Narcotics Drugs and Psychotropic Substances (Amendment) Act, 2001 - Substitution of new section for section 31

12. Substitution of new section for section 31.

         For section 31 of the principal Act, the following section shall be substituted, namely –

            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 one-half of the maximum term of imprisonment, and also be liable to fine which shall extend to one-half 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 one-half of the minimum term of imprisonment and one-half of the minimum amounts 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.   
 
13.  Amendment of section 31A.

            In section 31A of the principal Act –

            (a)  in sub-section (1) –

                 (i) for the words, figures, brackets and letter "section 15 to section 25  (both  inclusive) or section 27A", the words, figures and letter "section 19, section 24, section 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance" shall be substituted;

                 (ii) in sub-clause (a), in the Table, in column (2), against entry (viii), for the figures and word "1,500 grams", the words "lesser of the quantity between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture" shall be substituted;

            (b) in sub-section (2), for the words, figures, brackets and letter "section 15 to section 25 (both inclusive), section 27A, section 28 or section 29", the words, figures and letter "section 19, section 24 or section  27A and  for offences involving commercial quantity of any narcotic drug or psychotropic substance" shall be substituted.

14. Insertion of new section 32B.-After section 32A of the principal Act, the following section shall be inserted, namely –

           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.

15. Substitution of new section for section 36A.

            For section 36A of the principal Act, the following section shall be substituted, namely –

            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 this 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.

            (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 clause (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.
 
16.  Substitution of new section for section 36D.

            For section 36D of the principal Act, the following section shall be substituted, namely –

            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).