 

PSILOCYBINE 

TENOCYCLIDINE 

STP, DOM 

TCP 

THC 

DOB 

MDA 

AMPHETAMINE 

DEXAMPHETAMINE 

MECLOQUALONE 

METHAMPHETAMINE 

METHAQUALONE 

METHYLPHENIDATE 

PHENCYCLIDINE 

PCP 

PHENMETRAZINE 

46 

3-(2-Dimethylaminoethyl)-indol-4-yl 
dihydrogen phosphate 

2-Amino-1-(2, 5-dimethoxy-methyl) 
phenylpropane 

1-[1-(2-Thienyl) cydohexyl] piperidine 

Tetrahydrocannabinols, the following 
isomers: Δ6a(10a), Δ6a(7), Δ7, Δ8, Δ9, 
Δ10, Δ9(11) and their stcreochemical 
variants 

2, 5-dimethoxyl-4-bromoamphetamine 

3, 4-methylenedioxyamphetamine 

(±)-2-Amino-1-phenylpropane 

(+)-2-Amino-1-phenylpropane 

3-(o-Chlorophenyl)-2-methyl-4(3H)- 
quinazolinone 

(+)-2-Methylamino-1-phenylpropane 

2-Methyl-3-0-tolyl-4-(3H)-
quinazoinone 

2-Phenyl-2(2-piperidyl) acetic acid, 
methyl ester 

1-(1-Phenylcyclohexyl) piperidine 

3-Methyl-2-phenylmorpholine 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
International  non-proprietary 
names 

Other  nonproprietary 
names 

Chemical name 

Sl. 
No. 

24 

AMOBARBITAL 

25 

CYCLOBARBITAL 

26 

27 

GLUTETHIMIDE 

PENTAZOCINE 

28 

PENTOBARBITAL 

29 

SECOBARBITAL 

30 

ALPRAZOLAM 

31 

32 

33 

AMFEPRAMONE 

BARBITAL 

BENZPHETAMINE 

34 

BROMAZEPAM 

35 

CAMAZEPAM 

36 

CHLORDIAZEPOXIDE 

37 

CLOBAZAM 

38 

CLONAZEPAM 

39 

CLORAZEPATE 

40 

CLOTIAZEPAM 

41 

CLOXAZOLAM 

42 

DELORAZEPAM 

5-Ethyl-5-(3-methylbutyl) barbituric 
acid 

5-(1-Cyclohexen-1-yl)-5-ethyl-
barbituric acid 

2-Ethyl-2-phenylglutarimide 

1, 2, 3, 4, 5, 6-Hexahydro-6, 11-
dimethyl-3-(3-methyl-2-butenyl)-2, 6-
methano-3 benzazocin-8-ol 

5-Ethyl-5-(1-methylbutyl) barbituric 
acid 

5-Allyl-5-(1-methylbutyl) barbituric 
acid 

8-Chloro-1-methyl-6-phenyl-4H-s-
triazolo [4, 3-a] [1, 4] benzodiazepine 

2-(Diethylamino) propiophenone 

5, 5-Diethylbarbituric acid 

N-Benzyl-N, α-dimethylphenethyl-
amine 

7-Bromo-1, 3-dihydro-5-(2-pyridyl)-
2H-1, 4-benzodiazepin-2-one. 

7-Chloro-1, 3-dihydro-3-hydroxy-1-
methyl-5-phenyl-2-H-1, 4 benezo-
diazepin-2-one dimethylcarbamate 
(ester) 

7-Chloro-2-(methylamino)-5-phenyl-
3H-1, 4-benzodiazepine-4-oxide 

7-Chloro-1-methyl-5-phenyl-1H-1, 5-
benzodiazepine, 2, 4 (3H, 5H)-dione 

5-(o-Chlorophenyl)-1, 3-dihydro-7-
nitro-2H-1, 4-benzodiazepin-2-one 

7-Chloro-2, 3-dihydro-2-oxo-5-phenyl-
1H, 4-benzodiazepine-3-carboxylic 
acid 

5-(0-Chlorophenyl)-7-ethyl-1, 3-
dihydro-1-methyl-2H-thieno [2, 3-e]-1, 
4-diazepine-2-one 

