[
  {
    "codeTitle": "Preamble",
    "codeSubtitle": "Preamble of the Narcotics Control Act, 2018",
    "codeDescription": "An Act made to provide for the control of narcotics, reduction of supply and demand, prevention of abuse and smuggling, and treatment and rehabilitation of drug addicts.\n\nWhereas, by repealing the Narcotics Control Act, 1990, it is expedient and necessary to enact a new law containing provisions for updating the existing law regarding the control of narcotics, reduction of supply and demand, prevention of abuse and smuggling, treatment and rehabilitation of drug addicts, and other ancillary matters;\n\nTherefore, the following Act is hereby enacted:-",
    "codeSearchEnglish": "preamble",
    "codeChapter": "Preamble",
    "isNewUpdate": false,
    "amendmentHistory": "The preamble remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 1",
    "codeSubtitle": "Short title and commencement",
    "codeDescription": "(1) This Act shall be called the Narcotics Control Act, 2018.\n\n(2) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.\n\nS.R.O. No. 362-Law/2018, dated: 10 December, 2018, the Act came into effect on 27 December, 2018 corresponding to 13 Poush, 1425 Bangla year.",
    "codeSearchEnglish": "1",
    "codeChapter": "Chapter I: Preliminary",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 2",
    "codeSubtitle": "Definitions",
    "codeDescription": "In this Act, unless the context otherwise requires,-\n\n(1) 'Directorate' means the Department of Narcotics Control established or set up under section 4;\n\n(2) 'Agonist' means any substance which, though not having a chemical structure similar to any narcotic drug mentioned in the schedule, is effective in the same manner as that substance in creating addictive psycho-physical reactions;\n\n(3) 'Analogue' means a substance not included in the schedule, whose chemical structure is similar to the chemical structure of any drug mentioned in the schedule and whose addictive psycho-physical activity is similar;\n\n(4) 'Alkaloid' means any substance obtained through chemical analysis from any substance or narcotic drug mentioned in the schedule, whose addictive psycho-physical reaction is similar to that of the original narcotic drug or narcotic substance;\n\n(5) 'Alcohol' means any organic compound containing a [hydrocarbon-based hydroxyl (OH-] group or any liquid substance mentioned in serial no. 3 of 'B' category narcotics and serial nos. 1 and 2 of 'C' category narcotics in the schedule;\n\n(6) 'Isomer' means any one of two or more homologous substances, which are composed of the same elements in the same proportion, but differ in some qualitative characteristics due to differences in atomic arrangement;\n\n(7) 'Production or processing' means collecting, refining, chemical analysis, making, dissolving or mixing anything with any narcotic drug, converting it into another narcotic drug, or its by-product or compound, or any substance derived or prepared from it (in which said substance exists with its chemical properties and ability to cause psycho-physical reactions), or any alkaloid, salt, isomer, analogue, or agonist thereof, by whatever commercial name or form, or dividing and arranging it in specific quantities and doses;\n\n(7a) 'Competent Court' means any court having jurisdiction to take cognizance of or try an offence, as the case may be, according to the Criminal Procedure Code;\n\n(8) 'Wash' means any solution mixed with alcohol produced by fermenting any substance containing sugar or starch or cellulose with water and other ingredients;\n\n(9) 'A' category narcotics, 'B' category narcotics, and 'C' category narcotics mean respectively the narcotics of 'A', 'B', and 'C' categories mentioned in the schedule;\n\n(10) 'Authorized Officer' means any officer mentioned in section 23;\n\n(11) 'Cultivation' means sowing seeds, planting saplings, grafting, producing seedlings of any plant that may be a source of any narcotic drug, and collecting raw materials, ingredients, and materials for narcotics therefrom;\n\n(12) 'Physician' means a registered Dental Physician and registered Medical Physician as defined respectively in clauses (16) and (18) of section 2 of the Bangladesh Medical and Dental Council Act, 2010 (Act No. 61 of 2010); and a person holding a homeopathic degree recognized by or from a recognized university under the Bangladesh Homeopathic Practitioners Ordinance, 1983 (Ordinance XLI of 1983), and a Registered Veterinary Practitioner as defined in section 2(g) of the Bangladesh Veterinary Practitioner Ordinance, 1982 (XXX of 1982);\n\n(13) 'Schedule' means any schedule attached to this Act;\n\n(14) 'Possession or holding' means consciously having any substance, material, or object on a person's limbs, clothing, ownership, title, control, or authority, or any person storing, warehousing, displaying, possessing, or holding anything;\n\n(15) 'Control Delivery' means a special investigation technique conducted to identify persons involved in committing any narcotics offence, whereby an illegal or suspicious shipment of any narcotic drug, its source material, ingredient, or mixture is allowed to be transported and distributed or transferred to its final destination with the knowledge and supervision of a law enforcement agency (Government) empowered to investigate, through which all offenders involved in all activities from the source to the destination of said narcotic drug can be arrested;\n\n(16) 'Permit' means any permit granted under section 13 of this Act;\n\n(17) 'Pass' means any pass granted under section 13 of this Act;\n\n(18) 'Rehabilitation' means any activity or program through which a drug addict is established in normal family and social life;\n\n(19) 'Precursor Chemicals' means any precursor chemical mentioned in serial no. 8 of part 'A' category narcotics in the schedule and declared from time to time by the Government by notification in the official Gazette, which may be misused as an ingredient or material for producing narcotics;\n\n(20) 'Criminal Procedure Code' means the Code of Criminal Procedure, 1898 (Act V of 1898);\n\n(21) 'Vehicle' means any kind of vehicle including aircraft, motor vehicle, watercraft, and railway carriage;\n\n(22) 'Forfeitable object' means any substance, object, or narcotic drug mentioned in section 26;\n\n(23) 'Rules' means any rules made under section 68;\n\n(24) 'Beer' means any beverage containing at least 0.5% (zero point five percent) alcohol prepared in a brewery by brewing with malt and hops;\n\n(25) 'Brewery' means an establishment, equipment, factory, or center for preparing beer or any liquid substance having the properties of beer;\n\n(26) 'Person' shall include any company, institution, statutory authority, or similar association or society;\n\n(27) 'Prescription' means a written list of medicines, or usage rules, or guidelines provided by a physician recognized by BMDC for the purpose of curing diseases;\n\n(28) 'Director General' means the Director General of the Directorate;\n\n(29) 'Narcotic drug' means-\n(a) any substance mentioned in the First Schedule; or\n(b) any substance containing, mixed with, or dissolved with any other substance together with the narcotic drug;\n\n(30) 'Narcotics offence' means any offence punishable under this Act;\n\n(31) 'Drug addict' means any person physically or mentally dependent on any narcotic drug or any person who uses or consumes narcotics habitually;\n\n(32) 'Drug addiction treatment center' means any drug addiction treatment center established or declared in the government sector or approved in the private sector under this Act;\n\n(34) 'License' means any license granted under section 13; and\n\n(35) 'Asset' means any movable or immovable object, copyright, goodwill, authority, power, right, partnership, or any similar matter that has exchange value.",
    "codeSearchEnglish": "2",
    "codeChapter": "Chapter I: Preliminary",
    "isNewUpdate": true,
    "amendmentHistory": "By section 2 of the 2020 amendment act, clause (7a) was inserted, clause (26) was substituted, clause (33) was omitted, and clauses (34) and (35) were amended."
