narcotic drugs and psychotropic … drugs and psychotropic substances laws containing narcotic drugs...

NARCOTIC DRUGSAND PSYCHOTROPICSUBSTANCES LAWSContaining

Narcotic Drugs and Psychotropic Substances Act, 1985Narcotic Drugs and Psychotropic Substances Rules, 1985Narcotic Drugs and Psychotropic Substances (National Fund for Control of DrugAbuse) Rules, 2006Appellate Tribunal for Forfeited Property (Procedure) Rules, 1989Appellate Tribunal for Forfeited Property (Conditions of Service of Chairman andMembers) Rules, 1989Narcotic Drugs and Psychotropic Substances (Authentication of Documents) Rules,1992Narcotic Drugs and Psychotropic Substances (Execution of Bond by Convicts orAddicts) Rules, 1985Narcotic Drugs and Psychotropic Substances Consultative Committee Rules, 1988Illegally Acquired Property (Receipt Management and Disposal) Rules, 1989Appellate Tribunal for Forfeited Property (Fees) Rules, 1989Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances)Order, 1993Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988Notification Specifying Small and Commercial Quantities

By:K.M Shanna & S.P. Mago

(Advocates)

KAMAL PUBLISHERSD-232, Sarvodaya Enclave, New Delhi - 110017Phone : 26964938, 9899338766, 9899697939

CONTENTS

THE NARCOTIC DRUGS AND PSYCHOTROPICSUBSTANCES ACT, 1985

Statement of Objects and Reasons 1

CHAPTER 1

PRELIMINARY

1. Short title, extent and commencement 4

2. Definitions 4

1. Acquittal by H.C 11

2. Bail 11

3. Bail — Granting/Refusal of 12

4. Bail—Poppy straw—Recovery of 35 kgs 13

5. Bail—Recovered Heroin—Contradictory reports of two laboratories —

Effect 13

6. Forfeiture of property 14

7. Illrd bail application—Consideration of 14

8. Mandatory provision — Non-compliance — Appeal against acquittal 15

9. Narcotic Law 1510. Powder of Oxezepam—Quantity—Estimation—Small quantity defined

20gms 15

11. Recovery 16

12. Recovery of Ganja, 1.61 Kgs 16

3. Power to add to or omit from the list of psychotropic substances 17

1. Order of detention passed by special officer—Empowered under Section

specially 17

CHAPTER 2

AUTHORITIES AND OFFICERS4. Central Government to take measures for preventing and combating abuse

of and illicit traffic in narcotic drugs, etc 18

1. Mere fact that some of the officers of the NCB are also authorised toexercise 19

2. Narcotic Control Bureau 20

3. Scope of 21

vii

viii Narcotic Drugs and Psychotropic Substances Laws

5. Officers of Central Government 21

6. The Narcotic Drugs and Psychotropic Substances Consultative Committee 22

7. Officers of State Government 22

CHAPTER IIA

NATIONAL FUND FOR CONTROL OF DRUG ABUSE

7A. National Fund for Control of Drug Abuse 23

7B. Annual report of activities financed under the fund 24

CHAPTER 3

PROHIBITION, CONTROL AND REGULATION

8. Prohibition of certain operations 24

8A. Prohibition of certain activities relating to property derived from offence 25

1. Accused persons were suspected of having concealed certain foreignsubstance in their body cavity 27

2. Acquittal on ground of chemical analysis by non-prescribed laboratory 293. Acquittal—Challenged by state 294. Adverse inference 295. Applicability of amended provisions to pending appeal 306. Bail—Charas—Recovery of 400 gms 307. Bail—During pendency of appeal—Recovery of 75 gms. charas 308. Bail—Grant/reject of 309. Bail—House of applicant searched but nothing incriminating recovered 31

10. Bail—Poppy straw—Recovery of 35 kgs 3111. Bail—Recovery of 14.550 kg. of Heroin 3112. Bail—Recovery of 15 gms. smack—No public witness of recovery 3213. Bail—Recovery of 34 kilograms of poppy husk 3214. Both attesting witnesses turned hostile—Police witnesses—Solitary and

uncorroborated testimony—Not of sterling worth—Appellant acquitted 3315. Chemical Examination report not tendered in evidence by any witness—

Court suo motu marked it as exhibit—The same can't be taken intoconsideration 34

16. Confession—Retracted 3517. Contraband seized—Conviction and sentence 3518. Contraband seized—Conviction and sentence 3619. Contraband seized—Conviction and sentence—Spot witnesses turned

hostile 3620. Contraband seized—Deposited with one "A" incharge of Malkhana 3721. Contraband—Hostile witness 3822. Contraband—Huge quantity 3823. Conviction and sentence by Special Judge 3824. Conviction and sentence. 38

Contents ix

25. Conviction and sentence—Appeal—Ganja recovered—Two witnesses ofpublic 39

26. Conviction for carrying toddy mixed NDPS 4027. Conviction on the basis of retracted confession 4128. Conviction—Violation of Section 50—No independent witness 4129. Correction of name of accused in seizure memo—Effect of. 4130. Criminal Trial—Vehicle seized—Owner was not heard—Confiscation 4131. Double jeopardy — Conviction under Indian as well as USA Laws —

Quashing of proceedings — Distinct offences 4232. Final report—Filing of—Strange 4233. In the warrant of commitment to jail 4334. Interim custody of vehicle—Recovery of illicit Ganja and arms 4335. Mandatory provision of Section 50 has not been complied with by

prosecution—Samples recovered from accused on the spot bear differentdates of seizure 43

36. No evidence about custody of contraband from date of its seizure tillproduction before court—Investigation done by complainant police officer—Conviction and sentence set aside 44

37. No indication in the charge as to who caught hold the accused—Whomade search on him and who recovered charas from his possession andwho prepared "fard"—No conviction and sentence can be passed on suchvague and ambiguous charge 45

38. Non-application of mind 4539. Offences under—Absconding for a long time 4540. Offence under—Farming of charges—Principles of 4641. Offences under—Information received by IO not reduced in writing 4742. Offence under—Recovery of contraband 4943. Officials of Narcotic Department claimed themselves to be experts in opium

testing by smell or observation 4944. Opium recovered from tool box of vehicle—Proof of possession of

contraband * 5045. Possession of narcotic drugs—Information of 5046. Power of Inspector of Custom to file complaint 5147. Principle of. 5148. Proof of possession of contraband by circumstantial evidence 5149. Proof of possession of contraband recovered from jeep 5150. Proof of recovery of poppy husk from possession of the accused 5151. PW 1 not reduced secret information into writing 5152. Recovered "Bhang"—Proceedings under 5253. Recovered heroin—Conviction and sentence—No compliance of Section 57 SI54. Recovered opium—Conviction and sentence—Challenged—No

compliance of Rule 13 and 26 5355. Recovery of 4 k.g. charas—Conviction and sentence 5456. Recovery of Charas and Ganja—Conviction and sentence—Appeal 59