10-Chloro-11b-(o-chlorophenyl)-2, 3, 
7, 11b-tetrahydro-oxazolo-[3, 2-d] [1, 
4] benzodiazepine-6 (5H)-one 

7-Chloro-5-(o-chlorophenyl)-1, 3-
dihydro-2H-1, 4-benzodiazepin-2-one 

47 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
International  non-proprietary 
names 

Other  nonproprietary 
names 

Chemical name 

Sl. 
No. 

43 

DIAZEPAM 

44 

ESTAZOLAM 

45 

46 

47 

ETHCHLORVYNOL 

ETHINAMATE 

ETHYLLOFLAZEPATE 

48 

FLUDIAZEPAM 

49 

FLUNITRAZEPAM 

50 

FLURAZEPAM 

51 

HALAZEPAM 

52 

HALOXAZOLAM 

53 

KETAZOLAM 

54 

LEFETAMINE 

SPA 

55 

LOPRAZOLAM 

56 

LORAZEPAM 

57 

LORMETAZEPAM 

58 

MAZINDOL 

48 

7-Chloro-1, 3-dihydro-1-methyl-5-
phenyl-2H-1, 4-benzodiazepin-2-one 

8-Chloro-6-phenyl-4H-s-triazolo [4, 
3-a], [1, 4] benzodiazepine 

Ethyl-2-chlorovinylethynylcarbinol 

1-Ethylnylcyclohexanolcarbamate 

Ethyl 7-chloro-5-(o-fluorophenyl)-2, 
3-dihydro-2-oxo-1H-1, 4-benzo-
diazepine-3-carboxylate 

7-Chloro-5-(o-fluorophenyl)-1, 3-
dihydro-1-methyl-2H-1, 4-benzo-
diazepine-2-one 

5-(o-Fluorophenyl)-1, 3-dihydro-1-
methyl-7-nitro-2H-1, 4-benzo-
diazepin-2-one 

7-Chloro-1-[2-(diethylamino) ethyl]-
5-(o-fluorophenyl)-1, 3-dihydro-2H-
1, 4-benzo-diazepin-2-one 

7-Chloro-1, 3-dihydro-5-phenyl-1-(2, 
2, 2-trifluoroethyl)-2H-1, 4-benzo-
diazepin-2-one 

10-Bromo-11b-(o-fluorophenyl)-2, 3, 
7, 11b-tetrahydrooxazolo [3, 2-d] [1, 
4] benzodiazepine-6, (5H)-one 

11-Chloro-8, 12b-dihydro-2, 8-
dimethyl-12b-phenyl-4H-[1, 3]-
oxazino-[3, 2-d] [1, 4] 
benzodiazepine-4, 7(6H)-dione 

(—)-1-dimethylamino-1, 2diphenyl-
ethane 

6-(o-Chlorophenyl)-2, 4-dihydro-2-
[(4 methyl-1-piperazinyl) metnylene]-
8-nitro-1H-imidazo [1, 2-0] [1, 4] 
benzodiazepin-1-one 

7-Chloro-5-(o-chlorophenyl)-1, 3-
dihydro-3-hydroxy-2H-1, 4-benzo-
diazepine-2-one 

7-Chloro-5-(o-chlorophenyl)-1, 3-
dihydro-3-hydroxy-1-methyl-2H-1, 4-
benzcxiiazepine-2-one 

5-(P-Chlorophenyl)-2, 5-dihydro-3-
H-imidazo [2, 1-x] isoindol-5-01 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
International  non-proprietary 
names 

Other 
names 

nonproprietary 

Chemical name 

Sl. 
No. 