  },
  {
    "codeTitle": "Section 3",
    "codeSubtitle": "Supremacy of the Act",
    "codeDescription": "Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall prevail.",
    "codeSearchEnglish": "3",
    "codeChapter": "Chapter I: Preliminary",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 4",
    "codeSubtitle": "Department of Narcotics Control",
    "codeDescription": "The Department of Narcotics Control established under section 8 of the Narcotics Control Act, 1990, shall remain in force and effective as if it were established under this Act.",
    "codeSearchEnglish": "4",
    "codeChapter": "Chapter II: Establishment of Directorate, etc.",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 5",
    "codeSubtitle": "Head office of the Directorate",
    "codeDescription": "(1) The head office of the Directorate shall be in Dhaka.\n\n(2) The Government may, if necessary, establish subordinate or branch offices of the Directorate anywhere in the country.",
    "codeSearchEnglish": "5",
    "codeChapter": "Chapter II: Establishment of Directorate, etc.",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 6",
    "codeSubtitle": "Functions of the Directorate",
    "codeDescription": "The functions of the Directorate shall be as follows, namely:-\n\n(a) taking necessary measures to prevent possible harmful reactions caused by narcotics;\n\n(b) conducting any type of research or survey to collect all information regarding narcotics;\n\n(c) taking measures regarding production, supply, use, and control of narcotics;\n\n(d) taking necessary measures regarding the treatment and rehabilitation of drug addicts;\n\n(e) taking necessary educational and promotional activities to raise public awareness about the ill effects of narcotics;\n\n(f) establishing communication with all concerned ministries and agencies regarding narcotics-related matters and coordinating all related activities;\n\n(g) taking any necessary measure for performing the above duties and responsibilities; and\n\n(h) performing any other duty assigned to it by the Government from time to time.",
    "codeSearchEnglish": "6",
    "codeChapter": "Chapter II: Establishment of Directorate, etc.",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 7",
    "codeSubtitle": "Director General",
    "codeDescription": "(1) The Directorate shall have a Director General who shall be the chief executive of the Directorate.\n\n(2) The Director General shall be appointed by the Government and his terms and conditions of service shall be determined by the Government.",
    "codeSearchEnglish": "7",
    "codeChapter": "Chapter II: Establishment of Directorate, etc.",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 8",
    "codeSubtitle": "Appointment of employees",
    "codeDescription": "The appointment, placement, promotion, and other terms and conditions of service of the required number of employees shall be determined by the Government by rules, according to the organizational structure approved by it, for the proper performance of the functions of the Directorate.",
    "codeSearchEnglish": "8",
    "codeChapter": "Chapter II: Establishment of Directorate, etc.",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 9",
    "codeSubtitle": "Prohibition on production, etc. of narcotics other than alcohol",
    "codeDescription": "(1) No person shall, in respect of any narcotic drug other than alcohol or any substance or plant used in the production or processing of narcotics, do the following:-\n\n(a) cultivation, production or processing, carrying, transporting or transferring; and import or export;\n\n(b) supply, marketing, purchase, sale, transfer, assignment, acceptance, sending, transaction, auction, possession, holding, control, or custody, storage, warehousing, and display;\n\n(c) consumption, application, or use; and\n\n(d) any attempt or initiative, investment, establishment or operation of any institution, or patronizing thereof, or making false declarations for any purpose mentioned in clauses (a) to (c).\n\n(2) No person shall, in respect of any precursor chemical that is or may be used as an ingredient or material for any narcotic drug, do the following:-\n\n(a) production or processing; carrying, transporting or transferring; and import or export;\n\n(b) supply, marketing, purchase, sale, transfer, assignment, acceptance, sending, transaction, auction, possession, holding, control or custody, storage, warehousing, and display;\n\n(c) consumption, application, or use; and\n\n(d) any attempt or initiative, investment, establishment or operation of any institution, or patronizing thereof, or making false declarations for any purpose mentioned in clauses (a) to (c).\n\n(3) Notwithstanding anything contained in sub-sections (1) and (2), if any narcotic drug, substance, plant, or precursor chemical is required for any approved medicine preparation, industrial use, treatment, scientific research, or any lawful activity approved by the Director General under any law, it may be done under this Act by-\n\n(a) license for cultivation, production, processing, carrying, transport, transfer, import, export, supply, marketing, purchase, sale, possession, holding, control or custody, storage, warehousing, display, or use;\n\n(b) permit for consumption, application, or use; and\n\n(c) pass for carrying or transporting:\n\nProvided that, for the purpose of enforcing any provision of this Act, nothing in this section shall apply to any member of an authorized law enforcement agency carrying, transporting, possessing, holding, controlling, storing, warehousing, displaying, transferring, assigning, accepting, sending, auctioning, controlled disposal, etc., of any substance mentioned in the schedule, while on duty, on the basis of reasonable, proper, and valid documents or documentary evidence, in the manner prescribed by rules.\n\n(4) The container and label of narcotics produced, processed, and imported under sub-section (3) shall have a clear warning printed or stamped about the dangers of its abuse.\n\n(5) Nothing in this section shall apply to the storage, carrying, transport, application, and use of narcotics usable as medicine in quantities determined by the Government, by notification in the official Gazette, in a first aid box kept under the control of a physician on any watercraft, aircraft, or land vehicle engaged in passenger transport, if any, for emergency medical needs.",
    "codeSearchEnglish": "9",
    "codeChapter": "Chapter III: Prohibition and Control of Narcotics (License, Permit or Pass)",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 10",
    "codeSubtitle": "Prohibitions regarding production of alcohol, etc.",
    "codeDescription": "(1) No person shall, without a license, permit, or pass, do any of the following acts, namely:-\n\n(a) establish any distillery or brewery;\n\n(b) produce or process any alcohol;\n\n(c) carry, transport, import, or export any alcohol;\n\n(d) supply, market, purchase, or sell any alcohol;\n\n(e) possess, hold, control, store, warehouse, or display any alcohol;\n\n(f) consume, apply, or use any alcohol;\n\n(g) use any alcohol as an ingredient for preparing medicines; and\n\n(h) any attempt or initiative, investment, establishment, operation, or patronizing of any institution, or making false declarations (Misdeclaration) for any purpose mentioned in clauses (a) to (g).\n\nExplanation: For the purposes of this sub-section, 'Distillery' shall mean any establishment or factory for the production of alcohol.\n\n(2) Notwithstanding anything contained in sub-section (1), for the purpose of enforcing any provision of this Act, nothing in this section shall apply to any member of an authorized law enforcement agency carrying, transporting, possessing, holding, controlling, storing, warehousing, displaying, transferring, assigning, accepting, sending, auctioning, etc., of alcohol, while on official duty, on the basis of reasonable, proper, and valid documents or documentary evidence.",
    "codeSearchEnglish": "10",
    "codeChapter": "Chapter III: Prohibition and Control of Narcotics (License, Permit or Pass)",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 11",
    "codeSubtitle": "Prohibitions regarding drinking alcohol, etc.",
    "codeDescription": "(1) No person shall drink alcohol without a permit, and no permit shall be granted to any Muslim to drink alcohol without a written prescription from the Civil Surgeon or at least an Associate Professor of a government medical college for medical purposes.\n\n(2) Nothing in sub-section (1) shall apply to the drinking of toddy and pachwai by shoemakers, scavengers, doms, tea workers, and small ethnic groups, and to the drinking of traditionally customary or prepared liquor by small ethnic groups of the hill districts of Rangamati, Bandarban, and Khagrachari and other regions.\n\n(3) Notwithstanding anything contained in sub-section (1)-\n\n(a) foreign nationals and permit-holding domestic citizens may drink alcohol sitting in licensed bars; and\n\n(b) nothing shall apply to foreign nationals holding diplomatic passports, pass-book holders issued by customs authorities, or persons recognized by the prevailing baggage rules, regarding the import, export, purchase, carrying, storage, or drinking of alcohol.\n\n(4) All duty-free operations related to alcohol shall be performed under a license granted under this Act.",
    "codeSearchEnglish": "11",
    "codeChapter": "Chapter III: Prohibition and Control of Narcotics (License, Permit or Pass)",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 12",
    "codeSubtitle": "Prohibitions regarding prescription of narcotics",
    "codeDescription": "(1) No person other than a physician shall prescribe any narcotic drug as a medicine.\n\n(2) Narcotics shall not be purchased more than once on the basis of a prescription given under sub-section (1).",
    "codeSearchEnglish": "12",
    "codeChapter": "Chapter III: Prohibition and Control of Narcotics (License, Permit or Pass)",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 13",
    "codeSubtitle": "License, etc.",
    "codeDescription": "(1) Licenses, permits, and passes shall be granted by the Director General or an officer authorized in this behalf by him, in the manner, form, and subject to conditions and fees prescribed by rules.\n\n(2) The validity of a license, permit, or pass shall remain until the time determined by the conditions mentioned therein or until the end of the relevant financial year from the date of its issue:\n\nProvided that if a license or permit is not renewed for 3 (three) consecutive years, it shall not be eligible for renewal again.",
    "codeSearchEnglish": "13",
    "codeChapter": "Chapter III: Prohibition and Control of Narcotics (License, Permit or Pass)",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 14",
    "codeSubtitle": "Restrictions on granting license, etc.",
    "codeDescription": "Notwithstanding anything contained in this Act, a person shall not be eligible to obtain a license or permit if-\n\n(a) he is convicted of an offence involving moral turpitude and sentenced to imprisonment for at least 3 (three) months and 5 (five) years have not elapsed since his release, or is fined more than Tk. 500 (five hundred) and 5 (five) years have not elapsed since the realization of the fine;\n\n(b) he is convicted of any offence; and\n\n(c) he violates any condition of a license or permit and consequently his said license or permit is cancelled.",
    "codeSearchEnglish": "14",
    "codeChapter": "Chapter III: Prohibition and Control of Narcotics (License, Permit or Pass)",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 15",
    "codeSubtitle": "Measures for violation of license conditions, etc.",
    "codeDescription": "(1) If any person violates any condition of a license, permit, or pass, the officer granting the license, permit, or pass may-\n\n(a) in case of first violation, settle the complaint by taking a pledge or bond from the accused person not to violate such conditions in the future, and collecting a fine not exceeding Tk. 1 (one) lakh;\n\n(b) in case of second violation, cancel the license, permit, or pass.\n\n(2) If any forfeitable object is seized from the possession of any person for an allegation of violation of a condition of a license, permit, or pass, and if the said allegation against the said person is settled according to the provisions of sub-section (1)(a), and if the said person is legally entitled to keep the said narcotic drug or object, then the seizing officer may, with the approval of his controlling officer, determine its prevailing market price in the manner prescribed by rules, and collect an equivalent amount of money and transfer the said narcotic drug or object in favor of the said person without forfeiting it, and the collected money shall be deposited in the government treasury.",
    "codeSearchEnglish": "15",
