Back

DANGEROUS DRUGS ACT, 1930

DANGEROUS DRUGS ACT, 1930

2 of 1930

1st March, 1930

STATEMENT OF OBJECTS AND REASONS In view of the obligations undertaken by the Government of India by ratifying the Geneva Dangerous Drugs Convention. 1925, and the existing confusion of the laws governing the traffic In dangerous drugs in British India, it has become necessary to enact a Central Dangerous Drugs Act. The obligations that have been so undertaken by the Central Government are two-fold; firstly, in regard to the regulation of inter- national traffic in all the drugs covered by the Convention, and secondly, in regard to the regulation of the manufacture of, and Internal traffic 'in, certain specified drugs, such as cocaine and morphine. The subject-matter of the Bill is one that under the Devolution Rules, is partly provincial, but the Local Governments have assented to the passing of Central legislation on the subject in view of the special advantages of such legislation in the circumstances. In addition to centralising and vesting in the Governor-General in Council the control of certain operations relating to dangerous drags, the proposed Bill renders uniform, and in some cases increases, the penalties for certain offences relating to dangerous drugs."—Gazette of India, 1929, Pt. V, p. 138.

An Act to centralise and vest in the 2[Central Government] the control over certain operations relating to dangerous drugs and increase and render uniform3[* * *] the penalties for offences relating to such operations Whereas India participated in the Second International Opium Conference, winch was convoked in accordance with the resolution of the Assembly of the League of Nations dated the 27th day of September, 1923, met at Geneva on the 17th day of November, 1924, and on the 19th day of February, 1925, adopted the Convention relating to Dangerous Drugs (hereinafter referred to as the Geneva Convention); And whereas India was a State signatory to the said Geneva Convention; And whereas the Contracting Parties to the said Geneva Convention re- solved to take further measures to suppress the contraband traffic in and abuse of Dangerous Drags, especially those derived from opium, Indian hemp and coca leaf, such measures being more particularly set forth in the Articles of the said Geneva Convention; And whereas for the effective carrying out of the said measures it is expedient that the control of certain operations relating to Dangerous Drugs should be centralised and vested in the Central Government,' And whereas it is also expedient that the penalties for certain offences relating to Dangerous Drugs should be increased, and that all penalties relating to certain operations should be rendered uniform3[* * *]; It is hereby enacted as follows:—

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called THE DANGEROUS DRUGS ACT, 1930.

(2) It extends to the whole of India4[* * *].

(3) It shall come into force on such date5as the6[Central Government] may, by notification in the7 [Official Gazette], appoint.

SECTION 02: DEFINITIONS

— In this Act, unless there is anything repugnant in the subject or context,—

(a) "coca leaf" means—

(i) the leaf and young twigs of any coca plant, that is, of the Erythroxyton coca (Lamk) and the Erythroxyton novo-granatense (Hiern.) and their varieties, and of any other species of this genus which the8[Central Government] may by notification in the 9[Official Gazette], declare to be coca plants for the purposes of this Act; and

(ii) any mixture thereof, with or without neutral materials; but does not include any preparation containing not more than 0.1 per cent. of cocaine;

(b) "coca derivative" means—

(i) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine;

(ii) ecgonine, that is, laevo-ecgonine having the chemical formula C9H15N03H20, and all the derivatives of laevo-ecgonine from which it can be recovered;

(iii) cocaine, that is methyl-benzoyl-laevo-ecgonine having the chemical formula C17H21N04, and its salts;

(iv) all preparations, official and non-official, containing more than 0.1 per cent. of cocaine;

(i) the leaves, small stalks and flowering or fruiting tops of the Indian hemp plant (Cannabis sativa L.), including all forms known as bhang, siddhi, or ganja;

(ii) charas, that is, the resin obtained from the Indian hemp plant, which has not been submitted to any manipulations other than those necessary, for packing and transport; and

(iii) any mixture, with or without neutral materials of any of the above forms of hemp or any drink prepared therefrom:

(d) "medical hemp" means any extract or tincture of hemp;

(e) "opium" means—

10[(i) the, capsules of the poppy (Papaver somniferum L.), whether in their original form or cut, crushed or powdered, and whether or not juice has been extracted therefrom;]

(ii) the spontaneously coagulated juice of such capsules which has not been submitted to any manipulations other than those necessary for packing and transport; and

(iii) any mixture, with or without neutral materials, of any of the above forms of opium; but does not include any preparation containing not more than 0.2 per cent. of morphine;

(f) "opium derivative" means—

(i) medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the British Pharmacopoeia, whether in powder form or granulated or otherwise or mixed with neutral materials;

(ii) prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking, and the dross or other residue remaining after opium is smoked;

(iii) morphine, that is, the principal alkaloid of opium having the chemical formula C17H19N03, and its salts;

(iv) diacetylmorphine, that is, the alkaloid, also known as diamorphine or heroin, having the chemical formula C21H23N05, and its salts; and

(v) all preparations, official and non -official, containing more than 0.2 per cent. of morphine, or containing any diacetylmorphine;

(g) "manufactured drug" includes—

(i) all coca derivatives, medicinal hemp and opium derivatives; and

(ii) any other narcotic substance which the 11[Central Government] may, by notification in the14[Official Gazette] made in pursuance of a recommendation underArticle 10of the Geneva Convention15[or in pursuance of any international convention supplementing the Geneva Convention], declare to be a manufactured drug; but does not include any preparation which the Central Government may, bynotification in the Official Gazette 12made in pursuance of a finding underArticle 8 of the Geneva Convention, declare not to be a manufactured drug;

(h) "dangerous drug" includes coca leaf, hemp and opium, and all manufactured drugs;

16[(i) "to import into17[India] means to bring into18[India] by land, sea or air across any of the customs frontiers defined up by the Central Government 19[, and includes the bringing into any port or place in17[India] of a dangerous drug intended to be taken out of17[India] without being removed from the ship or conveyance in which it is being carried];

(j) "to import inter-provincially" means to bring into a State otherwise than across any of the said customs frontiers;

(k) "to export from 20[India]'' means to take out of20[India] by land, sea or air across any of the said customs frontiers;

(l) "to export inter-provincially" means to take out of a State otherwise than across any of the said customs frontiers;

21[(11) * * * * *]

(m) "to transport" means to take from one place to another in the same22[State];23 [* * * * * ]

23[(n) * * * * * ]

SECTION 03: CALCULATION OF PERCENTAGES IN LIQUID PREPARATIONS

The²⁴[Central Government) may make rules prescribing the method by which percentages in the case of liquid preparations shall be calculated for the purposes of clauses (a), (b), (e) and (f) of Section 2-: Provided that, unless and until such rules are made, such percentages shall be calculated on the basis that a preparation containing one per cent. of a substance means a preparation in which one gramme of the substance, if a solid, or one millilitre of the substance, if a liquid, is contained in every one hundred millilitres of the preparation, and so in proportion for any greater or less percentage.

SECTION 04: PROHIBITION OF CERTAIN OPERATIONS

25[(1)] No one shall—

(a) cultivate any coca plant or gather any portion of a coca plant,

(b) manufacture or possess prepared opium, unless it is prepared from opium lawfully possessed for the consumption of the person so possessing it, or

(c) import into26[India], export from26[India], tranship or sell prepared opium. Provided that this section shall not apply to the cultivation of any coca plant or to the gathering of any portion thereof on behalf of the29 [Government].

27[(2) The28[State Government] may make rules restricting and regulating the manufacture and possession of prepared opium from opium which is law- fully possessed under clause (b) of subsection (1).]

