THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY PART II—Section 1 PUBLISHED BY AUTHORITY No. 75] NEW DELHI, MONDAY, SEPTEMBER 16, 1985/BHADRA 25, 1907 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 16th September, 1985/Bhadra 25, 1907 (Saka) The following Act of Parliament received the assent of the President on the 16th September, 1985, and is hereby published for general infor- mation:— THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 No. 61 of 1985 [16th September, 1985.] An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions tor the control and regu- lation of operations relating to narcotic drugs and psychotropic substances and lor matters connected therewith. Be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows: — CHAPTER I Preliminary 1. (1) This Act may be called the Narcotic Drugs and Psychotropic Substances Act, 1905. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates Short title, extent and com- mence- ment. (1) S THE GAZETTE OF INDIA EXTRAORDINARY [PART 11— Deflnt tions. may be appointed for different provisions of this Act and for different States and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State. 2. In this Act, unless the context otherwise requires,— (0 "addict" means a person addicted to any narcotic drug or psychotropic substance; (ii) "Board" means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963; (Hi) "cannabis (hemp)" means— (a) charas, that is, the separated resin, in whatever form, whether crude or puritied, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish; (b) ganja, that is, the flowering or fruiting tops of the can- nabis plant (excluding the seeds and leaves when not accom- panied by the tops), by whatever name they may be known or designated; and (c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared there- from; (iv) "cannabis plant" means any plant of the genus cannabis; (v) "coca derivative" means— (a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine; (b) ecgonine and all the derivatives of ecgonine from which it can be recovered; (c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and (d) all preparations containing more than 0.1 per cent- of cocaine; (m) "coca leaf" means— (a) the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed; (b) any mixture thereof with or without any neutral ma- terial, ; but does not include any preparation containing not more than 0.1 per cent, of cocaine; (vii) "coca plant" means the plant of any species of the genus Erythroxylon; ,-» (viii) "conveyance1' means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel; 54 of 1963. Sue. 1] THE GAZETTE OF IINDIA EXTRAORDINARY 3 (ix) "International Convention" means — (0) the Single Convention on Narcotic Drugs, 1961 adopted by the United Nations Conference at New York in March, 1961; (b) the Protocol, amending the Convention mentioned in sub-clause (a), adopted by the United Nations Conference at Geneva in March, 1972; (c) the Convention on Psychotropic Substances, 1971 adopt- ed by the United Nations Conference at Vienna in February, 1971; and (d) any other international convention, or protocol or other instrument amending an international convention, relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by India after the commencement of this Act; (,r) "manufacture", in relation to narcotic drugs or psychotropic substances, includes— (1) all processes other than production by which such drugs or substances may be obtained; (2) refining of such drugi or substances; (3) transformation of such druga or substances; and (4) making of preparation (otherwise than in a pharmacy on prescription) with or containing such drugs or substances; (xi) "manufactured drug" means—• (a) all coca derivatives, medicinal cannabis, opium deriva- tives and poppy straw concentrate; (b) any other narcotic sub-lance or preparation which the Central Government may, hrvinp regard to the available infor- mation as to its nature or to a decision, if any, under anv Inter- nalional Convention, by notification in the Official Gazette, declare to bo a manufactured drug, but does not include any narcotic substance or preparation which the Central Government may, having regard to t V available information as to its nature or to a decision, if any, under anv International Convention, by notification in the Official Gazette, declare not to be a manufactured drufT; (xii) "medi-mal cannahV, that K medicinal hemp, means any extract or tincture of cannabis (h^mpi; (xiii) "Narcotics Commissioner'1 mews the- Narcotics Commis- sioner appointed under section 5; (xiv) "narcotic drug" means coca leaf, cannabis (hemp), opium poppy straw and includes all manufactured drugs; (.TI1) "opium" means— (a) the coagulated juice of the opium poppy; and (b) any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, 4 THE GAZIiTTE OF INDFA EXTRAORDINARY [PART II— but does not include any preparation containing not more than 0.2 per cent, of morphine; v (xvi) "opium derivative'' means— (a) medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accord- ance with the requirement of the Indian Pharmacopoeia or any other pharmacopoeia notified in this behalf by the Central Gov- ernment, whether in powder form or granulated or otherwise or mixed with neutral materials; (b) prepared opium, that U, 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 re- maining after opium is smoked; (c) phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts; (d) diacetylmorphine, ths->t is, the alkaloid also known as dia-morphino or heroin and its salts; and (e) all preparations containing more than 0.2 per cent, of morphine or containing any diacetylmorphine; (xvii) "opium poppy" means— (a) the plant of the species Papaver somniferum L.; and (b) the plant of any other species of Papaver from which opium or any phenanthrene alkaloid can be extracted and which the Central Government may, by notification In the Official Ga/ette, declare to be opium poppy for the purposes of this Act; (xviii) "poppy Mraw" means all parts (except the seeds) of the opium pnppy after harvesting whether in their original form or rut, crushed or powdered and whether or not juice Ins been extracted therefrom; (xix) "poppy straw concentrate" means the material arising when poppv straw has entered into a process for the concentration of its alkaloids; (x.T.) "preparation", in relation to a narcotic drug or psychotropic substance means any one or more such drugs or qubstances in dosage form or any solution or mixture, in whatever physical state, contain- ing one or more such drugs or substances; (orxi) "prescribed'1 means prescribed by rules made under this Act; } Orarii) "production"' means the separation of opium, poppy straw, coca leaves or cannabis from the plants from which they are obtained; (x,rm) "psychotropic substance" means anv substance, natural or synthetic, or anv natural material or any salt or preparation of such substance or material included in the list of psychotropic sub- stances specified in the Schedule; SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 2 of 1974. (xxiv) "to import inter-State" means to bring into a State or Union territory in India from another State or Union territory in India; (xxv) "to import into India", with its grammatical variations and cognate expressions, means to bring into India from a place out- side India and includes the bringing into any port or airport or place in India of a narcotic drug or a psychotropic substances intended to be taken out of. India without being removed from the vessel, aircraft, vehicle or any other conveyance in which it is being carried. Explanation.—For the purposes of this clause and clause (xxvi), "India1' includes the territorial waters of India; (xxvi) "to export from India", with its grammatical variation! and cognato expressions, means to take out of India to a place outside India; ' " ^ (xxvii) "to export inter-State" means to take out of a State or Union territory in India to another State or Union territory in India; (xxviii) "to transport" means to take from one place to another within the same State or Union territory; (xxix) words and expressions used herein and not denned but denned in the Code of Criminal Procedure, 1973 have the meanings respectively assigned to them in that Code. Explanation.—For the purposes of clauses (v), (vi), (xv) and (xw) the percentages in the case of liquid preparations shall be calculated on the basis that a preparation containing one per cent, of a substance means a preparation in which one qram of substance, if solid, or one mililitre of substance, if liquid, is contained in every one hundred mililitre of the preparation and so on in proportion for any greater or less percentage: Provided that the Central Government may, having regard to the developments in the field of methods of calculating percentages in liquid preparations prescribe, by rules, any other basis which it may deem appropriate for such calculation. 3. The Centra] Government may, if satisfied that it is necessary or expedient ô to do on the basis of— (a) the information and evidence which hqs become available to it with respect to the nature and effects of, and the abuse or the scope for abuse of, anv substance (natural or synthetic) or natural material or any salt or preparation of such substance or material; and (b) the modifications or provisions (if any) which have been made to, or in, any International Convention with respect to such substance, natural material or salt or preparation of such substance or material, by notification in the Official Gazelle, add to, or, as the case may be, omit from, the list of psychotropic substances specified in the Schedule such substance or natural material or salt or preparation of such sub- stance or material. " J Power to odd to or omit from the list of psycho- liopic subs- tances. 