    "codeChapter": "Chapter III: Prohibition and Control of Narcotics (License, Permit or Pass)",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 16",
    "codeSubtitle": "Cancellation of license, etc.",
    "codeDescription": "(1) Notwithstanding anything contained in this Act, if any person violates any condition of a license, permit, or pass, or if any licensee, permit-holder, or pass-holder is convicted of any narcotics offence, the officer granting the license, permit, or pass may, after giving him an opportunity to show cause, cancel his license, permit, or pass.\n\n(2) If any person is aggrieved by any order given under sub-section (1), he may, within 30 (thirty) days from the date of receipt of the order-\n\n(a) if the order is given by an officer subordinate to the Director General, appeal to the Director General; and\n\n(b) if the order is given by the Director General, appeal to the Government.\n\n(3) The decision of the appellate authority mentioned in sub-section (2) shall be final, and no case shall be filed in any court against it.",
    "codeSearchEnglish": "16",
    "codeChapter": "Chapter III: Prohibition and Control of Narcotics (License, Permit or Pass)",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 17",
    "codeSubtitle": "Temporary suspension of license, etc.",
    "codeDescription": "(1) If it appears to any officer granting a license, permit, or pass that the conditions of any license, permit, or pass granted by him are not being properly complied with, the said officer may, by written order, suspend the license, permit, or pass for a period not exceeding 60 (sixty) days, pending other measures under this Act.\n\n(2) If any person is aggrieved by any order given under sub-section (1), he may, within 30 (thirty) days from the date of receipt of the order-\n\n(a) if the order is given by an officer subordinate to the Director General, appeal to the Director General; and\n\n(b) if the order is given by the Director General, appeal to the Government.\n\n(3) The decision of the appellate authority mentioned in sub-section (2) shall be final, and no case shall be filed in any court against it.",
    "codeSearchEnglish": "17",
    "codeChapter": "Chapter III: Prohibition and Control of Narcotics (License, Permit or Pass)",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 18",
    "codeSubtitle": "Restrictions on granting certain licenses",
    "codeDescription": "(1) If any person is convicted under any section other than section 39, no license for any firearm or vehicle driving license shall be granted to him, and if he has any such license, it shall stand cancelled.\n\n(2) If a person's license is cancelled under sub-section (1), he or, as the case may be, his guardian or custodian shall surrender the license to the licensing officer or the nearest police station within 15 (fifteen) days from the date of cancellation, and if the license is for a firearm, the firearm shall also be surrendered along with it.",
    "codeSearchEnglish": "18",
    "codeChapter": "Chapter III: Prohibition and Control of Narcotics (License, Permit or Pass)",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 19",
    "codeSubtitle": "Power to temporarily close a drug shop or bar",
    "codeDescription": "(1) No licensed liquor shop or bar shall be closed without the approval of the Director General:\n\nProvided that if the District Magistrate or Police Commissioner is satisfied that it is necessary to temporarily close any drug shop or bar in any area under his jurisdiction to maintain law and order, he may, by written order, close the said shop or bar for a period not exceeding 30 (thirty) days.\n\n(2) In special emergency situations, this period may be extended for a further 30 (thirty) days with the prior approval of the Director General.\n\n(3) A copy of any order issued under sub-sections (1) and (2) shall be sent immediately to the Director General for his information.",
    "codeSearchEnglish": "19",
    "codeChapter": "Chapter III: Prohibition and Control of Narcotics (License, Permit or Pass)",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 20",
    "codeSubtitle": "Power of entry, etc.",
    "codeDescription": "The Director General or any officer generally or specially empowered by him in this behalf, subject to the provisions of the rules, may-\n\n(a) enter and inspect any place where any narcotic drug is being or has been prepared or warehoused under a license, at any time;\n\n(b) enter and inspect, during normal business hours, any shop where narcotics prepared or collected under a license are stored for sale;\n\n(c) at the places or shops mentioned in clauses (a) and (b),-\n\n(i) examine the kept accounts books or registers;\n\n(ii) examine, weigh, and measure the narcotics, apparatus, equipment, and utensils found for preparing narcotics;\n\n(iii) seize anything mentioned in sub-clauses (i) and (ii) if found or considered illegal or defective.",
    "codeSearchEnglish": "20",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 21",
    "codeSubtitle": "Power to detain or arrest in public places, etc.",
    "codeDescription": "If any authorized officer has reason to believe that in any public place or any moving vehicle,-\n\n(a) any narcotic drug or forfeitable object contrary to this Act or any document or paper helpful in proving any narcotics offence is kept, then, after recording the reasons for such belief, he may search and seize the said narcotics, object, or documents; and\n\n(b) any person committing or attempting to commit a narcotics offence is present, then, after recording the reasons for such belief, he may detain him and, after searching, if documents are found, arrest him.",
    "codeSearchEnglish": "21",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 22",
    "codeSubtitle": "Procedure for search, etc.",
    "codeDescription": "Unless otherwise provided in this Act, the provisions of the Criminal Procedure Code shall be followed in respect of all warrants, searches, arrests, attachments, forfeitures, and seizures issued for the purposes of this Act.",
    "codeSearchEnglish": "22",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 23",
    "codeSubtitle": "Power of search without warrant, etc.",
    "codeDescription": "(1) If the Director General or any officer generally or specially empowered by him in this behalf, or any police officer not below the rank of Sub-Inspector, or any officer of or above the rank of Assistant Revenue Officer of Customs, or any officer of or above the equivalent rank, or any Lance Naik of Border Guard Bangladesh or any officer of or above that rank, or any Petty Officer of Coast Guard force or any officer of or above that rank, has reason to believe that any narcotics offence has been, is being, or is likely to be committed at any place, then, after recording the reasons for such belief, he may, at any time, except in licensed premises,-\n\n(a) enter and search the said place, and if resisted entry, take any necessary measure including breaking doors and windows to remove the obstruction;\n\n(b) seize any narcotics or objects used in committing the narcotics offence found during the search at the said place, which are liable to seizure or forfeiture under this Act, and any documents, papers, or things helpful in proving any narcotics offence;\n\n(c) search the body of any person present at the said place; and\n\n(d) arrest any person present at the said place suspected of having committed or committing a narcotics offence.\n\n(2) Notwithstanding anything contained in sub-section (1), if any officer mentioned in the said sub-section has reasonable cause to believe that any object related to a narcotics offence is likely to be destroyed or lost or the offender is likely to abscond if search is not conducted at a place between sunset and sunrise, he may, after recording the reasons for such belief, enter and search the said place during that time.",
    "codeSearchEnglish": "23",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": true,
    "amendmentHistory": "By section 3 of the 2020 amendment act, 'Assistant Revenue Officer of Customs' was substituted for 'Inspector of Customs'."
  },
  {
    "codeTitle": "Section 24",
    "codeSubtitle": "Special test for body search",
    "codeDescription": "(1) If, during any investigation or search under this Act, any officer has sufficient reason to believe that any person has hidden narcotics in any part of his body, then, after recording the reasons for such belief, he may direct that person to submit himself for undergoing any necessary test including X-ray, ultrasonogram, endoscopy, colonoscopy, or blood and stool/urine tests of his body, and if the said person disobeys the order, the officer giving the order may take all measures to compel him to comply with the order.\n\n(2) If, after examination according to the provisions of sub-section (1), the presence of any narcotic drug is detected in any part of a person's body, he shall be arrested, where applicable, for a narcotics offence punishable under serial nos. 6 to 11 or 13 to 20 of the table in section 36.\n\n(3) If, after examination according to the provisions of sub-section (1), any evidence is found of any person having taken, consumed, used, or applied any narcotic drug, and if it violates clause (c) of sub-section (1) or clause (c) of sub-section (2) of section 9, or clause (f) of section 10, then the said person shall be arrested for a narcotics offence punishable under serial nos. 16, 21, 25, 29, or 31 of the table in section 36.\n\n(4) For the purpose of identifying drug addicts, a dope test may be conducted in the manner prescribed by rules. If the dope test is positive, measures shall be taken according to section 36(4).",
    "codeSearchEnglish": "24",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 25",
    "codeSubtitle": "Informing superior officer about detention, etc.",
    "codeDescription": "If any person is arrested or any object is seized under this Act, the arresting or seizing officer shall inform his superior officer in writing through a report, and a copy of the report shall be sent to the Director General.",
    "codeSearchEnglish": "25",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 26",
    "codeSubtitle": "Forfeitable narcotics, objects, etc.",
    "codeDescription": "(1) If any narcotics offence is committed, the narcotics, money seized along with the narcotics, equipment, instruments, tools, containers, vessels, wrappers, vehicles, or any other object in connection with or by which the said offence has been committed, shall be liable to forfeiture.\n\n(2) If any legal narcotics are found along with forfeitable narcotics at the time of commission of a narcotics offence, those narcotics shall also be liable to forfeiture.\n\n(3) If any vehicle of any government or statutory government authority is used to commit any narcotics offence, it shall be liable to seizure, and the officer filing the case may, in the interest of government work, hand over the said vehicle to the custody of the controlling officer concerned, but the matter shall be mentioned in the First Information Report.\n\n(4) Seized narcotics shall be destroyed by order of the Competent Court.",
    "codeSearchEnglish": "26",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": true,
    "amendmentHistory": "By section 4 of the 2020 amendment act, 'Competent Court' was substituted for 'Magistrate's Court or, as the case may be, Tribunal' in sub-section (4)."
  },
  {
    "codeTitle": "Section 27",
    "codeSubtitle": "Procedure for forfeiture",
    "codeDescription": "(1) If, during the trial of a narcotics offence case, any Competent Court comes to the decision that any seized object is liable to forfeiture, then the said Court, whether the said offence is proved or not-\n\n(a) if the object is a narcotic, shall order its forfeiture;\n\n(b) if the object is not a narcotic, may pass the necessary decision regarding its forfeiture; and\n\n(c) may order the forfeiture of the proceeds from the sale of narcotics and the deposit of said money in the government treasury.\n\n(2) If, in any case, any forfeitable object is seized but the offender connected with it is not found, then the Director General or any officer authorized by him in this behalf, who shall be the superior officer of the officer seizing the object, may, by written order, forfeit it:\n\nProvided that before ordering such forfeiture, notice shall be issued in the manner prescribed by rules to give an opportunity to object to the forfeiture, and the person raising the objection shall be given a reasonable opportunity of being heard within the time mentioned in the notice, which shall be at least 15 (fifteen) days from the date of issue of the notice.",
    "codeSearchEnglish": "27",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": true,
    "amendmentHistory": "By section 5 of the 2020 amendment act, 'Competent Court' was substituted for 'Magistrate's Court or Tribunal' and 'the said Court' for 'Magistrate's Court or Tribunal'."
