THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND
PSYCHOTROPICSUBSTANCES ACT, 1988
NO. 46 OF 1988
[6th September, 1988.]An
1.
Short title, extent and commencement.
1. Short title, extent and commencement. (1) This Act may be
called the Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act, 1988.
(2) It extends to the whole of India except the State of Jammu
and Kashmir.
(3) It shall be deemed to have come into force on the 4th day of
July, 1988.
2.
Definitions.
2. Definitions. In this Act, unless the context otherwise
requires,--
(a) "appropriate Government" means, as respects a detention
order made by the Central Government or by an officer of the
Central Government, or a person detained under such order, the
Central Government, and as respects a detention order made by a
State Government or by an officer of a State Government, or a
person detained under such order, the State Government;
(b) "customs airport" means any airport appointed under
clause (a) of section 7 of the Customs Act, 1962 (52 of 1962.) to
be a customs airport;
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(c) "detention order" means an order made under section 3;
(d) "foreigner" has the same meaning as in the Foreigners
Act, 1946; (31 of 1946.);
(e) "illicit traffic", in relation to narcotic drugs and
psychotropic substances, means--
(i) cultivating any coca plant or gathering any portion
of coca plant;
(ii) cultivating the opium poppy or any cannabis plant;
(iii) engaging in the production, manufacture,
possession, sale, purchase, transportation, warehousing,
concealment, use or consumption, import inter-State, export
inter-State, import into India, export from India or
transhipment, or narcotic drugs or psychotropic substances;
(iv) dealing in any activities in narcotic drugs or
psychotropic substances other than those provided in sub-
clauses (i) to (iii); or
(v) handling or letting any premises for the carrying
on of any of the activities referred to in sub-clauses (i)
to (iv), other than those permitted under the Narcotic Drugs
and Psychotropic Substances Act, 1985, (61 of 1985.), or any
rule or order made, or any condition of any licence, term or
authorisation issued, thereunder and includes--
(1) financing, directly or indirectly, any of the
aforementioned activities;
(2) abetting or conspiring in the furtherance of or in
support of doing any of the aforementioned activities; and
(3) harbouring persons engaged in any of the
aforementioned activities;
(f) "Indian customs waters" has the same meaning as in
clause (28) of section 2 of the Customs Act, 1962 (52 of 1962.);
(g) "State Government", in relation to a Union territory,
means the Administrator thereof;
(h) words and expressions used herein but not defined, and
defined in the Narcotic Drugs and Psychotropic Substances Act,
1985 (61 of 1985.), have the meanings respectively assigned to
them in that Act.
3.
Power to make orders detaining certain persons.
3. Power to make orders detaining certain persons. (1) The
Central Government or a State Government, or any officer of the
Central Government, not below the rank of a Joint Secretary to that
Government, specially empowered for the purposes of this section by
that Government, or any officer of a State Government, not below the
rank of a Secretary to that Government, specially empowered for the
purposes of this section by that Government, may if satisfied, with
respect to any person (including a foreigner) that, with a view to
preventing him from engaging in illicit in narcotic drugs and
psychotropic substances, it is necessary so to do, make an order
directing that such person be detained.
(2) When any order of detention is made by a State Government or
by an officer empowered by a State Government, the State Government
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shall, within ten days, forward to the Central Government a report in
respect of the order.
(3) For the purposes of clause (5) of article 22 of the
Constitution, the communication to a person detained in pursuance of a
detention order of the grounds on which the order has been made shall
be made as soon as may be after the detention, but ordinarily not
later than five days, and in exceptional circumstances and for reasons
to be recorded in writing not later than fifteen days, from the date
of detention.
4.
Execution of detention orders.
4. Execution of detention orders. A detention order may be
executed at any place in India in the manner provided for the
execution of warrants of arrest under the Code of Criminal Procedure,
1973 (2 of 1974.).
5.
Power to regulate place and conditions of detention.
