Skip to content


Dangerous Drugs Act, 1930 Complete Act - Bare Act

StateCentral Government
Year
Act Info:
DANGEROUS DRUGS ACT, 1930

DANGEROUS DRUGS ACT, 1930

2 of 1930

1st March, 1930
STATEMENT OF OBJECTS AND REASONS In view of the obligations undertaken by the Government of India by ratifying the Geneva Dangerous Drugs Convention. 1925, and the existing confusion of the laws governing the traffic In dangerous drugs in British India, it has become necessary to enact a Central Dangerous Drugs Act. The obligations that have been so undertaken by the Central Government are two-fold; firstly, in regard to the regulation of inter- national traffic in all the drugs covered by the Convention, and secondly, in regard to the regulation of the manufacture of, and Internal traffic 'in, certain specified drugs, such as cocaine and morphine. The subject-matter of the Bill is one that under the Devolution Rules, is partly provincial, but the Local Governments have assented to the passing of Central legislation on the subject in view of the special advantages of such legislation in the circumstances. In addition to centralising and vesting in the Governor-General in Council the control of certain operations relating to dangerous drags, the proposed Bill renders uniform, and in some cases increases, the penalties for certain offences relating to dangerous drugs.""Gazette of India, 1929, Pt. V, p. 138.
An Act to centralise and vest in the 2[Central Government] the control over certain operations relating to dangerous drugs and increase and render uniform3[* * *] the penalties for offences relating to such operations Whereas India participated in the Second International Opium Conference, winch was convoked in accordance with the resolution of the Assembly of the League of Nations dated the 27th day of September, 1923, met at Geneva on the 17th day of November, 1924, and on the 19th day of February, 1925, adopted the Convention relating to Dangerous Drugs (hereinafter referred to as the Geneva Convention); And whereas India was a State signatory to the said Geneva Convention; And whereas the Contracting Parties to the said Geneva Convention re- solved to take further measures to suppress the contraband traffic in and abuse of Dangerous Drags, especially those derived from opium, Indian hemp and coca leaf, such measures being more particularly set forth in the Articles of the said Geneva Convention; And whereas for the effective carrying out of the said measures it is expedient that the control of certain operations relating to Dangerous Drugs should be centralised and vested in the Central Government,' And whereas it is also expedient that the penalties for certain offences relating to Dangerous Drugs should be increased, and that all penalties relating to certain operations should be rendered uniform3[* * *]; It is hereby enacted as follows:"
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called THE DANGEROUS DRUGS ACT, 1930.
(2) It extends to the whole of India4[* * *].
(3) It shall come into force on such date5as the6[Central Government] may, by notification in the7 [Official Gazette], appoint.
SECTION 02: DEFINITIONS
" In this Act, unless there is anything repugnant in the subject or context,"
(a) "coca leaf" means"
(i) the leaf and young twigs of any coca plant, that is, of the Erythroxyton coca (Lamk) and the Erythroxyton novo-granatense (Hiern.) and their varieties, and of any other species of this genus which the8[Central Government] may by notification in the 9[Official Gazette], declare to be coca plants for the purposes of this Act; and
(ii) any mixture thereof, with or without neutral materials; but does not include any preparation containing not more than 0.1 per cent. of cocaine;
(b) "coca derivative" means"
(i) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine;
(ii) ecgonine, that is, laevo-ecgonine having the chemical formula C9H15N03H20, and all the derivatives of laevo-ecgonine from which it can be recovered;
(iii) cocaine, that is methyl-benzoyl-laevo-ecgonine having the chemical formula C17H21N04, and its salts;
(iv) all preparations, official and non-official, containing more than 0.1 per cent. of cocaine;
(c) "hemp" means"
(i) the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis sativa L.), including all forms known as bhang, siddhi, or ganja;
(ii) charas, that is, the resin obtained from the Indian hemp plant, which has not been submitted to any manipulations other than those necessary, for packing and transport; and
(iii) any mixture, with or without neutral materials of any of the above forms of hemp or any drink prepared therefrom:
(d) "medical hemp" means any extract or tincture of hemp;
(e) "opium" means"
10[(i) the, capsules of the poppy (Papaver somniferum L.), whether in their original form or cut, crushed or powdered, and whether or not juice has been extracted therefrom;]
(ii) the spontaneously coagulated juice of such capsules which has not been submitted to any manipulations other than those necessary for packing and transport; and
(iii) any mixture, with or without neutral materials, of any of the above forms of opium; but does not include any preparation containing not more than 0.2 per cent. of morphine;
(f) "opium derivative" means"
(i) medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether in powder form or granulated or otherwise or mixed with neutral materials;
(ii) prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking, and the dross or other residue remaining after opium is smoked;
(iii) morphine, that is, the principal alkaloid of opium having the chemical formula C17H19N03, and its salts;
(iv) diacetylmorphine, that is, the alkaloid, also known as diamorphine or heroin, having the chemical formula C21H23N05, and its salts; and
(v) all preparations, official and non -official, containing more than 0.2 per cent. of morphine, or containing any diacetylmorphine;
(g) "manufactured drug" includes"
(i) all coca derivatives, medicinal hemp and opium derivatives; and
(ii) any other narcotic substance which the 11[Central Government] may, by notification in the14[Official Gazette] made in pursuance of a recommendation underArticle 10of the Geneva Convention15[or in pursuance of any international convention supplementing the Geneva Convention], declare to be a manufactured drug; but does not include any preparation which the Central Government may, bynotification in the Official Gazette 12made in pursuance of a finding underArticle 8 of the Geneva Convention, declare not to be a manufactured drug;
(h) "dangerous drug" includes coca leaf, hemp and opium, and all manufactured drugs;
16[(i) "to import into17[India] means to bring into18[India] by land, sea or air across any of the customs frontiers defined up by the Central Government 19[, and includes the bringing into any port or place in17[India] of a dangerous drug intended to be taken out of17[India] without being removed from the ship or conveyance in which it is being carried];
(j) "to import inter-provincially" means to bring into a State otherwise than across any of the said customs frontiers;
(k) "to export from 20[India]'' means to take out of20[India] by land, sea or air across any of the said customs frontiers;
(l) "to export inter-provincially" means to take out of a State otherwise than across any of the said customs frontiers;
21[(11) * * * * *]
(m) "to transport" means to take from one place to another in the same22[State];23 [* * * * * ]
23[(n) * * * * * ]
SECTION 03: CALCULATION OF PERCENTAGES IN LIQUID PREPARATIONS
The24[Central Government) may make rules prescribing the method by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses (a), (b), (e) and (f) of Section 2-: Provided that, unless and until such rules are made, such percentages shall be calculated on the basis that a preparation containing one per cent. of a substance means a preparation in which one gramme of the substance, if a solid, or one millilitre of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion for any greater or less percentage.
SECTION 04: PROHIBITION OF CERTAIN OPERATIONS
25[(1)] No one shall"
(a) cultivate any coca plant or gather any portion of a coca plant,
(b) manufacture or possess prepared opium, unless it is prepared from opium lawfully possessed for the consumption of the person so possessing it, or
(c) import into26[India], export from26[India], tranship or sell prepared opium. Provided that this section shall not apply to the cultivation of any coca plant or to the gathering of any portion thereof on behalf of the29 [Government].
27[(2) The28[State Government] may make rules restricting and regulating the manufacture and possession of prepared opium from opium which is law- fully possessed under clause (b) of subsection (1).]
OBJECTS AND REASONS "We have amended sub-clause (b) so as not to penalise the preparation of prepared opium by a lawful owner's relative or servant, on his behalf. In sub-clause (c) we have deleted the word transport', as the transport of prepared opium which Is unlawfully possessed will be punishable as unlawful possession, whereas the transport of prepared opium lawfully possessed cannot, on practical ground, be made punish- able. We have added a proviso which will allow Government to grow the coca plant, and to experiment in the manufacture of cocaine therefrom, as we think it desirable that India should not be debarred from having indigenous supplies of this valuable drug tor proper medicinal uses......""S.C.R.
SECTION 05: CONTROL OF CENTRAL GOVERNMENT OVER PRODUCTION AND SUPPLY OF OPIUM
(1) No one shall"
(a) cultivate the poppy (Papaver somniferum L.) or
(b) manufacture opium,save in accordance with rules made under sub-section (2) and with the conditions of any licence for that purpose which he may be required to obtain under those rules.