  },
  {
    "codeTitle": "Section 28",
    "codeSubtitle": "Disposal or destruction of forfeited and seized narcotics and goods",
    "codeDescription": "(1) Upon the order of forfeiture of any forfeitable narcotic or substance, if the said narcotic or substance was seized by any officer of the Department of Narcotics Control, it shall be handed over to the Director General or an officer authorized by him in this behalf, and the Director General or the officer authorized by him in this behalf shall arrange for its use, transfer, destruction, or disposal or destruction in any other manner, according to the procedure prescribed by rules.\n\n(2) If the seized narcotic or substance was seized by any other agency empowered under this Act, after the order of forfeiture, it shall be handed over to the said seizing agency, and the seizing agency may, according to the order of the Competent Court, in the presence of the Director General or his representative, transfer or dispose of it in any other manner according to the procedure prescribed by rules.\n\n(3) The other agencies and officers empowered to seize, forfeit, and dispose of any narcotic or substance under this Act shall submit an annual report to the Government regarding the disposal of all narcotics and substances disposed of under this Act.",
    "codeSearchEnglish": "28",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": true,
    "amendmentHistory": "By section 6 of the 2020 amendment act, 'Competent Court' was substituted for 'the said Magistrate's Court or Tribunal' in sub-section (2), and 'other agencies' for 'all authorities' in sub-section (3)."
  },
  {
    "codeTitle": "Section 29",
    "codeSubtitle": "Provisions regarding arrested persons and seized goods",
    "codeDescription": "(1) If any officer other than the Director General or an officer authorized by him or any police officer arrests any person or seizes any object, he shall immediately send the arrested person or the seized object to the officer in charge of the concerned police station or the nearest officer empowered as the officer in charge of a police station.\n\n(2) The officer to whom any person or object is sent under sub-section (1) shall take appropriate legal action regarding the said person or object as soon as possible, and if the seized narcotic or goods are excessive in quantity or very valuable or inconvenient or risky to preserve, then the investigating officer may, with the permission of the Competent Court, after preserving suitable samples and evidence of the said narcotic or goods, transfer, destroy, or otherwise dispose of the remaining narcotics or goods according to the procedure prescribed by rules, and shall immediately inform the said Court of the matter.\n\n(3) Notwithstanding anything contained in this section, if for any reason the immediate disposal of any narcotic or substance seized under this Act is essential or if it is unfit for carrying or transferring, then the seizing officer may, after preserving suitable samples and proper evidence indicating the quantity, transfer, destroy, or otherwise dispose of the remaining narcotic or substance.",
    "codeSearchEnglish": "29",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": true,
    "amendmentHistory": "By section 7 of the 2020 amendment act, 'Competent Court' was substituted for 'Magistrate's Court or Tribunal' and 'the Court' for 'the Magistrate's Court or Tribunal' in sub-section (2)."
  },
  {
    "codeTitle": "Section 30",
    "codeSubtitle": "Power of Director General, etc., to investigate",
    "codeDescription": "(1) The Director General shall have the powers of an officer in charge of a police station regarding the investigation of offences under this Act.\n\n(2) The Government may, by notification in the official Gazette, empower any officer subordinate to the Director General with the powers of an officer in charge of a police station for the investigation of offences under this Act.",
    "codeSearchEnglish": "30",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 31",
    "codeSubtitle": "Time limit for investigation of narcotics offences",
    "codeDescription": "(1) Notwithstanding anything to the contrary in the Criminal Procedure Code, any investigation into a narcotics offence shall be completed-\n\n(a) within the next 30 (thirty) working days from the date of arrest, if the accused person is caught red-handed by the police at the time of committing the narcotics offence or is caught by any other person empowered under this Act and produced before any Competent Court;\n\n(b) within the next 60 (sixty) working days from the date of receipt of primary information regarding the commission of the narcotics offence or, as the case may be, the order for investigation given by the Director General or an officer authorized by him or a Competent Court or any other concerned authority, if the accused person is not caught red-handed at the time of committing the narcotics offence; and\n\n(c) if there are arrested and absconding persons in the same case, the investigation of that case shall be completed according to sub-section (1)(b).\n\n(2) If, for any reasonable reason, the investigation cannot be completed within the time mentioned in sub-section (1), the investigating officer shall record the reasons and complete the investigation of the narcotics offence within an additional 15 (fifteen) working days, and shall inform his controlling officer or, as the case may be, the Director General giving the order for investigation or an officer authorized by him or the Competent Court or any other concerned authority in writing, stating the reasons.\n\n(3) If the investigation cannot be completed within the time limit mentioned in sub-section (2), the concerned investigating officer shall inform his controlling officer or, as the case may be, the Director General giving the order for investigation or an officer authorized by him or the Competent Court or any other concerned authority in writing, within 24 (twenty-four) hours of the expiry of the said time limit, about the failure to complete such investigation.\n\n(4) After being informed about the failure to complete the investigation under sub-section (3), the controlling officer or, as the case may be, the Director General giving the order for investigation or an officer authorized by him or the Competent Court or any other concerned authority may transfer the investigation of the said offence to any other officer, and if the investigation of any narcotics offence is so transferred, the officer in charge of the investigation shall complete the investigation-\n\n(a) within the next 15 (fifteen) working days from the date of receipt of the investigation order, if the accused person is caught red-handed by the police at the time of committing the narcotics offence or is caught by any other person and produced before the police; and\n\n(b) within the next 30 (thirty) working days from the date of receipt of the investigation order, in other cases.\n\n(5) If the investigation cannot be completed within the time limit mentioned in sub-section (4), the concerned investigating officer shall inform his controlling officer or, as the case may be, the Director General giving the order for investigation or an officer authorized by him or the Competent Court or any other concerned authority in writing, within 24 (twenty-four) hours of the expiry of the said time limit, about the failure to complete such investigation.\n\n(6) If, after reviewing the report containing explanations regarding the failure to complete any investigation within the time mentioned in sub-section (2) or (4), the controlling officer or, as the case may be, the Director General giving the order for investigation or an officer authorized by him or the Competent Court or any other concerned authority comes to the decision that the concerned investigating officer is responsible for the failure to complete the investigation within the specified time, then it shall be considered as the person's inefficiency, and this inefficiency shall be recorded in his annual confidential report, and appropriate measures shall be taken against him according to the service rules.",
    "codeSearchEnglish": "31",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": true,
    "amendmentHistory": "By section 8 of the 2020 amendment act, 'Competent Court' and 'Competent Court's' were substituted for 'Magistrate's Court' and 'Magistrate's Court', 'Magistrate' etc. in various sub-sections."
  },
  {
    "codeTitle": "Section 32",
    "codeSubtitle": "Transfer of case investigation",
    "codeDescription": "If, during the investigation of any case filed under this Act by the Department of Narcotics Control and investigated by any officer of the department, the Director General makes a written request, the investigating authority shall transfer the investigation to any officer specified by the Director General, and the officer to whom the investigation is transferred may, if necessary, conduct the investigation from the beginning or from the stage at which the investigation was transferred, and after completing the investigation, take appropriate measures.",
    "codeSearchEnglish": "32",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 33",
    "codeSubtitle": "Audit and freezing of bank accounts, etc.",
    "codeDescription": "(1) If the Director General or the investigating officer has sufficient reason to believe that any person, being involved in any narcotics offence, has been engaged in accumulating illegal money and assets, and it is necessary to examine his bank account or income tax or wealth tax related records for taking action against the said person according to the provisions of this Act, then the investigating officer shall take measures according to the Prevention of Money Laundering Act, 2012.\n\n(2) The investigating officer shall be considered as the investigating officer for controlling the related narcotics offence (illegal drug and intoxicating substance trade) mentioned in clause (sh) of sub-section (2) of section 2 of the Prevention of Money Laundering Act, 2012, and he may take investigation and subsequent actions according to the Prevention of Money Laundering Act, 2012, regarding money or assets acquired through illegal drug trade.\n\n(3) If necessary, the investigating officer may, after recording the reasons for such belief as mentioned in sub-section (1), apply to the Competent Court for permission to examine or audit the said account or records, or to freeze the said bank account, or to scrutinize assets.\n\n(4) The Competent Court, after reviewing the application submitted under sub-section (3) and giving the applicant an opportunity to be heard, shall dispose of the application, and if he considers the requested permission reasonable, he shall grant the permission and send a copy thereof to the concerned bank, tax officer, or concerned authority.\n\n(5) The officer permitted under sub-section (4) shall inform the Competent Court about the progress and results of his examination within the specified time.",
    "codeSearchEnglish": "33",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": true,
    "amendmentHistory": "By section 9 of the 2020 amendment act, 'Competent Court', 'Competent Court', 'Competent Court' were substituted for 'Magistrate's Court or Tribunal', 'Magistrate's Court or Tribunal', 'Magistrate's Court or Tribunal' in sub-sections (3), (4), (5) respectively."
  },
  {
    "codeTitle": "Section 34",
    "codeSubtitle": "Prohibition on transfer of property, etc.",
    "codeDescription": "(1) If, during the investigation of any narcotics offence, the investigating officer has sufficient reason to believe that any person possesses property acquired through the said offence, then, after recording the reasons for such belief, he may apply to the Competent Court for an order prohibiting the sale, mortgage, transfer, or any other kind of transfer of the said property until the investigation is completed.\n\n(2) The Competent Court, after reviewing the application submitted under sub-section (1) and giving a reasonable opportunity of being heard to the applicant and the person against whom the application is made, shall dispose of the application, and if he considers granting the requested order reasonable, he shall grant the requested order:\n\nProvided that if the investigation is not completed within 3 (three) months, the Competent Court may, on the application of the applicant officer, grant the requested order if the said time does not exceed 3 (three) months:\n\nProvided further that, subject to the disposal of the application after hearing both parties, for special reasons, the Competent Court may issue an interim order on the application after hearing only the applicant.\n\n(3) If, during the pendency of any case filed for a narcotics offence, the complainant applies to the effect that if the accused is proved guilty of the narcotics offence, his property will need to be forfeited, and therefore an order is required prohibiting the sale, mortgage, transfer, or any other kind of transaction of his property until the case is disposed of, then the Competent Court may, after giving both parties a reasonable opportunity of being heard, if necessary, pass such order.",
    "codeSearchEnglish": "34",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": true,
    "amendmentHistory": "By section 10 of the 2020 amendment act, 'Competent Court', 'Competent Court' were substituted for 'Magistrate's Court or Tribunal', 'Magistrate's Court or Tribunal' in sub-sections (1), (2), (3)."
