Narcotic Drugs and Psychotropic Substances Act 1985 - Offences by companies

38. Offences by companies.

    (1) 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 be deemed to 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 been committed by a company and it is proved that  the offence  has  been  committed  with  the  consent  or connivance 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.

        Explanation.--For the purposes of this section –

         (a) "company" means any body corporate and includes a firm or other association of individuals; and

         (b)  "director", in relation  to a  firm, means a partner in the firm.

39. Power of court to release certain offenders on probation.

     (1)  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 undergoing medical treatment  for de-toxification or de-addiction from a hospital 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 treatment  and,  in  the meantime, to abstain from the commission of any offence under Chapter IV.

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1.   Subs. by Act 2 of 1989, s. 11 (w.e.f. 29-5-1989).

2.   Subs. by s. 12, ibid. (w.e.f. 29-5-1989).

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       (2) If it appears to the court, having regard to the report regarding the  result of  the medical  treatment furnished  under sub-section (1),  that it  is expedient so to do, the court may direct the release of  the offender  after due  admonition on his entering into a bond in the form prescribed by the Central Government, with or without sureties, for  abstaining from  the commission of any offence under Chapter IV during such period not exceeding three years as the court may deem fit to specify or on his failure so to abstain, to appear before the court and  receive sentence  when called  upon during such period.

40. Power of court to publish names, place of business, etc., of certain offenders.

    (1) Where  any person is convicted of any of the offences punishable  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 as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of such person in such newspapers or in such manner as the court may direct.

    (2) No publication under sub-section (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.