6 THE GAZETTE Or INDIA EXTRAORDINARY [PART II- Central Govern- ment to take measures for pre- venting and com- bating abuse of and illi- cit traffic in nar- cotic drugs, etc. Officers of Centra^ Govern- ment. CHAPTER II AUTHORITIES AND OFFICERS 4. (1) Subject to the provisions of this Act, the Central Govern- ment shall take all such measures as it deems necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances and the illicit traffic therein. (2) In particular and without prejudice to the generality of the pro- visions of sub-section (1), the measures which the Central Government may take under that sub-section include measures with respect to all or any of the following matters, namely: — (a) coordination of actions by various officers, State Governments and other authorities— (i) under this Act, or (ii) under . any other law for the time being in force in - connection with the enforcement of the provisions of this Act; ' ' (b) obligations under the International Conventions; (c) assistance to the concerned authorities in foreign countries and concerned international organisations with a view to facilitating coordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances; J (d) identification, treatment, education, after care, rehabilitation and social re-integration of addicts; (e) such other matters as the Central Government deems neces- sary or expedient for the purpose of securing the effective implemen- tation of the provisions of this Act and preventing and combating the abuse of narcotic drugs and psychotropic substances and illicit traffic therein. f * (3) The Central Government may, if it considers it necessary or ex- pedient so to do for the purposes of this Act, by order, published in the Official Gazette constitute an authority or a hierarchy of authorities by such name or name'? as may be specified in the order for the purpose of exercising such of thp powers and functions of the Central Government under this Act and for taking measures with respect to ^uch of the matters referred to in sub-section (2) as may be mentioned in the order, and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers and take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers and take such measures. 5. (1) Without preuidiee to the provisions of sub-section (3) of section 4, the Central Government shall appoint a Narrotics CommisslrtTier and mav also appoint snrh other nfrif^r" with such designations a' it thinks fit for the purposes of this Act. &K. ij THE (JAZEl'TE1 Ot INtllA E X T H A O K D I N A B Y ? The Nar- cotic Drugs and Psycho- tropic Subs- tances Consul- tative Commit- tee. (2) The .Narcotics Commissioner shall, either by himselt or through omcers subordinate to him, exercise all powers and perform all functions relating to the superintendence of the cultivation of the opium poppy and production of opium and shall also exercise and perform such other powers and functions as may be exiirusied Co him Dy the Central Gov- e r n m e n t , _ t_^.mM (3) The officers appointed under sub-section (i) shall be subject to the general control and direction of the Central Government, or, if BO directed by that Government, also of the Board or any other authority or officer. (>. (1) The Central Government may constitute, by notification in the Omcitil Gazette, an advisory committee to be called 'The .Narcotic Diugs and Psychotropic Substances Consultative Committee" (hereafter in this section referred to as the Committee) to advise the Central Government on such matters relating to the administration of this Act as are referred to it by that Government from time to time. (2) The Committee yhall consist of a Chairman and such other mem- bers, not exceeding twenty, as may be appointed by the Central Govern- ment. (3) The Committee shall meet when required to do so by the Central Government and shall have power to regulate its own procedure. (4) The Committee may, if it deems it necessary so to do for the efficient discharge of any of its functions, constitute one or more sub- committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter, any person (including a non-official) who is not a member of the Committee. (5) The term of office of, the manner of filling casual vacancies in the offices of and the allowances, if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions sub- ject to which the Committee may appoint a person who is not a member of the Committee as a member of any of its sub-committees, shall be such as may be prescribed by rules made by the Central Government. 7. (1) The State Government may appoint such officers with such designations as it thinks fit for the purposes of this Act. (2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the State Government, or, if so directed by that Government, also of any other authority or officer. CHAPTER III PROHIBITION CONTROL AND REGULATION 8. No. person shall— (a) cultivate any coca plant or gather any portion of coca plant; or (b) cultivate the opium poppy or any cannabls plant; or (c) produce, manufacture, possess, sell, purchase, transport, ware- house, use, consume, import inter-State, export inter-State, import Officers of State Govern- ment. Prohibi- tion of certain opera- tions. 8 THE GAZETTE Oh JNDIA EXTRAORDINARY [PART 1 1 - Power of Central Govern- ment to permit, control and re- gulate. into India, export from India or tranship any narcotic drug or psy- chotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or orders made thereunder and in a case where any such provision, imposes any require- ment by way of licence, permit or authorisation also in accordance with the terms and conditions of such licence, permit or authorisation: Provided that, and subject to the other provisions of this Act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, transport, warehousing, import inter- State and export inter-State of ganja for any purpose other than medi- cal and scientific purpose shall take effect only from the date which the Central Government may, by notification in the Official Gazette, specify in this behalf. 9. (1) Subject to the provisions of section 8, the Central Government may, by rules— (a) permit and regulate— (i) the cultivation, or gathering of any portion (such culti- vation or gathering being only on account of the Central Government) of coca plant, or the production, possession, sale, purchase, transport, import inter-State, export inter-State, use or consumption of coca leaves; ; (ii) the cultivation (such cultivation being only on account of Central Government) of the opium poppy; (Hi) the production and manufacture of opium and production of poppy straw; (iv) the sale of opium and opium derivatives from the Central Government factories for export from India or sale to State Gov- ernment or to manufacturing chemists; i (v) the manufacture of manufactured drugs (other than pre- pared opium) but not including manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess; (m) the manufacture, possession, transport, import inter- State, export inter-State, sale, purchase, consumption or use of psychotropic substances; ,'' ' (vii) the Import into India and export from India and tran- shipment of narcotic drugs and psychotropic substances; (b) prescribe any other matter requisite to render effective the control of the Central Government over any of the matters specified in clause (a), (2) In particular and without prejudice to the generality of the fore- going power, such rules may— (a) empower the Central Government to fix fiom time to time the limits within which licences may be given for the cultivation of the opium poppy; SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 9 (b) require that all opium, the produce of land cultivated with the opium poppy, shall be delivered by the cultivators to the officers authorised in this behalf by the Central Government; (c) prescribe the forms and conditions of licences for cultivation of the opium poppy and for production and manufacture of opium; the fees that may be charged therefor; the authorities by which such licences may be granted, withheld, refused or cancelled and the au- thorities before which appeals against the orders of withholding, re- fusal or cancellation of licences shall lie; (d) prescribe that opium shall be weighed, examined and classi- fied according to its quality and consistence by the officers authorised in this behalf by the Central Government in the presence of the cul- tivator at the time of delivery by the cultivator; (e) empower the Central Government to fix from time to time the price to be paid to the cultivators for the opium delivered; (f) provide for the weighment, examination and classification, according to the quality and consistence, of the opium received at the factory and the deductions from or additions (if any) to the stan- dard price to be made in accordance with the result of such examina- tion; and the authorities by which the decisions with regard to the weighment, examination, classification, deductions or additions shall be made and the authorities before which appeals against such de- cisions shall lie; (g) require that opium delivered by a cultivator, if found as a result of examination in the Central Government factory to be adul- terated, may be confiscated by the officers authorised in this behalf; (h) prescribe the forms and conditions of licences for the manu- facture of manufactured drugs, the authorities by which such licen- ces may be granted and the fees that may be charged therefor; (i) prescribe the forms and conditions of licences or permits for the manufacture, possession, transport, import inter-State, export inter-State, sale,, purchase, consumption or use of psychotropic sub- stances, the authorities by which such licences or permits may be granted and the fees that may be charged therefor; (j) prescribe the ports and other places at which any kind of narcotic drugs or psychotropic substances may be imported into India or exported from India or transhipped; the forms and conditions of certificates, authorisations or permits, as the case may be, for such import, export or transhipment; the authorities by which such certi- ficates, authorisations or permits may be granted and the fees that may be charged therefor. 