  },
  {
    "codeTitle": "Section 35",
    "codeSubtitle": "Covert complaint and controlled delivery",
    "codeDescription": "(1) Subject to sub-section (2) and any agreement or memorandum of understanding signed between Bangladesh and any foreign state, the Government may, for the purpose of collecting evidence in Bangladesh or elsewhere regarding any narcotics offence committed under this Act or any similar law of any foreign state, grant written approval for controlled delivery.\n\n(2) Approval under sub-section (1) shall not be granted unless the Government-\n\n(a) suspects any person, whether his identity is known or unknown, that he was, is, or has taken steps to be engaged in any act which constitutes a narcotics offence under this Act or any similar law of any foreign state; and\n\n(b) is satisfied that the controlled delivery arrangement has been so determined that there is an opportunity for the person's activities to be revealed or any other evidence related to those activities to be obtained.\n\n(3) The Government may grant such approval for a period not exceeding 3 (three) months, from time to time.\n\n(4) Without prejudice to the generality of sub-section (1), any person authorized under the said sub-section, during and for the purpose of controlled delivery and covert operation, may perform the following activities, namely:-\n\n(a) allowing any vehicle to enter or leave Bangladesh;\n\n(b) allowing any vehicle to supply or collect narcotics;\n\n(c) using reasonable force according to the situation for entering and searching any vehicle;\n\n(d) installing tracking devices in any vehicle; and\n\n(e) allowing any person in whose possession or custody narcotics are found to enter or leave Bangladesh.\n\n(5) Notwithstanding anything contained in any other law for the time being in force, any authorized person participating in any covert operation or controlled delivery shall not be liable for any narcotics offence for participating in the said operation or controlled delivery, subject to the conditions of the approval.",
    "codeSearchEnglish": "35",
    "codeChapter": "Chapter IV: Powers for Prevention of Narcotics",
    "isNewUpdate": false,
    "amendmentHistory": "Sub-sections (2) and (3) of this section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 36",
    "codeSubtitle": "Penalty for violation of sections 9 and 10",
    "codeDescription": "(1) If any person violates any provision of sections 9 and 10 regarding any narcotic drug mentioned in column 2 of the table below, he shall be punished with the punishment mentioned in column 3 of the said table, namely:-\n\nTable\n\nSerial - (1)\nName of narcotic drug and description of offence - (2)\nType of punishment - (3)\n\n1. Violation of clause (a) of sub-section (1) of section 9 regarding opium poppy plant mentioned in serial no. 1 of 'A' category of First Schedule.\n(a) If the number of plants is less than 10, imprisonment for not less than 1 (one) year but not more than 5 (five) years and fine;\n(b) If the number of plants is more than 10 and less than 100, imprisonment for not less than 5 (five) years but not more than 10 (ten) years and fine;\n(c) If the number of plants exceeds 100, imprisonment for not less than 10 (ten) years but not more than 15 (fifteen) years and fine.\n\n2. Violation of clause (b) of sub-section (1) of section 9 regarding opium poppy fruit mentioned in serial no. 1 of 'A' category of First Schedule.\n(a) If the number of fruits is less than 100, imprisonment for not less than 1 (one) year but not more than 5 (five) years and fine;\n(b) If the number of fruits is more than 100 and less than 500 (five hundred), imprisonment for not less than 5 (five) years but not more than 10 years and fine;\n(c) If the number of fruits exceeds 500 (five hundred), imprisonment for not less than 10 (ten) years but not more than 15 (fifteen) years and fine.\n\n3. Violation of clause (b) of sub-section (1) of section 9 regarding opium poppy seed mentioned in serial no. 1 of 'A' category of First Schedule.\n(a) If the quantity of germinating seeds is less than 10 grams, imprisonment for not less than 1 year but not more than 5 (five) years and fine;\n(b) If the quantity of germinating seeds is more than 10 grams and less than 50 (fifty) grams, imprisonment for not less than 5 (five) years but not more than 10 years and fine;\n(c) If the quantity of germinating seeds exceeds 50 (fifty) grams, imprisonment for not less than 10 years but not more than 15 (fifteen) years and fine.\n\n4. Violation of clause (a) of sub-section (1) of section 9 regarding coca plant or coca bush mentioned in serial no. 2 of 'A' category of First Schedule.\n(a) If the number of plants is less than 10, imprisonment for not less than 1 year but not more than 5 (five) years and fine;\n(b) If the number of plants is more than 10 and less than 100, imprisonment for not less than 5 (five) years but not more than 10 years and fine;\n(c) If the number of plants exceeds 100, imprisonment for not less than 10 years but not more than 15 (fifteen) years and fine.\n\n5. Violation of clause (b) of sub-section (1) of section 9 regarding coca leaf mentioned in serial no. 2 of 'A' category of First Schedule.\n(a) If the quantity of leaves is less than 100 grams, imprisonment for not less than 1 year but not more than 5 (five) years and fine;\n(b) If the quantity of leaves is more than 100 grams and less than 1000 grams, imprisonment for not less than 5 (five) years but not more than 10 years and fine;\n(c) If the quantity of leaves exceeds 1000 grams, imprisonment for not less than 10 years but not more than 15 (fifteen) years and fine.\n\n6. Violation of clause (b) of sub-section (1) of section 9 regarding the sticky substance exuded from opium poppy fruit or any type of opium, refined, unrefined, or manufactured, or any substance prepared with opium capable of causing addiction, mentioned in serial no. 3 of 'A' category of First Schedule.\n(a) If the quantity of opium or substance is less than 100 grams or milliliters, imprisonment for not less than 1 year but not more than 5 (five) years and fine;\n(b) If the quantity of opium or substance is more than 100 grams or milliliters and less than 1000 grams or milliliters, imprisonment for not less than 5 (five) years but not more than 10 years and fine;\n(c) If the quantity of opium or substance exceeds 1000 grams or milliliters, imprisonment for not less than 10 years but not more than 15 (fifteen) years and fine.\n\n7. Violation of clause (a) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 4 of 'A' category of First Schedule.\n(a) If the quantity of narcotics is less than 5 (five) grams or milliliters, imprisonment for not less than 1 year but not more than 5 (five) years and fine;\n(b) If the quantity of narcotics is more than 5 (five) grams or milliliters and less than 25 (twenty-five) grams or milliliters, imprisonment for not less than 5 (five) years but not more than 10 years and fine;\n(c) If the quantity of narcotics exceeds 25 (twenty-five) grams or milliliters, death sentence or imprisonment for life and fine.\n\n8. Violation of clause (b) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 4 of 'A' category of First Schedule.\n(a) If the quantity of narcotics is less than 5 (five) grams or milliliters, imprisonment for not less than 1 year but not more than 5 (five) years and fine;\n(b) If the quantity of narcotics is more than 5 (five) grams or milliliters and less than 25 (twenty-five) grams or milliliters, imprisonment for not less than 5 (five) years but not more than 10 years and fine;\n(c) If the quantity of narcotics exceeds 25 (twenty-five) grams or milliliters, death sentence or imprisonment for life and fine.\n\n9. Violation of clause (a) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 5 of 'A' category of First Schedule.\n(a) If the quantity of narcotics is less than 100 grams or milliliters, imprisonment for not less than 1 year but not more than 5 years and fine;\n(b) If the quantity of narcotics is more than 100 grams or milliliters and less than 200 grams or milliliters, imprisonment for not less than 5 years but not more than 10 years and fine;\n(c) If the quantity of narcotics exceeds 200 grams or milliliters, death sentence or imprisonment for life and fine.\n\n10. Violation of clause (b) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 5 of 'A' category of First Schedule.\n(a) If the quantity of narcotics is less than 200 grams or milliliters, imprisonment for not less than 1 year but not more than 5 years and fine;\n(b) If the quantity of narcotics is more than 200 grams or milliliters and less than 400 grams or milliliters, imprisonment for not less than 5 years but not more than 10 years and fine;\n(c) If the quantity of narcotics exceeds 400 grams or milliliters, death sentence or imprisonment for life and fine.\n\n11. Violation of clause (a) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 6 of 'A' category of First Schedule.\n(a) If the quantity of narcotics is less than 5 (five) grams or milliliters, imprisonment for not less than 1 year but not more than 5 years and fine;\n(b) If the quantity of narcotics is more than 5 grams or milliliters and less than 25 grams or milliliters, imprisonment for not less than 5 years but not more than 10 years and fine;\n(c) If the quantity of narcotics exceeds 25 grams or milliliters, death sentence or imprisonment for life and fine.\n\n12. Violation of clause (b) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 6 of 'A' category of First Schedule.\n(a) If the quantity of narcotics is less than 10 grams or milliliters, imprisonment for not less than 1 year but not more than 5 years and fine;\n(b) If the quantity of narcotics is more than 10 grams or milliliters and less than 50 grams or milliliters, imprisonment for not less than 5 years but not more than 10 years and fine;\n(c) If the quantity of narcotics exceeds 50 grams or milliliters, death sentence or imprisonment for life and fine.\n\n13. Violation of clause (a) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 7 of 'A' category of First Schedule.\n(a) If the quantity of narcotics is less than 500 grams or milliliters, imprisonment for not less than 1 year but not more than 5 years and fine;\n(b) If the quantity of narcotics exceeds 500 grams and is less than 5 kg or liters, imprisonment for not less than 5 years but not more than 10 years and fine;\n(c) If the quantity of narcotics exceeds 5 kg or liters, imprisonment for not less than 10 years but not more than life imprisonment and fine.\n\n14. Violation of clause (b) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 7 of 'A' category of First Schedule.