Narcotic Drugs and Psychotropic Substances Laws

57. Recovery of Charas 6058. Recovery of contraband (opium) from possession of accused 6059. Recovery of contraband—Proof of 6060. Recovery of opium from room 6161. Recovery of Morphine Heroin — Appeal against acquittal — Confessions.... 6162. Recovery of opium—Applicability of section 50—Appeal against acquittal... 62"63. Recovery of opium—Proof of 6264. Recovery of smack—Conviction and sentence—Search conducted without

warrant 6265. Release of juvenile on bail engaged in dealing with NDPS 6266. Scope of 6267. Search and seizure 6268. Search and seizure—Validity of 6369. Seized contraband under—Conviction and sentence 6370. Seizure of narcotic drugs in pocket—Conviction and sentence 6471. Sought cancellation of bail 6572. Vague and ambiguous charge—No reliable evidence on the point of

catching hold of accused 6673. Witnesses have turned hostile 67

74. Witnesses of fard of search and seizure declared hostile 67

9. Power of Central Government to permit, control and regulate 68

1. Report of Chemical examiner 71

9A. Power to control and regulate controlled substances 72

1. Conviction under 722. Efficacy of law 723. Sentence imposed by High Court—Legality of 73

10. Power of State Government to permit, control and regulate 73

11. Narcotic drugs and psychotropic substances, etc., not liable to distress orattachment 75

12. Restrictions over external dealings in narcotic drugs and psychotropicsubstances............................................................................................ 76

1. Double jeopardy—Conviction under Indian as well as USA Laws—Quashing of proceedings—Distinct offences 75

13. Special provisions relating to coca plant and coca leaves for use in thepreparation of flavouring agent........ 76

14. Special provision relating to cannabis 76

CHAPTER 4

OFFENCES AND PENALTIES

15. Punishment for contravention in relation to poppy straw... . .... 76

1. 18 bags of poppy straw—No independent witness—Non-compliance ofSection 42 and 50 78

Contents xi

2. 40 kg. Poppy Husk recovered from truck—Conviction and sentence—Possession not proved 80

3. Acquittal by H.C 814. Affidavits of police officer not put to accused when he was examined under

Section 313 CrPC 815. Alternative charge—Driver of vehicle 826. Anticipatory bail—40 kgs poppy husk recovered 827. Appeal against acquittal — Rejected summarily .-. 828. Arrest under NDPS Act 839. Bail—Grant/Rejection of—Two other co-accused already obtained bail—

Rest the facts are similar as the co-accused—Granted bail 8310. Bail—Poppy straw—Recovery of 35 kgs 8411. Bail—Recovery of 20 gms charas and 20 gm. Smack 8412. Bail—Recovery of 63 kg of poppy husk 8513. Bail—Recovery of 675 gms of Hashish—Below commercial quantity—

Foreigner—Determination of 8514. Both attesting witnesses turned hostile—Police witnesses—Solitary and

uncorro-borated testimony—Not of sterling worth—Appellant acquitted..... 8515. Conscious possession 8716. Contraband recovered not from person of accused—But the same

recovered from bag which was being carried by accused 8717. Contraband seized—Conviction and sentence. 8818. Contraband seized—Deposited with one "A" incharge of Malkhana 8919. Contraband—Hostile witness 9020. Contraband—Huge quantity 9021. Conviction and sentence by Special Judge 9022. Conviction under 9023. Conviction under—Poppy husk bags 9024. Criminal Trial—Vehicle seized—Owner was not heard—Confiscation 9125. Delay of 18 days in sending sample — Not explained 9126. Doubtful recovery of contraband 9327. Ingredients—Possession is core ingredient to be established—Before the

accused in the case are subjected to the punishment under Section 9328. Offence of possessing of narcotic drugs—Proof of 9529. Offence under 9530. Offence under—Farming of charges—Principles of 9631. Poppy straw—Recovery and seizure of—From truck driver 9832. Presumption—About possession 9833. Prosecution produced affidavit of witness—Same was taken into evidence

by Court 9934. Recovered six begs of poppy husk—Determination of conscious

possession 10035. Recovery of 70 kgs Poppy husk 101

xii Narcotic Drugs and Psychotropic Substances Laws

36. Recovery of contraband — Search — Appeal against acquittal 10137. Recovery of six bags of poppy husk—Sample and property sealed by S.I

and not to independent witness 10238. Scope of 10239. Search and seizure 10340. Search and seizure—Poppy husk recovered 10341. Trial under „ 104

16. Punishment for contravention in relation to coca plant and coca leaves 1041. Bail—Recovery of 34 kilograms of poppy husk 105

17. Punishment for contravention in relation to prepared opium 105

1. Contraband—Recovery from Bag 1062. Illegal possession of smacks—Proof of 1063. Offence under—Conviction and sentence 1064. Scope of. 107

18. Punishment for contravention in relation to opium poppy and opium 107

1. Any quantity which is not a small quantity—But less than commercialquantity 109

2. Applicability—Act applied in its entirety irrespective of jurisdiction ofGeneral Court Martial or other courts v 109

3. Availability of benefit of amended provisions in appeal pending 1104. Bail—Accused had a licensed Bhang shop 1105. Bail—Recovery of 15 gms. smack—No public witness of recovery I l l6. Challenged by state—Acquittal I l l7. Chance recovery—Contraband 1128. Charas—Recovery of—Contradiction about recovery memo 1129. Civil offence—Section 18 is an offence 112

10. Contraband—Confession—Recovery by Custom Officer—Acquittal 11311. Contraband—Confession—Recovery by custom officer 11312. Contraband—Non appearance of counsel—Exparte conviction—High

Court convicted the appellant 11313. Contraband—Recovery from Bag 11314. Contraband—Recovery of 7.6 Kg of Opium—Conviction 11315. Contraband—Recovery of opium from Attachi-case 11416. Conviction and sentence—Appeal 11417. Conviction and sentence—Manner of recovery was doubtful 11618. Conviction under 11819. Criminal Trial—Seizure—Purpose of. 11820. Dismissal of appeal—Propriety of dismissal of appeal against acquittal

by High Court without assigning 11821. Final report—Filing of—Strange 11922. If articles sent was giving odour of opium 11923. Illegal possession of opium—Proof of 119

