Director General's Message

The National Academy of customs, Excise and Narcotics (NACEN) has been
mandated to impart training in the three fields of customs, central excise and
narcotics. NACEN has been conducting a number of training programmes on
various aspects of drug law enforcement at its Faridabad campus as well as
its nine Regional Training Institutes at Delhi, Mumbai, Chennai, Kolkata,
Bangalore, Hyderabad, Kanpur, Hazaribagh and Vadodara for drug law
enforcement officers of various departments.
In order to streamline and strengthen training in the field of narcotics, a
Centre for Narcotics Training (CNT) has recently been created in the
Academy. We have now started conducting training courses specially
designed for officers of the Central Bureau of Narcotics who are responsible
for licencing and supervising the licit cultivation of opium. The feedback on
our first course is encouraging and we hope to conduct some more courses
soon.
This Drug Information Sheet, brought out on the occasion of the
th
International Day Against Drug Abuse and Illicit Drug Trafficking, 26
June 2004, is our endeavour to provide in a nutshell, information about drug
laws in the country to drug law enforcement officers of all departments of the
central and state governments. The information has been put in as simple and
non-legal a language as possible. Any officer who can spare an hour or so
reading this, it is hoped, can get a bird's eye-view of the entire drug laws in
the country.
This is the first in a series and subsequent Drug Information Sheets would
cover more specific topics. I wish this endeavour by the Centre for Narcotics
Training all success. Looking forward to a happy, healthy , drug free world.
Parveen Talha
Centre for Narcotics Training
National Academy of Customs, Excise and Narcotics, Faridabad
Drug laws in India Drug laws in India
Narcotic Dr ugs and Psychotropic Substances
Act, 1985 (NDPS Act ) is the anti-dr ug law of
India.This Act prohibits:
- Cultivation of opium popp y, cannabis and coca
plants
-Production, manufacture, possession, sale ,
purchase, transpor t, warehousing, use,
consumption, import, export or transhipment of
any narcotic drug or psychotropic substance
except for medical and scientific purposes and as
per the rules or orders and conditions of licence
issued.
NDPS Act empowers central government to
frame rules for certain purposes and state
governments to frame rules for certain others.
Thus, there are NDPS Rules, 1985 of the central
government and state NDPS Rules of different
states. Violation of any rule of either the state or
central NDPS Rules attracts punishment under
the NDPS Act.
Drug Information Sheet 1
In this Drug Information Sheet
1. Offences and penalties
2. Small and commercial quantities of
important drugs
3. Your powers under the law
4. Your responsibilities under the law
5. Immunities in drug cases
6. Preventive detention
7. Controlled delivery
8. Forfeiture of illegally acquired property
OFFENCES AND PENALTIES
OFFENCE PENALTY SECTIONS
Cultivation of opium, cannabis Rigorous imprisonment-up to 10 years + fine up Opium - 18(c)
or coca plants without licence to Rs.1 lakh Cannabis - 20
Coca-16
Embezzlement of opium by licenced Rigorous imprisonment -10 to 20 years + 19
farmer fine Rs. 1 to 2 lakhs (regardless of the quantity)
Production, manufacture, possession, * Small quantity - R.I. up to 6 months or fine up to Opium - 18
sale, purchase, transport, import inter- Rs. 10,000 or both Prepared opium-17
state, export inter-state or use of drugs Cannabis - 20
* More than small quantity but less than Manufactured drugs
commercial quantity - R.I. up to 10 years + or their preparations-21
fine up to Rs. 1 Lakh
* Commercial quantity - R.I. 10 to 20 years + Psychotropic
fine Rs. 1 to 2 Lakhs substances - 22
Small and commercial quantities are defined
for each drug separately through a notification.
Quantities for important drugs are mentioned in
a separate table in this information sheet.
