The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988

(1) This Act may be called the Prevention of IllicitTraffic 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.

In this Act, unless the context otherwise requires,-- (a) "appropriate Government" means, as respects a detention order made by the CentralGovernment or by an officer of the Central Government, or a person detained under such order, theCentral Government, and as respects a detention order made by a State Government or by an officerof 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 CustomsAct, 1962 (52 of 1962) to be a customs airport; (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 intoIndia, export from India or transhipment, of narcotic drugs or psychotropic substances; (iv) dealing in any activities in narcotic drugs or psychotropic substances other than thoseprovided in sub-clauses (i) to (iii); or (v) handling or letting any premises for the carrying on of any of the activities referred to insub-clauses (i) to (iv), other than those permitted under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of1985), 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 theaforementioned 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 CustomsAct, 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 andPsychotropic Substances Act, 1985 (61 of 1985), have the meanings respectively assigned to them inthat Act.

(1) The Central Government or a StateGovernment, or any officer of the Central Government, not below the rank of a Joint Secretary to thatGovernment, specially empowered for the purposes of this section by that Government, or any officer of aState Government, not below the rank of a Secretary to that Government, specially empowered for thepurposes of this section by that Government, may, if satisfied, with respect to any person (including aforeigner) that, with a view to preventing him from engaging in illicit traffic in narcotic drugs andpsychotropic 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 aState Government, the State Government shall, within ten days, forward to the Central Government areport in respect of the order. (3) For the purposes of clause (5) of article 22 of the Constitution, the communication to a persondetained in pursuance of a detention order of the grounds on which the order has been made shall be madeas soon as may be after the detention, but ordinarily not later than five days, and in exceptionalcircumstances and for reasons to be recorded in writing not later than fifteen days, from the date ofdetention.

A detention order may be executed at any place in India in themanner provided for the execution of warrants of arrest under the Code of Criminal Procedure, 1973 (2 of1974).

Every person in respect of whom adetention order has been made shall be liable-- (a) to be detained in such place and under such conditions including conditions as tomaintenance, interviews or communication with others, discipline and punishment for breaches ofdiscipline, 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 thesame 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 aperson from one State to another State except with the consent of the Government of that other State.