OBJECTS AND REASONS "We have amended sub-clause (b) so as not to penalise the preparation of prepared opium by a lawful owner's relative or servant, on his behalf. In sub-clause (c) we have deleted the word transport', as the transport of prepared opium which Is unlawfully possessed will be punishable as unlawful possession, whereas the transport of prepared opium lawfully possessed cannot, on practical ground, be made punish- able. We have added a proviso which will allow Government to grow the coca plant, and to experiment in the manufacture of cocaine therefrom, as we think it desirable that India should not be debarred from having indigenous supplies of this valuable drug tor proper medicinal uses......"—S.C.R.

SECTION 05: CONTROL OF CENTRAL GOVERNMENT OVER PRODUCTION AND SUPPLY OF OPIUM

(1) No one shall—

(a) cultivate the poppy (Papaver somniferum L.) or

(b) manufacture opium,save in accordance with rules made under sub-section (2) and with the conditions of any licence for that purpose which he may be required to obtain under those rules.

(2) The30[Central Government] may make rules permitting and regulating the cultivation of the poppy (Papaver somniferum L.) and the manufacture of opium, and such rules may prescribe the form and conditions of licences for such cultivation and manufacture, the authorities by which such licences may be granted, the fees that may be charged therefor, and any other matter requisite to render effective the control of the30[Central Government] over such cultivation and manufacture.

(3) The31[Central Government] may also make rules permitting and regulating the sale of opium from Government factories for export or to32[State Governments] or to manufacturing chemists.

SECTION 06: CONTROL OF CENTRAL GOVERNMENT OVER MANUFACTURE OF MANUFACTURED DRUGS

(1) No one shall manufacture any manufactured drug, other than prepared opium, save in accordance with rules made under sub-section (2) and with the conditions of any licence-for that purpose which he may be required to obtain under those rules.

(2) The33[Central Government] may make rules34permitting and regulating the manufacture of manufactured drugs, other than prepared opium, and such rules may prescribe the form and conditions of licences for such manufacture, the authorities by which such licences may be granted and the fees that may be charged therefor, and any other matter requisite to render effective the control of the33[Central Government] over such manufacture.

(3) Nothing in this section shall apply to the manufacture of medicinal opium or of preparations containing morphine, diacetylmorphine or cocaine from materials which the maker is lawfully entitled to possess.

SECTION 07: CONTROL OF CENTRAL GOVERNMENT OVER OPERATIONS AT LAND AND SEA FRONTIERS

(1) No one shall—

(a) import into35[India],

(b) export from35[India] or

(c) tranship any dangerous drug, other than prepared opium, save in accordance with rules made under sub - section (2) and with the conditions of any licence for that purpose which he may be required to obtain under those rules.

(2) The36[Central Government] may make rules permitting and regulating the import into and export from37[India] and the transhipment of dangerous drugs, other than prepared opium, and such rules may prescribe the ports or places at which any kind of dangerous drug may be imported, exported, or transhipped, the form and conditions of licences for such import, export or transhipment, the authorities by which such licences may be granted, the fees that may be charged therefor, and any other matter requisite to render effective the control of the Central Government over such import, export and transhipment.

SECTION 08: CONTROL OF STATE GOVERNMENT OVER INTERNAL TRAFFIC IN MANUFACTURED DRUGS AND COCA LEAF

(1) No one shall—

(a) import or export inter-provincially, transport, possess or sell any manu- factured drug, other than prepared opium, or coca leaf, or

(b) manufacture medicinal opium or any preparation containing morphine, diacetylmorphine or cocaine, save in accordance with rules made under sub -section (2) and with the conditions of any licence for that purpose which he may be required to obtain under those rules.

(2) The38[State Government] may39[* * *] make rules permitting and regulating—

(a) the inter -State import and export into and from the territories under its administration, the transport, possession and sale of manufactured drugs, other than prepared opium, and of coca leaf; and

(b) the manufacture of medicinal opium, or of any preparation containing morphine, diacetylmorphine or cocaine from materials which the maker is lawfully entitled to possess. Such rules may prescribe the form and conditions of licences for such import, export, transport, possession, sale and manufacture, the authorities by which such licences may be granted and the fees that may be charged therefor, and any other matters requisite to render effective the control of the38[State Gov- ernment] over such import, export, transport, possession, sale and manufacture.