59 

MEDAZEPAM 

60 

MEPROBAMATE 

61 

METHYLPHENOBARBITA
L 

62 

METHYPRYLON 

63 

NIMETAZEPAM 

64 

NITRAZEPAM 

65 

NORDAZEPAM 

66 

OXAZEPAM 

67 

OXAZOLAM 

68 

PHENDIMETRAZINE 

69 

70 

71 

PHENOBARBITAL 

PHENTERMINE 

PINAZEPAM 

72 

PIPRADROL 

73 

PRAZEPAM 

74 

TEMAZEPAM 

75 

TETRAZEPAM 

76 

TRIAZOLAM 

7-Chloro-2, 3-dihydro-1-methyl-5-
phenyl-1H-1, 4-benzodiazepine 

2-Methyl-2-propyl-1, 3-propanediol 
dicarbamate 

5-Ethyl-1-methyl-5-phenylbarbituric 
acid 

3, 3-Diethyl-5-methyl-2, 4 piperidine-
dione 

1, 3-Dihydro-1-methyl-7-nitro-5-
phenyl- 2-H-1, 4-benzodiazepin-2-
one 

1, 3-Dihydro-7-nitro-5-phenyl-2H-1, 
4-benzodiazepin-2-one 

7-Chloro-1, 3-dihydro-5-phenyl-1 
(2H)-1, 4-benzodiazepin-2-one 

7-Chloro-1, 3-dihydro-3-hydroxy-5-
phenyl -2H-1, 4-benzodiazepin-2-one 

10-Chloro-2, 3, 7, 11b-tetrahydro-2-
methyl-11b-phenyl-oxazolo [3, 2-d] 
[1, 4] benzodiazepin-6 (5H)-one 

(+)-3, 4-Dimethyl-2-phenyl-
morpholine 

5-Ethyl-5-phenylbarbituric acid 

£, £-Dimethylphenethylamine 

7-Chloro-1, 3-dihydro-5-phenyl-1-(2-
propynyl)-2H-1, 4-benzodiazepin-2-
one 

1-1-Diphenyl-1-(2-piperidyl)-
methanol 

7-Chlorol-(cyclopropylmethyl)-1,-3-
dihydro-5-phenyl)-2H-1, 4-benzo-
diazepin-2-one 

7-Chloro-1, 3-dihydro-3-hydroxy-1-
methyl-5-phenyl -2H-1-4-benzo-
diazepin-2-one 

7-Chloro-5-(cycloexen-1-yl)-1, 3-
dihydro-1-methyl-2H-1, 4-benzo-
diazepin-2-one 

8-Chloro-6-(o-chlorophenyl)-1-
methyl-4H-s-triazodo[4,3-a] [1,4] 
benzodiazepine. 

49 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1[77.  CATHIONE 

78. 

79. 

80. 

81. 

82. 

83. 

84. 

85. 

86. 

87. 

FENETYLINE 

DMA 

DOET 

MDMA 

4-methylaminorex 

MMDA 

N-ethyl MDA 

N-hydroxy MDA 

PMA 

TMA 

(--)-(S)-2-aminopropophenone 

(±)-2,5-dimethoxy-a-
methlyphenethylamine 

(±)-4 ethyl -2, 5-dimethoxy-a-
phenethylamine 

(±)-N, a-dimethyl-3. 4- (methylene-
dioxy) phenethylamine 

(±)-cis-2-amino-4-methyl-5-phcnyl-2-
oxazoline 

2-methoxy-a-methyl-4-5, (methylene-
dioxy) phenethylamine 

(±) N-ethyl-u-methyl-4, 4 (methylene-
dioxy) phenethylamine 

(±) -N (u-methyl 3, 4- 
(methylenedioxy) phenethy 
hydroxylamine 

p-methoxy-a-methylphenethyamine 

(±) -3,4, 5-trimethoxy-a-
methylphenethy-lamine 

7-(2-(ø-methylphenethyl) amino) 
ethyl-) theophyline 

88. 