\n(a) If the quantity of narcotics is less than 500 grams or milliliters, imprisonment for not less than 1 year but not more than 5 years and fine;\n(b) If the quantity of narcotics exceeds 500 grams and is less than 5 kg or liters, imprisonment for not less than 5 years but not more than 10 years and fine;\n(c) If the quantity of narcotics exceeds 5 kg or liters, imprisonment for not less than 10 years but not more than life imprisonment and fine.\n\n15. Violation of clause (a) or (b) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 8 of 'A' category of First Schedule.\n(a) If the quantity of precursor chemicals is less than 10 kg or liters, imprisonment for not less than 1 year but not more than 5 years and fine;\n(b) If the quantity of precursor chemicals is more than 10 kg or liters and less than 50 kg or liters, imprisonment for not less than 5 years but not more than 10 years and fine;\n(c) If the quantity of precursor chemicals exceeds 50 kg or liters, imprisonment for not less than 10 years but not more than life imprisonment and fine.\n\n16. Violation of clause (c) of sub-section (1) or clause (c) of sub-section (2) of section 9 regarding any narcotic drug of 'A' category of First Schedule.\nImprisonment for not less than 3 (three) months but not more than 2 years and fine.\n\n17. Violation of clause (d) of sub-section (1) or clause (d) of sub-section (2) and sub-section (4) of section 9 regarding any narcotic drug of 'A' category of First Schedule.\nImprisonment for not less than 3 (three) months but not more than 2 years and fine.\n\n18. Violation of clause (a) of sub-section (1) of section 9 regarding cannabis or bhang plant mentioned in serial no. 1 of 'B' category of First Schedule.\n(a) If the number of plants is less than 50, imprisonment for not less than 1 year but not more than 5 years and fine;\n(b) If the number of plants is more than 50 and less than 500, imprisonment for not less than 5 years but not more than 7 years and fine;\n(c) If the number of plants exceeds 500, imprisonment for not less than 7 years but not more than 10 years and fine.\n\n19. Violation of clause (b) of sub-section (1) of section 9 regarding any narcotic drug prepared from branches, leaves, flowers, etc. of cannabis or bhang plant mentioned in serial no. 1 of 'B' category of First Schedule.\n(a) If the quantity of narcotics is less than 5 kg or liters, imprisonment for not less than 6 months but not more than 5 years and fine;\n(b) If the quantity of narcotics is more than 5 kg or liters and less than 15 kg, imprisonment for not less than 5 years but not more than 7 years and fine;\n(c) If the quantity of narcotics exceeds 15 kg or liters, imprisonment for not less than 7 years but not more than 10 years and fine.\n\n20. Violation of clause (a) or (b) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 2 of 'B' category of First Schedule.\n(a) If the quantity of narcotics is less than 1 kg or liter, imprisonment for not less than 1 year but not more than 3 years and fine;\n(b) If the quantity of narcotics is more than 1 kg or liter and less than 5 kg, imprisonment for not less than 3 years but not more than 7 years and fine;\n(c) If the quantity of narcotics exceeds 5 kg or liters, imprisonment for not less than 7 years but not more than 10 years and fine.\n\n21. Violation of clause (c) of sub-section (1) or clause (c) of sub-section (2) of section 9 regarding any narcotic drug of 'B' category of First Schedule (excluding the narcotic mentioned in serial no. 3).\nImprisonment for not less than 3 (three) months but not more than 2 years and fine.\n\n22. Violation of clause (d) of sub-section (1) or clause (d) of sub-section (2) of section 9 regarding any narcotic drug of 'B' category of First Schedule (excluding the narcotic mentioned in serial no. 3).\nImprisonment for not less than 1 year but not more than 7 years and fine.\n\n23. Violation of clause (a) or (b) of sub-section (1) of section 10 regarding any narcotic drug mentioned in serial no. 3 of 'B' category of First Schedule.\nImprisonment for not less than 1 year but not more than 10 years and fine.\n\n24. Violation of clause (c), (d), or (e) of sub-section (1) of section 10 regarding any narcotic drug mentioned in serial no. 3 of 'B' category of First Schedule.\n(a) If the quantity of narcotics is less than 10 kg or liters, imprisonment for not less than 6 months but not more than 3 (three) years and fine;\n(b) If the quantity of narcotics is more than 10 kg or liters and less than 100 kg or liters, imprisonment for not less than 3 (three) years but not more than 5 years and fine; and\n(c) If the quantity of narcotics exceeds 100 kg or liters, imprisonment for not less than 5 years but not more than 10 years and fine.\n\n25. Violation of clause (f) of sub-section (1) of section 10 regarding any narcotic drug mentioned in serial no. 3 of 'B' category of First Schedule.\nImprisonment for not less than 6 months but not more than 2 years and fine.\n\n26. Violation of clause (g) of sub-section (1) of section 10 regarding any narcotic drug mentioned in serial no. 3 of 'B' category of First Schedule.\nImprisonment for not less than 1 year but not more than 10 years and fine.\n\n27. Violation of clause (h) of sub-section (1) of section 10 regarding any narcotic drug mentioned in serial no. 3 of 'B' category of First Schedule.\nImprisonment for not less than 1 year but not more than 10 years and fine.\n\n28. Violation of clause (a) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 4 of 'B' category of First Schedule.\nImprisonment for not less than 1 year but not more than 7 years and fine.\n\n29. Violation of clause (b), (c), or (d) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 4 of 'B' category of First Schedule.\n(a) If the quantity of narcotics is less than 1 kg or liter, imprisonment for not less than 1 year but not more than 5 years and fine;\n(b) If the quantity of narcotics is more than 1 kg or liter and less than 5 kg or liters, imprisonment for not less than 5 years but not more than 7 years and fine; and\n(c) If the quantity of narcotics exceeds 5 kg or liters, imprisonment for not less than 7 years but not more than 10 years and fine.\n\n30. Violation of clause (a) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 5 of 'B' category of First Schedule.\nImprisonment for not less than 1 year but not more than 7 years and fine.\n\n31. Violation of clause (b), (c), or (d) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 5 of 'B' category of First Schedule.\n(a) If the quantity of narcotics is less than 3 kg or liters, imprisonment for not less than 1 year but not more than 3 years and fine;\n(b) If the quantity of narcotics is more than 3 kg or liters up to 10 kg or liters, imprisonment for not less than 3 years but not more than 7 years and fine; and\n(c) If the quantity of narcotics exceeds 10 kg or liters, imprisonment for not less than 7 years but not more than 10 years and fine.\n\n32. Violation of clause (b), (c), (d), or (e) of sub-section (1) of section 10 regarding any narcotic drug mentioned in serial nos. 1 and 2 of 'C' category of First Schedule.\n(a) If the quantity of narcotics is less than 50 kg or liters, imprisonment for not more than 1 year and fine;\n(b) If the quantity of narcotics is more than 50 kg or liters and less than 500 kg or liters, imprisonment for not less than 6 months but not more than 2 years and fine; and\n(c) If the quantity of narcotics exceeds 500 kg or liters, imprisonment for not less than 2 years but not more than 5 years and fine.\n\n33. Violation of clause (a) or (b) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 3 of 'C' category of First Schedule.\n(a) If the quantity of narcotics is less than 1 kg or liter, imprisonment for not less than 1 year but not more than 3 years and fine;\n(b) If the quantity of narcotics is more than 1 kg or liter up to 5 kg or liters, imprisonment for not less than 3 years but not more than 5 years and fine; and\n(c) If the quantity of narcotics exceeds 5 kg or liters, imprisonment for not less than 5 years but not more than 7 years and fine.\n\n34. Violation of clause (a) or (b) of sub-section (1) of section 9 regarding any narcotic drug mentioned in serial no. 4 of 'C' category of First Schedule.\n(a) If the quantity of narcotics is less than 1 kg or liter, imprisonment for not less than 1 year but not more than 3 (three) years and fine;\n(b) If the quantity of narcotics is more than 1 kg or liter and less than 5 kg or liters, imprisonment for not less than 3 (three) years but not more than 5 years and fine; and\n(c) If the quantity of narcotics exceeds 5 kg or liters, imprisonment for not less than 5 years but not more than 7 years and fine.\n\n(2) If any person, after being punished for a narcotics offence and serving the sentence, commits any narcotics offence again, then, if the punishment for that offence is not death sentence or imprisonment for life, he shall be punished with double the maximum punishment provided in this Act for that offence.\n\n(3) If any person, after being punished for a narcotics offence for the second time and serving the sentence, commits any narcotics offence again, then, if the punishment for that offence is not death sentence or imprisonment for life, he shall be punished with imprisonment for not less than 20 (twenty) years and fine.\n\n(4) Notwithstanding anything contained in this Act, if in any Competent Court the accused person does not appear as any type of drug offender other than drug consumption, the said Court may, considering the said person as a drug addict, send him for drug addiction treatment at any drug addiction treatment center at his own or family's expense, and if the said drug addict expresses unwillingness to undergo such drug addiction treatment, he shall be punished with imprisonment for not less than 6 (six) months but not more than 5 (five) years and fine.\n\n(5) If any person drinks alcohol or engages in any behavior that disrupts public peace or is annoying while intoxicated in any way, or drives a vehicle while intoxicated, he shall be punished with imprisonment for not more than 1 (one) year and fine.\n\n(6) If the driver of any government vehicle is caught red-handed by an authorized officer while transporting narcotics in the vehicle in the absence of the officer using the vehicle, legal and departmental measures shall be taken against him according to the relevant offence.",
    "codeSearchEnglish": "36",
    "codeChapter": "Chapter V: Offences and Penalties",
    "isNewUpdate": true,
    "amendmentHistory": "Serial nos. 16 and 28 of the table were amended by section 11 of the 2020 amendment act."
