Procedure Under The Narcotic Drugs and Psychotropic Substances Act, 1985

The Narcotic Drugs and Psychotropic Substances Act, 1985

Procedure under Act

(1) Arrest and Search Powers: Judges or authorized officials can issue arrest or search warrants for drug-related crimes. Government officers can also make arrests or conduct searches if they suspect drug offenses.

(2) Search Without Warrant: Special officers can search for drugs or evidence without warrants during the day or at night if there's a risk of evidence being hidden.

(3) Public Places and Transportation: Officers can seize drugs in public places or during transport. They can stop and search individuals suspected of drug possession and arrest them if necessary.

(4) Crimes Involving Certain Plants: Rules for searching, arresting, and seizing apply to crimes involving specific plants like coca, opium, and cannabis.

(5) Seizure When Not Practical: Officers can issue orders to prevent the movement or sale of goods, including crops, when seizing them isn't feasible.

(6) Reporting Illegal Cultivation: Landholders and officials must report illegal cultivation of certain plants to the authorities or face punishment.

(7) Attachment of Illegal Crops: Magistrates can order the attachment or destruction of illegally grown plants.

(8) Stopping and Searching Conveyances: Authorized officers can stop and search vehicles and animals for illegal drugs and use force if needed.

(9) Conditions for Searching Individuals: Individuals can request to be taken to a senior officer or magistrate before a search. Searches of females must be conducted by females.

(10) Controlled Delivery: Authorities can carry out controlled delivery of drug shipments in consultation with foreign authorities.

(11) Application of Criminal Procedure Code: The Criminal Procedure Code applies to warrants, arrests, searches, and seizures, unless it conflicts with this Act.

(12) Disposal of Arrested Persons and Seized Items: Persons arrested and seized items are taken to the nearest police station. Proper legal actions must be taken.

(13) Disposal of Seized Drugs: The Central Government can specify how seized drugs should be disposed of. Records of seizures are considered evidence in court.

(14) Investing Officers with Police Powers: Government can authorize officers from various departments to have police-like powers for drug offense investigations.

(15) Relevance of Statements: Statements made during investigations can be used as evidence under specific circumstances.

(16) Presumption from Possession: Possession of illegal drugs or related items is presumed to be connected to an offense unless proven otherwise.

(17) Police Custody of Seized Items: The local police station takes custody of seized items.

(18) Mutual Assistance Among Officers: Officers from different departments must assist each other in enforcing the Act.

(19) Reporting Arrests and Seizures: Those making arrests or seizures must report them to superiors or competent authorities.

(20) Punishment for Wrongful Actions: Officers can be punished for wrongful arrests or searches.

(21) Failure of Officers in Duty: Officers neglecting their duties can be punished, especially in addiction treatment cases.

(22) Confiscation of Illicit Items: Illegally obtained drugs and related items can be confiscated, including goods used to hide drugs.

(23) Procedure for Confiscation: Courts decide when to confiscate seized items and how to sell them.

(24) Immunity from Prosecution: The government can grant immunity for providing information or seeking addiction treatment.

(25) Presumption Regarding Documents: Documents seized or received from outside India can be used as evidence.

(26) Power to Gather Information: Officers can request information and documents during investigations.

(27) Protection of Informant Identities: Officers cannot be forced to reveal their informants' identities.

Written By :  Harshavardhan Prakash Deshmukh,

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B.A.LL.B. = Modern Law College, Pune

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