10. (1) Subject to the provisions of section 8; the State Government may, by rules— ' (a) permit and regulate— (i) the possession, transport, import inter-State, export inter- State warehousing, sale, purchase, consumption and use of poppy straw, Power of State Govern- ment to permit, control and regu- late. I 0 THE GAZE'ITE Oh INDIA EXTRAORDINARY [HART 1L- (ii) the possession, transport, Import Inter-State, export inter-State, sale, purchase, consumption and use of opium; (iii) the cultivation of any cannabis plant, production, manu- facture, possession, transport, import inter-State, export inter- State, sale, purchase, consumption or use of cannabis (excluding charas); (iv) the manufacture of medicinal opiuih or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess; (v) the possession, transport, purchase, sale, import inter- State, export inter-State, use or consumption of manufactured drugs other than prepared opium and of coca leaf and any pre- paration containing any manufactured drug;- (vi) the manufacture and possession of prepared opium from opium lawfully possessed by an addict registered with the State Government on medical advice for his personal consump- tion: - , | Provided that save in so far as may be expressly provided in the rules made under sub-clauses (iv) and (v), nothing In section 8 shall apply to the import inter-State, export inter-State, transport, possession, purchase, sale, use or consumption of manufactured drugs which are the property and in the possession of the Government: Provided further that such drugs as are referred to in the pre- ceding proviso shall not be sold or otherwise delivered to any person who, under the rules made by the State Government under the aforesaid sub-clauses, is not entitled to their possession; (b) prescribe any other matter requisite to render effective the rontiol of the State Government over any of the matters specified in clause (a). (2) In particular and without prejudice to the generality of the fore- going power, such rules may— (a) empower the State Government to declare any place to be a warehouse wherein it shall be the duty of the owners to deposit all such poppy straw as is legally imported inter-State and is intend- ed for export inter-State or export from India; to regulate the safe custody of such poppy straw warehoused and the removal of such poppy straw for sale or export inter-State or export from India; to levy fees for such warehousing and to prescribe the manner in which and the period after which the poppy straw warehoused shall be disposed of in default of payment of fees; (b) provide that the limits within which licences may be given for the cultivation of any cannabis plant shall be fixed from time to time by or under the orders of the State Government; (c) provide that only the cultivators licenced by the prescribed authority of the State Government shall be authorised to engage in cultivation of any cannabis plant; SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY i J (d) require that all cannabis, the produce of land cultivated with cannabis plant, shall be delivered by the cultivators to the officers of the State Government authorised in this behalf; (e) empower the State Government to fix from tune to time, the price to be paid to the cultivators for the cannabis delivered; (f) prescribe the forms and conditions of licences or permits for the purposes specified in sub-clauses (i) to (in) of clause (a) of sub- section (1) and the authorities by which such licences or permits may be granted and the fees that may be charged therefor. 11. Notwithstanding anything to the contrary contained in any law or contract, no narcotic drug, psychotropic substance, coca plant, the opium poppy or cannabis plant shall be liable to be distrained or attached by any person for the recovery of any money under any order or decree of any court or authority or otherwise, Narcotic drugs and psycho- tropic substan- ces, etc., not liable to distress or attach- ment. 12. No person shall engage in or control any trade whereby a nar- cotic drug or psychotropic substance Is obtained outside India and sup- plied to any person outside India save with the previous authorisation of the Central Government and subject to such conditions as may be imposed by that Government in this behalf. 13. Notwithstanding anything contained in section 8, the Central Government may permit, with or without conditions, and on behalf of Government, the cultivation of any coca plant or gathering of any portion thereof or the production, possession, sale, purchase, transport, import Inter-State, export inter-State or import into India of coca leaves for use in the preparation of any flavouring agent which shall not contain any alkaloid and to the extent necessary for such use. 14. Notwithstanding anything contained in section 8, Government may, by general or special order and subject to such conditions as may be specified in such order, allow cultivation of any cannabis plant for Industrial purposes only of obtaining fibre or seed or for horticultural purposes. Restric- tions over external dealings in narco- tic drugs and psycho- tropic subs- tances. Special provi- sions re- lating to coca plant and coca leaves for use in the prepara- tion of flavour- ing agent. Special provision relating to canna- bis. t2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- CHAPTER IV Punish- ment for contra- vention In rela- tion to poppy straw. OFFENCES AND PENALTIES 15. Whoever, in contravention of any provision of this Act or any rule or order made or condition of a licence granted thereunder, pro- duces, possesses, transports, imports inter-State, exportsi inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Punish- ment for contra- vention in rela- tion to coca plant and coca leaves. Punish- ment foi' contra- vention in relation to pre- pared opium. Punish- ment for contra- vention in rela- tion to opium poppy an<H opium, Provided that the court may, for reasons to he recorded in the judg- ment, impose a fine exceeding two lakh rupees. 16. Whoever, in contravention o£ any provision of this Act or any rule or order made or condition of licence granted thereunder, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sells, purchases, transports, imports inter-State, exports inter- State or uses coca leaves, shall be punishable with rigorous Imprison- ment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judg- ment, impose a fine exceeding two lakh rupees. 17. Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder manu- factures, possesses, sells, purchases, transports, imports interstate, exports inter-State or uses prepared opium shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judg- ment, impose a fine exceeding two lakh rupees. 18. Whoever, in contravention of any provision of this Act, or any rule or order made or condition of licence granted thereunder cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses opium shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not bo less than one lakh rupees but which may extend to two lakh rupees: Provided lhat the court may, for reasons to be recorded in the judg- ment, impose a fine exceeding two lakh rupees. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13 19. Any cultivator licensed to cultivate the opium poppy on account of the Cenual Government who embezzles or otherwise illegally dis- poses of the opium produced or any part thereof, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years buL which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judg- ment, impose a fine exceeding two lakh rupees. 20. Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder,— (a) cultivates any cannabis plant; or (b) produces, manufactures, possesses, sells, purchases, trans- poits, imports inter-State, exports inter-State or uses cannabis, shall be punishable,— (i) where such contravention relates to ganja or the cultivation of cannabis plant, with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine which may extend to fifty thousand rupees; (zi) where such contravention relates to cannabis other than ganja, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees and which may extend to two lakh rupees: Provided that the court may, Xor reasons to be recorded in the judg- ment, impose a fine exceeding two lakh rupees. 21. Whoever, in contravention of any provision o£ this Act, or any rule or order made or condition of licence granted thereunder manu- factures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which m&y extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judg- ment, impose a fine exceeding two lakh rupees. 22. Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manu- factures, possesses, sells, purchases, transports, imports inter-State, ex- ports inter-State, or uses any psychotropic substance shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend in two lakh rupees: Provided that the court may, for reasons to be recorded in the judg- ment, impose a fine exceeding two lakh rupees. Punifeh- ment for embez- zlement of opium by culti- vator. Punish- ment tot contra- vention in relation to catina- toia plant and canna- bis. Punish- ment for contra- vention in relation to manu- factured drugs and pre- parations. Punish- ment for contra- vention in relation to psy- chotropic sub- stances. i 4 THE GAZETTE OF INDIA EXTRAORDINARY LPART II— Punish- ment for illegal import Into India, export from India or tran- Bhipment of nar- cotic drugs and psycho- tropic sub- stances. 23. Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence or permit granted or certifi- cate or authorisation issued thereunder, imports into India or exports from India or tranships a'ny narcotic drug or psychotropic substance shall be punishable with rigorous imprisonment for a term Vhich shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judg- ment, impose a fine exceeding two lakh rupees. . Punish- ment for external dealings in nar- cotic drugs and psycho- tropic substan- ces in •contra- vention «f sec- tion 12. Punish- ment for allowing premi- ses, etc., to be used for commis- sion o£ an off- ence. Punish- ment for certain acts by licensee or his servants, 24. Whoever engages in or controls any trade whereby a narcotic drug or a psychotropic substance is obtained outside India and supplied to any person outside India without the previous authorisation of the Central Government or otherwise than in accordance with the condi- tions (if any) of such authorisation granted under section 12, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judg- ment, impose a fine exceeding two lakh rupees. 