(2) The30[Central Government] may make rules permitting and regulating the cultivation of the poppy (Papaver somniferum L.) and the manufacture of opium, and such rules may prescribe the form and conditions of licences for such cultivation and manufacture, the authorities by which such licences may be granted, the fees that may be charged therefor, and any other matter requisite to render effective the control of the30[Central Government] over such cultivation and manufacture.
(3) The31[Central Government] may also make rules permitting and regulating the sale of opium from Government factories for export or to32[State Governments] or to manufacturing chemists.
SECTION 06: CONTROL OF CENTRAL GOVERNMENT OVER MANUFACTURE OF MANUFACTURED DRUGS
(1) No one shall manufacture any manufactured drug, other than prepared opium, save in accordance with rules made under sub-section (2) and with the conditions of any licence-for that purpose which he may be required to obtain under those rules.
(2) The33[Central Government] may make rules34permitting and regulating the manufacture of manufactured drugs, other than prepared opium, and such rules may prescribe the form and conditions of licences for such manufacture, the authorities by which such licences may be granted and the fees that may be charged therefor, and any other matter requisite to render effective the control of the33[Central Government] over such manufacture.
(3) Nothing in this section shall apply to the manufacture of medicinal opium or of preparations containing morphine, diacetylmorphine or cocaine from materials which the maker is lawfully entitled to possess.
SECTION 07: CONTROL OF CENTRAL GOVERNMENT OVER OPERATIONS AT LAND AND SEA FRONTIERS
(1) No one shall"
(a) import into35[India],
(b) export from35[India] or
(c) tranship any dangerous drug, other than prepared opium, save in accordance with rules made under sub - section (2) and with the conditions of any licence for that purpose which he may be required to obtain under those rules.
(2) The36[Central Government] may make rules permitting and regulating the import into and export from37[India] and the transhipment of dangerous drugs, other than prepared opium, and such rules may prescribe the ports or places at which any kind of dangerous drug may be imported, exported, or transhipped, the form and conditions of licences for such import, export or transhipment, the authorities by which such licences may be granted, the fees that may be charged therefor, and any other matter requisite to render effective the control of the Central Government over such import, export and transhipment.
SECTION 08: CONTROL OF STATE GOVERNMENT OVER INTERNAL TRAFFIC IN MANUFACTURED DRUGS AND COCA LEAF
(1) No one shall"
(a) import or export inter-provincially, transport, possess or sell any manu- factured drug, other than prepared opium, or coca leaf, or
(b) manufacture medicinal opium or any preparation containing morphine, diacetylmorphine or cocaine, save in accordance with rules made under sub -section (2) and with the conditions of any licence for that purpose which he may be required to obtain under those rules.
(2) The38[State Government] may39[* * *] make rules permitting and regulating"
(a) the inter -State import and export into and from the territories under its administration, the transport, possession and sale of manufactured drugs, other than prepared opium, and of coca leaf; and
(b) the manufacture of medicinal opium, or of any preparation containing morphine, diacetylmorphine or cocaine from materials which the maker is lawfully entitled to possess. Such rules may prescribe the form and conditions of licences for such import, export, transport, possession, sale and manufacture, the authorities by which such licences may be granted and the fees that may be charged therefor, and any other matters requisite to render effective the control of the38[State Gov- ernment] over such import, export, transport, possession, sale and manufacture.
(3) Save in so far as may be expressly provided in rules made under sub-section (2), nothing in this section shall apply to manufactured drugs which are the property and in the possession of Government: Provided that such drugs shall not be sold or otherwise delivered to any person who, under the rules made by the 40[State Government] under this section, is not entitled to their possession.
SECTION 09: CONTROL OF STATE GOVERNMENT OVER EXTERNAL DEALINGS IN DANGEROUS DRUGS
No one shall engage in or control any trade whereby a dangerous drug is obtained outside41[India] and supplied to any person outside42[India], save in accordance with the conditions of a licence granted by and at the discretion of the42[State Government].OBJECTS AND REASONS "We have inserted this clause in order that Local Governments may have some control over traffic in dangerous drugs where the persons promoting the traffic have their headquarters in India but the traffic itself lies entirely outside India. Such a case would arise where a merchant in Bombay arranges with opium suppliers in Persia for the despatch of opium to China. Clause 19 is introduced to supply the penalty for this clause inserted by us. We propose to limit the penalty to a fine of one thousand rupees without imprisonment.""S. C. R.
SECTION 10: PUNISHMENT FOR CONTRAVENTION OF SECTION 4
" Whoever"
(a) cultivates any coca plant or gathers any portion of a coco plant,
(b) manufactures or possesses prepared opium otherwise than as permitted underSection 4-, or
(c) imports into43[India], exports from43[India], tranships or sells prepared opium,44[shall be punishable with imprisonment which may extend to three years, with or without fine.]45Provided that this section shall not apply to the cultivation of any coca plant or to the gathering of any portion thereof on behalf of the Government.
SECTION 11: PUNISHMENT FOR CONTRAVENTION OF SECTION 5A
Whoever, in contravention of Section 5-, or any rule46made under that section, or of any condition of a licence granted thereunder,"
(a) cultivates the poppy, or
(b) manufactures opium,47[shall be punishable with imprisonment which may extend to three years,
SECTION 12: PUNISHMENT FOR CONTRAVENTION OF SECTION 6A
Whoever, in contravention of Section 6-, or any rule48made under that section, or any condition of a licence granted thereunder, manufactures any manufactured drug,49[shall be punishable with imprisonment which may extend to three years, with or without fine].
SECTION 13: PUNISHMENT FOR CONTRAVENTION OF SECTION 7A
Whoever, in contravention of Section 7-, or any rule made under that section, or any condition of a licence granted thereunder,"
(a) imports into,50[India],
(b) exports from,51[India] or
(c) tranships,any dangerous drug,52[shall be punishable with imprisonment which may ex- tend to three years, with. or without fine].
SECTION 14: PUNISHMENT FOR CONTRAVENTION OF SECTION 8A
Whoever, in contravention of Section 8-, or any rule53made under that section, or any condition of a licence issued thereunder,"
(a) imports or exports inter-provincially, transports, possesses or sells any manufactured drug or coca leaf, or
(b) manufactures medicinal opium or any preparations containing morphine
diacetylmorphine or cocaine,54[shall be punishable with imprisonment which may extend to three years, with or without fine].
SECTION 15: PUNISHMENT FOR ALLOWING PREMISES TO BE USED FOR THE COMMISSION OF AN
OFFENCE
55
[Whoever, being the owner or occupier or having the use of any house, room, enclosure, space, vessel, vehicle, or place, knowingly permits it to be used for the commission by any other person of an offence punishable under Section 10-,Section 12-,Section 13-, or Section 14-,56[shall be punishable with imprisonment which may extend to three years, with or without fine].
SECTION 16: ENHANCED PUNISHMENT FOR CERTAIN OFFENCES AFTER PREVIOUS CONVICTION
Whoever, having been convicted of an offence punishable under Section 10-,Section 12-,Section 13-, or Section 14-, is guilty of any offence punishable under any of those sections, shall be subject for every such subsequent offence a to imprisonment which may extend57to four years,58[with or without fine].

SECTION 17: ENHANCED PUNISHMENT FOR OFFENCEA UNDER SEC. 15 AFTER PREVIOUS CONVICTION
Whoever, having been convicted of an offence punishable under Section 15-, is again guilty of an offence punishable under that section, shall be subject for every such subsequent offence to imprisonment which may extend59to four years,60[with or without fine].
SECTION 18: SECURITY FOR ABSTAINING FROM COMMISSION OF CERTAIN OFFENCES
(1)Whenever any person is convicted of an offence punishable under Section 10-,Section 12- ,Section 13-, or Section 14-, and the Court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of offences punishable under those sections, the Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from the commission of such offences during such period, not, exceeding three years, as it thinks fit to fix.
(2) The bond shall be in the form contained in Schedule I, and the pro- visions of the Code of Criminal Procedure, 1898, shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under Section 106of that Code,
(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void
(4) An order under this section may also be made by an Appellate Court, or by the High Court when exercising its powers of revision.