Contents xiii

24. Mandatory provision of Section 50lias not been complied with by prose-cution —Samples recovered from accused on the spot bear different datesof seizure 119

25. Narcotic Law—Search/arrest by an unauthorized officer—It would beillegal 120

26. No evidence about custody of contraband from date of its seizure tillproduction before court—Investigation done by complainant police officer—Conviction and sentence set aside 120

27. Offence under—Recovery of contraband 12128. Offences under Section 8 read wifh 18 of the Act 12229. Offences under—Acquittal 12230. Officials of Narcotic Department claimed themselves to be experts in opium

testing by smell or observation 12431. Possession of Heroin—Burden of proof—Appeal against acquittal 12432. PW 1 not reduced secret information into writing 12533. Recovered 5 kg. opium—Conviction and sentence 12534. Recovery of 5 kg. opium 12635. Recovery of Opium—No procedural illegality in investigation 12736. Recovery 12737. Said Section provides punishment for contravention of provisions in the

Act—In relation to opium and opium poppy 12738. Scope of 12839. Seizure of opium 12940. Special Court 129

19. Punishment for embezzlement of opium by cultivator 130

1. Recovered opium—Conviction and sentence—Challenged—No complianceof Rule 13 and 26 130

20. Punishment for contravention in relation to cannabis plant and cannabis 132

1. Accused and co-accused individually charged—Therefore acquittal ofco-accused will have no effect on conviction and sentence of accused 135

2. Accused driving scooter and co-accused was pillion 1353. Acquittal by High Court in appeal against conviction 1354. Acquittal—Appeal 1365. Admission of accused before Customs Authorities—Not hit by Section 25

and 26 of the Act, 1872 1366. All accused persons were travelling in a vehicle—They were known to each

other 1367. Appellant not guilty—For unauthorized possession of 98.16 gms.

charas—Found in envelope A if not for total quantity of 180.70 gms ascharged 137

8. Applicability of 1379. Appreciation of evidence—Recovery of charas 137

10. Availability of provisions of Amended Act—Quantum of sentence 139


11. Bail—Accused had a licensed Bhang shop 13912. Bail—Charas—Recovery of 400 gms 14013. Bail—During pendency of appeal—Recovery of 75 gms. Charas 14014. Bail—Petitioner found in possession of 2.75 kgs Ganja 14015. Confessional statement — Sole basis of the conviction — Confessional

statement was never retracted by the accused 14116. Contempt of court 14117. Contraband seized—Appeal against conviction and sentence 14218. Contraband—Bail—Cancellation of—Trial Court granted bail to accused

under section 437 Cr.P.C 14219. Conviction and sentence—Accused asked by police 14220. Conviction and sentence—Appeal 14321. Conviction and sentence—Appeal—Ganja recovered—Two witnesses of

public 14522. Conviction for cultivating cannabis plants without licence 14623. Conviction—Violation of Section 50—No independent witness 14624. Criminal Law—Contraband—Recovery of Ganja—Right of Search 14625. Criminal Law—Contraband—Recovery of 14626. Criminal Trial—Seizure—Purpose of 14727. Cultivation of Ganja plant 14728. Custody of seal and recovered substance 14729. Double jeopardy — Conviction under Indian as well as USA Laws —

Quashing of proceedings — Distinct offences 14830. Effect of absence of evidence as to which sample was taken 14831. Effect of non-compliance of mandatory provision as to search and seizure 14832. Effect of non-production of seals used for sealing contraband 14933. Entitlement of benefit of Section 41 (1) of the Amendment Act of 2001 to the

pending appeal when Amendment Act came into force 14934. Final report—Filing of—Strange 14935. Illegal possession of "charas" ~ 14936. Interim custody of vehicle—Recovery of illicit Ganja and arms 15037. Narcotic Law—Search/arrest by an unauthorized officer—It would be

illegal 150

38. No indication in the charge as to who caught hold the accused—Who madesearch on him and who recovered charas from his possession and whoprepared "fard"—No conviction and sentence can be passed on such vagueand ambiguous charge 15»

39. Offence under—Conviction and sentence to 10 years R.I. and a fine ofRs. one lac 150

40. Offence under—Conviction and sentence 15141. Offence under—Recovery of contraband 15242. Partial options on conviction—Effect of 15343. Possession of contraband and conviction thereon—Proof of 153

Contents xv

44. Possession of Heroin—Burden of proof—Appeal against acquittal 153

45. Possession—It is not possible to conclude that it was actually by him—Inso far as more person was in house 154

46. Proof and conviction—Effect of complainant investigating the case 155

47. Proof of illegal possession of charas 155

48. Proof of offence for having planted Ganja 155

49. Proof of possession of accused in respect of contraband recovered from

car driven by another 155

50. Proof of possession, search and seizure of contraband 156

51. Proof of seizure of charas and conviction of accused 156

52. Punishment for contravention 156

53. Quantum of sentence for recovery of Ganja 156

54. Quantum of sentence 156

55. Recovered "Bhang"—Proceedings under 15656. Recovered 2 kg. charas in a bag possessed by accused—Conviction and

sentence—Challenged 157

57. Recovered Ganja—Determination of conscious possession 158

58. Recovery of 2 bags of ganja, each weighing 15 kgs 158

59. Recovery of 150 gms Ganja and 32 gms Afeem—Conviction 159

60. Recovery of charas and conviction—Proof of 161

61. Recovery of Charas and Ganja—Conviction and sentence—Appeal 161

62. Recovery of charas—Conviction and sentence 162

63. Recovery of Charas 162

64. Recovery of Ganja, 1.61 Kgs 162

65. Recovery of ganja and conviction—Proof of 163

66. Restrictions under section 37 on the accused of Section 20(b)(i)—Liberalinterpretation of Section 37 not justified 163

67. Said Section provides punishment for contravening any provision of theAct—In relation to manufacturing, possession, selling, purchasing andtransporting etc. of canabis i.e. Ganja 164

68. Samples prepared 100 gms. Each 164

69. Scope of 165

70. Search and seizure of contraband—Proof of 166

71. Search and seizure of Methaquolone—Proof of 166

72. Search and seizure * 166

73. Seizure of contraband ganja 166

74. Seizure of contraband 166

75. Seizure of contraband—Proof of. 166

76. Seizure of huge quantity of ganja „ 167

77. Sentence for possession of contraband 167

78. Sentence 167

79. Special Court 167

xvi Narcotic Drugs and Psychotropic Substances Laws

80. The word 'possession' 16881. Two boys arrested with huge quantity of charas—Juvenile Court acquitted

one of them as juvenile 16882. Two kg. "Charas" was recovered—Appeal against conviction and

sentence 169

21. Punishment for contravention in relation to manufactured drugs andpreparations 171

1. Accused was told only whether he wanted to call any person known to him—It is not in compliance of Section 50 of the Act 173