2r>. Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this Actr shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judg- ment, impose a fine exceeding two lakh rupees. 26. If the holder of any licence, permit or authorisation granted under this Act or any rule or order made thereunder or any person in his employ and acting on his behalf— (a) omits, without any reasonable cause, to maintain accounts or to submit any return in accordance with the • provisions of this Act, or any rule made thereunder; (b) fails to produce without any reasonable cause such licence, permit or authorisation on demand of any officer authorised by the Central Government or State Government in this behalf; SEC. H THE GAZETTE OF TNDIA EXTRAORDINARY 15 (c) keeps any accounts or makes any statement which is false or which he knows or haa reason to believe to be incorrect; or (d) wilfully and knowingly does any act in breach of any of the conditions of licence, permit or authorisation for which a penalty is not prescribed elsewhere in this Act, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. 27. Whoever, in contravention of any provision of this Act, or any rule or order made or permit issued thereunder, possesses in a small quantity, any narcotic drug or psychotropic substance, which is proved to have been intended for his personal consumption and not for sale or distri- bution, or consumes any narcotic drug or psychotropic substance, shall, notwithstanding anything contained in this Chapter, be punishable,— (a) where the narcotic drug or psychotropic substance possess- ed or consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance as may be speci- fied in this behalf by the Central Government, by notification in the Official Gazette, with imprisonment for a term which may extend to one year or with fine or with both; and (b) where the narcotic drug or psychotropic substance possess- ed or consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to six months or with fine or with both. Explanation.— (1) For the purposes of this section "small quantity" means such quantity as may be specified by the Central Government by notification in the Official Gazette, (2) Where a person is shown to have been in possession of a small quantity of a narcotic drug or psychotropic substance, the burden of proving that it was intended for the personal consumption of such per- son and not for sale or distribution, shall lie on such person. 28. Whoever attempts to commit any offence punishable under this Chapter or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the punishment provided for the offence. 2fl. (1) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code, be punishable with the punishment provided for the offence. (2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which— (a) would constitute an offence if committed within India; or Punish- ment for illegal posses- sion in small quantity lor per- sonal con sum p. tion of any nar- cotic drug or psycho- tropic subs- tance or consump- tion of such drug or subs- tance. Punish- ment for attempt^ to com- mit offences Punish- ment for abet- ment and criminal conspi- racy. *5 of I860. i 6 1HL GA/I ITB W INDIA EXTR V>)< DINAR Y [PA1U II— Prepara- tion. Enhanc- ed pun- ishment for cer- tain of- fences after previous convic- tion. (b) under the laws of such place, ia an offence relating to narcotic drugs or psychotropic substances having all the legal condi- tions required to constitute it such an offence the same as or analo- gous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India. 30. If any person makes preparation to do or omits to do anything which constitutes an offence punishable under any of the provisions of section 15 to section 25 (both inclusive) and from the circumstances of the case it may be reasonably inferred that he was determined to carry out his intention to commit the offence but had been prevented by cir- cumstances independent of his will, he shall be punishable with rigorous imprisonment for a term which shall not be less than one-half of the minimum term (if any), but which may extend to one-half of the maxi- mum term, of imprisonment with which he would have been punishable in the event of his having committed such offence, and also with fine which shall not be less than one-half of the minimum amount (tf any), of fine with which he would have been punishable, but which may extend to one-half of the maximum amount of fine with which he would have ordinarily (that ia to say in the absence of special reasons) been punish- able, in the event aforesaid: Provided that the court may. for reasons to be recorded in the judg- ment, impose a higher fine. 31, (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 section 15 to section 25 (both inclusive) is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under— (a) section 15 to section 19, clause (ii) of section 20 and section 21 to section 25 (both inclusive), he shall be punished for the second and every subsequent offence with rigorous imprisonment for a term which shall not be less than fifteen years but which may extend to thirty years and shall also be liable to fine which shall not be less than one lakh fifty thousand rupees but which may extend to three lakh rupees; (b) clause (i) of section 20, he shall be punished for the second and every subsequent offence for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees: Provided that the court may, for reasons to be recorded in the judg- ment, impose,— (i) in a case falling under clause (a), a fine exceeding three lakh rupees; and (ii) in a case falling under clause (b), a fine exceeding one lakh rupees. (2) Where any person is convicted by a competent court of criminal jurisdiction outside India under any law corresponding to the provisions of section 15 to section 25 (both inclusive), section 28 and section 29, 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 SEC. l] THE GAZETTE UK INDIA EXTRAORDINARY 17 32. Whoever contiavenes- any provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation issued thereunder for which no punishment is separately provided in this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. 33. Nothing contained in section 360 of the Code of Criminal Pro- cedure, 1973 or in the Probation of Offenders Act, 1958 shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or section 27. Punish- ment for offence for which no punish- ment is provided. 2 of 1974. 20 of 1958. Applica- tion of section oCO of the Code of Criminal Proce- dure, 1973 and of the Proba- tion of Offen- ders Act, 1958. 2 of 1974. 34. (1) Whenever any person is convicted of an offence punishable under any provision of Chapter IV 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 any offence under this Act, the court may, at the time of passing sentence on such person, order him to execute J bond for a sum proportionate to- his means, with or without sureties, for abstaining from commission of any offence under Chapter IV during such period not exceeding three years as it thinks fit to fix. (2) The bond shall be in such form as may be prescribed by the Central Government and the provisions of the Co^e of Criminal Proce- dure, 1973, shall, in so far as they are applicable, apply to all matters connected with such bond aa if it were a bond to keep the peace ordered to be executed under section 106 of 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 or Sessions Judge when exercising the powers of revision. Security for ab- staining from com. minion of offence. 35. (2) In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the. act charged as an offence in that prosecution. Eocplanation.—In this section "culpable mental state" includes inten- tion, motive, knowledge oi a fact and belief in, or reason to believe, a fact. Pre- sump- lion ol culp- able mental state. i8 THE GAZETTE C* INDIA EXTRAORDINARY [PART II— Offences to be tried summa- rily. OfleneeK to be cogniza- ble. Offences by com- panies. (2) For the purpose of this section, a fact Is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of pro- bability. 36, Notwithstanding anything contained in the Code of Criminal Procedure, 1973, any offence punishable under sections 26, 27 and 32 of this Act wo\ be tried summarily by a Magistrate of the first class. 37. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under thif, Art shall be cognizable. 38. (7) Where an offence under Chapter IV has been committed by a company, every person, who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall he deemed tc be guilty of the offence and shall be liable to be proceeded against and punished accordingly; Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under Chapter IV has K>en committed by a company and it is proved that the offence has been, committed with the consent or conni- vance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Evrtlanation.- -For the purposes of this section,— (a) "company" means any body corporate and includes a firm ,or other association of individuals; and (M "director", In relaifon 1o i\ firm, iiK-ruif, a juirtnpr in the firm. 2 of 1974. 