SECTION 19: PENALTY FOR CONTRAVENTION OF SECTION 9A
Whoever engages in or controls any trade whereby a dangerous drug is obtained outside61[India] and supplied to any person outside62[India], otherwise than in accordance with the conditions of a licence granted under Section 9-, shall be punished with fine which may extend to one thousand rupees.
SECTION 20: ATTEMPTS
63
[Whoever attempts to commit an offence punishable under this Chapter, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall be punish- ed with the punishment provided for the offence.
SECTION 21: ABETMENTS
64
[(1) Whoever abets an offence punishable under this Chapter shall, whether such offence be or be not committed in consequence of such abetment, and notwithstanding anything contained in Section 116 of the Indian Penal Code, be punished with the punishment provided for the offence.
(2) A person abets an offence within the meaning of this section who, in65[India] abets t(a) would constitute an offence if committed within65[India]; or
he commission of any act in a place without and beyond65[India] which"
(b) under the laws of such place, is an offence relating to dangerous drugs having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within65[India].
SECTION 22: POWER TO ISSUE WARRANTS
(1) The Collector, or other officer authorized by the66[State Government] in this behalf, or a Presidency Magistrate or a Magistrate of the first class, or a Magistrate of the second class specially empowered by the67[State Government] in tins be ball, may issue a warrant for the arrest of any person whom he has reason to believe to have committed an offence punishable under Chapter III, or for the search, whether by day or by night, of any building, vessel or place in which he has reason to believe any dangerous drug in respect of which an offence punishable under Chapter III has been committed is kept or concealed.
(2) The officer to whom a search warrant under sub-section (1) is ad- dressed shall have all the powers of an officer acting under S. 23.
SECTION 23: POWER OF ENTRY, SEARCH, SEIZURE AND ARREST WITHOUT WARRANT
(1)68[Any officer of the department of Central Excise, Narcotics, Drugs Control, Customs, Revenue, Police or Excise, superior in rank to a peon or constable, authorized in this behalf by the Central Government or the State Government,] who has reason to believe, from personal knowledge or from information given by any person and taken down in writing, that any dangerous drug in respect of which an offence punishable under Chapter III has been committed is kept or concealed in any building, vessel or enclosed place, may, between sunrise and sunset,"
(a) enter into any such building, vessel or place;-
(b) in case of resistance, break open any door and remove any other obstacle to such entry;
(c) seize such drug and all materials used in the manufacture thereof and any other article which he has reason to believe to be liable to confiscation under Section 33-and any document or other article which he has reason to believe may furnish evidence of the commission of an of- fence punishable under Chapter III relating to such drug;, and
(d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed an offence punishable under Chapter III relating to such drug: Provided that if such officer has reason to believe that a search warrant cannot be obtained without affording opportunity for the
concealment of evidence or facility for the escape of an offender, he may enter and search such building, vessel or enclosed place at any time between sunset and sunrise, after recording the grounds of his belief
(2) Where an officer takes down any information in writing under sub" section (1), or records grounds for his belief under the proviso thereto, he shall forthwith send a copy thereof to his immediate official superior.
OBJECTS AND REASONS "As the Bill is aimed at traffic in dangerous drugs, it is desirable that officers carrying out the search of a house containing dangerous drugs should be able to seize documents or other articles which may furnish valuable evidence that the drugs seized have been the subject-matter of an of- fence. We have amended sub-clause (c) accordingly. We have added a proviso which will empower police and other officers to make searches by night, under circumstances where there is reason to believe that delay will result in the escape of the offenders or the removal of illicit drugs. We have added a new sub-clause to ensure that these powers shall be properly exercised."
SECTION 24: POWER OF SEIZURE AND ARREST IN PUBLIC PLACES
Any Officer of any of the departments mentioned in Section 23-may"
(a) seize, in any public place or in transit, any dangerous drug in respect of which he has reason to believe an offence punishable under Chapter III has been committed, and, along with such drug, any other article liable to confiscation under Section 33-, and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under Chapter III relating to such drug;
(b) detain and search any person whom he has reason to believe to have committed an offence punishable under Chapter III, and, if such per- son has any dangerous drug in his possession and such possession appears to him to be unlawful, arrest him and any other persons in his company.
SECTION 25: MODE OF MAKING SEARCHES AND ARRESTS
The provisions of the Code of Criminal Procedure, 1898,a shall apply, in so far as they are not inconsistent with the provisions of Sections 22-,23-and24-, to all warrants issued and arrests and searches made under those sections.]
SECTION 26: OBLIGATIONS ON OFFICERS TO ASSIST EACH OTHER
All officers of the several departments mentioned in Section 23-shall, upon notice given or re- quest made, be legally bound to assist each other in carrying out the provisions of this Act.
SECTION 27: REPORTA OF ARRESTS AND SEIZURES
Whenever any person makes any arrest or seizure under this Act, he shall, within forty-eight hours next after such arrest or seizure, make a full report of all the particulars70of such arrest or seizure to his immediate official superior.
SECTION 28: PUNISHMENT FOR VEXATIOUS ENTRY, SEARCH, SEIZURE OR ARREST
Any person empowered under Section 23-orSection 24-who"
(a) without reasonable grounds of suspicion, enters or searches, or causes to be entered or searched, any building, vessel or place;
(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any dangerous drug other artiticle liable to be confiscated under Section 33-, .or of seizing any document or other article liable to seizure under Section 23-erSection 24-;
(c) vexatiously and unnecessarily detains, searches or arrests any person, shall be punished with fine which may extend to five hundred rupees.
SECTION 29: DISPOSAL OF PERSONS ARRESTED AND OF ARTICLES SEIZED
(1) Every per- son arrested and articles seized under a warrant issued under S. 22 shall be forwarded without delay to the authority by whom the warrant was issued; and every person arrested and article seized under Section 23-orSection 24-shall be forwarded without delay to the officer in charge of the nearest police station or to the nearest officer of the Excise Department empowered under Section 30-.
(2) The authority or officer to whom any person or article is forwarded under this section shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or article, [Cf. Constitution of India Art. 22(2).]
OBJECTS AND REASONS See under Section 30-State Amendments
SECTION 30: POWER TO INVEST EXCISE OFFICERS WITH POWERS OF AN OFFICER IN CHARGE OF A
POLICE STATION
" The71[State Government] may invest any officer of the Excise Department or any class of such officers, with the powers of an officer in charge of a police station for the investigation of offences under this Act OBJECTS AND REASONS "We have introduced a new clause 30 giving Government power to invest Excise Officer with the powers of an officer in charge of a police station for the investigation of offences under this Act; and we have amended (Section 29-) so that offenders arrested and articles seized may be forward- ed to such officers. These amendments should facilitate the prosecution of offences and will tend to shorten the period during which persons are in custody pending their production before the Court."" S. C. R. State Amendments
SECTION 31: JURISDICTION TO TRY OFFENCES
[Repealed by the Opium Laws (Amendment) Act, 1957 (LII of 1957), S. 9 (21-12-1957).]
SECTION 32: PRESUMPTIONA FROM POSSESSION OF ILLICIT ARTICLES
In trials under this Act it may be presumed, unless and until the contrary is proved, that the accused has committed72an offence under Chapter III in respect of"
(a) any dangerous drug;
(b) any poppy or coca plant growing on any land which he has cultivated;
(c) any apparatus specially designed or any group of utensils specially adapted for the manufacture of any dangerous drug; or
(d) any materials which have undergone any process towards the manufacture of a dangerous drug, or any residue left of the materials from which a dangerous drug has been manufactured, for the possession of which he fails to account satisfactorily.
SECTION 33: LIABILITY OF ILLICIT ARTICLES TO CONFISCATIONA
(1) Whenever any offence has been committed which is punishable under Chapter III, the dangerous drug, materials, apparatus and utensils in respect of which or by means of which such offence has been committed, shall be liable to confiscation.
(2) Any dangerous drug lawfully imported, transported, manufactured, possessed, or sold along with, or in addition to, any dangerous drug 73which is liable to confiscation under sub-section (1), and the receptacles, packages and coverings in which any dangerous drug, materials, apparatus or utensils liable to confiscation under sub-section (1) is found, and the other contents, if any, of such receptacles or packages, and the animals, vehicles, vessels and other conveyances used in carrying the same, shall likewise be liable to confiscation : Provided that no animal, vehicle, vessel or other conveyance shall be liable to confiscation unless it is proved that the owner thereof knew that the offence was being, or was to be or was likely to be, committed.