2. Acquittal 1733. Arrested on a secret information for possession of lOgms smack—

Conviction and sentence 1734. Bail—Grant/rejection of 1745. Bail—Petitioner in custody from last three and half years 1746. Bail—Recovery of 14.550 kg. of Heroin 1757. Brown sugar contain heroin which is prohibited drug 1758. Brown sugar—Shortage of—In sample sent for chemical examination 1759. Confession—Retracted 178

10. Conviction and sentence—Appeal 17911. Conviction and sentence—Public witnesses—Not examined 17912. Conviction and sentence—Validity of 18013. Court granting bail — Cannot assume jurisdiction over internal affair of

irT—Accused was a student of IIT 18014. Effect of conviction under Section 22 instead of under Section 21 of the

Act 18215. Illegal possession of Contraband 18316. Manufactured drugs containing 60 grams of heroin 18317. Narcotic offence 18318. Narcotic offence 18419. Non compliance of section 52(1)—Would vitiate search 18420. Offence under : 18521. Offence under—Of serious nature—Providing deterrent punishment 18522. Offences under—Absconding for a long time 18523. Offences under—Acquittal 18624. Officers discharging their statutory duties can't be blamed 18725. Possession of Brown Sugar 18726. Possession of narcotic drugs—Information of 18727. Recovered heroin—Conviction and sentence—No compliance of

section 57 >. 188

28. Recovered manufactured drugs within commercial quantity—Convictionand sentence—Guilt is proved 188

29. Recovery of contraband 18930. Recovery of heroin 189

Contents xvii

31. Recovery of heroin—Application for quashing proceedings 19032. Recovery of Heroin — Small quantity 19133. Recovery of morphine—Proof of 19134. Recovery of Morphine Heroin—Appeal against acquittal—Confessions 19135. Recovery of opium — Applicability of section 50 — Appeal against

acquittal 19236. Rejecting bail , „ , 19237. Scope of ....___ 19238. Search and seizure—Accused not denied the befongings 19339. Seized contraband under—Conviction and sentence. 19440. Sentence—Quantum of , 19541. Smack recovered—Quantity 30 gms 19542. Smack—5 gms possessed by appellant 196

22. Punishment for contravention in relation to psychotropic substances 1961. 1.25 kg. Hashish recovered—Sought directions for re-weighing 1972. Acquittal 1973. Appeal against acquittal 1984. Bail—Grant/reject of 1995. Contraband—Acquittal—Custom officers recovered heroin at airport from

accused 1996. Illegal possession of contraband—Proof of 2007. Mandatory provision — Non-compliance — Appeal against acquittal 2008. Non-compliance of provisions — Recovery of smack 2009. Powder of Oxazepam—More than small quanti ty of contraband recovered

—Conviction and sentence. 20110. Scope of : 20211. Seized Diazepam of 20 k.g. from premises 202

23. Punishment for illegal import in to India, export from India or transhipmentof narcotic drugs and psychotropic substances 2031. Accused persons were suspected of having concealed certain foreign

substance in their body cavity , 2042. Contraband—Acquittal—Custom officers recovered heroin at airport from

accused 2063. Double jeopardy —Conviction under Indian as well as USA Laws —

Quashing of proceedings — Distinct offences 2064. Recovery of huge quantity of ganja 2075. Search and seizure—Accused not denied the belongings 207

24. Punishment for external dealings in narcotic drugs and psychotropicsubstances in contravention of section 12 2071. Bail—Granting of—Offence u/s 24, 29 of NDPS 208

25. Punishment for allowing premises, etc., to be used for commission of anoffence 2081. Bail—Recovery of 14.550 kg. of Heroin 208

xviii Narcotic Drugs and Psychotropic Substances Laws

2. Confession made by accused before an officer, under NDPS Act, who isan officer of the department of revenue intelligence NDPS 208

3. Contempt of court 2094. To bring home guilt under 209

25A. Punishment for contravention of orders made under Section 9A 210

1. Conviction under 2102. Scope of 211

26. Punishment for certain acts by licensee or his servants 211

27. Punishment for consumption of any narcotic drug or psychotropicsubstance 211

1. Benefit of 2122. Non-compliance of provisions — Recovery of smack 2123. Possession ol Narcotic Drug for personal use—Proof of. 2134. Scope of „ 213

27A. Punishment for financing illicit traffic and harbouring offenders 214

1. Bail—Recovery of 14.550 kg. of Heroin 2152. Double jeopardy—Conviction under Indian as well as USA Laws—

Quashing of proceedings — Distinct offences 2153. Recovery of charas — Bail and suspension of sentence 216

28. Punishment for attempts to commit offences 216

1. Accused persons were suspected of having concealed certain foreignsubstance in their body cavity 216

2. Offences under—Absconding for a long time 2183. Recovery of 4 k.g. charas—Conviction and sentence 2194. Search and seizure—Accused not denied the belongings 223

29. Punishment for abetment and criminal conspiracy 223

1. Bail—Grant/rejection of 2242. Bail—Granting of—Offence u/s 24, 29 of NDPS 2253. Bail—House of applicant searched but nothing incriminating recovered 2254. Bail—Recovery of 14.550 kg. of Heroin 2255. Confessional statement — .Sole basis of the conviction — Confessional

statement was never retjfccted by the accused 2266. Contraband—Possession of—Charge of conspiracy—Evidence 2267. Conviction and sentence—Accused asked by police 2268. Conviction under IJW 227

9. Criminal Law—Bail—Cancellation of—Trial Court granted bail to accusedunder section 437 Cr.P.C 228

10. Double jeopardy—Conviction under Indian as well as USA L a w s -Quashing of proceedings — Distinct offences 228

11. Panchnama—Prepared in English—Accused knows Marathi and Hindi 22812. Recovery of charas — Bail and suspension of sentence. 229

Contents xix

13. Recovery of opium — Applicability of section 50 — Appeal againstacquittal 230

14. Scope of 230

15. Sought cancellation of bail 23030. Preparation 231

1. Bail—Petitioner in custody from last three and half years 232

31. Enhanced punishment for offences after previous conviction 232

31A. Death penalty for certain offences after previous conviction 233

32. Punishment for offence for which no punishment is provided 235

32A. No suspension, remission or commutation in any sentence awarded under

this Act 2351. Appeal against conviction 2352. Denial of parole 2353. "Parole" „ 2364. Scope of *. 236