  },
  {
    "codeTitle": "Section 37",
    "codeSubtitle": "Penalty for keeping equipment usable for producing narcotics, etc.",
    "codeDescription": "If any such person who is not licensed is found in possession or at any place in his control any equipment, wash, or other materials usable for producing narcotics, he shall be punished with imprisonment for not less than 2 (two) years but not more than 10 (ten) years and fine.",
    "codeSearchEnglish": "37",
    "codeChapter": "Chapter V: Offences and Penalties",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 38",
    "codeSubtitle": "Penalty for allowing use of house or vehicle, etc.",
    "codeDescription": "If any person knowingly allows the use of any house, land, business establishment, vehicle, equipment, or apparatus, or any money or asset owned or possessed by him for the commission of any narcotics offence, he shall be punished with imprisonment for not more than 5 (five) years and fine.",
    "codeSearchEnglish": "38",
    "codeChapter": "Chapter V: Offences and Penalties",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 39",
    "codeSubtitle": "Penalty for illegal or harassing search, etc.",
    "codeDescription": "If any officer empowered to conduct search, seizure, or arrest-\n\n(a) enters and searches any place in the name of search without any reasonable cause for suspicion,\n\n(b) harasses and seizes any property of any person in the name of searching for any forfeitable object, and\n\n(c) harasses or arrests any person through harassing search,\n\nthen he shall be punished with imprisonment for not more than 1 (one) year or fine or both.",
    "codeSearchEnglish": "39",
    "codeChapter": "Chapter V: Offences and Penalties",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 40",
    "codeSubtitle": "Provisions regarding financiers, patrons, abettors, etc.",
    "codeDescription": "If any person invests money, supplies money, provides assistance, or patronizes the commission of any narcotics offence, he shall be punished with the same punishment as prescribed in the relevant section.",
    "codeSearchEnglish": "40",
    "codeChapter": "Chapter V: Offences and Penalties",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 41",
    "codeSubtitle": "Penalty for incitement, etc. to commit narcotics offence",
    "codeDescription": "If any person incites, helps, conspires with anyone, or takes any initiative or attempt for the commission of any narcotics offence, whether the narcotics offence is committed or not, he shall be punished with the same punishment as prescribed for the relevant offence.",
    "codeSearchEnglish": "41",
    "codeChapter": "Chapter V: Offences and Penalties",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 42",
    "codeSubtitle": "Penalty for narcotics offence for which no punishment is provided",
    "codeDescription": "(1) If any person violates any provision of this Act or the rules for which no separate punishment is provided therein, he shall be punished for that offence with imprisonment for not more than 1 (one) year and fine.\n\n(2) If any person, during the performance of his duties, non-cooperates, obstructs, or creates any impediment in any way to any member of a law enforcement agency engaged in the suppression of narcotics offences, it shall be considered as assistance in committing a narcotics offence, and for that, the concerned person shall be punished with imprisonment for not less than 2 (two) years but not more than 10 (ten) years and fine.",
    "codeSearchEnglish": "42",
    "codeChapter": "Chapter V: Offences and Penalties",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 43",
    "codeSubtitle": "Commission of narcotics offence by a company",
    "codeDescription": "If the person committing any violation of any provision of this Act is a company, then the owner, director, manager, secretary, or any other officer or agent of the said company shall be deemed to have violated the provision, unless he is able to prove that the violation occurred without his knowledge or that he tried his best to prevent the violation.\n\nExplanation: In this section-\n\n(a) 'company' shall include any statutory government authority, commercial establishment, and association or organization; and\n\n(b) in the case of a commercial establishment, 'director' shall also include any partner or member of its board of directors.",
    "codeSearchEnglish": "43",
    "codeChapter": "Chapter V: Offences and Penalties",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 44",
    "codeSubtitle": "Trial of offences, etc.",
    "codeDescription": "(1) Narcotics offences under this Act shall be triable by the Competent Court according to the gravity of the offence.\n\n(2) For the purposes of this Act, the concerned Sessions Judge, Metropolitan Sessions Judge, Chief Judicial Magistrate, or Chief Metropolitan Magistrate shall, for his area of jurisdiction, specify one or more Competent Courts, if necessary, only for the trial of narcotics offences.",
    "codeSearchEnglish": "44",
    "codeChapter": "Chapter VI: Trial of Narcotics Offences",
    "isNewUpdate": true,
    "amendmentHistory": "This section was substituted by section 13 of the 2020 amendment act."
  },
  {
    "codeTitle": "Section 46",
    "codeSubtitle": "Cognizability of narcotics offences",
    "codeDescription": "Narcotics offences shall be cognizable offences.",
    "codeSearchEnglish": "46",
    "codeChapter": "Chapter VI: Trial of Narcotics Offences",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 47",
    "codeSubtitle": "Provisions regarding bail",
    "codeDescription": "(1) Subject to other provisions of this Act, an accused person shall not be released on bail if-\n\n(a) the State or, as the case may be, the complainant's side is not given an opportunity to be heard on the application for his release; and\n\n(b) the Competent Court is satisfied that there are reasonable grounds for believing that he is guilty of the accusation against him; or\n\n(c) he is not a woman or child or physically disabled and the Competent Court is not satisfied that justice will not be hampered by releasing him on bail.\n\n(2) After the completion of the investigation of any narcotics offence, if the Competent Court or, as the case may be, the Appellate Court is satisfied on the basis of the investigation report or other information obtained therefrom that there are reasonable grounds to believe that any person is not involved in the said offence, then the Competent Court or Appellate Court may, stating the relevant information and reasons, order the release of the said person on bail.",
    "codeSearchEnglish": "47",
    "codeChapter": "Chapter VI: Trial of Narcotics Offences",
    "isNewUpdate": true,
    "amendmentHistory": "By section 15 of the 2020 amendment act, 'Competent Court' was substituted for 'Magistrate's Court or Tribunal'."
  },
  {
    "codeTitle": "Section 48",
    "codeSubtitle": "Special procedure for trial",
    "codeDescription": "If the maximum punishment for a narcotics offence under this Act is not death sentence or imprisonment for life or imprisonment for more than 5 (five) years, the trial of the relevant case shall be disposed of in a summary manner, and in such cases, the provisions of Chapter 22 of the Criminal Procedure Code shall, as far as possible, be followed.",
    "codeSearchEnglish": "48",
    "codeChapter": "Chapter VI: Trial of Narcotics Offences",
    "isNewUpdate": true,
    "amendmentHistory": "This section was substituted by section 16 of the 2020 amendment act."
  },
  {
    "codeTitle": "Section 49",
    "codeSubtitle": "Adjournment of trial",
    "codeDescription": "Once the trial proceedings of a case begin in the Competent Court, it shall continue until concluded; provided that if the said Court is satisfied that adjournment of the trial is absolutely necessary in the interest of justice, the trial may be adjourned for a short period, which shall not exceed three working days.",
    "codeSearchEnglish": "49",
    "codeChapter": "Chapter VI: Trial of Narcotics Offences",
    "isNewUpdate": true,
    "amendmentHistory": "By section 17 of the 2020 amendment act, 'Competent Court' was substituted for 'Tribunal' and 'the said Court' for 'Tribunal'."
  },
  {
    "codeTitle": "Section 50",
    "codeSubtitle": "Trial of other offences connected with the narcotics offence under trial",
    "codeDescription": "Notwithstanding anything contained in any other provision of this Act or any other law, if any other offence is so connected with the narcotics offence in a case under trial in the Competent Court that the trial of that other offence should be held together with the narcotics offence under trial in the interest of justice, then that other offence shall, as far as possible, be tried together with the narcotics offence under trial in the Competent Court.",
    "codeSearchEnglish": "50",
    "codeChapter": "Chapter VI: Trial of Narcotics Offences",
    "isNewUpdate": true,
    "amendmentHistory": "This section was substituted by section 18 of the 2020 amendment act."
  },
  {
    "codeTitle": "Section 51",
    "codeSubtitle": "Time limit for completion of trial",
    "codeDescription": "(1) The trial of a narcotics offence shall be completed by the Competent Court within 90 (ninety) working days from the date of receipt of the case for trial.\n\n(2) If, for any unavoidable reason, any trial cannot be completed within that period, the Competent Court may, after recording the reasons, complete the trial within an additional 30 (thirty) working days and shall inform the Supreme Court in writing, a copy of which shall be sent to the Government.\n\n(3) If, for any reasonable reason, any trial cannot be completed within the extended period mentioned in sub-section (2), the Competent Court may, after recording the reasons thereof, extend the time for completion of the trial by a further 15 (fifteen) working days at the most, and shall inform the Supreme Court in writing about such extension of time, a copy of which shall be sent to the Government.\n\n(4) The trial shall be mandatorily completed within the time extended under sub-section (3).",
    "codeSearchEnglish": "51",
    "codeChapter": "Chapter VI: Trial of Narcotics Offences",
    "isNewUpdate": true,
    "amendmentHistory": "By section 19 of the 2020 amendment act, sub-section (1) was substituted, and 'Competent Court' was substituted for 'Tribunal' in sub-sections (2) and (3)."
  },
  {
    "codeTitle": "Section 52",
    "codeSubtitle": "Trial procedure for accused child",
    "codeDescription": "If a child is accused of committing a narcotics offence, the provisions of the Children Act, 2013 (Act No. 24 of 2013) shall apply in his case.",
    "codeSearchEnglish": "52",
    "codeChapter": "Chapter VI: Trial of Narcotics Offences",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 53",
    "codeSubtitle": "Appeal",
    "codeDescription": "An appeal may be filed against the judgment of the Competent Court within 30 (thirty) working days from the date of delivery of the judgment:\n\nProvided that the time spent in obtaining a certified copy of the judgment shall be deducted from the said time.",
    "codeSearchEnglish": "53",
    "codeChapter": "Chapter VI: Trial of Narcotics Offences",
    "isNewUpdate": true,
    "amendmentHistory": "This section was substituted by section 20 of the 2020 amendment act."