5. Power to regulate place and conditions of detention. Every
person in respect of whom a detention order has been made shall be
liable--
(a) to be detained in such place and under such conditions
including conditions as to maintenance, interviews or
communication with others, discipline and punishment for breaches
of discipline, as the appropriate Government may, by general or
special order, specify; and
(b) to be removed from one place of detention to another
place of detention, whether within the same State or in another
State by order of the appropriate Government:
Provided that no order shall be made by a State Government under
clause (b) for the removal of a person from one State to another State
except with the consent of the Government of that other State.
6.
Grounds of detention severable.
6. Grounds of detention severable. Where a person has been
detained in pursuance of an order of detention under sub-section (1)
of section 3 which has been made on two or more grounds, such order of
detention shall be deemed to have been made separately on each of such
grounds and accordingly--
(a) such order shall not be deemed to be invalid or
inoperative merely because one or some of the grounds is or are--
(i) vague,
(ii) non-existent,
(iii) not relevant,
(iv) not connected or not proximately connected with
such person, or
(v) invalid for any other reason whatsoever, and it is
not therefore possible to hold that the Government or
officer making such order would have been satisfied as
provided in sub-section (1) of section 3 with reference to
the remaining ground or grounds and made the order of
detention;
(b) the Government or officer making the order of detention
shall be deemed to have made the order of detention under the
said sub-section (1) after being satisfied as provided in that
sub-section with reference to the remaining ground or grounds.
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7.
Detention. Orders not to be invalid or inoperative on certain grounds.
7. Detention. Orders not to be invalid or inoperative on certain
grounds. No detention order shall be invalid or inoperative merely by
reason--
(a) that the person to be detained thereunder is outside the
limits of the territorial jurisdiction of the Government or the
officer making the order of detention; or
(b) that the place of detention of such person is outside
the said limits.
8.
Powers in relation to absconding persons.
8. Powers in relation to absconding persons. (1) If the
appropriate Government has reason to believe that a person in respect
of whom a detention order has been made has absconded or is concealing
himself so that the order cannot be executed, that Government may--
(a) make a report in writing of the fact to a Metropolitan
Magistrate or a Magistrate of the first class having jurisdiction
in the place where the said person ordinarily resides; and
thereupon the provisions of sections 82, 83, 84 and 85 of the
Code of Criminal Procedure, 1973 (2 of 1974.) shall apply in
respect of the said person and his property as if the order
directing that he be detained were a warrant issued by the
Magistrate;
(b) by order notified in the Official Gazette direct the
said person to appear before such officer, at such place and
within such period as may be specified in the order; and if the
said person fails to comply with such direction, he shall, he
proves that it was not possible for him to comply therewith and
that he had, within the period specified in the order, informed
the officer mentioned in the order of the reason which rendered
compliance therewith impossible and of his whereabouts, be
punishable with imprisonment for a term which may extend to one
year, or with fine, or with both.
(2) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973, (2 of 1974.) every offence under clause (b) of sub-
section (1) shall be cognizable.
9.
Advisory Boards.
9. Advisory Boards. For the purposes of sub-clause (a) of clause
(4) and sub-clause (c) of clause (7) of article 22 of the
Constitution,--
(a) the Central Government and each State Government shall,
whenever necessary, constitute one or more Advisory Boards each
of which shall consist of a Chairman and two other persons
possessing the qualifications specified in sub-clause (a) of
clause (4) of article 22 of the Constitution;
(b) save as otherwise provided in section 10, the
appropriate Government shall, within five weeks from the date of
detention of a person under a detention order, make a reference
in respect thereof to the Advisory Board constituted under clause
(a) to enable the Advisory Board to make the report under sub-
clause (a) of clause (4) of article 22 of the Constitution;
(c) the Advisory Board to which a reference is made under
clause (b) shall after considering the reference and the
materials
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placed before it and after calling for such further information
as it may deem necessary from the appropriate Government or from
any person called for the purpose through the appropriate
Government or from the person concerned, and if, in any
particular case, it considers it essential so to do or if the
person concerned desires to be heard in person, after hearing him
in person, prepare its report specifying in a separate paragraph
thereof its opinion as to whether or not there is sufficient
cause for the detention of the person concerned and submit the
same within eleven weeks from the date of detention of the person
concerned;
(d) When there is a difference of opinion among the members
forming the Advisory Board, the opinion of the majority of such
members shall be deemed to be the opinion of the Board;
(e) a person against whom an order of detention has been
made under this Act shall not be entitled to appear by any legal
practitioner in any matter connected with the reference to the
Advisory Board and the proceedings of the Advisory Board and its
report, excepting that part of the report in which the opinion of
the Advisory Board is specified, shall be confidential;
(f) in every case where the Advisory Board has reported that
there is in its opinion sufficient cause for the detention of a
person, the appropriate Government may confirm the detention
order and continue the detention of the person concerned for such
period as it thinks fit and in every case where the Advisory
Board has reported that there is in its opinion no sufficient
cause for the detention of the person concerned, the appropriate
Government shall revoke the detention order and cause the person
to be released forthwith.