Import, export or transhipment of Same as above 23
narcotic drugs and psychotropic
substances
External dealings in NDPS-i.e., R.I. 10 to 20 years + fine of Rs. 1 to 2 lakhs 24
engaging in or controlling trade (Regardless of the quantity)
whereby drugs are obtained from
outside India and supplied to a person
outside india
Knowingly allowing one's premises to Same as for the offence 25
be used for committing an offence
Violations pertaining to controlled R.I. upto 10 years + fine Rs. 1 to 2 lakhs 25A
substances (precursors)
Financing traffic and harbouring R.I. 10 to 20 years + fine Rs. 1 to 2 lakhs 27A
offenders
Attempts, abetment and criminal Same as for the offence Attempts-28
conspiracy Abetment and criminal
conspiracy - 29
Preparation to commit an offence Half the punishment for the offence 30
Repeat offence One and half times the punishment for the 31
offence. Death penalty in some cases. Death - 31A
Consumption of drugs Cocaine, morphine, heroin - R.I. up to 1 year or 27
fine up to Rs. 20,000 or both Immunity - 64A
Other drugs- Imprisonment up to 6 months or fine
up to Rs. 10,000 or both
Addicts volunteering for treatment enjoy immunity
from prosecution
Punishment for violations not elsewhere Imprisonment up to six months or fine or both 32
specified
SMALL AND COMMERCIAL QUANTITIES OF
IMPORTANT DRUGS
The punishments for many offences under the NDPS Act depend
on the quantity of drug involved- with three levels of punishment for
small, more than small but less than commercial and commercial
quantities.
Amphetamine 2 grams 50 grams
Buprenorphine 1gram 20 grams
Charas/Hashish 100 grams 1 kg
Cocaine 2 grams 100 grams
Codeine 10 grams 1 kg
Diazepam 20 grams 500 grams
Ganja 1 kg 20 kg
Heroin 5 grams 250 grams
MDMA (Ecstasy) 0.5 gram 10 grams
Methamphetamine 2 grams 50 grams
Methaqualone 20 grams 500grams
(mandrax)
Morphine 5 grams 250 grams
Popy Straw 1 kg 50 kg
* The same quantities apply to preparations of these drugs also.
YOUR POWERS UNDER THE LAW
Officers of the following departments can be empowered by the
government by a general or a special order to enforce the NDPS
Act:
! Central excise, narcotics, customs, revenue intelligence
or any other department of the Central Government including
para-military and armed forces.
! Revenue, drugs control, excise, police or any other
department of the state government .
They enjoy the following powers for enforcement of the Act.
1. A gazetted officer can authorise any officer subordinate to
him (but superior in rank to sepoy, peon or constable) to search
any building , conveyance or place by day or night (Section41 (2)).
2. Any officer superior in rank to sepoy, peon or constable can,
without warrant (from a magistrate) or authorisation (from a
gazetted officer), search any building , conveyance or place
between sunrise and sunset (Section 42). He can al so sear ch
between sunset and sunrise under certain circumstances.
Drug Small Commercial
quantity quantity
Searches
Seizures
Detention, search and arrest of persons
Public Places
Conveyances
Powers with respect to illegal crops
Power to call for information
3. Any officer superior in rank to sepoy, peon or constable can
sei ze drugs, materi al s used i n thei r manufacture,
controlled substances (i.e., precursors), conveyances,
evidentiary material, etc. (Section 42)
4. Any officer empowered under Sections 41 and 42 can
detain, search and if he thinks proper , arrest , any person whom
he has reason to bel i eve to have commi tted an
offence punishable under the Act (Section 42 (1) (d)).
5. Any officer of the departments empowered to enforce
NDPS Act can search ,seize and arrest in public places
(Section 43).
6. Any officer authorised under Section 42 can stop, search,
rummage and examine any animal or conveyance. He can
compel the animal or conveyance to stop and if all lawful
means of stopping it fail, he can fire upon such animal or
conveyance ( Section 49).
7. Any gazetted officer empowered under Section 42 ( or a
magistrate) can attach illegally cultivated opium, cannabis or
coca plants and order their destruction ( Section 48).