32B. Factors to be taken into account for imposing higher than the minimumpunishment 236

33. Application of section 360 of the Code of Criminal Procedure, 1973 and of

the Probation of Offenders Act, 1958 237

1. Conviction—Accused was less than 18 years of age 237

34. Security for abstaining from commission of offence 23735. Presumption of culpable mental state 238

1. Constitutional validity «. 2382. Contraband—Conscious possession—Burden of proof 2403. Culpable mental state—Presumption as to existence of 2404. Culpable mental state—Presumption of—Recovery itself is doubtful 2405. Power of Additional Sessions Judge to try offence 2406. Presumption under 2407. Presumption under—Without considering the aspect of possession—

Erroneous 2418. Scope of 242

9. The word 'possession' 242

36. Constitution of Special Courts 243


36A. Offences triable by Special Courts 244

1. Application for anticipatory bail 246

2. Filing of Charge Sheet 246

3. Investigation—By AIR customs officer 246

4. Issuance of non-bailable warrant 247

xx Narcotic Drugs and Psychotropic Substances Laws

36B. Appeal and revision - 247

1. Contraband—Appeal 248

36C. Application of Code to proceedings before a Special Court «— 248

1. Confiscation—Of tea bags, Nepali Ganja and carrier 248

36D. Transitional provisions 249


37. Offences to be cognizable and non-bailable 250

1. Anticipatory bail—40 kgs poppy husk recovered 2522. Bail , 2523. Bail—Cancellation of ., 2554. Bail—Conditions for—Discussed 2565. Bail—Contraband seized—No allegation against petitioner—Swiss

National 2566. Bail—Contraband—Recovery of 400 kg of poppy straw 2587. Bail—Contraband—Recovery of 400 kg of poppy straw—High Court

granted bail—Appeal against 2588. Bail—Ganja 2589. Bail—Grant/refusal of 258

10. Bail—Grant/reject of 26011. Bail—Granted by High Court 26012. Bail—House of petitioner raided 26013. Bail—Mandatory requirements—Suspension of sentence and grant of bail

by High Court 26114. Bail—Recovery of 15 gms. smack—No public witness of recovery 26115. Bail—Recovery of 20 gms charas and 20 gm. Smack 26216. Bail—Recovery of 63 kg of poppy husk 26217. Bail—Recovery of poppy husk 26318. Bail—Six live cannabis plant detected in the bari of petitioner 26319. Commerciality of contraband—Determination of 26520. Contraband—Bail—Cancellation of 26521. Delay in trial of cases 26522. Discretion to grant Bail 26523. Grant of bail 26524. Interim bail as wife impending surgery and no one to look after—Recovered

25 kgs. Heroin found 44.31% diacetylmorphine 26525. Limitation on grant of bail 26626. Negation of bail , 26627. Non-compliance of order passed for supply of copies can't entitle an

accused 26628. Punishment for contravention 26629. Reasonable grounds for granting of bail 267

Contents xxi

30. Recovered ganja lesser than commercial quantity 26731. Recovery of charas — Bail and suspension of sentence 26732. Restrictions under section 37 on the accused of Section 20(b)(i)—Liberal

interpretation of Section 37 not justified 26733. Scope of 26834. Sought cancellation of bail 269

38. Offences by companies 270

39. Power of court to release certain offenders on probation 270

40. Power of court to publish names, place of business, etc., of certainoffenders 271

CHAPTER 5

PROCEDURE

41. Power to issue warrant and authorization 272

1. Accused searched in public place—No requirement to comply withSection 42 of the Act—Section 43 will be applicable 274

2. Appeal pending—Direction given to collect further evidence underSection 391(2) of CrPC—Section 41 shall not be applicable 274

3. Applicability of 2744. Applicability of—Retrospective 2755. Authorised officer 2766. Compliance of apprising accused of his right to be searched before

Gazetted Officer or Magistrate 2777. Compliance of 2778. Constitutional validity—Not hit by Article 14 of the Constitution 2789. Contentions of law and fact 279

10. Contraband—Commercial Quantity—Poppy husk 27911. Difference between 27912. IO and complainant are one or of same rank 28113. Mere factthat some of the officers of the NCB are also authorised to

exercise 28114. Necessary ingredients under 28215. Non compliance of Section 28216. Not being a case of personal search 28317. Occurrence in night—Search and seizure in night—Authorisation—Lacks

of grounds of belief 28318. Powers of an officer acting under Section 42 28419. Provisions of Section 42 28520. Provisions thereunder—Applicability of—Not applicable to pending

investigation or appeal under principal Act 28521. Recovery of illicit material 28622. Recovery of smack—Conviction and sentence—Search conducted without

warrant „ 286


23. Reduction in sentence would be applicable only those cases 28724. Scope of 28725. Seizure of contraband 288

'.. Power of entry, search, seizure and arrest without warrant or authorization.... 289

1. Applicability of procedure as to search and seizure as to when the policegot no prior information 292

2. Applicability of provisions of Section 42 to search and seizure on publicroad 292

3. Applicability of 2934. Applicability of—Search and seizure look place at airport—Question of

non-compliance of Section 42 of the Act is irrelevant 2945. Applicability of—Section 42(1) does not apply with regard to information 2946. Arrest—By private person 2947. Bail—Secret information received but not reduced to writing 2958. Charas—Recovery of—Contradiction about recovery memo 2959. Cinema theatre is within definition of public place—When exibition of film is

going on 29610. Commission of offence punishable under Chapter IV 29811. Compliance not made—Seizure of contraband—Clearly vitiates seizure 29812. Compliance of provisions as to search—Applicability of provision as

to search on Police Official 30013. Compliance of. 30014. Compliance with—Not necessary 30015. Confessional statement 30016. Contraband—Recovery of opium from Attachi-case 30117. Contraband—Recovery of opium—Sending of Secret Information 30118. Contraband—Recovery of—Admissibility of document 30119. Contraband—Recovery of—Secret information 30220. Contraband—Recovery of—Secret information—Prosecution must prove

compliance of the procedure 30221. Conviction u/s 21 of NDPS Act—IO recorded secret information _ 30222. Criminal Law—Contraband—Recovery of Ganja—Right of Search 30223. Due compliance of Section 42(2) of the Act 30324. Empowered officer would not violating the law 30325. General information about smuggling into India 30326. Information related to availability of contraband in public place—Search

and seizure hot vitiated by non-compliance with section 42(2) of the Act. ... 30427. Mandatory provision — Compliance 30428. Mandatory provision — Non-compliance — Appeal against acquittal 30529. Mandatory provision — Violation 30530. Narcotic Control Bureau 30631. Nature of—Mandatory 307