SECTION 34: PROCEDURE IN MAKING CONFISCATIONS
(1) In the trial of offences under this Act, whether the accused is convicted or acquitted, the Court shall decide whether any article seized under this Chapter is liable to confiscation under Section 33-; and, if it decides that the article is so liable, it may order confiscation accordingly.
(2) Where any article seized under this Chapter appears to be liable to confiscation under Section 33-, but the person who committed the offence in connection therewith is not known or cannot be found, the Collector or other officer authorized by the74[State Government] in this behalf, may inquire into and decide such liability, and may order confiscation accordingly: Provided that no order of confiscation of an article shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim: Provided, further, that, if any such article, other than a dangerous drug, is liable to speedy and natural decay, or if the Collector or other officer is of opinion that its sale would be for the benefit of its owner, he may at any time direct it to be sold; and the provisions of this sub-section shall, as near- ly as may be practicable, apply to the net proceeds of the sale.
(3) Any person not convicted who claims any right to property which has been confiscated under this section may appeal to the Court of Session against the order of confiscation.
SECTION 35: POWER TO MAKE RULES REGULATING DISPOSAL OF CONFISCATED ARTICLES AND
REWARDS
"75[In connection with offences against rules which under this Act fall to be made by the76 [State Government], the77[State Government], and in connection with other offences the Central Government,] may make rules to regulate"
(a) the disposal of all articles confiscated under this Act; and
(b) the rewards to be paid to officers, informers and other persons out of the proceeds of fines and confiscations under this Act.
OBJECTS AND REASONS "In sub-clause (b) we have made a small amendment in order to secure that Government may give rewards out of fines and confiscations to persons who are neither officers nor informers such as private persons who take an active part in an important capture."" S. C. R.
SECTION 36: PROVISIONS REGARDING RULES
(1) All rules made under this Act shall be subject to the condition of previous publication.
78[(2) Rules made under this Act shall be published in the Official Gazette.]
79(3) Every rule made by the State Government under this Act shall be laid, as soon as may be after it is made, before the State Legislature.
(4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session) for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
SECTION 37: RECOVERY OF SUMS DUE TO GOVERNMENT
(1) Any arrear of any license fee chargeable by any rule made under this Act may be recovered from the person primarily liable to pay the same or from his surety (if any) as if it were an arrear of land revenue.
(2) When any person in compliance with any rule80made under this Act, gives a bond (other than a bond under Section 18-) for the performance of any act, or for his abstention from any act, such performance or abstention shall be deemed to be a public duty, a within the meaning of Section 74 of the Indian Contract Act, 1872; and, upon breach of the conditions of such bond by him, the whole sum named therein as the amount to be paid in case of such breach may be recovered from him or from his surety (If any) as if it were an arrear of land revenue. "Exception." When any person enters into any ball-bond, recognizance or other instrument of the same nature, or under the provisions of any law, or under the orders of the Central Government, or any State Government, gives any bond for the performance of any public duty or act in which the public are interested, he shall be liable, upon breach of the condition of any such Instrument, to pay the whole sum mentioned therein. Explanation." A person who enters into a contract with Government does not necessarily thereby undertake any public duty, or promise to do an act in which the public are Interested."
SECTION 38: APPLICATION OF THE SEA CUSTOMS ACT, 1878
All prohibitions and restrictions unposed by or under this Act on the import into82[India], the ex- port from81[India], and the transhipment of dangerous drugs, shall be deemed to be prohibitions and restrictions imposed under Section 19-orSec. 134 of the Sea Customs Act, 1878and the provisions of that Act shall apply accordingly:
Provided that, where the doing of anything is an offence punishable under that Act and under this Act, nothing in that Act or in this section shall pre- vent the offender from being punished under this Act.
SECTION 39: SAVING OF LOCAL AND SPECIAL LAWS
(1) Nothing in this Act or in the rules made there under shall affect the validity of any83[Provincial Act84[or an Act of any State Legislature]] for the time being in force, or of any rule made there under, which imposes any restriction not imposed by or under this Act, or imposes a restriction greater in degree than a corresponding restriction imposed by or under this Act, on the consumption of or traffic in any dangerous drug within85[India].
(2) Nothing in this Act or in the rules made thereunder shall affect the validity of the Opium Act, 1857: Provided that, where the doing of anything is an offence punishable under that Act and under this Act, nothing in that Act or in this sub-section shall prevent the offender from being punished under this Act.
SECTION 40: AMENDMENT OF CERTAIN ENACTMENTS
[Repealed by the Repealing Act, 1938 (1 of 1938), S. 2 and Sch.]
SECTION 41: SAVING OF THINGS ALREADY DONE
When anything done under any enactment specified in the first three columns of Schedule II is in force immediately prior to the commencement of this Act, it shall be deemed as from the commencement of this Act, to have been done under this Act or under that enactment as hereby amended, as the case may require.

SCHEDULE 01: BOND TO ABSTAIN FROM THE COMMISSION OF OFFENCES UNDER THE DANGEROUS DRUGS ACT, 1930
(See Section 18-.) Whereas I (name), inhabitant of (place), have been called upon to enter into a bond to abstain from the commission of offences under Section 10-,Section 12-,Section 13-andSection 14-of the Dangerous Drugs Act, 1930, for the term of.............. I hereby bind myself not to commit any such offence during the said term and, in case of my making default therein, I hereby bind myself to forfeit to[the Government],[* * * ] the sum of rupees..................... Dated this............day of........................19 . (Signature.) (Where a bond with sureties is to be executed, add") We do hereby declare ourselves sureties for the above named.....................that he will abstain from the commission of offences under Section 10-,Section 12-,Section 13-andSection 14 of the Dangerous Drugs Act, 1930-, during the said term; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to[the Government],[***] the sum of rupees............... Dated this............day of........................19 . (Signature.)

SCHEDULE 02:
Amendments of local Acts. [Repealed by the Repealing Act, 1938 (I at 1938),Section 2-and Schedule.]
Footnotes:
4. Words "except the State of Jammu and Kashmir" were omitted by the Jammu and Kashmir (Extension of Laws) Act, 1956 (LXII of 1956), Section 2 and Schedule.
5. The Act came into force on 1-2-1931: see Gazette of India, 1931, Pt. I, p. 35.
6. Substituted for "Governor-General in Council," by A.O., 1937.
7. Substituted for "Gazette of India", the Jammu and Kashmir (Extension of Laws) Act, 1956 (LXII of 1956).
8. Substituted for "Governor-General in Council" by A.O., 1937.
9. Substituted for "Gazette of India", the Jammu and Kashmir (Extension of Laws) Act, 1956 (LXII of 1956).
10. Substituted for former sub-clause (1) by Opium Laws (Amendment) Act, 1957 (LII of 1957), S. 5 (21-12-1957).
11. Substituted for "Governor-General in Council" by A.O., 1937.
12. See the following notifications of the Government of India In the Finance Department (Central Revenues):" (i) No. 2"Dangerous Drugs dated 10th January 1981, as amended by No. 4">
14. Substituted for "Gazette of India" by A.O., 1937.
15. Inserted by the Dangerous Drugs (Amendment) Act, 1933 (XXVI of 1693), S. 2.
16. Clauses (i) to (1) were substituted tor the original clauses (i) to (1) by A.O., 1957.
17. Substituted for the words "the States" by Jammu and Kashmir (Extension of Laws) Act, 1956 (LXII of 1956), S. 2 and Schedule.
18. For notification defining the customs frontier as the frontier, whether one or more than one, whether sea or land, whether exterior or interior of India, see Gazette of India, Extra, 1937, p. 433.
19. Inserted by the Dangerous Drugs (Amendment) Act, 1938 (III of 1938), Sec. 2, (26-2-1938).
20. Substituted for "the States" by Jammu and Kashmir (Extension of Laws) Act, 1956 (LXII of 1956), S. 2 and Schedule.
21. Cl. (11) was omitted by Jammu & Kashmir (Extension of Laws) Act, 195C (LXII of 1956), S. 2 and Sch.
22. Substituted for "Province" by A.L.O., 1950.
23. Word 'and' and cl. '(n)' were repealed by A. O. 1937.
24. Substituted for "Governor-General in Council", by A. O., 1937.
25. The original Section 4 was renumbered as sub-section (1) of that section by the Dangerous Drugs (Amendment) Act, 1933 (26 of 1933), S. 3.