10.
Cases in which and circumstances under which persons may be detainedfor
periods longer than three months without obtaining the opinion ofAdvisory
Board.
10. Cases in which and circumstances under which persons may be
detained for periods longer than three months without obtaining the
opinion of Advisory Board. (1) Notwithstanding anything contained in
this Act, any person (including a foreigner) in respect of whom an
order of detention is made under this Act at any time before the 31st
day of July, 1996, may be detained without obtaining, in accordance
with the provisions of sub-clause (a) of clause (4) of article 22 of
the Constitution, the opinion of an Advisory Board for a period longer
than three months but not exceeding six months from the date of his
detention, where the order of detention has been made against such
person with a view to preventing him from engaging in illicit traffic
in narcotic drugs and psychotropic substances, and the Central
Government or any officer of the Central Government, not below the
rank of an Additional Secretary to that Government, specially
empowered for the purposes of this section by that Government, is
satisfied that such person engages or is likely to engage in illicit
traffic in narcotic drugs and psychotropic substances into, out of,
through or within any area highly vulnerable to such illicit traffic
and makes a declaration to that effect within five weeks of the
detention of such person.
Explanation 1.--In this sub-section, "area highly vulnerable to
such illicit traffic" means--
(i) the India customs waters;
(ii) the customs airports;
1 Subs. by Act 26 of 1990, s.2 (w.e.f. 30.7.1990)
2 Subs. by Act 53 of 1993, s. 2 (w.e.f. 30-6-199.)
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(iii) the metropolitan cities of Bombay, Calcutta, Delhi,
Madras and the city of Varanasi;
(iv) the inland area one hundred kilometres in width from
the coast of India falling within the territories of the States
of Andhra Pradesh, Goa, Gujarat, Karnataka, Kerala, Maharashtra,
Orissa, Tamil Nadu and West Bengal and the Union territories of
Daman and Diu and Pondicherry;
(v) the inland area one hundred kilometres in width from--
(a) the India-Pakistan border in the States of Gujarat,
Punjab and Rajasthan;
(b) the India-Nepal border in the States of Bihar,
Sikkim, Uttar Pradesh and West Bengal;
(c) the India-Burma border in the States of Arunachal
Pradesh, Manipur, Mizoram and Nagaland;
(d) the India-Bangladesh border in the States of Assam,
Meghalaya, Tripura and West Bengal;
(e) the India-Bhutan border in the States of Arunanchal
Pradesh, Assam, Sikkim and West Bengal;
(vi) such other area or customs station, as the Central
Government may, having regard to the vulnerability or such area
or customs station, as the case may be, to illicit traffic, by
notification in the Official Gazette, specify in this behalf.
Explanation 2.--For the purposes of Explanation 1, "customs
station" has the same meaning as in clause (13) of section 2 of the
Customs Act, 1962. (52 of 1962.)
(2) In the case of any person detained under a detention order to
which the provisions of sub-section (1) apply, section 9 shall have
effect subject to the following modifications, namely:--
(i) in clause (b), for clause (b), for the words "shall,
within five weeks", the words "shall, within four months and two
weeks" shall be substituted;
(ii) in clause (c),--
(a) for the words "the detention of the person
concerned", the words "the continued detention of the person
concerned" shall be substituted;
(b) for the words "eleven weeks", the words "five
months and three weeks" shall be substituted;
(iii) in clause (f), for the words "for the detention", at
both the places where they occur, the words "for the continued
detention" shall be substituted.