LEVAMFETAMINE 

levamphetamine 

(--)-(R)- ø- 

89. 

90. 

91. 

lovomethamphetamine 

(--)-N-[ ø- 

methylphenethylamine 

METAMFETAMINE 
RACEMATE 

Methamphetamine 
mecnate 

methylphenethylamine 

(±)-N-ø- 

dimethylphenethylamine 

Delta-9-***tetrahy-
drocannabinol and 
stereochemical variants 

(6a-R, 10aR)-6a, 7, 8, 10a- 
tctrahydro-6, 6, 9-trimethyl-3-penty 
611-dibenzo [b-d] pyran-OI 

92.  

BUPRENORPHINE 

21, cyclopropyl-7-cc-[(S)-I-hydroxy-
1-2,2-trimethyl-propyl] 6/14-endo-
ethano-6-7,8,14-tetra-hydrooripavine 

5-allyl-5-isobutylbarbituric acid 

(+)-(R)-ø-[(R)-I-aminoethyl] 

Benzyl alcohol 

93. 

94. 

95. 

96. 

97. 

98. 

BUTALBITAL 

CATHINE 

(+)-norpseudo-
ephedrine 

ALLOBARBITAL 

MEFENOREX 

5,5-diallybarbituric acid 

ETILAMFETAMINE 

N-ethylamphetamine 

N-ethyl-ø- 

FENCAMEFAMIN 

FENPROPOREX 

methylphenethylamine 

N-ethyl-3-phenly-2-norbornanmine 

(±) -3-[(??-methyphenethy) amino] 
propioxitrile 

1. Ins. by S.O. 785(E), dated 26th October, 1992. 

50 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
99. 

MEFENOREX 

100. 

101. 

MIDAZOLAM 

PEMOLINE 

102. 

PYROVAERONE 

SECBUTABARB1TAL 

VINYLBITAL 

103. 

104. 

105. 

1[105A
. 

N(3 chloropropyl)-a-methylphenethy-
lamine 

8-chloro-6-a-(o-fluorophenyl)-1-
methyl-4H-imidazol (1, 5-a] [1, 4] 
benzodiazepine 

2-amino-5-phenyl-2-oxazolin-4-one(-
2-imino-5-phenyl-4-oxazolidinone) 

4-methyl-2-(1-pyrrolidinyl) 
valerophenone 

5-sec-butyl-5-ethylbarbituric acid 

5-(1- methylbutyl)-5vinylbarbituric 
acid 

ETRYPTAMINE 

(3-(2-aminobutyl) indole) 

rutobarbital 

5-butyl-5-ethylbarbituric acid] 

105B.  METHCATHINONE 

105C.  ZIPEPROL 

105D.  AMINOREX 

105E.  BROTIZOLAM 

105F.  MESOCARB 

2[106. 

107. 

108. 

109. 

3[110. 

Salts  and  preparations  of 
above.] 

(2-(methylamino)-1 phenylpropan-1-
one) 

(ø-(ø-methoxybenzyl)-4 
(methoxyphenethyl)-1-
(piperazineetha-nol) 

(2-amino-5-phenyl-2-oxazoline) 

(2-bromo-4-) 0-chlorophenyl)-9-
methyl-6H-thieno (3,2-f)-s-triazolo 
[4,3,-a) (1,4} diazepine) 

(3-(ø-methylphenethyl-N-
(phenylerbamoyl) Sydnone imine]. 

2C.-B(4-bromo-2, 
5dimethoxyphenethylamine) 

4-MTA (ø* Methyl-4-
Mthylthiophenethylamine) 

GHB (r-Hydroxybutyric Acid) 

Zolpidem (INN)] 

4[110A.  Ketamine 

5[110B.  MEPHEDRONE 

2-(2-cholorphenyl)-2-(methylamino) 
cyclohexanone] 

4-methylmethcathinone 
(4-MMC) 

(RS)-2-methylamino-1-(4-
methylphenyl) propan-1-one. 

