Narcotic Drugs and Psychotropic Substances Act 1988

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Narcotic drugs psychotropic substances act

• Shashi prabha
• MBA(HOSPITAL ADMINISTRATION)
• MSc. Nursing ii year

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introduction

• THIS ACT WAS PROPOSED IN THE YEAR 1988.
• AIMS OF TO PROVIDE FOR THE FORFEITURE OF
  PROPERTY DERIVED FROM, OR USED IN, ILLICIT
  TRAFFIC IN NO COLIC DRUGS AND PSYCHOTROPIC
  SUBSTANCES, TO IMPLEMENT THE PROVISIONS OF THE
  INTERNATIONAL CONVENTIONS ON NARCOTIC DRUGS AND
  PSYCHOTROPIC SUBSTANCES.

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Definitions

• CONTROLLED SUBSTANCES MEANS ANY SUBSTANCE WITH
  THE CENTRAL GOVERNMENT MAY, HAVING REGARD TO THE
  AVAILABLE INFORMATION AS TO ITS POSSIBLE USE IN
  THE PRODUCTION OR MANUFACTURE OR NARCOTIC DRUGS
  OR PSYCHOTROPIC SUBSTANCES OR TO THE PROVISIONS
  OF ANY INTERNATIONAL CONVENTION, BY NOTIFICATION
  IN THE OFFICIAL GAZETTE, DECLARE TO BE CONTROLLED
  SUBSTANCE.
• ILLICIT TRAFFIC IN RELATION TO NARCOTIC DRUGS
  AND PSYCHOTROPIC SUBSTANCES, MEANS
• 1. CULTIVATING ANY COCA PLANT OR GATHERING ANY
  PART OF IT.
• 2. CULTIVATING THE OPIUM POPPY OR ANY CANNABIS
  PLANT.
• 3. ENGAGING IN PRODUCTION, MANUFACTURE,
  PURCHASE, STORING, SALE, CONCEALMENT OR
  CONSUMPTION OF THE SUBSTANCES, IMPORT OR EXPORT
  OR ANY INTERSTATE EXCHANGE.

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• 4. DEALING IN ANY SUCH TYPE OF RELATED
  ACTIVITIES.
• 5. HANDLING OR LETTING OUT ANY PREMISES FOR THE
  CARRYING ON OF ANY OF THE ACTIVITIES.
• 6. FINANCING DIRECTLY OR INDIRECTLY FOR THOSE
  ACTIVITIES.
• 7. ABETTING OR CONSPIRING IN THE FURTHERANCE OR
  IN SUPPORT OF IT.
• 8. HARBORING PERSONS ENGAGED IS ANY SUCH
  ACTIVITIES.
• USE IN RELATION TO NARCOTIC DRUGS AND
  PSYCHOTROPIC SUBSTANCES, MEAN ANY KIND OF USE
  EXCEPT PERSONAL CONSUMPTION.

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National fund for control of drug abuse

• THE CENTRAL GOVERNMENT BY NOTIFICATION IN THE
  OFFICIAL GAZETTE CONSTITUTES A FUND TO BE CALLED
  AS THE NATIONAL FUND FOR CONTROL OF DRUG ABUSE.
• THE FUND SHALL BE APPLIED BY THE CENTRAL
  GOVERNMENT TO MEET THE EXPENDITURE INCURRED IS
  CONNECTION WITH THE MEASURES TAKEN FOR COMBATING
  ILLICIT TRAFFIC AND USE OF THE DRUGS.
• THE GOVERNMENT WILL ALSO CONSTITUTE A GOVERNING
  BODY AS IT THINKS FIT TO ADVICE THAT GOVERNMENT
  IN REGARD TO THE APPLICATION.
• THE GOVERNING BODY SHALL HAVE THE POWER TO
  REGULATE ITS OWN PROCEDURE.

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Section - 9

• THE GOVERNMENT A REGARD TO THE USE OF ANY
  CONTROLLED SUBSTANCE IN THE PRODUCTION OR
  MANUFACTURE OF ANY NARCOTIC DRUG OR PSYCHOTROPIC
  SUBSTANCES.

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Section 9A ( punishment for contravention of
orders)

• Person who contravenes the order , shall be
  punishable with rigorous imprisonment for a term
  of up to 10 years also be liable to a fine of up
  to rs. 1 lakh.

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Section 27A, punishments for financing elicit
traffic and harboring offenders

• Rigorous imprisonment of not less 10 yrs up to 20
  yrs.
• Fine of not less than 1 lakh and can extend up to
  2 lakhs.

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Section 31a - death

• Penalty for certain offences exceeds 2 lakhs
• Cultivating any coca plant or gathering any part
  of it.
• Cultivating the opium poppy or any cannabis
  plant.
• Engaging in production, manufacture, purchase,
  storing, sale, concealment or consumption of the
  substances, import or export or any interstate
  exchange.
• Dealing in any such type of related activities.
• Handling or letting out any premises for the
  carrying on of any of the activities.
• Financing directly or indirectly for those
  activities.

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• Abetting or conspiring in the furtherance or in
  support of it.
• Harboring persons engaged is any such activities.
• the persons who has convicted of these
  things will be punishable.

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Section -32a

• No suspension, remission or communication is any
  sentence awarded under this act.

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Section- 36a- constitution of special courts

• The government by notification
• Can provide as many as special courts for the
  purpose.
• Consist a single judge appointed by the
  government concurrent with the chief justice of
  the high court.

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Section 36a-offences tribal by special court

• All offences under this act shall be punishable
  only under the special court of that specified
  area.
• A person accused or suspected of an offence by
  this act if forwarded to the magistrate and by
  him authorize the detention of the person in such
  custody.
• judicial magistrate not exceeding 15 days
• Executive magistrate seven days
• When trying an offence under this act, a special
  court may also try an offence other than this
  act, under the code of criminal procedure 1973,be
  charged at the same trial.

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Section 52 a- disposal of any seized narcotic
drugs and psychotropic substances

• When any such substances seized are forwarded to
  the officer in charge of the nearest police
  station she should prepare inventory containing
  the details of description, quality, quantity,
  mode of packing, marks, numbers and other
  identification and further proceedings should
  submit it to the magistrate.
• Taking photographs in the magistrate, for
  certifying the issues.
• Indian evidence act,1872,the court shall treat
  the inventory, photographs and list of samples as
  evidence for the case under the special court.

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Section - 59

• Any addict or any other person who has been
  charged with an offence under this act and who
  will fully aids in, or confines at, the
  contravention of any provision- shall be
  punishable with rigorous imprisonment of not less
  than 10yrs and up to 20 yrs and also be liable
  for fine not less than one lakh rupees but may
  extend up to 2 lakh rupees.

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Section- 68-n-appellate tribunal for forfeited
property

• Any individual who had been residing in the
  residential premises.
• Any individual who had been or is managing the
  affairs or keeping the accounts of such person.
• Any association of persons, body of individuals,
  partnership firm, or private company of which
  such person had been or is a member, partner or
  director.
• The trust of any trust, where the trust is
  created by such person

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conclusion

• Narcotic drugs and psychotropic substances
  act,1988. as an inclusion under this act, the
  central government by notification in the
  official gazette constitutes a fund to be called
  as the national fund for control of drug abuse.
  Any person, who contravenes the order, shall be
  punishable with rigorous imprisonment for a term
  of up to 10 yrs also be liable to a fine of up to
  rs.1 lakh.