Contents xxiii

32. Necessary ingredients under 30833. Necessary to comply with the requirement 31034. Non-compliance of mandatory provision 31035. Non-compliance of—Time of receiving and recording of information is

contradictory 31036. Non-compliance of provisions — Recovery of smack 31437. Non-compliance with Section 42 31438. Notification No. F 1 (3) FD/EX/85-1 dated 16.10.1986,S. 0.115—Search

and seizure—Made by ASI 31539. Offences under Section 8 read with 18 of the Act 31640. Offences under—Information received by IO not reduced in writing 31641. Plea of violation of mandatory requirement of the Act 31842. Possession of Heroin—Burden of proof—Appeal against acquittal 31843. Powers of search—In case of personal search Section 50 would apply 31844. Proof of Search and seizure of contraband 31945. Prosecution failed to establish that the copy of information was.sent to

superior officer 31946. PW 1 not reduced secret information into writing 32047. PW 3 Head constable got information with reference to appellant. ...„ 32048. Recovery of 2 bags of ganja, each weighing 15 kgs 32149. Recovery of Hashish and conviction—Proof of 32150. Recovery of illicit material. 32151. S.I. was in routine patrolling duty 32152. Scope and applicability of provisions of Section 43 and not provisions of

Section 42 to search and seizure in public place , 322

53. Scope of t 32254. Search and seizure -... 32455. Search and seizure—Since Deputy Superintendent of Police not propose

to enter and search building ,_ 32456. Search and seizure—Taken place at public place..., 32557. Search by Gazetted Officer 32558. Seized Ganja—Conviction and sentence—Information reduced 32559. Since information did not relate to availability of contraband in a building,

conveyance or enclosed place 327

60. When comes into operation 328

43. Power of seizure and arrest in public place 328

1. Applicability of 3292. Contraband recovered on search of vehicle and recovery made at public

place 3293. Difference between 3294. Mandatory provisions—Appellant caught in suspicious condition 3305. Necessary ingredients under 332

xxiv Narcotic Drugs and Psychotropic Substances Laws

6. Recovery of narcotic substance was made from tool box of motor cycle 3337. Scope of 3338. Section 50 has to be followed—Even in case of body search under Section

43(2) of NDPS Act 333

44. Power of entry, search, seizure and arrest in offences relating to coca plant,opium poppy and cannabis plant 334

45. Procedure where seizure of goods liable to confiscation not practicable 334

1. Recovery of 50 bags of Poppy husk—Conviction and sentence 335

46. Duty of land holder to give information of illegal cultivation 336

47. Duty of certain officers to give information of illegal cultivation 336

48. Power of attachment of crop illegally cultivated 336

49. Power to stop and search conveyance 336

50. Conditions under which search of persons shall be conducted 336

1. 15 bags poppyhusk seized search by superintendent of police and others 3412. 18 bags of poppy straw—No independent witness—Non-compliance of

Section 42 and 50 3433. Accused was told only whether he wanted to call any person known to

him—It is not in compliance of Section 50 of the Act 3454. Acquittal 3455. Ambit of—Search was of bags and not of the persons—Section 50 has no

application 3456. Appellants asked that a Magistrate or GO could be arranged for taking their

search 3457. Applicability of provisions as to search and seizure to search vehicle 3468. Applicability of right of option as to search by Gazette Officer or by

Magistrate ; 3469. Applicability of section to recovery of contraband from accused

apprehended at Railway station 34610. Applicability of 34611. Applicability of—Accused was sitting atop gunny bags—Containing

contraband articles—Section 50 of the Act not applies 34712. Applicability of—It applies only in case of personal search of a person

—Not of vehicle or container or bag or premises 34713. Applicability of—Recovery from a Thaila—Section not attracted 34814. Applicability of—Scope of. 34815. Applicability of—When a hand bag carried by offender was searched—

Section 50 of the NDPS Act will not be applicable 35016. Applicability—Possession of opium by accused in a bag 35017. Application of provision 35018. Application thereof 35019. Arrest—By private person 35120. Arrested on a secret information for possession of lOgms smack—

Conviction and sentence 351

Contents xxv

21. Availability of option to be searched in presence of Magistrate orGazette Officer 351

22. Bail—Secret information received but not reduced to writing 35223. Belief in respect of commission of offence under the NDPS Act 35224. Case of compliance of provisions as to arrest and search 35225. Chance recovery—Contraband 35326. Chance recovery—On secret information of Mukhbir—Compliance of

Section 50 of the Act was must 35327. Charas—Recovery of—Contradiction about recovery memo 35328. Compliance of provisions as to right of accused to be searched by

Magistrate or Gazetted Officer 35429. Compliance of requirements—When not attracted 35430. Compliance ol 35431. Compliance of—DSP of police is as good witness as any other Gazetted

Officer '. 35732. Compliance of—DSP 35833. Compliance of—Evidence on record and fard of search not shows—

That before search accused asked 35834. Compliance of—No prior information of contraband 35835. Compliance of—Person carried bag in hand—Incriminating articles found

therefrom—Provision of Section 50 would not apply 35936. Compliance of—PW5 informed the appellant about his right as provided

under Section 36037. Compliance with—Chance recovery—Compliance with Section 50 of the

Act does not arise 36038. Conditions under which search of persons shall be conducted 36039. Contraband articles—Seizure of—Conscious possession 36040. Contraband seized in the bag carrying on his head—Conviction by trial

court 36241. Contraband 36342. Contraband—Personal search—Option for search—Acquittal 36443. Contraband—Recovery of opium from Attachi-case 36444. Conviction and sentence—Accused asked by police 36445. Conviction and sentence—Validity of 36446. Conviction—Violation of Section 50—No independent witness 36547. Criminal Law—Contraband—Recovery of Ganja—Right of Search 36548. Criminal Law—Contraband—Recovery of 36549. Delay in sending sample for test 36550. Distinction between search 36551. Effect of taking written consent by Police Officer to search the suspect 36652. Evidence on record and fard of search not shows 36653. Expression "person" 36654. Failure to comply with Section 50 does not justify acquittal in cases 367