26. Substituted for "the States" by Jammu and Kashmir (Extension of Laws) Act, 1956 (LXII of 1958), S. 2 and Sch. (1-11-1956).
27. Sub-section (2) was inserted by Act 26 of 1933, S. 3.
28. Substituted for "Provincial Government" by A. L. O., 1950.
29. Substituted for the "Crown" by A.L.O., 1950.
30. Substituted for "Governor-General in Council" by A. O., 1937.
31. For rules made under sub-sections (2) and (3), see the Central Opium Rules, 1934, GHZ. Ind., 1934, Pt. I, page 224.
32. Substituted for 'Provincial Government', by A.L.O., 1956.
33. Substituted for "Governor-General in Council" by A. O., 1937.
34. For Central Manufactured Drugs Rules, 1962, see G. S. Rž 1259, Gazette of India, 29-9-1962, Pt. II, Sec. 3 (i) p. 1436.
35. Substituted for the words 'the States', by Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), S. 2 and Sch. (1-11-1956).
36. Substituted for "Governor-General in Council" by A. O., 1937.
37. For the Dangerous Drugs (Import, Export and Transhipment) Rules, 1957, see S. R. 0. 3618 D/- 5-11-1957 published in Gaz. Ind., 1957, Pt. II-Sec. 3, page 2681 and for the Central Charas (Import by Land) Rules, 1935, see Gazette of India, 1935, Pt. I, page 1074.
38. Substituted for "Provincial Government", by A. L. O., 1950.
39. The words "subject to the control of the Governor-General in Council" were repealed by the A. O., 1937.
40. For Punjab Manufactured Drugs Rules, 1959, see Punj. Govt. Gaz., 11-9-1959, Pt. III, pp. 97 to 134; for M. P. Dangerous Drugs Rules, 1959, see M. P. Gaz., 9-2-1960, Pt. IV (Ga), p. 362; for Kerala Manufactured Drugs Rules, 1960, see Ker. Gaz., 4-4-1961. Pt. I, G. 1059; for Rajasthan Dangerous Drugs Rules, 1961, see Raj. Gaz., 18-5-1961, Pt. IV (Ga), p. 41: for Dangerous Drugs (Mysore) Rules, I960, see Mys. Govt. Gaz., 5-10-1961. Pt. IV, S. I-C (ii), p. 1845; for U. P. Dangerous Drugs Rules, 1961, see U. P. Gaz., 13-1-1962, Pt. I-A, p. 43; for Andaman and Nicobar Islands Manufactured Drugs Rules, 1966. see A. & N. Gaz., Extž dated 26-11-1967; for Goa, Daman and Diu Manufactured Drugs Rules, 1973"See Goa Gaz., 18-10-1973, Sr. I, p. 290. For Bombay Dangerous Drugs Rules, 1935 as amended up to 1971, see Maharashtra Rules and Orders under Central Acts Vol. V, p. 2789 et seq.
41. Substituted for the words "the States", by Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1856), S. 2 and Sch. (1-11-1956).
42. Substituted for 'Provincial Government' by A. L. O., 1959.
43. Substituted for "the States" by Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), S. 2 and Sch. (1-11-1956).
44. Substituted for the words "shall be punished with imprisonment which may extend to two years, or with fine, or with both", by Opium Laws (Amend- ment) Act, 1957 (52 of 1957), S. 6 (21-12-1957).
45. Offences under Ss. 10 to 17 (both inclusive) and Ss. 19 to 21 (both inclusive) can be investigated by the Delhi Special Police Establishment in the follow- ing States" (1) A. P., Assam, Bihar, Mysore and Rajasthan"See Gaz. of Ind., 21-8-196S, Pt. II, S. 3 (ii), p. 2799 (S. O. 2557). (2) Gujarat, Maharashtra, Tamil Nadu, Orissa, Punjab and U. P."Gaz. of Ind., 17-4-1965, Pt. II, S. 3 (ii), p. 1320 (S. 0. 1183). (3) West Bengal"Gaz. of Ind., 11-3-1967, Pt. II, S. 3 (Ii), p. 601 (S. O. 775). (4) Nagaland"Gaz. of Ind., 28-10-1967, Pt. II, S. 3 (II), p. 4010 (S. 0. 3786). (5) Madhya Pradesh and Kerala"Gaz. of Ind., 20-2-1965, Pt. II, S. 3 (ii), p. 684.
46. For extension of jurisdiction of Delhi Special Police Establishment to of- fence under this section in Nagaland and West Bengal, see foot-note [c] to
47. Substituted for the words "shall be punished with imprisonment which may extend to two years, or with fine, or with both", by the Opium Laws (Am- endment) Act, 1957 (LII of 1957), S. 6 (21-12-1957).
48. See toot-note (c) under S. 10 supra.
49. Substituted for the words "shall be punished with imprisonment which may may extend to two years, or with fine, or with both", by the Opium Laws (Amendment) Act, 1957 (LII of 1957), S. 6 (21-12-1957).
50. See foot-note [c] under S. 10 supra.
51. Substituted for the words "the States", by Jammu and Kashmir (Extension of Laws) Act, 1956 (LXII of 1956), S. 2 and Sch. (1-11-1956).
52. Substituted for the words "shall be punished with imprisonment which may extend to two years, or with fine, or with both', by Opium Laws (Amend- ment) Act, 1957 (LII of 1957), S. 6 (21-12-1957).
53. See foot-note [c] under Section 10 (supra).
54. Substituted tor the words "shall be punished with Imprisonment which may extend to two years, or with fine, or with both", by Opium Laws (Amend- ment) Act, 1957 (LII of 1957), S. 6 (21-12-1957).
55. See foot-note [c] under Section 10 (supra).
56. Substituted tor the words "shall be punished with imprisonment which may extend to two years, or with fine, or with both", by the Opium Laws (Am- endment) Act, 1957 (Lll of 1957), S. 6 (21-12-1957).
57. See foot-note [c] under Section 10 (supra).
58. Substituted tor the words "or to line, or to both", by the Opium Laws (Am- endment) Act, 1957 (Lll of 1957), S. 7 (21-12-1957).
59. See foot-note [c] under Section 10 (supra).
60. Substituted tor the words "or to fine, or to both", by the Opium Laws (Am- endment) Act, 1957 (LII of 1957), S. 7 (21-12-1957).
61. See foot-note [c] under Section 10 (supra).
62. Sabstituted far the worts "the States", by the Janunu and Kashmir (Exten- sion ol Laws) Act, 1956 (I-XII of 1956), S. 2 and Sch.
63. Offence under this section and next, when committed in the States of A. P., Assam, Bihar, Mysore, fidJastban, Gujarat, Maharasbtra, Punjab; Orissa, U. P., West Bengal, Tamil Nadu and Nagaland, can be investigated by the Delhi Special Police Establishment"See foot-note [c] under & 10 above.
64. See toot-note [c] under Section 10 (supra).
65. Substituted for the words "the States", by the Jammu and Kashmir (Exten- sion of Laws) Act, 1956 (LXII of 1956), S. 2 and Sch.
66. Substituted for Provincial Government by A.L.O., 1950.
67. This category of Magistrates has been replaced by a new one called Metro- politan Magistrate"See Act 2 of 1974, Ss. 8 and 16.
68. Substituted for the words "any officer of the Department of Excise, Police, Customs, Salt, Opium or Revenue. Superior in rank to a peon or constable, authorized in this behalf by the State Government,,' by the Opium Laws (Amendment) Act, 1957 (LII of 1957), S. 8 (21-12-1957).
70. Constitution of India, Art. 22 (2); Criminal Procedure Code, 1973, S. 58.]
71. Substituted for 'Provincial Government' by A. L. O., 1950.
72. Cf. Evidence Act (1872), S. 114.
73. Cf. Customs Act, 1962 (52 of 1962), Ss. 111, 113 and 115.
74. Substituted by A.'L. O., 1950, for "Provincial Government".
75. Substituted for the words "the Governor-General in Council" by A. L. Ož 1937.
76. Substituted by A.L.O., 1950, for "Provincial Government".
77. For Orissa Dangerous Drugs (Disposal of Confiscated Opium) Rules, 1960, see Orissa Gazette. 15-7-1960, Pt. III, p. 467; for Mysore Dangerous Drugs Reward Rules, 1960, see Mysore Government Gazette, 1-12-1960, Pt. IV, S. 1-C, p. 3156.