(3) Save in so far as may be expressly provided in rules made under sub-section (2), nothing in this section shall apply to manufactured drugs which are the property and in the possession of Government: Provided that such drugs shall not be sold or otherwise delivered to any person who, under the rules made by the 40[State Government] under this section, is not entitled to their possession.

SECTION 09: CONTROL OF STATE GOVERNMENT OVER EXTERNAL DEALINGS IN DANGEROUS DRUGS

No one shall engage in or control any trade whereby a dangerous drug is obtained outside⁴¹[India] and supplied to any person outside⁴²[India], save in accordance with the conditions of a licence granted by and at the discretion of the⁴²[State Government].OBJECTS AND REASONS "We have inserted this clause in order that Local Governments may have some control over traffic in dangerous drugs where the persons promoting the traffic have their headquarters in India but the traffic itself lies entirely outside India. Such a case would arise where a merchant in Bombay arranges with opium suppliers in Persia for the despatch of opium to China. Clause 19 is introduced to supply the penalty for this clause inserted by us. We propose to limit the penalty to a fine of one thousand rupees without imprisonment."—S. C. R.

SECTION 10: PUNISHMENT FOR CONTRAVENTION OF SECTION 4

— Whoever—

(a) cultivates any coca plant or gathers any portion of a coco plant,

(b) manufactures or possesses prepared opium otherwise than as permitted underSection 4-, or

(c) imports into43[India], exports from43[India], tranships or sells prepared opium,44[shall be punishable with imprisonment which may extend to three years, with or without fine.]45Provided that this section shall not apply to the cultivation of any coca plant or to the gathering of any portion thereof on behalf of the Government.

SECTION 11: PUNISHMENT FOR CONTRAVENTION OF SECTION 5A

Whoever, in contravention of Section 5-, or any rule46made under that section, or of any condition of a licence granted thereunder,—

(a) cultivates the poppy, or

(b) manufactures opium,47[shall be punishable with imprisonment which may extend to three years,

SECTION 12: PUNISHMENT FOR CONTRAVENTION OF SECTION 6A

Whoever, in contravention of Section 6-, or any rule⁴⁸made under that section, or any condition of a licence granted thereunder, manufactures any manufactured drug,⁴⁹[shall be punishable with imprisonment which may extend to three years, with or without fine].

SECTION 13: PUNISHMENT FOR CONTRAVENTION OF SECTION 7A

Whoever, in contravention of Section 7-, or any rule made under that section, or any condition of a licence granted thereunder,—

(a) imports into,50[India],

(b) exports from,51[India] or

(c) tranships,any dangerous drug,52[shall be punishable with imprisonment which may ex- tend to three years, with. or without fine].

SECTION 14: PUNISHMENT FOR CONTRAVENTION OF SECTION 8A

Whoever, in contravention of Section 8-, or any rule53made under that section, or any condition of a licence issued thereunder,—

(a) imports or exports inter-provincially, transports, possesses or sells any manufactured drug or coca leaf, or

(b) manufactures medicinal opium or any preparations containing morphine diacetylmorphine or cocaine,54[shall be punishable with imprisonment which may extend to three years, with or without fine].

SECTION 15: PUNISHMENT FOR ALLOWING PREMISES TO BE USED FOR THE COMMISSION OF ANOFFENCE

⁵⁵[Whoever, being the owner or occupier or having the use of any house, room, enclosure, space, vessel, vehicle, or place, knowingly permits it to be used for the commission by any other person of an offence punishable under Section 10-,Section 12-,Section 13-, or Section 14-,⁵⁶[shall be punishable with imprisonment which may extend to three years, with or without fine].

SECTION 16: ENHANCED PUNISHMENT FOR CERTAIN OFFENCES AFTER PREVIOUS CONVICTION

Whoever, having been convicted of an offence punishable under Section 10-,Section 12-,Section 13-, or Section 14-, is guilty of any offence punishable under any of those sections, shall be subject for every such subsequent offence a to imprisonment which may extend⁵⁷to four years,⁵⁸[with or without fine].