55. In absence of evidence of prejudice 36756. Independent witness 36857. Intimation 36858. Legal right to possession 36859. Magistrate—Meaning of 36860. Mandatory provision — Non-compliance — Appeal against acquittal 36961. Mandatory provision—Non-compliance—Recovery was effected from the

person of the appellant 36962. Mandatory provision of Section 50 has not been complied with by prose-

cution—Samples recovered from accused on the spot bear different datesof seizure 370

63. Meaning of-"Person" 37164. Merely asking accused whether he was required to be produced before

Gazetted Officer or Magistrate for purpose of search 37165. Nature and scope under—Non-compliance of 37266. Nature of—Not mandatory 37367. Necessary ingredients under 37368. Necessary requirements 37369. Necessary requirements—Should be made aware of existence of right—

Court has to see substance and not for of intimation 37470. No illegality or irregularity is committed by prosecuting agency 37471. No separate 'Fard' prepared for giving notice under Section 50 of NDPS

Act—Nor 'Fard' of consent was prepared separately—Compliance ofSection 50 NDPS Act has not made 375

72. Non compliance of section 52(1)—Would vitiate search 37673. Non-compliance of mandatory provision 37774. Non-compliance of mandatory provisions of search and seizure 37775. Non-compliance of mandatory provisions of Section 50 of Narcotic Drugs

and Psychotropic Substances—Vitiates entire trial against accused... 37776. Non-compliance of provision to personal search of accused allegedly

carrying plastic bag containing contraband 37777. Non-compliance of provisions as to search and seizure—Effect of 37878. Non-compliance of provision 378

'79. Non-compliance of—Effect of 37980. Non-compliance of 38081. Non-compliance of—Recovery of contraband becomes suspect—And the

conviction of the appellant is rendered bad and unsustainable in law 38082. Non-compliance of—Vitiate the entire trial—Accused is entitled to acqui ttal on

this ground only 38083. On being asked to open the bag—Accused himself opened and revealed

contents—Requirements of Section 50 would not come into play 38084. Option given was only for search—In presence of Gazetted Officer-

Not significant unless prejudice is established 38185. Option under Section 50 given in different language 381

Contents xxvii

86. Oral version corroborated by contents of FIR and seizure mahazar 381

87. Panchnama—Prepared in English—Accused knows Marathi and Hindi 382

88. Partial compliance of provision as to search and seizure—Effect of 382

89. Personal search—Compliance is necessary 383

90. Plea of violation of mandatory requirement of informing accused of hisright 383

91. Possession of Heroin—Burden of proof—Appeal against acquittal 383

92. Powers of search—In case of personal search Section 50 would apply 384

93. Purpose of—Protect the interests of citizen from irregular and illegalinvasion on his liberty by authorities 384

94. Recovered 2 kg. charas in a bag possessed by accused—Conviction andsentence—Challenged 385

95. Recovery of 4 k.g. charas—Conviction and sentence 385

96. Recovery of 5 kg. opium 390

97. Recovery of Charas 391

98. Recovery of contraband — Search — Appeal against acquittal 392

99. Recovery of opium—Applicability of section 50—Appeal againstacquittal 393

100. Recovery of opium—No procedural illegality in investigation 393

101. Requirement of specific words to convey right 393

102. Scope of 393

103. Scope of—Ambit of 397

104. Search and seizure 398

105. Search and seizure—Mere presence of a Gazetted Officer 399

106. Search and seizure—Personal search—Offer 400

107. Search and seizure—View of larger bench 402

108. Search in presence of independent persons 402

109. Search of a vehicle 403

110. Search of female 405

111. Search of suspect by Superintendent of Customs without informing himhis right—Effect of 405

112. Search or seizure—Not conducted on person of accused—Provisions ofSection 50 of the Act not attracted *... 405

113. Section 50 has to be followed—Even in case of body search under Section43(2) of NDPS Act 406

114. Seized contraband under—Conviction and sentence 406

115. Seizure of narcotic drugs in pocket—Conviction and sentence 407

116. Seizure of opium 409117. Seizure of Opium—Conviction and sentence 409118. SI without any prior information as contemplated under the provisions

of the Act had arrested and searched 409

119. Suit case in dicky 410120. Suspicion in the mind of the concerned officer. 410

xxviii Narcotic Drugs and Psychotropic Substances Laws

121. Violation of—Two packets held by accused in his hand opened 410122. Witnesses of fard of search and seizure declared hostile 411123. Words 'to inform the suspect of his right under the section—Connotation

of 412124. Words and Phrases—"Person"—Scope of 412125. Words meaning—"Person"—Would mean a human being with appropriate

coverings and clothings and also footwear 414

50A. Power to under take controlled delivery 414

51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants,arrests, searches and seizures 415

1. Proof of search and seizure of contraband 4152. Search and Seizure 4153. Seizure—From accused while he was travelling in truck 4154. Seizure—Search 416

52. Disposal of persons arrested and articles seized 416

1. Contraband—Disposal of seized articles 4172. Natureof 4173. Provisions of—Not mandatory but directory 418

52A. Disposal of seized narcotic drugs and psychotropic substances 418

1. Contraband—Case property—Production of, in Court 4192. Conviction and sentence 420

53. Power to invest officers of certain departments with powers of an officer-in-charge of a police station 421

1. Authorised officer 421

2. Investigation—By AIR customs officer 4223. IO and complainant are one or of same rank 4234. Scope of 424

53A. Relevancy of statements under certain circumstances ................ 425

54. Presumption from possession of illicit articles 425

1. Accused driving scooter and co-accused was pillion 4262. Constitutional validity 426

3. Contraband—Conscious possession—Burden of proof 4274. Conviction and sentence—Appeal » „ 4275. Legal right to possession 428

6. Non-application of mind to the material factors 4287. Presumption under 4288. Presumption under—Without addressing to the question of possession—

Erroneous 429

55. Police to take charge of articles seized and delivered 430

1. Basis of information 431

Contents xxix

2. Conviction under Section 20(b) (i) of NDPS Act, 1985—Challenged 4313. Directory provisions—Violation 4324. Keeping seized article in Excise Malkhana—Effect thereof 4345. Non-compliance of provision for sending seized contraband for chemical

analyses 4346. Non-compliance of—Effect of—Accused acquitted 4347. Samples prepared 100 gms. Each 4358. Scope of 435

56. Obligation of officers to assist each other 436

1. Accused persons submitted before Court after three days of arrest 4362. Non-compliance of mandatory provisions 4363. Scope of 436

57. Report of arrest and seizure 436

1. Bail—Recovery of poppy husk 4372. Compliance of—Officer should make full report of all particulars of such

arrest or seizure to his immediate his superior officer within 48 hours 4383. Conviction and sentence 4384. Conviction and sentence—Appeal 4395. Directory provision — Not complied with 4416. Directory provisions—Violation.., 4427. If non-compliance or lapses like delay are present 444

