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Union of India - Section

Section 31A in The Narcotic Drugs And Psychotropic Substances Act, 1985

31A. Death penalty for certain offences after previous conviction.—

(1)Notwithstanding anything contained in section 31, 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 section 19, section 24, section 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence relating to —
(a)engaging in the production, manufacture, possession, transportation, import into India, export from India or transhipment, of the narcotic drugs or psychotropic substances specified under column (1) of the Table below and involving the quantity which is equal to or more than the quantity indicated against each such drug or substance, as specified in column (2) of the said Table:
TABLE
Particulars of narcotic drugs/psychotropic substances Quantity
(1) (2)
(i) Opium 10Kgs.
(ii) Morphine 1Kg.
(iii) Heroin 1Kg.
(iv) Codeine 1Kg.
(v) Thebaine 1Kg.
(vi) Cocaine 500 grams.
(vii) Hashish 20 Kgs.
(viii) Any mixture with or without any natural material of any of the above drugs lesser of the quantity between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture.
(ix) LSD, LSD-25(+)-N, N Diethyllysergamide (d-lysergic acid diethylamide) 500 grams
(x) THC (Tetrahydrocannabinols, the following Isomers : 6a (10a), 6a (7) 7, 8, 9, 10, 9 (11) and their stereo chemical variants) 500 grams
(xi) Methamphetamine (+)-2-Methylamine-1 -Phenyl propane 1,500 grams
(xii) Methaqualone (2-Methyl-3-0-tolyl-4-(3h)-quinazolinone) 1,500 grams
(xiii) Amphetamine (+)-2-amino-1-phenylporpane 1,500 grams
(xiv) Salts and preparations of the psychotropic substances mentioned in (ix) to (xii) 1,500 grams;
(b)financing, directly or indirectly, any of the activities specified in clause (a), shall be punished with punishment which shall not be less than the punishment specified in section 31 or with death.
(2)where any person is convicted by a competent court of criminal jurisdiction outside India under any law corresponding to the provisions of section 19, section 24 or section 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance, such person, in respect of such conviction, shall be dealt with for the purposes of sub-section (1) as if he had been convicted by a court in India.