78. Substituted for the original sub-sections (2) and (S) by A. L. O., 1937.
79. Inserted vide THE DELEGATED LEGISLATION PROVISIONS (AMENDMENT) ACT, 1983 (20 Of 1983), Dt. 30th August, 1983
80. Section 74 of the Contract Act deals with compensation for breach of contract where penalty is stipulated; an exception to this section is as follows.
81. Substituted for "the States" by the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956). Section 2 and Schedule.
82. Now see the Customs Act, 1962 (52 of 1962), Sections 11 and 54.
83. Substituted for the words "enactment of a local or provincial Legislature" Toy A.L.O., 1950.
84. Substituted for the words "or an Act of the Legislature of a Part A State or Part C State" by the Opium and Revenue Laws (Extension of Application) Act, 1950 (33 of 1950), Section 2 (2) and Schedule (18-4-1950).
85. Substituted for the words "the States" by the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956), Section 2 and Schedule.

CENTRAL MANUFACTURED DRUGS RULES, 1962
G.S.R. 1259, dated 19th September, 1962. "In exercise of the powers conferred by sub-section (2) of Sec. 6 of the Dangerous Drugs Act, 1930 (2 of 1930), the Central Government hereby makes the following rules, the same having been previously published as required by sub-section (1) of Sec. 36 of the said Act, namely :
PART 1 PRELIMINARY
RULE 1 Short title, commencement and repeal
(1) These rules may be called the Central Manufactured Drugs Rules, 1962.
(2) They shall come into force at once whereupon the Central Manufactured Drugs, 1934 [published with the Government of India. Finance Department (C. R.) Notification No. 2-Dangerous Drugs, dated the 17th February, 1934] shall be repealed except as regards anything done or any offence committed or any fine or penalty incurred or any proceedings instituted before the date of commencement of these rules.
RULE 2 Definitions
"In these rules (i) "Chief Chemist" means the Chief Chemist, Central Revenues Central Laboratory, New Delhi :
(ii) Chief Excise Authority of the State" means the Commissioner of Excise or Director of Prohibition or any other officer appointed by the State Government to carry out the functions under this Act ;
(iii) "Drugs Controller" means the Drugs Controller for India appointed by the Government of India;
(iv) "Manufactured drugs" does not include prepared opium;
(v) "Narcotics Commission" means the Narcotics Commissioner appointed by the Government of India; and
PART 2 GENERAL PROHIBITION FOR MANUFACTURED DRUGS
RULE 3 .
The manufacture of crude cocaine and ecgonine, and of diacetylmorphine and its salts and of any other narcotic substance (other than codeine, dionine, thebaine, dihydrocodeinone, dihydrocodeine, acetyidihydrocodeine, acetyidihydrocodeinone dihydromorphine, dihydromorphinone, dihydrohydroxy codeinone, pholcodine,1[any synthetic manufactured drug], morphine, morphine or any of their salts) declared to be manufactured drug in pursuance of such Cl. (ii) of Cl. (g) of Sec. 2 of the Dangerous Drugs Act, 1930 (2 of 1930), is prohibited.
PART 3 MANUFACTURE OF NATURAL MANUFACTURED DRUGS
RULE 4 .
The manufacture of cocaine and its salts is prohibited save the manufacture of cocaine hydrochloride by the chemical staff employed under the [Central Board of Excise and Customs] from impure confiscated cocaine.
RULE 5 .
the manufacture of morphine, codeine, dionine, thebaine, dihydro-Codeinone, dihydrocodence. acetyidihydrocodeine, acetyidihydrocodeinone, dihydromorphine, dihydromorphinone, dihydrohdroxy codeinone ; pholcodine and their respective salts is prohibited save by the officers of the [Government Opium and Alkaloid Works, undertakings.]
RULE 6 .
The manufacture of medicinal hemp is prohibited save under and in accordance with the conditions of a licence in form A annexed hereto granted by the Chief Excise Authority of the State in which the manufacture is to be carried on. An annual fee of Rs. 10/- shall be in advance to the State Government for each licence issued under this rule or for renewal thereof.
PART 4 MANUFACTURE OF SYNTHETIC MANUFACTURED DRUGS
RULE 7 .
The manufacture of2[synthetic manufactured drug] is prohibited save under and in accordance with the conditions of a licence in form 'B' annexed hereto granted by the Narcotics Commissioner. An annual fee of Rs. 50/- shall be payable in advance to the Central Government for each licence issued under this rule or for renewal thereof.
Footnotes:
1. Subs. by S.O. 1541 dated 19th May, 1977.
2. Subs. by S.O. 1541 dated 19th May, 1977.

DANGEROUS DRUGS (IMPORT, EXPORT AND TRANSHIPMENT) RULES, 1957
S. R. 0. 3618, dated 5th November, 1957.'"In exercise of the powers conferred by sub-section (2) of Sec. 7 of the Dangerous Drugs Act, 1930 (2 of 1930) the Central Government hereby makes the following rules, the same having been previously published as required by sub-section (1) of Sec. 36 of the said Act, namely :
PART 01: PRELIMINARY
RULE 01: SHORT TITLE COMMENCEMENT, REPEAL AND APPLICATION
(1) These rules may be called the Dangerous Drugs (Import, Export and Transhipment) Rules, 1957.
(2) They shall come into force at once whereupon the Dangerous Drugs (Import, Export and Transhipment) Rules, 1933 [published with the Government of India, late Finance Department (Central Revenues) Notification No. I-Dangerous, Drugs, dated the 18th February, 1933, as subsequently amended] shall be repealed except as regards anything done or any offence committed or any fine or penalty incurred or any proceedings instituted before the date of coming into force of these rules.
RULE 02:
In these rules,
(i) the expressions "dangerous drug" and "manufactured drug" do not include prepared opium;
(ii) "Narcotic Commissioner" means the Narcotics Commissioner appointed by the Government of India.
PART 02: GENERAL PROHIBITION OF IMPORT
RULE 03
The import of the following dangerous drugs is prohibited :"
(a) Resin of cannabis sativa L (Charas) and ordinary preparation of which the resin of cannabis sativa L (Charas) forms the base;
(b) Diacety lmorphine and Ketobemidone, their salts and any preparations, admixtures, extracts or other substances containing diacetylmorphine, Ketobemidone, or their respective salts.
PART 03: IMPORT BY SEA, LAND OR AIR
RULE 04: GENERAL
(1) No dangerous drug shall be imported into India by sea, land oi air without the importe, ibtaining an import certificate issued in respect of the consignment by or order of the Narcotics Commissioner. All applications to the Narcotics Commissioner for import of dangerous drugs into India shall be accompanied by the original or certified care of the excise permit which shall be issued by the Government of the State in which the importer has his place of business or by an officer empowered in this behalf by the said Government in the form prescribed by the Narcotics Commissioner, may from time to time prescribe by notification in the Gazette of India : Provided that"
(a) A State Government may by general or special order permit a bona fide traveller to import personally into India by land or air, from Pakistan or from any foreign settlement in India, opium or hemp up to the limit of quantity within which possession by him is allowed without a permit or pass on the Indian side of the Frontier;
(b) in the case of all dangerous drugs, in transit through India from one foreign settlement to another or from one foreign country to another, the import certificate shall be issued by or under the orders of the Collector of Customs/Land Customs of the place, or airport, of import and shall be marked "in transit";
(c) in the case of manufactured drugs the bottles, phials , packages or other containers or labels affixed to them Shall plainly exhibit the actual quantity of the dangerous drugs present in each container or sufficient particular to admit of the ready calculation of such quantity.
(2) (i) The Narcotics Commissioner shall prepare seven copies of the import certificate referred to in sub-rule (1) of this rule and dispose them of in the manner hereinafter provided"
(a) Original and duplicate copies will be supplied to the importer who will transmit the original copy to the exporting country and shall produce the duplicate copy at the Custom House/Land Customs Station/Airport where the consignment arrives or, in the case of obtain delivery of the dangerous drugs. The Collector of Customs/ Land Customs or Post Master shall state on the copy presented by the importer that the drugs have actually been imported and return the document to the importer who shall indicate on it that the has received the goods. The importer shall return the import certificate incorporating the endorsement from the Collector of Customs/Collector of Land Customs or Post Master and his own endorsement to the Narcotics Commissioner through the excise authorities of the State from which the excise permit for purposes of sub-rule (1) of this rule was produced.