4-methylephedrone 

6[110C.  25B-NBOMe 

2C-B-NBOMe 

2-(4-brome-2,5-dimethoxyphenyl)-N-

1. Ins. by S.O. 39(E), dated 12th January, 1996. 
2. Ins. by G.S.R. No. 475(E), dated 11th June, 2003. 
3. Entry 77 re-numbered as Entry 106 by S.O. 785(E), dated 26th October, 1992. 
4. Ins. by vide Notification No. S.O. 311(E) dated 10.02.2011. 
5. Ins. by vide Notification No. S.O. 376(E) dated 05.02.2015.  
6. Ins. by vide Notification No. S.O. 2374(E) dated 12.07-2016. 

51 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
(2-methoxybenzyl) ethanamine 
2-(4-chloro-2,5- dimethoxyphenyl)-
N-(2-methoxybenzyl) ethanamine 
2-(4-iodo-2,5-dimethoxyphenyl)-N-
(2-methoxybenzyl) ethanamine 
1-benzylpiperazine 
Naphthalene-1-yl(1-pentyl-1H-indol-
3-yl) methanone 
[1-(5-Fluoropentyl)-1H-indol-3-yl] 
(naphthalen-1-yl) methanone 
(R/S)-1—(Benzo[d][1,3] dioxol-5-
yl)-2-(pyrrolidine-1-yl) 
Pentan-1-one 
(RS)-2-methylamino-1-(3,4-
methylenedioxyphenyl) propan-1-
one] 
1-(4—methoxyphenyl)-N-
methylpropan-2-amine 

1-phenyl-2-(pyrrolidine-1-yl) pentan-
1-one 

4-methyl-5-(4-methylphenyl)-4,5-
dihydro-1,3-oxazol-2-amine 

2-(ethylamino)-2-(3-methoxyphenyl) 
cyclohexanone 
7-bromo-5-(2- chlorophenyl)-1,3-
dihydro-2H-1,4-benzodiazepin-2-
one.] 

110D. 

25C-NBOMe 

2C-C-NBOMe 

110E. 

25I-NBOMe 

2C-I-NBOMe 

110F.  N-BENZYLPIPERAZINE 
110G. 

JWH-018 

Benzylpiperazine, BZP 
AM-678 

110H.  AM-2201 

JWH-2201 

3,4-
Methylenedioxypyroval
erone 

Beta-keto-MDMA 

para-
Methoxymethylamphet
amine,PMMA 
a-
Pyrrolidinovaleropheno
ne, a-PVP 
para-Methyl-4-
ethylaminorex, 4,4’-
DMAR 
Methoxetamine,MXE 

Phenazepam 

4-MEC 

MPA 

5F-AKB-48 

110I. 

MDPV 
110J.  METHYLONE 

1[110K. 

110L. 

110M. 

110N. 

110O. 

2[110P  4-Methylethcathinone 
110Q 

Ethylone 
Pentedrone 
Ethylphenidate 

110R 

110S 

110T  Methiopropamine 
110U  MDMB-CHMICA 
110V 

5F-APINACA 

110W  XLR-11 
110X 

3[110Y  Tramadol 
4[110Z 

1. Ins. by vide Notification No. S.O. 1383(E) dated 02.05.2017. 
2. Ins. by vide Notification No. S.O. 0821(E) dated 27.02.2018. 
3. Ins. by vide Notification No. S.O. 1761(E), dated 26.04.2018. 
4. Ins. by vide Notification No. S.O. 1352(E), dated 13.03.2019. 

