Section 20 in The Narcotic Drugs And Psychotropic Substances Act, 1985
20. Punishment for contravention in relation to cannabis plant and cannabis.-—
Whoever
National Fund for Control of Drug Abuse constituted under section 7A of the Narcotic Drugs and Psychotropic Substances Act ... provisions of section 11, section 12 or section 12-A; [ Substituted by Act 4 of 1988, Section 25, for Clauses
relating to narcotic drugs, to
make stringent provisions for the control and regulation of
operations relating to narcotic drugs and psychotropic
substances ... Section 43
empowers such officer as mentioned in Section 42 to seize in
any public place or in transit, any narcotic drug or
psychotropic
Act.
Section 52 reads thus :
Disposal of persons arrested and articles seized.
(1) Any officer arresting a person under section 41 , section
42 , section ... person arrested and article seized under
sub- section (2) of section 41 , section 42 , section 43 or
section 44 shall be forwarded without unnecessary delay
under revenue acts to record
evidence, such as section 108 of the Customs Act 1962, and section 14
of the Central Excise Act ... Act and the Railway
Property (Unlawful Possession) Act, 1966 , the Sea Customs Act, 1878,
the Central Excise Act, 1944 , and the Customs Act
below:—
(a) the United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic
Substances, to which India is a party, calls for
prevention ... under the 2002 Act.
When Parliament enacted the 2002 Act, this scheme was
completely changed in that Section 45 of the Act now spoke
only
officers
acting under Section 42 have been provided in the proviso to Section
42(1) and in Section 42(2) of the NDPS ... relating to narcotic drugs, incorporating stringent
provisions for control and regulation of operations relating to narcotic
drugs and psychotropic substances. The object
Drugs and Psychotropic Substances and the matters connected
therewith.
10
Section 2(xiv) of the Act defines "narcotic drug" to mean ... powers
conferred by sub-section (1) of Section 52A of the
Narcotic Drugs and Psychotropic Substances Act,
1985 (61 of 1985), (hereinafter referred
SINHA, J.
The appellant assails his conviction under Section 18 of
the Narcotic Drugs and Psychotropic Substances Act, 1985
(hereinafter referred as “the NDPS ... stringent provisions of the NDPS Act , such
as Section 37 , the minimum sentence of ten years, absence
of any provision
order made by court under
Section 8 of the Act is set out in sub-section (2) of
Section 10 . Therefore, as rightly submitted ... proof for
conviction. Consequently we uphold the
constitutional validity of Section 27 .
Section 30 :
Section 30 contains provision for the
protection of witness. It gives