8. Ingredients of—Essential of 4449. Nature and scope under—Non-compliance of 445

10. Nature of—Said Section is only directory 44611. Non-compliance of 44712. Non-compliance of—Time of receiving and recording of information is

contradictory 44713. Offences under—Information received by IO not reduced in writing 45014. Provisions of—Not mandatory but directory 45215. Recovered 20 bags of poppy husk—Conviction and sentence—No report of

seizure and arrest to higher authorities 45216. Requirement of Section 57 of the Act 455

17. Scope of 455

58. Punishment for vexatious entry, search, seizure or arrest 455

1. Contraband—False Charge—Investigation 456

59. Failure of officer in duty or his connivance at the contravention of theprovisions of this Act 456

6a Liability of illicit drugs, substances, plants, articles and conveyances toconfiscation .« 457

1. Confiscation—Of tea bags, Nepali Ganja and carrier 4582. Contraband—Bail—Cancellation of 459

xxx Narcotic Drugs and Psychotropic Substances Laws

3. Interim custody of vehicle 4594. Interim custody of vehicle—Recovery of illicit Ganja and arms 4605. Release of conveyance—Used for carrying contraband pending conclusion

of trial—Petitioner is registered owner 4606. Release of vehicle—Seized in contravention of provisions of Act—Recovery

of 10 kg Ganja from vehicle 461

61. Confiscation of goods used for concealing illicit drugs or substances 462

62. Confiscation of sale proceeds of illicit drugs or substances 462

63. Procedure in making confiscations 462

1. Interim custody of vehicle 4632. Interim custody of vehicle—Recovery of illicit Ganja and arms 4633. Release of conveyance—Used for carrying contraband pending conclusion

of trial—Petitioner is registered owner 464

64. Power to tender immunity from prosecution 465

1. Immunity from prosecution 465

2. Scope of 466

64A. Immunity from prosecution to addicts volunteering for treatment 466

65. [*] 466

66. Presumption as to documents in certain cases 466

1. Contraband—Recovery of—Admissibility of document 467

67. Power to call for information, etc 467

1. Anticipatory Bail—Reasonable apprehension of arrest 4682. Bail—Granting of—Offence u/s 24,29 of NDPS 4693. Confessional statement — Sole basis of the conviction — Confessional

statement was never retracted by the accused 4694. Conviction and sentence—Appeal 4695. Interrogatory statement of accused 4706. Issuance of summons in enquiry proceedings 4707. No time of recording the statement of appellant has been mentioned 4708. Recording of statement under—To be recorded for purpose of gathering

information—Not for purpose of couching confession in it 4719. State of accused 473

10. Statement of accused recorded under—Read in evidence to connect theaccused with recovery of contraband 473

11. Statement recorded by help of interpretor—Interpreter not examined—Appellant is French 473

12. Statements under 474

13. Use of statement of accused 474

14. Value of statement of accused 474

68. Information as to commission of offences 475

1. Forfeiture of property 475

Contents xxxi

CHAPTER 5A

FORFEITURE OF PROPERTY DERIVED FROM, OR USED INILLICIT TRAFFIC

68A. Application 475

68B. Definitions 477

68C. Prohibition of holding illegally acquired property 479

68D. Competent authority 480

68E. Identifying illegally acquired property 480

68F. Seizure or freezing of illegally acquired property 480

68G. Management of properties seized or forfeited under this Chapter 481

68H. Notice of forfeiture of property 482

68-1. Forfeiture of property in certain cases 482

68J. Burden of proof 483

68K. Fine in lieu of forfeiture 484

68L. Procedure in relation to certain trust properties 484

68M. Certain transfers to be null and void 485

68N. Constitution of Appellate Tribunal 485

68-O. Appeals 485

68P. Notice or order not to be invalid for error in description 486

68Q. Bar of jurisdiction 486

68R. Competent Authority and Appellate Tribunal to have powers of civil court ... 487

68S. Information to competent authority 487

68T. Certain officers to assist Administrator, competent authority and Appellate

Tribunal 487

68U. Power to take possession 488

68V. Rectification of mistakes 488

68W. Findings under other laws not conclusive for proceedings under thisChapter 489

68X. Service of notices and orders 489

68Y. Punishment for acquiring property in relation to which proceedings havebeen taken, under this Chapter 489

68Z. Release of property in certain cases 489

CHAPTER 6

MISCELLANEOUS

69. Protection of action taken in good faith 490

1. Acquittal and order to pay Rs. One Lac by concerning police officials to eachaccused—Challenged 490

2. Scope of—Action taken in good faith—Protected under Section 491

xxxii Narcotic Drugs and Psychotropic Substances Laws

70. Central Government and State Government to have regard to internationalconventions while making rules 491

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

of addicts and for supply of narcotic drugs and psychotropic substances 492

72. Recovery of sums due to Government 492

73. Bar of jurisdiction 493

74. Transitional provisions 493

74A. Power of Central Government to give directions 493

75. Power to delegate 493

76. Power of Central Government to make rules 4941. Report of Chemical examiner 495

77. Rules and notifications to be laid before Parliament 496

78. Power of State Government to make rules 496

79. Application of the Customs Act, 1962 497

80. Application of the Drugs and Cosmetics Act, 1940 not barred 497

81. Saving of State and special laws 497

82. Repeal and savings ...; 498

83. Power to remove difficulties 498

THE SCHEDULE 498

Narcotic Drugs and Psychotropic Substances Rules, 1985 505

Narcotic Drugs and Psychotropic Substances (National Fund for Control ofDrug Abuse) Rules, 2006 541

Appellate Tribunal for Forfeited Property (Procedure) Rules, 1989 552

Appellate Tribunal for Forfeited Property (Conditions of Service of Chairmanand Members) Rules, 1989 561

Narcotic Drugs and Psychotropic Substances (Authentication of Documents)Rules, 1992 566

Narcotic Drugs and Psychotropic Substances (Execution of Bond by Convictsor Addicts) Rules, 1985 567

Narcotic Drugs and Psychotropic Substances Consultative Committee Rules,1988 570

Illegally Acquired Property (Receipt Management and Disposal) Rules, 1989 577

Appellate Tribunal for Forfeited Property (Fees) Rules, 1989 583

Narcotic Drugs and Psychotropic Substances (Regulation of ControlledSubstances) Order, 1993 584

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic SubstancesAct, 1988 594

Notification Specifying Small and Commercial Quantities 603

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