52 

Catha Edulis (Dry Chatt 
or Mira Leaves Dry 
Chat Edulish)] 

] 

AB-CHMINACA 

N-[(2S)-1-Amino-3-methyl-1-
oxobutan-2-yl]-1-(cyclohexylmethyl)-
1H-indazole-3-carboxamide 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
110ZA 

110ZB 

110ZC 

110ZD 

5F-ADB(5F-MDMB-
PINACA) 

AB-PINACA 

UR-144 

5F-PB-22 

Methyl(2S)-2-{1-5-fluorophentyl)-
1H-indazole-3-carbonylamino}-3,3- 
dimethylbutanoate 

N-[(2S)-1-Amino-3-methyl-
1oxobutan-2yl]-1-penty1H-indazole 
3-carboxamide 

(1-Penty-1 H-indol-3-yl) (2,2,3,3-
tetramrthylcyclopropyl) methanone 

Quinolin-8-yl 1-(5-fluropenthl)-1h-
inodole-3-carboxylate 

110ZE  4-Fluoroamphetamine 

4-FA 

1-(4-Fluorophenyl) propan-2-amine.] 

AB-FUBINACA 

N-[(2S)-1-amino-3-methyl-1-
oxobutan-2-yl]-1-[4-fluorophenyl) 
methyl] indazole-3-carboxamide 

5F-AMB-PINACA (5F-
AMB,5F-MMB-
PINACA) 

Methyl 2-({[1-5-fluoropenty)-1H-
indazol3yl] carbonyl} amino)-3-
methylbutanoate 

5F-MDMB-PICA (5F-
MDMB-2201) 

Methyl(S)-2-(1-5-fluoropentyl)-1H-
indole-3- carboxamido)-3,3-
dimethylbutanoate 

4F-MDMB-BINACA  Methyl(S)-2-(1-(4-fluorobutyl)-1H-

indazole-3-carboxamido)-3,3-
dimethylbutanoate 

4-CMC (4-
chloromethcathinone) 

clephedrone 

1-(4-chlorophenyl)-2-(methylamino)-
1-propanone 

N-ethylhexedrone 

2-(Ethylamino)-1-phenyl-1-hexanone 

1[110ZF. 

110ZG 

110ZH 

110ZI 

110ZJ 

110ZK 

110ZL 

110ZM 

Alpha-PHP 

flualprazolam 

DOC 

ADB-FUBINACA 

(RS)-1-Phenyl-2-(pyrrolidine-1-
yl)hexan-1-one 

8-Chloro-6-(2-fluoro-phenyl)-1-
methyl-4hbenzo[f][1,2,4]triazolo[4,3-
a][1,4]diazepime 

4-(2-Chlorophenyl)-2-ethyl-9-methyl-
6H-thieno[3,2-
f][1,2,4]triazolo[4,3a][1,4]diazepine 

4-Chloro-2,5- 

dimethoxyamfetamine 

N-[(2S)-1-amino-3,3-dimethyl-1-
oxobutan-2-yl]-1-[4-
fluorophenyl)methyl]-1Hindazole-3-
carboxamide 

FUB-
AMB,MMBFUBINAC
A,AMBFUBINACA 

Methyl(2S)-2-({1-[4-
fluorophenyl]methyl-1Hindazole-3-
carbonyl} amino)-3-methylbutanoate 

CUMYL-4CNBINACA  1-(4-cyanobutyl)-N-(2-phenylpropan-

ADB-

2-yl)-1Hindazole-3-carboxamide 

N-[(2S)-1-amino-3,3-dimethyl-1-

110ZN  Etizolam 

110ZO 

110ZP 

110ZQ 

110ZR 

110ZS 

1. Ins. by vide Notification No. S.O. 1275(E), dated 23.03.2021 

53 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                           
110ZT 

CHMINACA,MAB-
CHMINACA 

oxobutan-2-yl]-1-(cyclohexylmethyl)-
1H-indazole-3-carboxamide 

N-ethylnorpentylone 

1-(2H-1,3-benzodioxol-5-yl)-2-
(ethylamino)pentan-1-one”.] 

54 

 
 
 