SECTION 17: ENHANCED PUNISHMENT FOR OFFENCEA UNDER SEC. 15 AFTER PREVIOUS CONVICTION

Whoever, having been convicted of an offence punishable under Section 15-, is again guilty of an offence punishable under that section, shall be subject for every such subsequent offence to imprisonment which may extend⁵⁹to four years,⁶⁰[with or without fine].

SECTION 18: SECURITY FOR ABSTAINING FROM COMMISSION OF CERTAIN OFFENCES

(1)Whenever any person is convicted of an offence punishable under Section 10-,Section 12- ,Section 13-, or Section 14-, and the Court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of offences punishable under those sections, the Court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from the commission of such offences during such period, not, exceeding three years, as it thinks fit to fix.

(2) The bond shall be in the form contained in Schedule I, and the pro- visions of the Code of Criminal Procedure, 1898, shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under Section 106of that Code,

(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void

(4) An order under this section may also be made by an Appellate Court, or by the High Court when exercising its powers of revision.

SECTION 19: PENALTY FOR CONTRAVENTION OF SECTION 9A

Whoever engages in or controls any trade whereby a dangerous drug is obtained outside⁶¹[India] and supplied to any person outside⁶²[India], otherwise than in accordance with the conditions of a licence granted under Section 9-, shall be punished with fine which may extend to one thousand rupees.

SECTION 20: ATTEMPTS

⁶³[Whoever attempts to commit an offence punishable under this Chapter, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall be punish- ed with the punishment provided for the offence.

SECTION 21: ABETMENTS

⁶⁴[(1) Whoever abets an offence punishable under this Chapter shall, whether such offence be or be not committed in consequence of such abetment, and notwithstanding anything contained in Section 116 of the Indian Penal Code, be punished with the punishment provided for the offence.

(2) A person abets an offence within the meaning of this section who, in⁶⁵[India] abets t(a) would constitute an offence if committed within⁶⁵[India]; or

he commission of any act in a place without and beyond⁶⁵[India] which—

(b) under the laws of such place, is an offence relating to dangerous drugs having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within⁶⁵[India].

SECTION 22: POWER TO ISSUE WARRANTS

(1) The Collector, or other officer authorized by the⁶⁶[State Government] in this behalf, or a Presidency Magistrate or a Magistrate of the first class, or a Magistrate of the second class specially empowered by the⁶⁷[State Government] in tins be ball, may issue a warrant for the arrest of any person whom he has reason to believe to have committed an offence punishable under Chapter III, or for the search, whether by day or by night, of any building, vessel or place in which he has reason to believe any dangerous drug in respect of which an offence punishable under Chapter III has been committed is kept or concealed.

(2) The officer to whom a search warrant under sub-section (1) is ad- dressed shall have all the powers of an officer acting under S. 23.

SECTION 23: POWER OF ENTRY, SEARCH, SEIZURE AND ARREST WITHOUT WARRANT

(1)⁶⁸[Any officer of the department of Central Excise, Narcotics, Drugs Control, Customs, Revenue, Police or Excise, superior in rank to a peon or constable, authorized in this behalf by the Central Government or the State Government,] who has reason to believe, from personal knowledge or from information given by any person and taken down in writing, that any dangerous drug in respect of which an offence punishable under Chapter III has been committed is kept or concealed in any building, vessel or enclosed place, may, between sunrise and sunset,—

(a) enter into any such building, vessel or place;-

(b) in case of resistance, break open any door and remove any other obstacle to such entry;

(c) seize such drug and all materials used in the manufacture thereof and any other article which he has reason to believe to be liable to confiscation under Section 33-and any document or other article which he has reason to believe may furnish evidence of the commission of an of- fence punishable under Chapter III relating to such drug;, and

(d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed an offence punishable under Chapter III relating to such drug: Provided that if such officer has reason to believe that a search warrant cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search such building, vessel or enclosed place at any time between sunset and sunrise, after recording the grounds of his belief

(2) Where an officer takes down any information in writing under sub" section (1), or records grounds for his belief under the proviso thereto, he shall forthwith send a copy thereof to his immediate official superior.