8. Any officer empowered under Section 42 can during
enquiry in connection with any contravention of any
provision of the Act-
Call for information from any person
Require any person to deliver any document or thing
useful for the enquiry
Examine any person acquainted with the facts and
circumstances of the case (Section 67).
Details of training courses conducted by
NACEN are available on
www.nacen.ernet.in
For copies of this information sheet please fax
0129-2504632
YOUR RESPONSIBILITIES UNDER THE LAW
IMMUNITIES IN DRUG CASES
1. Before searching any person, explain to him that he has a
right to be searched before a gazetted officer or a
magistrate. If he so requires, take him to a gazetted officer
or a magistrate before whom he can be searched . (Section
50.) If you have reason to believe that it is not possible to
take him to a gazetted officer or a magistrate without giving
him a chance to part with the drug, controlled substance,
etc. you can search him under Section 100 of the Cr. P. C.
(Section 50(5) and 50 (6)).
2. Take down any information given by any person in writing
before authorizing a search (Section 41). If the search is
under Section 42, also send a copy of the information
taken in writing or the grounds of belief for search within 72
hours to your immediate superior officer.
3. Inform the arrested person, as soon as may be, the
grounds of his arrest (Section 52 (1)).
4. If a person is arrested or an article has been seized under a
warrant issued by a magistrate, forward the person/seized
article to that magistrate (Section 52 (2)).
5. If the person has been arrested or the article has been
seized otherwise than under a warrant , forward it to the
nearest police station or any other officer empowered
under section 53 (Section 52 (3)).
6. Assist officers of any other department empowered under
Section 42 if they give you a notice or make a request
(Section 56).
7. Whenever you arrest any person , make a full report to your
superior within48 hours ( Section 57)
1. Officers Officers acting in discharge of their duties in
good faith under the Act are immune from suits,
prosecution and other legal proceedings ( Section 69).
2. Addicts Addicts charged with consumption of drugs
(section 27) or with offences involving small quantities will
be immune from prosecution if they volunteer for de-
addiction. This immunity may be withdrawn if the addict
does not undergo complete treatment (Section 64 A ). It is
pertinent to note that it is not essential that the drug , if any,
found with the addict in small quantity, need not be for
personal use.
3. Offenders Central or state governments can tender
immunity to an offender in order to obtain his evidence in
the case. This immunity is granted by the government and
not by the court (Section 64).
4. Minors All offences committed under any law by persons
under the age of 18 will be covered by the Juvenile Persons
(Care and protection) Act. This Act seeks to reform such
juveniles rather than punish them under the respective
Acts. It prevails over any other Act in respect of persons
below the age of 18. Hence such persons cannot be
prosecuted under the NDPS Act also.
Drug traffickers can be detained to prevent their illicit traffic
through an executive order issue under the Prevention of
Ilicit Traffic in Narcotic Drugs and Psychotropic
Substances Act, 1988. Proposals for preventive detention
along with justification can be sent to Joint Secretary (NC)
in the Department of Revenue or to designated detaining
authorities of the state governments.
Consignments of drugs or precursors can be allowed to
pass to reach their ultimate destinations instead of seizing
them immediately. This technique, known as 'controlled
delivery', helps identify the real persons behind the
operation and the ultimate recipients of the illicit
consignment. Permission for controlled delivery is
essential from the DG, Narcotics Control Bureau under
Section 50 A.
You can never hurt the drug traffickers unless you deprive
them of their ill-gotten wealth. Illegally acquired property of
drug traffickers, their relatives and associates can be
frozen or seized by the investigating officer under Chapter
VA of the Act. A quasi-judicial authority called the
Competent Authority and Administrator decides the
confirmation of such freezing/seizing order and the
ultimate forfeiture of the property.
(More on controlled delivery, preventive detention and
forfeiture of the property in future Drug Information
Sheets)
PREVENTIVE DETENTION
CONTROLLED DELIVERY
FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY
Compiled by P.V. Subba Rao, Joint Director
Published by V.K.Singh Kushwah,
Additional Director General,
National Academy of Customs, Excise and Narcotics,
Sector 29 Faridabad