2ot]974. Tower of court lo release certain offenders on pro- bation, 39. (2) When any addict is found guilty of an offence punishable under section 27 and if the court by which he is found guilty Is of the opinion, regard being had to the age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any Imprisonment, with his consent, direct that he be released for under- going medical treatment for de-toxiflcation or de-addiction from a hos- pital or an institution maintained or recognised by Government and on his entering into a bond in the form prescribed by the Central Government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical trpntment and, in the meantime, in nbsiain from 1hp commission of any oftanrp under Chapter TV S E C JL| THE GAZETTE OF INDIA EXTRAORDINARY 'y (2) If it appears to the court, having regard to the report regarding tho result of (he medii-al Iremuu-nl liu turJa'd under subjection (1), that it itj expedient do to do, the couu may direct the release of the offender after due admonition on hia entering mto a. bond in the form prescribed by the Central Government, with or without sureties, for abstaining [rom the commission of any offence under Chapter IV during such period not exceeding three years as the court may deem lit to specify or on his i'ailure so to abstain, to appear before the court and receive sentence when called upon during such period. 40. (1) Where any person id convicted oi any of the otfences punish- able under section 15 to section 25 (both inclusive), section 28, section 29 or section 30, it shall be competent for the court convicting the person to cause the name and place of business or residence of such person, nature of the contravention, the fact that the person has been so convicted and such other particulars ah the court may considei to be appropriate in the circumstances of the cawo, to be published at the expense of such person in such newspapers or m •suuh manner as the court may direct, (2) No publication under subjection (1) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such appeal, having been preferred, has been disposed of. (3) The expenses of any publication under sub-section (1) shall be recoverable from the convicted person as if it were a fine imposed by the court. CHAPTER V PiMX'EnTJH*. 41. (t) A. MeUupuIifan MHjji&tratt: <>r a lVUifiisti'dtt; <>[ tin? first class or Hiiy Magistrate1 of the .econd class tifei'iuHy empowered by the State Government in Urn bt'haif, may isbue a warrant for the arrest of any person whom lie has reason to believe In have committed any offence punishable under Chapter IV, or for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe any narcotic drug or psychotropig substance in respect of which an offence punishable under Chapter IV has been committed or any document or other article which may furnish evidence of the commission of such offence is kept or concealed. (2) Any such officer of gazetted u n k uf the do^avtinenls of central excise, narcotics, customs, revenue intelligence or any other department of the Central Government or of the Border Security Force as is em- powered in thit, behalf by general or special order by the Central Gov- ornmenl, ov any such officer of the revenue, drugs control, excis\ polier. or any other department of u Slate Government as is empowein.i in this behalf by general or special order of the State Government, if he has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under Chapter IV or that any narcotic drug, or psychotropic substanPf <n respect of which any offence punishable under Chapter IV lias It*'* ii Mjinnnttpd or any donimmt or nther article whifh may furnish evidrn' of the commission o[ such offence has been kept or concealed in any building, conveyance or place, may authorise any officer subordi- nate to him but superior in rank to a peon, sepoy, or a constable, to arrest such a person or search a building, conveyance or place whether by day ofcourl to pub- lish names, place of business, eic., oi certain ufferideLs. Power t l ) ISilU1-! warrant and authori- sation. 3 0 THE GAZETTE OP INDIA EXTRAORDINARY [PART II— Power of enlry, hcirch, seizure and arrest without Wdrrunt or autho- risation. 'owcr of seizure jnd arrest in public plnrcs or by night or himself arrest a person or search a building, conveyance or place. (3) The officer to whom a warrant under sub-section (1) is addressed and the officer who authorised the arrest or search or the officer who is so authorised under sub-section (2) bhall have1 all the powers of an officer acting under section 42. 42. (1) Any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, cus- toms, revenue intelligence or any other department of the Central Gov- ernment or of the Border Security Force as is empowered in this behalf by general or special order by the Central Government, or any such officer (being an officer superior in rank to a peon, sepoy or constable) of the revenue, drugs control, excise, police or any other department of a State Government as is empowered in thi; behalf by general or special order of the State Government, if he has reason to believe from personal knowledge or information given by any person and taken down in writ- ing, that any narcotic drug, or psychotropic substance, in respect of which an offence punishable under Chapter IV has been committed or any document or other article which may furnish evidence of the commission of such offence is kept or concealed in any building, conveyance or en- closed place, may, between sunrise and sunset,— (a) enter into and search any such building, conveyance or place; (b) in case of resistance, break open any door and remove any obstacle to such entry; (c) seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or con- veyance which he has reason to believe to be liable to confiscation under this Act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under Chapter IV relating to such drug or substance; and (d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any( offence punishable under Chapter IV relating to such drug or substance: Provided that if such officer has reason to believe that a search warrant or authorisation 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, conveyance or enclosed place at any time between sun set and sun rise after recording the grounds of hjs 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. 43. Any officer of any of the departments mentioned in section 42 way— . (a) seize, in any public place or in transit, any narcotic drug or psychotropic substance in respect of which he has reason to believe an offence punishable under Chapter IV has boon committed, and, along with such drug or substance, any animal or conveyance or artical liable to confiscation under this Act, any document or other SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY •21 article which he has reason to believe may furnish evidence of the commission of an offence punishable under Chapter IV relating to such drug or substance; (6) detain and search any person whom he has reason to believe to have committed an offence punishable under Chapter IV, and, if su"h person has any narcotic drug or psychotropic substance in his po session and such possession appears to him to be unlawful, arrest him and any other person in his company. Evp'rmation—For the purposes of this section, the expression "public place" includes any public conveyance, hotel, shop, or other place intended fir use bv, or accessible to, the public. 44. The provisions of sections 41, 42 and 43, shall so far as may be, apply m relation to the offences punishable under Chapter IV and relat- ing to coca plant, the opium poppy or cannabis plant and for this purpose references in those sections to narcotic drugs, or psychotropic substance, shall he construed as including references to coca plant, the opium poppy ,ind cannabis plant. 45. Where it is not practicable to seize any goods (including standing crop) which rire liable to confiscation under this Act, any officer duly cmthoriKod under section 42 may serve on the owner or person in posses- sion of the goods, an order that he shall not remove, part with or other- wise deal with the goods except with the previous permission of such rfTflcer. If! F.vpry bnJder of land shall give immediate information to any officer of the Police- or of any of the departments mentioned in section 42 oT nil the opium poppv, cannabis plant or coca plant which may be illegnliv cultivated within his land and every such holder of land who knowingly neglects to give such information, shall be liable to punish- ment, 47 E^erv officer of the Government and every panch, aarpanch and other vjljj^c officer of whatever descript on shall give immediate infor- mation to any officer of the Police or of any of the departments mention- ed in section 42 when it may come to his knowledge that any land has been I^PLJIIV cultivated wi£h the opium poppy, canmhis plant or coca pi. lit, arid every such officer of the Government nun 'i sarpanch and other -village officer who neglects to f^e such information shall bo liable to punishmpnt. Power of entry, search, seizure and arrest in offences rela- ting to coca plant, opium poppy and can- nabis plant. Pro- cedure whero seizure of goods liable to con- fiscation not practi- cable. Duty of land holder to give informa- tion of il]egal cultiva- tion. Duty of ceitain officers t 0 give infoi ma- tion of illegal cultiva- tion. 22 THK 0 A Z E 1 I P , OF INDIA I-Xl RAORD1NARY [PAR i I I - Power of attach- ment of crop illegally cultiva- ted. Power to stop and search con- veyance. Condi- tions under which search of persons shall be con- ducted. Provision i of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searckes and seizures. Disposal of person! •rrestcd and artlclei seized. * 48. Any Metropolitan Magistrate, Judicial Magistrate of the first class or any Magistrate specially empowered in (his behalf by the State Gov- ernment may order attachment <>! ;my upiimi poppy, umiiRbis plant or coca plant which he has reason to believe to have been illegally cultivat- ed and while doing so may pass such order (including an order to destroy the crop) ds he thinks fit. 4!). Any ufficer authorised under suction 42, nidy, if be has reason to suspect that any animal or conveyance is, or is about to be, used for the transport of any narcotic drug or psycho tropic substance, in respect of which he suspects that any provision of this Act has been, or is being, or is about to be, contravened at any time, -top such anim;il or conveyance, or, in the case of an aircraft, compel if In land and— (a) rummage and seafen the con eyance or part thereof; (o) examine and search any gojds on the animal or in the conveyance; (c) if it becomes necessary to stop the animal or the conveyance, he may use all lawful means lor stopping it, and where such means fail, the animal or the conveyance may be fired upon. 50. (./) When any officer duly authorised under section 42 is about to search any person under the provisions of section 41, section 42 or section 43, he shall, if such person so requires, take such person without unnecessary delay to the nearest Gazetted Officer of any of the depart- ments mentioned in section 42 or to the nearest Magistrate. (2) If guch requisition is made, the officer may detain Lho person until he can bring him before the Gazetted Offif ev or the Magistrate referred to in sub-section (1). (3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forth- with discharge the person but otherwise shall direct that search be made. (4) No female shall be searched by anyone excepting a female. 