(b) Triplicate copy will be supplied to the Collector of Customs/Land Customs concerned who shall return it to the Narcotics Commission, along with the copy of the export authorisation to be received at the time of receipt of the consignment from the Government of the exporting country, with an endorsement to the effect that the goods have been cleared.
(c) Quadruplicate copy will be supplied to the excise authorities of the State into which the drug is to be imported for comparison with the copy produced before them by the importer under sub-clause (a) of this sub-rule.
(d) Quintuplicate copy will be supplied to the Government of the exporting country for comparison with the copy furnished to them by the importer under sub-clause (a) of this sub-rule.
(e) Sextuplicate copy will be supplied to the Drugs Controller, Government of India.
(f) Septuplicate copy will be retamed by the Narcotics Commissioner for his own use.
In-transit consignments
(ii) The Collector of Customs/Land Customs shall prepare three copies of the import certificate referred to in proviso (b) to sub-rule (1) of this rule and dispose them of in the manner hereinafter provided :
(a) Original copy will be supplied to the person or persons in charge of the consignment (e. g., crew of the vessel of aircraft). Such person or persons shall arrange that the copy of the import certificate accompanies tlie consignment. In case of post parcels the copy may be pasted or securer attached to the parcel.
(b) Duplicate copy will be forwarded to the Narcotics Commissioner.
(c) Triplicate copy will be retained by the Collector of Customs/Land Customs for his own use.
(iii) The following particulars shall be specified in the import certificate (as in the model form of import certificate in the Appendix) and the purpose for which each copy of this document is intended shall be mentioned diagonally (in red ink) on it :"
(a) name, address and business of importer;
(b) exact description and amount of drug to be importer;
(c) name and address of the firm in exporting country from which the drug is to be obtained;
(d) any special conditions to be observed (e. g., not to be imported through parcel post);
(e) customs office through which the goods are to be imported (or in the case of import by post, the post office at which delivery of the goods is to be taken):
(j) if possible, route to be followed by the goods;
(g) period within which the import is to be effected; and
(h) No. and date of the excise permit issued by the Government of the State in which the importer has his place of business and the authority issuing it.
(ii) all the copies of the import certificate referred to in Cl. (ii) of sub-rule (2) of this rule shall be marked "in transit";
Note."(i) The period allowed for the importion of drugs shall not exceed six months;
(ii) all the copies of the import certificate referred to in Cl. (ii) of sub-rule (2) of this rule shall be marked "in transit";
(iii) all certificates issued under this rule shall, save where import is to be effected by parcel post under rule 5, be prominently marked "not available by post".
RULE 05: EXTENT TO WHICH USE OF POST OFFICE IS ALLOWED
(1) Save as provided in sub- rule (2) , the medium of the post office shall not be used for the import in accordance with this Part into India by sea, land or air of any dangerous drug.
(2) Where dangerous drugs are to be imported in accordance with this Part for medical or scientific purposes only, the excise permit issued by the Government of the State concerned and the import certificate issued by the Narcotics Commissioner may be marked "available by parcel post".
RULE 06: GENERAL
(1) Subject to the provisions of sub-rule (2) no dangerous drug shall be exported from India by sea, land or air without the exporter obtaining an export authorisation issued in respect of the consignment by or under the orders of the authority competent to issue it. All applications for export of dangerous drugs shall be made to the competent authority and shall state such details as the Narcotics Commissioner may from time to time prescribe by notification in the Gazette of India.
(2) Export of Coca leaf, diacetylmorphine, Ketobemidone and of resin of Cannabis Sativa L (Charas) prohibited."The export from India of Coca leaf, diacetylmorphine, Ketobemidone, their salts or any preparations, admixtures, extracts or other substances containing diacetylmorphine, Ketobemidone, or their respective salts, and of resin of Cannabis Sativa L (Charas) and ordinary preparations of which the resin of cannabis Sativa L (Charas) forms the base, are prohibited.
RULE 07: EXPORT BY SEA : GENERAL
"Save as provided in Rule 10, dangerous drugs other than those mentioned in sub-rule (2) of Rule 6, shall not be exported by sea from India except under an authorisation granted in accordance with rule 8 and from a port appointed for the purposes in Rule 9.
RULE 08: AUTHORISATIONS FOR EXPORT BY SEA
(1) (i) The export authorisation referred to in Rule 7 shall be granted by the Narcotics Commissioner, who shall not without the special permission of the Central Government to be obtained in each case, grant an
authorisation unless"
(a) in the case of exports of opium, the opium is to be exported on behalf of the Central Government, and
(b) in the case of exports of dangerous drugs other than opium, the drugs are to be exported to a country which has ratified the Geneva Convention, 1925, regarding the production, distribution and export of dangerous drugs.
(ii) Before issuing an export authorisation, the Narcotics Commissioner shall require an import certificate from the Government of the country of destination in the form conforming as nearly as may be, to the form of import certificate in the Appendix.
(2) In the case of exports of all dangerous drugs, export authorisation shall be issued in quintuplicate, original being supplied to the consignor so that it may accompany the consignment, the duplicate copy being forwarded to the Collector of Customs of the port of export who will return it to the Narcotics Commissioner indicating on it the date of export, the triplicate copy being dispatched to the Government of the importing country in pursuance of Cl. (4) of Art. 13 of the Geneva Convention, 1925, regarding the production, distribution and export of dangerous drugs, the quadruplicate copy being forwarded to the excise authority of the State in which the exporter has his place of business and the quintuplicate copy being retained by the Narcotics Commissioner in his office.
In the event of a consignment falling under this sub -rule appearing to the Collector of Customs to be of an unusual character, the Collector of Customs shall, before allowing actual report, consult the excise authority of the State in which the exporter has his place of business.
(3) All authorizations issued under this rule shall, save where export is to be effected by parcel post under the Rule, 16 be prominently marked "not available by post".
(4) The following particulars shall be specified in the export authorization and the purpose for which each copy of this document is intended shall be mentioned diagonally (in red ink) on it :"-
(a) name, address and business of exported;
(b) exact description and amount of drug to be exported;
(c) name and address of the firm in importing country requiring the drug;
(d) number and date of import certificate and indication of the authority issuing this certificate;
(e) any special conditions to be observed (e. g., not to be exported through the post);
(f) if possible, the route to be followed by the goods; and
(g) period within which the export is to be effected. The maximum period allowed for export shall not exceed 3 months.
RULE 09: PORTS FROM WHICH EXPORT TO BE MADE
The dangerous drugs specified in the first column of the annexed table shall not be exported by sea from India to a place specified in the corresponding entry in the second column save from a port specified in the corresponding entry in the third column thereof.
Dangerous Drugs Place to which Port or ports form which exported exported
1
2
3
1. Opium
Any place outside India.
Bombay and Calcutta.
2. Cannabis Sativa L.
Any place outside India.
Calcutta, Madras and
(Indian hemp) and
Bombay.
manufactured
drugs.
RULE 10: SPECIAL AUTHORISATION OF EXPORT FOR USE ON SHIPS
"The Collector of Customs at any port from which a ship departs from India may grant an authorization for the export by that ship of such quantity of opium, hemp, and manufactured drugs as it in his opinion required for bona fide use on board the ship by the crew and save in the case of pilgrim ships by the passengers.
(2) In the case of a pilgrim ship the Collector of Customs may issue an authorization for the export of an additional quantity of opium, hemp and manufactured drugs for use on board the ship by pilgrims. Such authorization shall not be issued save on the authority of an excise permit granted by or under the orders of the State Government within whose jurisdiction the port of departure is situate on the strength of a certificate from the port Health Officer that opium, hemp and manufactured drugs to the quantity involved are necessary for the use of pilgrims on board the ship.
