Narcotics Drugs and Psychotropic Substances Act, 2001- Introduction

Narcotics Drugs and Psychotropic Substances (Amendment) Act, 2001.

ACT NO. 9 OF 2001

[9th May, 2001.]

An Act further to amend the Narcotic Drugs and Psychotropic Substances Act, 1985. BE it enacted by Parliament in the Fifty-second Year of the  Republic of India as follows –

1. Short title and commencement –

            (1)  This Act may be called the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001.

            (2)  It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

2. Amendment of section 1 –

            In the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) (hereinafter referred to as the principal Act), in section 1, in sub-section (2), after the words "whole of India", the following shall be inserted, namely – "and it applies also –

            (a)  to all citizens of India outside India; 

            (b)  to all persons on ships and aircrafts registered in India, wherever they may be".

3. Amendment of section 2 –

            In section 2 of the principal Act –

            (a)  for clause (i), the following clause shall be substituted, namely –

                  ‘(i) "addict" means a person who has dependence on any narcotic drug or psychotropic substance;’

            (b)  clause (viia)  shall be relettered as clause (viid) and before clause (viid) as so relettered, the following clauses shall be inserted, namely –

                        (viia) "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the  Official Gazette;

                        (viib)  "controlled delivery" means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted for them to pass out of, or through or into the territory of India with the knowledge and under the supervision of an officer empowered in this behalf or duly authorised under section 50A with a view to identifying the persons involved in the commission of an offence under this Act;

                        (viic)  "corresponding law" means any law corresponding to the provisions of this Act;

            (c)  after clause (xxiii), the following clause shall be inserted, namely –

                        (xxiiia)   "small quantity", in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the  Official Gazette.

4. Amendment of section 7A –

            In section 7A of the principal Act, for sub-sections (2) and (3), the following sub-sections shall be substituted, namely –

            (2)   The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with the measures taken for –

                       (a)   combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances;

                        (b)  controlling the abuse of narcotic drugs and psychotropic substances;

                        (c)   identifying, treating, rehabilitating addicts;

                        (d)   preventing drug abuse;

                        (e)   educating public against drug abuse; and

                        (f)    supplying drugs to addicts where such supply is a medical necessity.

            (3)  The Central Government may constitute a Governing Body as it thinks fit to advise that Government and to sanction money out of the said Fund subject to the limit notified by the Central Government in the Official Gazette.

 5.  Insertion of new section 8A –

            After section 8 of the principal Act, the following section shall be inserted, namely –

            8A.  Prohibition of certain activities relating to property derived from offence.  No person shall –

               (a)  convert or transfer any property knowing that such  property  is derived  from  an offence committed under this Act or under any other corresponding law of any other country or from an act of participation in  such  offence, for the purpose of concealing  or disguising the illicit  origin  of the  property  or to assist any person  in  the commission of an offence or to evade the legal consequences; or

               (b)   conceal or disguise the true nature, source, location, disposition of any property knowing that such property is derived from an offence committed under this Act or under any other corresponding law of  any other country; or

               (c)   knowingly acquire, possess or use any property which was  derived from an offence committed under this Act or under any other corresponding law of any other country.