51. The provisions of the Code of Criminal Procedure, 1973 shall apply, in so far as they are not inconsistent with the provisions of this Act, tc all warrants issued and arrests, searrhes and seizures made under this Act. 52. (1) Any officer arresting a person under section 41, section 42, section 43 or section 44 shall, as soon as may • be, inform him of the grounds for such avrest (2) Every person arrested and article seized under warrant issued under sub-section (1) of section 41 shall be forwarded without unneces- sary delay to the Magistrate by whom the warrant was issued. 2 of 1974 SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 23 (3) Every 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 to— (a) the officer-in-charge or the nearest police station, or (b) the officer empowered under section 53. (4) The authority or officer to whom any person or article is forward- ed under sub-section (2) or sub-section (3) shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or article. 53. U) The Central Government, after consultation with the State Government, may, by notification published in the Official Gazette, invest any cfficer of the department of central excise, narcotics, customs, revenue intelligence or Border Security Force or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of the offences under this Act. (2) The State Government may, by notification published in the Official Gazette, invest any officer of the department of drugs control, revenue or excise or any class of such officers with the powers of an offlcer-in-charge of a police station for the investigation of offences under this Act. 54. In trials under this Act, it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under Chapter IV in respect of— {a) any narcotic drug or psychotropic substance; (b) any opium poppy, cannabis plant or coca plRnt growing on ony land which he has cultivated; (c) any apparatus specially designed or any group of utensils specially adopted for the manufacture of any narcotic drug or psychotropic substance; or {d) any materials which have undergone any process towards the manufacture of a narcotic drug or psychotropic substance, or any residue left of the materials from which any narcotic drug or psyehotvopir siikstnncv has been manufactured, ior the possession of which he fails to account satisfactorily. 55. An officer-in-charge of a police station shall take charge of and keep in safe custody, pending the orders of the Magistrate, nil articles seized under this Act within the local area of that police station and which may be delivered to him, and shall allow any officer who may accompany such articles to the police station or who may be deputed for the purpose, to affix his seal to such articles or to take samples of and from them and nil samples so taken shall also be sealed with a seal of the nfficer-jn-charge of the police station. 56. All officers of the several departments mentioned in section 42 shall, upon notice given or request made, be legally bound to assist each «T>thpr in carrying out the provisions of this Act. Power to invest officers of certain depart- ments with powers of an officer- in-charge of a police station. Presump- tion, from posses- sion of illicit articles. Police to lake charge of articles seized and delivered. Obliga- tion of officers to assist each other H THK GAZETTE OF TNDIA EXTRAORDINARY [Purr TT- Repoitof. arrest anJ seizure. Punish- ment for vexatious entiy, search, Seizure or arrest. Failure of officer in duty or his con- nivance at the cont- ravention of the provisions of this Act. Liability of illicit di ugs, substances, plants, articles and con- veyances to confisca- tion. 57. 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 particulars of such arrest or seizure to his imme- diate official superior. 58. (1) Any person empowered under section 42 or section 43 or sec- tion 44 who— (a) without reasonable ground of suspicion enters or searches, or causes to be entered or searched, any building, conveyance or place; (b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any narcotic drug or psychotropic substance or other article liable to be confiscated under this Act, or of seizing any document or other article liable to be seized under section 42, section 43 or section 44; or (c) vexatiously and unnecessarily detains, searches or arrests any person, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both. • i (2) Any person wilfully and maliciously giving false information and so causing an arrest or a search being made under this Act shall be punishable with imprisonment for a term which may extend to two years or with fine or with both. 5!), (1) Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine or with both. (2) Any officer on whom any duty has been imposed by or under this Act and who wilfully aids in, or connives at, the contravention of any provision of this Act or any rule or order made thereunder, shall be punishable with imprisonment for a term which may extend to five years and shall also be liable to fine. (3) No court shall take cognizance of any offence under sub-section (1) or sub-section (2) except on a complaint in writing made with the previous sanction of the Central Government, or as the case may be, the State Government. 60. (1) Whenever any offence punishable under Chapter IV has been committed, the narcotic drug, psychotropic substance, the opium poppy, coca plant, cannabia plant, 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 narcotic drug or psychotropic substance lawfully produced, imported inter-State, exported inter-State, imported into India, trans- ported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug oT psychotropic substance which is SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 25 liable to confiscation under sub-section (1) and the receptacles, packages and coverings in which any narcotic drug oi psychotropic substance, materials, apparatus or utensils liable to confiscation under sub-section (1) ig found, and the other contents, if dhy, of such receptacles or packages shall likewise be liable to confiscation. (3) Any animal or conveyance used in carrying any narcotic drug or psychotropic substance, or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used with- out the knowledge or connivance of the owner himself, his agent, if any, and the person-in-charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use. 61. Any goods used for concealing any narcotic drug or psychotropic substance which is liable to confiscation under this Act shall also be liable to confiscation. Explanation.—In this section "goods" does not include conveyance as a means of transport. , ' 62. Where any narcotic drug or psychotropic substance is sold by a person having knowledge or reason to believe that the drug or substance is liable to confiscation under this Act, the sale proceeds thereof shall also be liable to confiscation. 63. (I) In the trial of offences under this Act, whether the accused Is convicted or acquitted or discharged, the court shall decide whether any article or thing seized under this Act is liable to confiscation under section 60 or section 61 or section 62 and, if it decides that the article is so liable, it may order confiscation accordingly. (2) "Where any article or thing seized under this Act appears to be liable to confiscation under section 60 or section 61 or section 62, but the person wiio committed the offenco in connection therewith is not known or cannot be found, tho court may inquire into and decide such liability, and may order confiscation accordingly: Provided that no order of confiscation of an article or thing 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 or thing, other than a narcotic drug, psychotropic substance, the opium poppy, coca plant or cannabis plant is liable to speedy and natural decay, or if the court is of opinion that its sale would be for the benefit of its owner, it may at any time direct it to be sold; and the provisions of this sub-section shall, as nearly aa 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. Confisca- tion of goods used for conceal- ing illicit drugs or subs- tances. Confisca- tion of sale proceeds of illicit drugs or substances. Procedure in making confisca- tions. 26 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Power to tender immunity from prosecu- tion. Power to make rules regulat- ing dis- posal of confiscated articles and rewards. Presump- tion as to documents in cer- tain cases. 