RULE 11: EXPORT BY LAND
"The dangerous drugs, save those the export of which is prohibited under sub-rule (2) of Rule 6, may be exported by land from India under an export authorization granted by the Narcotics Commissioner :
Provided that an export authorization shall not be required in the case of"
(a) the export of dangerous drugs which have been imported into India in transit to a place outside India under an import certificate marked "in transit" by the Collector of Customs/Land Customs issuing it at the place of import;
(b) opium or hemp exported personally by a bona fide traveller to any foreign settlement in India or to Pakistan, up to the limit of quantity within which possession is allowed without a permit or pass on the Indian side of the Frontier;
(c) manufactured drugs so exported by such traveller which have been lawfully obtained for the personal use of the traveller or his family from a recognized physician or a licensed pharmacist in India.
RULE 12: PROVISIONS REGARDING AUTHORIZATION FOR EXPORT BY LAND
(1) No export authorization referred to in Rule 11 shall be granted unless an import certificate from the Government of the importing country has been produced in the form, or to the effect, required by Cl. (ii) of sub-rule (1) of Rule 8 and where the importing country has not ratified the Geneva Convention, 1925, regarding the production, distribution and export of dangerous drugs such export authorization shall not, in the case of an unusually large consignment be granted without prior reference to the Central Government unless the export is being effected in accordance with standing orders approved by the Central Government.
(2) Every such export authorization shall, save where export is to be effected by parcel port under Rule 26, be prominently marked "not available by post" and shall be prepared in quintuplicate original being supplied to the Collector of Customs/Land Customs who shall return it to the Narcotics Commissioner after indicating on it the date of export, the duplicate copy being supplied to the consignor for purposes of accompanying the consignment, the triplicate copy being for varied to the excise authority of the State in which the exporter has his place on business, the quadruplicate copy being despatched to the Government of the importing country in pursuance of Cl. (4) of Art. 13 of the Geneva Convention, 1925 regarding production, distribution and export of dangerous drugs, and the quintuplicate copy retained by the Narcotics Commissioner in his office.
(3) The export authorization shall specify the same details as those mentioned in sub- rule (4) of Rule 8.
RULE 13: EXPORT BY AIR
The dangerous drugs, save those the export of which is prohibited under sub-rule (2) of Rule 6, may be exported by air from India under an export authorization granted by the Narcotics Commissioner : Provided that an export authorization shall not be required in the case of :
(a) The export of dangerous drugs which have been imported into India in transit to a place outside India under an import certificate marked "in transit" by the Collector of Customs/Land Customs issuing the same;
(b) opium or hemp exported personally by a bona fide traveller to any foreign settlement in India or to Pakistan up to the limit of quantity within which possession is allowed without a permit or pass on the Indian side of the Frontier;
(c) manufactured drugs so exported by such traveller which have been lawfully obtained for the personal use of the traveller or his family from a recognized physician or a licensed pharmacist in India.
RULE 14: PROVISIONS REGARDING AUTHORIZATION FOR EXPORT BY AIR
(1) (i) No export authorization referred to in Rule 10 shall be granted by the Narcotics Commissioner unless"
(a) in the case of exports of opium the opium is to be exported on behalf of the Central Government; and
(b) in the case of exports of dangerous drugs other than opium, the drugs are to the exported to a country which has ratified the Geneva Convention, 1925, regarding production, distribution and export of dangerous drugs.
(ii) Before issuing an export authorization the Narcotics Commissioner shall require an import certificate from the Government of the importing country in the form, or to the effect, required by Cl. (ii) of sub-rule (1) of Rule 8.
(2) Every such export authorization shall, save where export is to be effected by parcel post under rule 16, be prominently marked "not available by post" and shall be prepared in quintuplicate original being supplied to the consignor for purposes of accompanying the consignment, the duplicate copy being forwarded to the excise authority of the State in which the exporter has his place of business, the triplicate copy being supplied to the Collector of Customs/Land Customs who shall return it to the Narcotics Commissioner after indicating it the date of export, the quadruplicate copy being despatched to the Government of the importing country in pursuance of Cl. (4) of Art. 10 of the Geneva Convention, 1925, regarding production, distribution and export of dangerous drugs, and the quintuplicate copy being retained by the Narcotics Commissioner in his office.
(3) The export authorization shall specify the same details as those mentioned in sub - rule (4) of Rule 8.
RULE 15: AIR PORTS FROM WHICH EXPORT TO BE MADE
The dangerous drugs specified in the first column of the annexed table shall not be exported by air from India to a place specified in the corresponding entry in the second column, save from an airport specified in the corresponding entry in the third column thereof"
Dangerous Drugs Place to which exported
Airport from which export
Permitted
Opium, Cannabis Sativa L Any place outside India Safdarjang, Dum Durn,
(India hemp) and manufac
[Santa Cruz, Palam and
tured drugs
Varanasi].
RULE 16: EXTENT TO WHICH USE OF POST OFFICE ALLOWED
(1) Save as provided in sub-rule (2) of this rule, the medium of the post office shall not be used for the export in accordance with this part from India by sea, land or air of any dangerous drug.
(2) Where dangerous drugs are to be exported in accordance with this Part to any destination, the export authorization may be marked "available by post" : Provided as follows :"
(a) The export authorization shall not be so marked unless an import certificate from the Government of the importing country expressly authorising import into that country by parcel post and staling that the drugs in question are required for medical and scientific purposes only has been produced.
(b) The authority for the grant of the export authorization referred to in Rules 8, 12 and 14 shall vest in the Narcotics Commissioner.
(c) The number of copies of the export authorization required under Rules, 8 12 and 14 shall be increased by one, the additional copy being supplied to the consignor for production at the post office of despatch.
PART 05: TRANSHIPMENT
RULE 17: TRANSHIPMENT
(1) No dangerous drugs shall be transhipped at any port in India save with the permission of the Customs Collector.
(2) The Costums Collector shall not grant the permission referred to in sub-rule (1) save under the special orders of the Central Government in each case unless"
(a) the country from which the drugs have been shipped and the country to which the drugs are consigned are signatories to and have ratified the Geneva Convention, 1925, regarding the production, distribution and
export of dangerous drugs, and
(b) the drugs are covered by an export authorisation or a diversion certificate granted in accordance with Art. 13 or Art. 15, as the case may be, of the said Convention by or under the authority of the Government of the country from which they have been shipped and such authorization or certificate is produced for the inspection of the Customs Collector in accordance with Art. 15 of the said Convention.

APPENDIX 01: APPENDIX

N.B."This Certificate is not valid unless it hears the Official Stamp in the Top Right Hand corner. IMPORT CERTIFICATE Official crest of G/l issued by the Narcotics Corn- Serial No. . missioner for the Ministry of Finance (Department of Re- venue), Government of India. File. No. I. Subs. by G.S.R. 477 dated 8th April, 1961. INTERNATIONAL OPIUM CONVENTIONS (The Hague, 1921, Geneva, 1925 and Limitation Convention, 1931) Certificate of Official approval of Import I hereby certify that the Ministry of Finance (Department of Revenue) being the Ministry charged with the administration of the law relating to the dangerous drugs to which the international Opium Conventions apply, has approved the importation by* of** from Customs office*** through " Post Office *Here insert name, address and business of importer. **Here insert exact description and amount of drugs to be imported. I. Here insert the name and addless of firm in exporting country from which the dings is to be obtained. ** *Here insert the name of Customs Office or Post Office at which delivery is to be taken. Original for importer for transmission to exporting country. Customs Hours Duplicate for importer for production at Air Port of Import. Post Office of delivery. Customs, Triplicate for Collector of""""""" Land Customs Quadruplicate for Excise authority of the State in which the import is being effected. Quintuplicate for Government of exporting country. Sextuplicate for Drugs Controller (India). Septuplicate for use by Narcotics Commissioner. The route to be followed by the goods shall be.................. and the period within which the import is to be effected is. The following are the special conditions attaching to the import. The consignment proposed to be imported is covered by State Excise Permit No.................Dated.....................................issued by.........................................................,^ and it is certified that it is required : (a) for legitimate purposes in the case of raw opium and coca leaf, and (b) solely for medical or scientific purpose (in the case of dangerous drugs to which Chapter III of the Geneva Convention, 1925, Article I of the Limitation Convention 1931 and Article I of the Protocol signed at Paris on the 19th November, 1948, apply and also for Indian hemp). Signed on behalf of the ministry of Finance (Department of Revenue). Narcotics Department, Narcotics Commissioner to the Simla. [No. 16]

Central Bare Acts


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //