Important Sections in NDPS Act


0 Sec 35 Onus is on accused to prove innocent unless the contrary is proved.
1 Sec 37 for Bail, statutory bail after 180 days, can be denied upto an year u/s 36 (a) (4). Bail in small quantity is a right to bail. (Abdul vs UP, Shazi vs Kerala, Mueller vs Maharashtra). Pretrial detention is upto 60-90 days. 180 days to 1 year in certain cases where investigation is not complete.
2 Sec 36 to set up special courts
3 Read sec 29 for conviction read with 20 (b)(ii)(c) with 8 (C) , 22,28, 30 of NDPS, Act 1985
4 Sec 67 – confessional statement
5 Sec 19, 24, 27A commercial qty. released on bail only PP gets opportunity and court is satisfied.
6 Offences are booked under 8/21/29/60
7 Sec 8 talks about prohibition of these substances for commercial and personal use.
8 Sec 19 farmer produces it for his own use and embezzles it. 10-20 years jail plus 1-2 lakh fine
9 Sec 23 Illegal import-export , transshipment of Narcotic drugs
10 Any person Who engages in  external dealings in contravention of the act.
11 Repeat offender 1 ½ of the punishment is enhanced what is prescribed.
12 Death penalty after 2014 not mandatory.
13 Search in front of 2 respectful panchas and their signature affixed on it.
14 Sec 55 seal of officer in charge taking the seizure, Sec 50 in front of magistrate or gazette officer when doing search.
15 Sec 58 Strict punishment for imposing false and vexatious complaint.
16 Sec 39 – Small qty addicts can be diverted to treatment for detoxification.
17 Sec 64 A – Immunity from protection to addicts volunteering for treatment.

Five Chapters
1.       Intro Preliminary, definition of various drugs, psychotropic substances, central govt power to add or omit in the test.
2.       Authorities and Officers
3.       Prohibition, Control & Regulation, CG & State make rules.
4.       Offences and Penalties under NDPS Act
5.       Procedure of How the cases are to be dealt with & set guidelines for officers.

Cocaine
2gm
100 gm
Heroine
5gm
250 gm
Charas
100 gm
1kg
Ganja
1kg
20 kg


NCRB- National Crime Records Bureau
Location: Chandigarh, India

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