64. (1) The Central Government or the State Government may, if it is of opinion (the reasons for such opinion being recorded in writing) that with a view to obtaining the evidence of any person appearing to have been directly or indirectly concerned in or privy to the contraven- tion of any of the provisions of this Act or of any rule or order made thereunder it is necessary or expedient so to do, tender to such person immunity from prosecution for any offence under this Act or under the Indian Penal Code or under any other Central Act or State Act, as the case may be, for the time being in force, on condition of his making a full arid true disclosure of the whole circumstances relating to such contravention. (2) A tender of immunity made to, and accepted by, the person con- cerned, shall, to the extent to which the immunity extends, render him* immune from prosecution for any offence in respect of which the tender was made. , (3) If it appears to the Central Government or, as the case may be, the State Government, that any person to whom immunity has been tendered under this section has not complied with the conditions on which the tender was made or is wilfully concealing anything or is giving false evidence, the Central Government or, as the case may be, the State Government, may record a finding to that effect and thereupon the immunity shall be deemed to have been withdrawn and such person • may be tried for the offence in respect of which the tender of immunity was made or for any other offence of which he appears to have been guilty in connection with the same matter. 65. In connection with offences against rules which under this Act fall to be made by the State Government, the State Government and in connection with other offences, the Central Government, may make rules to regulate— (a) the disposal of all articles or things confiscated under tMs Act; and (b) the rewards to be paid to the officers, informers and other persons out of the proceeds of fines and confiscations under this Act, B6. Where any document— (0 is produced or furnished by any person or has been seized from the custody or control of any person, in either case, under this Act or under any other law, or (li) has been received from any place outside India (duly- authenticated by such authority or person end in such manner as may be prescribed by the Central Government") in the course of investi- gation of any offence under this Act alleged to have been committed by a person, and such document is tendered in any prosecution under this Act in evidence against him, or against him and any other person who is tried faintly with him,.the court shall— (a) presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reason- 45 of I860. &cc. 1] THE GAZETTE OF INDIA EXTRAOR,DINAKV =7 ably assume to have been signed by, or to be in the handwriting of, any particular person, is in that person's handwriting; and in the case of a document executed or attested, that it was executed or attested by the person by whom jt purports to have been so executed or attested; (b) admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise • admissible in evidence; (c) in a case falling under clause (i), also presume, unless the contrary is proved, the truth of the contents of such document. 67. Any officer referred to in section 42 who is authorised in this behalf by the Central G< vernment or a State Government may, during the course of any enquii f in connection with the contravention of any provision of this Act,— (a) call for inf< -mation from any person for the purpose of satisfying himself w"aether there has been any contravention of the provisions of this At;t or any rule or order made thereunder; (b) require any person to produce or deliver any document or thing useful or relevant to the enquiry; (c) examine any person acquainted with the facts and circum- stances of the case. 68. No officer acting in exercise of powers vested in him under any provision of this Act or any rule or order made thereunder shall be compelled to say whence he got any information as to the commission of any offence. CHAPTER VI MlSCEIXANEOUS 69. No suit, prosecution or other legal proceeding shall lie against the Central Government or a State Government or any officer of the Central Government or of the State Government or any other person exercising any powers or discharging any functions or performing any duties under this Act, for anything in good faith done Or intended to be done under this Act or any rule or order made thereunder. Power to call for informa- tion, etc. Inforiria- tion as to com- mission oi offences. Protection of action taken in good faith. 70. Wherever under this Act the Central Government or the State Government hag been empowered to make rules, the Central Government or the State Government, as the case may be, subject to other provisions of this Act, may while making the rules have regard to the provisions of the Single Convention on Narcotic Drugs, 1961, the Protocol of 1972 amending the said Convention and of the Convention on Psychotropic Substances, 1971 to which India is a party and to the provisions of any other international convention relating to narcotic drugs or psychotropic substances to which India may become a party. Central Govern- ment and State Govern- ments to have re- gard to interna- tional conven- tions while making rules. as THE GAZETTE OF INDIA EXTRAORDINARY [VAKI 11— Power of Govern- ment to establish centres for -identifica- tion, treatment, etc., of addicts and for supply of narcotic drugs and psycho- tropic substances. Recovery of stuns due to Govern- ment, Bar of juris- diction- Tran- sitional pro- vision*. 71. (1) The Government may, in its discretion, establish as many centres as it thinks fit for identification, treatment, education, after-care, rehabilitation, social re-integration of addicts and for supplys subject to such conditions and in such manner as may be prescribed, by the concern- ed Government of any narcotic drugs and psychotropic substances to the addicts registered with the Government and to others where such supply is a medical necessity. (2) The Government may make rules consistent with this Act provid- ing for the establishment, appointment, maintenance, management and superintendence of, and for supply of narcotic drugs and psychotropic substances from, the centres referred to in sub-section (1) and for the appointment, training, powers, duties and persons employed in such centres. 72. (1) In respect of any licence fee or other sum of any kind pay- able to the Central Government or to the State Government under any of the provisions of this Act or of any rule or order made thereunder, the officer of the Central Government or the State Government, as the case may be, who is empowered to require the payment of such sum, may deduct the amount of such sum from any money owing to the person from whom such sum may be recoverable or due or may recover such amount or sum by attachment and sale of the goods belonging to such persons and if the amount of the same is not so recovered, the same may be recovered from the person or from his surety (if any) as if It were an arrear of land revenue. (2) When any person, in compliance with any rule made under this Act, gives a bond (other than a bond under section 34 and section 39) 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 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. 73. No civil court shall entertain any suit or proceeding against any decision made or order passed by any officer or authority under this Act or under any rule made thereunder on any of the following matters, namely: — (a) withholding, refusal or cancellation of any licence for the cultivation of the opium poppy; (b) weighment, examination and classification according to the quality and consistence of opium and any deductions from, or addi- tion to, the standard price made in accordance with such examina- tion; t (c) confiscation of opium found to be adulterated with any foreign substance. 74. Every officer or other employee of the Government exercising or performing, immediately before the commencement of this Act, any powers, or duties with respect to any matters provided for in this Act, shall, on such commencement, be deemed to have been appointed under 9 of 1872. SKC. 1J THE GAZETTE Ob' INDIA EXTRAORDINARY *9 the relevant provisions of tins .a.ui to Uie same post and with the same designation as ne was hoiaing lumieuiuieiy beiore sucn commencement. 75. (1) The Central Government may, by notification in the Official Gazette, delegate, subject to suuu conditions and limitations as may be specined in tne notitication, sucn oi its powers and functions under this Act (except the power to make rules) as it may deem necessary or expedient, to the Board or any other authority or the Narcotics Com- missioner. , (2) The State Government may, by notification in the Official Gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of its powers and functions under this Act (except the power to make rules) as it may deem necessary or expedient, to any authority or officer of that Government. 76. ( i) Subject to the other provisions of this Act, the Central Gov- ernment may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: — (a) the method by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses (u ) , (vi), (xiv) and (xv) of section 2; (b) the form of bond to keep the peace to be executed under section 34: , d (c) the form of bond to be executed for release of an addict- convict for medical treatment under sub-section (2) of section 39 and the bond to be executed by such convict before his release after due admonition under sub-section (2) of that section; (d) the authority or the person by whom and the manner in which a document received from any place outside India shall be authenticated under clause (ii) of section 66; (e) the conditions and the manner in which narcotic drugs and psychotropic substances may be supplied for medical necessity to the addicts registered with the Central Government and to others under sub-section (1) of section 71; (f) the establishment, appointment, maintenance, management and superintendence of centres established by the Central Govern- ment under sub-section (1) of section 71 and appointment, training, powers and duties of persons employed in such centres; (ff) the term of office of, the manner of filling casual vacancies of, and the allowances payable to, the Chairman and members of the Narcotic Drugs and Psychotropic Substances Consultative Com- mittee and the conditions and restrictions subject to which a non- member may be appointed to a sub-committee under sub-section (5) of section 6; Power to dele- gate. Power of Central Govern- ment to make rules. (h) any other matter which is to be, or may be, prescribed. 