OBJECTS AND REASONS "As the Bill is aimed at traffic in dangerous drugs, it is desirable that officers carrying out the search of a house containing dangerous drugs should be able to seize documents or other articles which may furnish valuable evidence that the drugs seized have been the subject-matter of an of- fence. We have amended sub-clause (c) accordingly. We have added a proviso which will empower police and other officers to make searches by night, under circumstances where there is reason to believe that delay will result in the escape of the offenders or the removal of illicit drugs. We have added a new sub-clause to ensure that these powers shall be properly exercised."

SECTION 24: POWER OF SEIZURE AND ARREST IN PUBLIC PLACES

Any Officer of any of the departments mentioned in Section 23-may—

(a) seize, in any public place or in transit, any dangerous drug in respect of which he has reason to believe an offence punishable under Chapter III has been committed, and, along with such drug, any other article liable to confiscation under Section 33-, and any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under Chapter III relating to such drug;

(b) detain and search any person whom he has reason to believe to have committed an offence punishable under Chapter III, and, if such per- son has any dangerous drug in his possession and such possession appears to him to be unlawful, arrest him and any other persons in his company.

SECTION 25: MODE OF MAKING SEARCHES AND ARRESTS

The provisions of the Code of Criminal Procedure, 1898,a shall apply, in so far as they are not inconsistent with the provisions of Sections 22-,23-and24-, to all warrants issued and arrests and searches made under those sections.]

SECTION 26: OBLIGATIONS ON OFFICERS TO ASSIST EACH OTHER

All officers of the several departments mentioned in Section 23-shall, upon notice given or re- quest made, be legally bound to assist each other in carrying out the provisions of this Act.

SECTION 27: REPORTA OF ARRESTS AND SEIZURES

Whenever any person makes any arrest or seizure under this Act, he shall, within forty-eight hours next after such arrest or seizure, make a full report of all the particulars⁷⁰of such arrest or seizure to his immediate official superior.

SECTION 28: PUNISHMENT FOR VEXATIOUS ENTRY, SEARCH, SEIZURE OR ARREST

Any person empowered under Section 23-orSection 24-who—

(a) without reasonable grounds of suspicion, enters or searches, or causes to be entered or searched, any building, vessel or place;

(b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any dangerous drug other artiticle liable to be confiscated under Section 33-, .or of seizing any document or other article liable to seizure under Section 23-erSection 24-;

(c) vexatiously and unnecessarily detains, searches or arrests any person, shall be punished with fine which may extend to five hundred rupees.

SECTION 29: DISPOSAL OF PERSONS ARRESTED AND OF ARTICLES SEIZED

(1) Every per- son arrested and articles seized under a warrant issued under S. 22 shall be forwarded without delay to the authority by whom the warrant was issued; and every person arrested and article seized under Section 23-orSection 24-shall be forwarded without delay to the officer in charge of the nearest police station or to the nearest officer of the Excise Department empowered under Section 30-.

(2) The authority or officer to whom any person or article is forwarded under this section shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or article, [Cf. Constitution of India Art. 22(2).]

OBJECTS AND REASONS See under Section 30-State Amendments

SECTION 30: POWER TO INVEST EXCISE OFFICERS WITH POWERS OF AN OFFICER IN CHARGE OF APOLICE STATION

— The⁷¹[State Government] may invest any officer of the Excise Department or any class of such officers, with the powers of an officer in charge of a police statio

+Clients Back

+Lawyers

+Law Students

+Law Schools

Central Act

DANGEROUS DRUGS ACT, 1930

Lawyers Network

Users

Cities Serving

Law Schools Network

Law Students Network