Narcotic Drugs and Psychotropic Substances Act 1985 - Relevancy of statements under certain circumstances

53A. Relevancy of statements under certain circumstances.

            (1)  A statement made and signed by a person before any officer empowered  under section 53 for the investigation of offences, during the course of any inquiry or proceedings by such officer, shall  be relevant for the purpose of proving, in any prosecution for an offence  under  this Act, the truth of the facts which it contains –

                (a)  when the person who made the statement is dead or cannot      be found, or is incapable of giving evidence or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense  which, under the circumstances of the case, the court considers unreasonable; or

               (b)  when the person who made the statement is examined as a witness in the case before the court and the court is of  the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the  interest of justice.

            (2)   The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceedings under this Act or the rules or orders made thereunder, other than a proceeding before a court, as they apply in relation to a proceeding before a court.

54.  Presumption from possession of illicit articles.

            In trials under this Act, it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under Chapter IV in respect of –

            (a)  any narcotic drug or psychotropic substance;

            (b)  any opium poppy, cannabis plant or coca plant growing on any 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 psychotropic substance has been manufactured, for the possession of which he fails to account satisfactorily.

55.  Police to take charge of articles seized and delivered.

            An officer-in-charge of a police station shall take charge of and keep in safe custody, pending the orders of the  Magistrate, all 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 all samples so taken shall also be sealed with a seal of the officer-in-charge of the police station.

56. Obligation of officers to assist each other.

            All officers of the several departments mentioned in section 42 shall, upon notice given or  request made, be legally  bound to assist each other in carrying out the provisions of this Act.

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1.   Ins. by Act 2 of 1989, s. 14 (w.e.f. 29-5-1989.

2.   Ins. by s. 15, ibid. (w.e.f. 29-5-1989).

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57.  Report of arrest and seizure.

            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 immediate official superior.

58.  Punishment for vexatious entry, search, seizure or arrest.

            (1)   Any person empowered under section 42 or section 43 or section 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.

            (2)  Any person willfully 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.

59.  Failure of officer in duty or his connivance at the contravention of the provisions of this Act.

            (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 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.

            1*[(2)    Any officer on whom any duty has been imposed by or under this Act or any person who has been given the custody of –

                        (a)  any addict; or

                        (b)  any other person who has been charged with an offence under this Act, and who willfully aids in, or connives at, the contravention of any provision of this Act or any rule or order made thereunder, 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.

            Explanation-- For the purposes of this sub-section, the expression "officer" includes any person employed in a hospital or institution maintained or recognised by the Government or a local authority under section 64A for providing de-addiction treatment.]

            (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.  Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.

            (1)  Whenever any offence punishable under Chapter IV has been committed, the narcotic drug, psychotropic substance, the opium poppy, coca plant, cannabis 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, transported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug or psychotropic substance which is packages and  coverings in  which any  narcotic drug  or  psychotropic substance, materials,  apparatus or  utensils liable  to confiscation under sub-section (1) is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation.

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1.   Subs. by Act 2 of 1989, s. 16 (w.e.f. 29-5-1989).

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liable to  confiscation under  sub-section (1)  and  the  receptacles,

             (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 without  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. Confiscation of goods used for concealing illicit drugs or substances.

            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. Confiscation of sale proceeds of illicit drugs or substances.

            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. Procedure in making confiscations.

            (1)  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 who committed the offence in connection therewith is not known or cannot be found, the 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 as may be practicable, apply to the net proceeds of the sale.

            (3)  Any person not convicted who claims any right to property which has been confiscated under this section may appeal to the Court of Session against the order of confiscation.

64. Power to tender immunity from prosecution.

            (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 contravention of any of 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  (45 of  1860) 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 and true disclosure of the whole circumstances relating to such contravention.

            (2)  A tender of immunity made to, and accepted by, the person concerned, 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 willfully 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.