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).
16
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).
17
(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).
18
(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).
19
(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, diacetylmorphine 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).
20
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).
21
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 . . . . . . . . . . 1 kg.
(iii) Heroin . . . . . . . . . . 1 kg.
(iv) Codeine . . . . . . . . . . 1 kg.
(v) Thebaine . . . . . . . . . . 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 against the
respective narcotic
drugs or psychotropic
substances mentioned
above forming part of
the mixture]
(ix) LSD, LSD-25 (+) - N, N-Diethyllyser gamide (d-lysergic acid
diethylamide)
500 grams
(x) 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 1,500 gram
(xii) Methaqualone (2-Methyl-3-0-tolyl-4-(3h—)quinazolinone) 1,500 gram
(xiii) Amphetamine (+)-2-amino-1-phenylpropane 1,500 gram
(xiv) Salts and preparations of the psychotropic substances mentioned in
(ix) to (xiii)
1,500 gram;
(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).
22
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).
23
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).
24
(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).
25
(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).
26
(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.