30 THE GAZETTE OP INDIA EXTRAORDINARY [PART H— Rules and notifi- cations be laid before Parlia- ment. to 77. Every rule made under this Act by the Central Government and every notification issued under clause (xi) of section 2, section 3 and clause (a) of, and Explanation CO to, section 27 shall be laid, as soon as may be, after it is made or issued, 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 notification or both Houses agree that the rule or notification should not be made or issued, the rule or the' notifi- cation 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 or notification. Power of State Govern- ment to make rules. Applica- tion of the Customs Act, 1962. Applica- tion of tha Drugs and Cosmetlci Act, 1940 not barred. 78. (1) Subject to the other provisions of this Act, the State Govern- ment may, by notification in the Official Gazette, make rules for carry- ing out the purposes of this Act. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: — (a) the conditions and the manner in which narcotic drugs and psychotropic substances shall be supplied for medical necessity to the addicts registered with, the State Government and others under sub- • section (I) of section 71; (b) the establishment, appointment, maintenance, management, superintendence of centres established under sub-section (1) of 'sec- tion 71 and appointment, training, powers and duties of persons employed in such centres; (c) any other matter which is to be, or may be, prescribed. (3) Every rule made by a State Government under this Act shall be laid, as soon as may be after it is made, before the Legislature of that State. 79. All prohibitions and restrictions imposed by or under this Act on the import into India, the export from India and transhipment of narcotic drugs and psychotropic substances shall be deemed to be prohibitions and restrictions imposed by or under the Customs Act, 1962 and the pro- visions 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 prevent the offender from being punished under this Act. 80. The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 or the rules made thereunder. 52 of 1962. 2? of 1940. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 31 13 of 1857. 1 of 1878. 2 of 1930. 81. Nothing in this Act or in the rules made thereunder shall affect the validity of any Provincial Act or an Act of any State Legislature for the time being in force, or of any rule made thereunder which imposes any restriction or provides for a punishment not imposed by or provided for under this Act or imposes a restriction or provides for a punishment greater in degree than a corresponding restriction imposed by or a corresponding punishment provided for by or under this Act for the cultivation of cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within India. 82. (2) The Opium Act, 1857, the Opium Act, 1378 and the Dangerous Drugs Act, 1930 are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under any of the enactments repealed by sub-section (1) shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act. 83. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date on which this Act receives the assent of the President. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Houses of Parliament. Saving of State and special laws. Repeal and savings. Power to remove difficul- ties. 33 THE GAZETTE OF INDIA EXTRAORDINARY (FART II— THE SCHEDULE [See clause (xoctii) of section 2] LIST OF PSYCHOTHOPIC SUBSTANCES SI. No. t 3 3 4 5 6 1 B 9 to I I 12 ' 3 •4 ' 5 iG '7 18 i<» 10 a i 2 3 33 04 a j 36 27 s8 International non-proprietary names (+)-LYSERGIDE ETICYCLIDINfc ROLIGYCLIDINE FSILOGYBINE TENO0YCLIDINE AMPHETAMINE DEXAMPHETAMlNE MECLOQU ALONE METHAMPHETAMINE METHAQUALONE METHYLPHENIDATE PHENGYCLIDINE PHENMETRAZINE AMOBARB1TAL OYOLOBARBITAL GLUTETfflMIDE PENTAZOCINE PENTOBABBTTAL 3E0OBARBITAL Other ncn-proprietaiy names DET DMHP D M T LSD, LSD-33 mcscaline parahrxyl PCE PHP, PCPY piilocine, psilotjin STP, DOM TCP THO DOB MDA PGP Chemical name N, N-Diethy]tryptaminr 3-(i,a-Dimcthylhcptyl)-i-hydroxy-7,8,g,io-tctrahydro- 6,G,9-trimethyl-6H-tlibeiizo [b, d] pyran N, N-Dimelhyltryptamir.r (+)-N,lSl-Dicthyllysergamidc (d-lysfrgic acj'd diethyla- midr) 3,4,5-TrimoliioxyphfnetliyIamine 3-Hoxyl-1 -hydroxy-7,0,9,1 o-tetraliydro-6,6F9-trimi'- thyl'-6H-dibcnzo[b, d] pyran N-Ethyl-i-phenylcyclolicxylanjlni- i-(i-Phenylcyclohexyl) pyrro]idine 3-(a-Dimettiylaminoetliyl)-4-hydroxyindoJc 3-(2-Dlm<llthyllininoetriyl)-iiidol-.t-yl dihydrogen phosphate a-Ainino-i-^2,3-di™ethoxy-4-metliyl) plicnylpropano i-[i-f3-Thienyl) cyclohcxyl] riperidine Tetrahydrocaiinabinols, the following isomersi A6a(ioa), A6a(7), A7, A8, A9, Aio, Ag(' i) and their stereochemical Variants 3, s-dimethoxy-^-bromo.implictBniine 3, 4-mclhyloncdioxyamphetamine (iJ-a-Amina-i-plicnylprcipani- (+) -3-Aroin o-1 -phenylprop.uv: 3-(o-Gh;oi'ophcnyl)-2-mKtliyl-4(3H)-quinazolinon< (+)-3-Mcthy]amino-t-ph("nylpropane 2-Mcthy]-3-o-tolyl-4(3H)-quinaiolinonc a-Phcnyl-3(3-piperidyl)acol,ic acid, metliyl e«ter ' l-(l-Pheiiylcyclohcxyl) pipcridine 3-MfLhyl-3-phcnylmorpholinc 5-Ethyl-5-(3-mi;iUylbutyl)biirbiiuric acid 5-(i-Oyclohrx<-n-i-yl)-5-rthylbarbitm-ic acid 3-EthyI-a-plicnylglutsrimido IJ3)3tt)5.6-H(-xaliydro-6, i i-dJmethyl-3-(s- methyl-a-butoiiylj-s, 6-methano-3rbenzazoojn-8-ol 5-Ethyl-5-(i-methy)butyl)barbituric acid jj-AllyH-fi-methylbutynbarbiturio aoid SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 33 SI. ISO. 3 " ' 3 i 3a 33 FA 35 36 37 38 39 40 41 *a 43 44 45 46 47 48 49 3° 51 .12 S3 54 55 5G International non-proprietary names ALPRAZOLAM AMFEPRAMONE BARBITAT. BENZPHETAMINE BROMAZEPAM CAMAZEPAM CHLORDIAZEPOXIDE CLOBAZAM GLONAZEPAM CLORAZEPATE CLOTIAZEPAM CLOXAZOLAM DELORAZEPAM DIAZEPAM ESTAZOLAM ETHCHLORVYNOL ETHINAMATE ETHYLLOFLAZEPATE FLUDIAZEPAM FLUNITRAZEPAM FLURAZEPAM HALAZBPAM HALOXAZOT.AM KETAZOLAM LEFETAMINE LOPRAZOLAM LORAZEPAM Olhrr non-proprietary nairca > SPA Chemical npmf O-Ghloro-j-iWfthyl-e-piictiyl^H-i-tiiizoIo^jS-n] \i, ^Ivnzodiazcpinc 2-(Diftliylamino)propioplirnont' 5,5'Di'"thy]barbitiiric acid N-Brnzyl-N, •< -rtimethylplienethylamine 7-BroraQ-ij 3-dihyilro-g-(a-pyridyl)-aH-j, 4-bfnat diazepin-a-one 7-Chloro-1, 3-diliy(Jro-3-li ydroxy-1 -methyl-g-phcii yl- •H-t, 4-ben3indiazcpin-a-onc dimrtliylcarbamate (eitfr) 7-GhJoro-a-(mctliy]aminn)-5 phrny]-3H-i, 4-benzodia- zepir/r-4-oxi(lf 7-Gli]oro-i-mi*thyl-5-phrnyl-iH-i, 5~bcnzodiazrpinc-2, 4C3H, 5H)-(iionc 5-fo-OLloroplicnyl)-j, 3-aihydro-7-nitro-aH-i, 4- bcn/odiazcpin-2-onc 7-Ch]oro-2, 3-riihydro-a-oxo-5-p^enyl-iH, 4-benzo- diazcpinc-3-carboxyIic noid 5-(o-Glilorophcnyl)-7-etl)yl-i, 3-djhydro-i-mrthy]-2H- thiciio [2, 3-e]-i, 4-diazcpin-a-onc io-Ghloro-nb-(o-clilorophcnyl)-a, 3, 7, nb-tetr&Hydro- oxazolo-[3, 2-d] [r,4] bcnzodiazepin-6(5H)-one 7-Chloro-5-(o-cTi]ovop1ifinyl)-i, 3-dihydro-aH-i, 4- , bcTizodiazepin-H-one 7-Cbloro-i, 3-dihydro-1.mrtthyl.5-phenyl.2H-1, 4- bfnzodiazrpiu-a-onc 0-Ghloro-6-phcnyl-4H-s-triazolo [4, 3-a] [1, 4] bfn- sodiazepine Ethyl-a-chlorovinylcthynykarbinol i-Ethynylcyclohexanolcarbanmte Ethyl 7-chloro-5-(o-flunrophen>l)-2,3-dihydro-2*oxo- I H - J , 4-bcnzociazcpinc-3-oarboxylato 7-Ghloro-5-(o-fluorophenyl)-i, 3-dihydro-i-raethyl-aH- 1, 4-benzodiazepin-fl-one 5-(o-Fluorophcnyl)-i, 3-dihydio-i-metliyl-7-nitro-aH- 1, 4-benzodiazcpin-a-pne 7-Ghloro-l-[3-(diethylamino) cthyl]-5-fo-fluoropllenyl)- 1, 3-dihy3io-2H-i, 4-benzodiazepln-a-onc 7-Ghloro-t, 3-dihydro-5-plionyl-i- (3,3,3-frifluoroethyl)- aH-i, 4-bcnzodiazepin-a-ono 1 OrBromo-i 1 b-(o-fluorophcnyl)-2,3,7, 11 b-tctrahy- drooxazolo [3, a-d] [t, 4]-'brnzodia«cpin-6C3H)- ono n-Chloio-8, iab-dihydro-a, 8-dinwthyl-iab-plieny]- 4H-[i, 3]-rxazino-[3, 2-d] [1, 4] btnzodia»rpinc-4, 7C6H)-dionc (—•)-i-Dimcthy]araino-iJ 2-diphenylethane 6-Co-Chlorophcnyl)-a, 4-dihydro-a-[(4-methyl-i-pipera- ainyl) methy]cne]-8-nitro-iH-im]dazo['i, 2-n] [1, 4] bcnzodinzcpin-i-one 7-Qhloro-5-(o-chlorophenyl)-i, 3-diIiydro- dro^y- 2H-1. 4-bcnzodiazopin-a-one 34 THE GAZETTE OF INDTA EXTRAORDINARY [PART H - S E C . 1] si. No. 57 58 59 60 61 6a 63 64 65 m ( 68 69 70 7i ' 72 73 74 75 76. 77 International non-propr'etary Other non-proprietary names mtmca LORMETAZEPAM MAzrNDOL MEDAZEPAM MEPROBAMATE METHYLPHENOBARBITAL; METHYPRYLON NIMETAZEPAM NITRAZEPAM NORDAZEPAM OXAZEPAM OXAZOLAM PHENDIMETRAZINE PHENODARBITAL PHENTERMINE PINAZEPAM PIPRAPROL PRAZEPAM TEMAZEPAM TETRAZEPAM TRIAZOLAM Safts and Prcparationj nf abtivf. Chemical nume 7-Ghloro-3-(u-chloroplieriyl).i) 3-dihyiL'o-3-hyclroxy-i- mfthyl-aH-i, 4-b*jn2ndijiKfpin-2-onc .i5-(0-CIilorophcnyl)-a, 5-dihyflro-3H-iraidnzn[a, i-x] isolndol-j-ol 7-Qnloro-a, 3-dihydro-t-mcthyl-5-plienyl-iH-i, 4- bcnzodiBicpine f-Mfthyl-a-propy)-!, 3-prupinfdiol dicarbamatc 5-Ethyl-i-mrthyi-5-phcnylbarbitun"c acid 3, 3-Dicthyi-j-inrthyl-a, 4-piperidiri*"-diotit 1, 3-Dihytlro-1.methyl-7-nitro-5-phenyl.2H-1, 4-bon- zodinzepin-a-one 1, 3-D;hydro-7-nitro-s-ph<'nyl-aH-i, 4-bcnzodiazf- pin-2-onr 7-CMcro-i, 3-diliydro-5-phrn>l-i(aH)-ij 4-ben2odia- zfpin-fl-onc 7-Ghloro-t, 3-dihydro-3-hydroxv-5-phenyl-aH-i? 4- brnzodiazfpin-2-one 10-Chloro-a, 3,7, 1 jb-tflrahydro-a-methyl-ub-plu-nyl- oxazolo [3, a-d] [1, 4] bcnzodiazopin-6f,i5li)-onc ( f )-3i 4-Diincihyl-a-pbcnylmorpholine 5-Ethyl-5-phKnylbarbiluric acid «< , << -Dimcthylphenethylamine 7-Ghloro-i, 3-dihydro-5-pheny-i-(3-propynyl)-aH-i, 4-bcnstodiazcpin-a-one 1,1 -Diphcny]-i -(2-piperidyl)-metbBnol 7-Chloro-i-(cycle propylm«thyl)-i,.3-dihydro-5-phrnyl -2H-1, 4-bcnzodiaztpiiira-one 7-Chloro-i, g-dihydro-s-hydroxy-i-methyl-5-ptcnyl-aH- 1,4-benzodiazrpin-a-one 7-Chloro-3-(cycloej[en-i-yl).i,-3-diliydro-i-metIiyl-sH- 1, 4-benzodiazcpin-2-one 8-Chloro-6-(o-chlorophenyl)-t-racthyl-4H-»-triazolo [4,3- a ] [ri4] benzodiaEcpine. R. V. S. PERI SASTRI, Secy, to the Govt. of India, PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DEtHI AND PUBLISHED BY TpE CONTROLLER OF PUBLICATIONS, DELHI, 1985