11.
Maximum period of detention.
11. Maximum period of detention. The maximum period for which any
person may be detained in pursuance of any detention order to which
the provisions of section 10 do not apply and which has been confirmed
under clause (f) of section 9 shall be one year from the date of
detention, and the maximum period for which any person may be detained
in pursuance of any detention
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order to which the provisions of section 10 apply and which has been
confirmed under clause (f) of section 9, read with sub-section (2) of
section 10, shall be two years from the date of detention:
Provided that nothing contained in this section shall affect the
power of appropriate Government in either case to revoke or modify the
detention order at any earlier time.
12.
Revocation of detention orders.
12. Revocation of detention orders. (1) Without prejudice to the
provisions of section 21 of the General Clauses Act, 1897, a detention
order may, at any time, be revoked or modified--
(a) notwithstanding that the order has been made by an
officer of a State Government, by that State Government or by the
Central Government;
(b) notwithstanding that the order has been made by an
officer of the Central Government or by a State Government, by
the Central Government.
(2) The revocation of a detention order shall not bar the making
of another detention order under section 3 against the same person.
13.
Temporary release of persons detained.
13. Temporary release of persons detained. (1) The Central
Government may, at any time, direct that any person detained in
pursuance of a detention order made by that Government or by an
officer subordinate to that Government or by a State Government or by
an officer subordinate to a State Government, may be released for any
specified period either without conditions or upon such conditions
specified in the direction as that person accepts, and may, at any
time, cancel his release.
(2) A State Government may, at any time, direct that any person
detained in pursuance of a detention order made by that Government or
by an officer subordinate to that Government may be released for any
specified period either without conditions or upon such conditions
specified in the direction as the person accepts, and may, at any
time, cancel his release.
(3) In directing the release of any person under sub-section (1)
or sub-section (2), the Government directing the release may require
him to enter into a bond with sureties for the due observance of the
conditions specified in the direction.
(4) Any person released under sub-section (1) or sub-section (2)
shall surrender himself at the time and place, and to the authority,
specified in the order directing his release, or cancelling his
release, as the case may be.
(5) If any person fails without sufficient cause to surrender
himself in the manner specified in sub-section (4), he shall be
punishable with imprisonment for a term which may extend to two years,
or with fine, or with both.
(6) If any person released under sub-section (1) or sub-section
(2) fails to fulfil any of the conditions imposed upon him under the
said sub-section or in the bond entered into by him, the bond shall be
declared to be forfeited and any person bound thereby shall be liable
to pay the penalty thereof.
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(7) Notwithstanding anything contained in any other law and save
as otherwise provided in this section, no person against whom a
detention order made under this Act is in force shall be released
whether on bail or bail bond or otherwise.
14.
Protection of action taken in good faith.
14. Protection of action taken in good faith. No suit or other
legal proceeding shall lie against the Central Government or a State
Government and no suit, prosecution or other legal proceeding shall
lie against any person for anything in good faith done or intended to
be done in pursuance of this Act.
15.
Amendment of Act 52 of 1974.
15. Amendment of Act 52 of 1974. In section 3 of the Conservation
of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
to sub-section (1), the following proviso shall be added, namely:--
"Provided that no order of detention shall be made on any of
the grounds specified in this sub-section on which an order of
detention may be made under section 3 of the Prevention of
Illicit Traffic in Narcotic Drugs and Psychotropic Substances
Act, 1988 (J. & K. Ordinance 1 of 1988) or under section 3 of the
Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs
and Psychotropic Substances Ordinance, 1988.".
16.
Repeal and saving.
16. Repeal and saving. (1) The Prevention of Illicit Traffic in
Narcotic Drugs and Psychotropic Substances Ordinance, 1988 (Ord. 7 of
1988.), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action
taken under the said Ordinance shall be deemed to have been done or
taken under the corresponding provisions of this Act.