  },
  {
    "codeTitle": "Section 54",
    "codeSubtitle": "Application of Criminal Procedure Code",
    "codeDescription": "Unless otherwise provided in this Act, the provisions of the Criminal Procedure Code shall apply in the case of filing of complaint (FIR), investigation, inquiry, trial, and disposal of appeal regarding narcotics offences for the purposes of this Act.",
    "codeSearchEnglish": "54",
    "codeChapter": "Chapter VI: Trial of Narcotics Offences",
    "isNewUpdate": true,
    "amendmentHistory": "By section 21 of the 2020 amendment act, the word 'appeal' was inserted after 'trial and'."
  },
  {
    "codeTitle": "Section 55",
    "codeSubtitle": "Legal presumption for committing narcotics offence",
    "codeDescription": "If any narcotic drug is found in the possession or under the control of any person, or any equipment, apparatus, or necessary substance or material for preparing narcotics for consumption, application, or use is found, then the said person, unless he proves to the contrary, shall be deemed to have violated this Act.",
    "codeSearchEnglish": "55",
    "codeChapter": "Chapter VI: Trial of Narcotics Offences",
    "isNewUpdate": true,
    "amendmentHistory": "This section was substituted by section 22 of the 2020 amendment act."
  },
  {
    "codeTitle": "Section 56",
    "codeSubtitle": "Evidentiary value of camera-captured pictures, recorded conversations, etc.",
    "codeDescription": "Notwithstanding anything contained in the Evidence Act, 1872 (Act No. I of 1872), if any person or any member of any investigating agency or any other person captures or records any video or still picture of any incident related to the commission of any narcotics offence or harm or preparation for commission or assistance in commission, or records any conversation or discussion on tape or disk, the said video, still picture, tape, or disk shall be admissible as evidence during the trial of the case related to the said offence or harm.",
    "codeSearchEnglish": "56",
    "codeChapter": "Chapter VI: Trial of Narcotics Offences",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 57",
    "codeSubtitle": "Application of Mobile Court Act",
    "codeDescription": "Notwithstanding anything to the contrary contained in this Act, narcotics offences may be tried by conducting mobile courts under the Mobile Court Act, 2009 (Act No. 59 of 2009).",
    "codeSearchEnglish": "57",
    "codeChapter": "Chapter VI: Trial of Narcotics Offences",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 58",
    "codeSubtitle": "Narcotics duty",
    "codeDescription": "(1) The Government may, by notification in the official Gazette, impose a duty called narcotics duty on the narcotics mentioned in the schedule, and may change the said duty from time to time:\n\nProvided that if any produced alcohol or precursor chemical is exported, the said narcotics duty shall not be imposed on it.\n\n(2) The duty imposed under sub-section (1) shall be collected by the Director General or any employee subordinate to him, in the manner prescribed by rules.",
    "codeSearchEnglish": "58",
    "codeChapter": "Chapter VII: Miscellaneous",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 59",
    "codeSubtitle": "Declaration of drug-prone area",
    "codeDescription": "(1) For the purposes of this Act, the Government may, in the public interest, considering the severity of drugs, declare any area of the country as a special drug-prone area for a necessary period.\n\n(2) The Directorate may take necessary steps or measures to prevent narcotics offences in the area declared under sub-section (1).",
    "codeSearchEnglish": "59",
    "codeChapter": "Chapter VII: Miscellaneous",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 60",
    "codeSubtitle": "Claim for compensation, etc., not admissible",
    "codeDescription": "If any licensee, permit-holder, or pass-holder, or any owner of a place or any person or institution concerned therewith where a narcotics offence suppression operation has been conducted, suffers loss due to any order given under this Act, he shall not, notwithstanding anything contained in any other law, claim any compensation for that, nor demand a refund of any fee paid by him.",
    "codeSearchEnglish": "60",
    "codeChapter": "Chapter VII: Miscellaneous",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 61",
    "codeSubtitle": "Preparation of list of drug addicts, establishment of drug addiction treatment centers and drug addict rehabilitation centers, etc.",
    "codeDescription": "(1) The Directorate may prepare a list of drug addicts.\n\n(2) The Government may, by notification in the official Gazette,-\n\n(a) establish one or more drug addiction treatment centers and drug addict rehabilitation centers under the control of the Directorate, appoint required number of personnel for their operation, and their terms and conditions of service shall be determined by the service rules of the Directorate; and\n\n(b) determine or declare any institution in the government sector as a drug addiction treatment center and drug addict rehabilitation center.\n\n(3) The Government may grant permission to establish drug addiction treatment centers and drug addict rehabilitation centers in the private sector, and they shall be operated according to the procedure and standards prescribed by rules.",
    "codeSearchEnglish": "61",
    "codeChapter": "Chapter VII: Miscellaneous",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 62",
    "codeSubtitle": "Establishment of chemical laboratory and its report",
    "codeDescription": "(1) The Government may, by notification in the official Gazette,-\n\n(a) establish one or more laboratories under the control of the Directorate for chemical testing of narcotics or any ingredient of narcotics, appoint required number of personnel including chemical examiners for that purpose, and their terms and conditions of service shall be determined by the service rules of the Directorate; and\n\n(b) determine any institution in the government sector as a chemical laboratory.\n\n(2) If at any stage of the activities conducted under this Act, a need for chemical testing of any substance is felt, it shall be sent to the chemical laboratory established or determined under sub-section (1).\n\n(3) The chemical test report signed by the chemical examiner shall be used as evidence in filing cases, investigation, inquiry, trial, or any other type of proceedings of narcotics offences.\n\nExplanation: For the purposes of this section, 'chemical examiner' means a chemical examiner of any rank appointed or recognized in the government chemical laboratory established or determined by the Government under this Act.",
    "codeSearchEnglish": "62",
    "codeChapter": "Chapter VII: Miscellaneous",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 63",
    "codeSubtitle": "Formation of committees and their responsibilities",
    "codeDescription": "(1) For the purposes of this Act, the Government may, by notification in the official Gazette, form one or more of the following committees, namely:-\n\n(a) National Narcotics Control Advisory Committee;\n\n(b) National Anti-Drug Committee;\n\n(c) District Narcotics Control and Publicity Committee; and\n\n(d) Upazila Narcotics Control and Publicity Committee.\n\n(2) The Government may, in the notification mentioned in sub-section (1) or by rules, determine the responsibilities, meeting schedules, procedures, and other matters of the committees.",
    "codeSearchEnglish": "63",
    "codeChapter": "Chapter VII: Miscellaneous",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 64",
    "codeSubtitle": "Delegation of power",
    "codeDescription": "The Director General may, by written order, delegate any of his powers or duties under this Act to any officer subordinate to him, if necessary.",
    "codeSearchEnglish": "64",
    "codeChapter": "Chapter VII: Miscellaneous",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 65",
    "codeSubtitle": "Amendment of schedule",
    "codeDescription": "The Government may, by notification in the official Gazette, amend any schedule to include or omit the name of any narcotic drug.",
    "codeSearchEnglish": "65",
    "codeChapter": "Chapter VII: Miscellaneous",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 66",
    "codeSubtitle": "Obligation to cooperate mutually",
    "codeDescription": "Any person, if requested, shall be bound to provide all kinds of help and cooperation to the authorized officers in implementing any provision of this Act and in exchanging information.",
    "codeSearchEnglish": "66",
    "codeChapter": "Chapter VII: Miscellaneous",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 67",
    "codeSubtitle": "Power of the Government to remove complexities",
    "codeDescription": "If any complexity or difficulty arises in implementing this Act due to any ambiguity therein, the Government may, by notification in the official Gazette, provide guidance on what to do in that matter, subject to being consistent with the provisions of this Act, by clarifying or explaining the said provision.",
    "codeSearchEnglish": "67",
    "codeChapter": "Chapter VII: Miscellaneous",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 68",
    "codeSubtitle": "Power to make rules",
    "codeDescription": "(1) For the purposes of this Act, the Government may, by notification in the official Gazette, make rules.\n\n(2) Without prejudice to the generality of the power conferred under sub-section (1), the said rules may provide for all or any of the following matters, namely:-\n\n(a) alcohol;\n\n(b) establishment of drug addiction treatment centers, establishment and operation of drug addict rehabilitation centers;\n\n(c) licenses, permits, and fees;\n\n(d) forfeiture;\n\n(e) dope test;\n\n(f) list of drug addicts; and\n\n(g) recruitment of officers and employees:\n\n(3) Until rules are made under this section, the Government may, by general or special order, take necessary measures regarding the conduct and completion of any activity, subject to being consistent with this Act.",
    "codeSearchEnglish": "68",
    "codeChapter": "Chapter VII: Miscellaneous",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 69",
    "codeSubtitle": "Repeal and savings",
    "codeDescription": "(1) Upon the commencement of this Act, the Narcotics Control Act, 1990 (Act No. 20 of 1990), hereinafter referred to as the 'said Act', is hereby repealed.\n\n(2) Upon the repeal of the said Act, the following formed under that Act-\n\n(a) the 'National Narcotics Control Board' shall stand dissolved; and\n\n(b) the 'National Narcotics Control Board Fund' and the related 'National Narcotics Control Board (Fund Maintenance and Expenditure) Rules, 2001' shall stand dissolved, and all money deposited in the dissolved fund shall be transferred to the government treasury.\n\n(3) Notwithstanding the repeal of the said Act, anything done or any measure taken under that Act shall be deemed to have been done or taken under this Act;\n\n(b) any rule made, any notification issued, any order, instruction, approval, recommendation, or action given under that Act, if in force immediately before such repeal, shall remain in force, subject to being consistent with the provisions of this Act, until made, issued, or given under this Act;\n\n(c) any pending criminal proceeding filed under that Act shall be disposed of in such manner as if that Act had not been repealed;\n\n(d) any drug addiction counseling center, drug addiction treatment center, and drug addict rehabilitation center established or approved under that Act shall be deemed to have been established or approved under this Act; and\n\n(e) any chemical laboratory established or approved under that Act shall be deemed to have been established or approved under this Act.\n\n(4) Notwithstanding the repeal of the said Act, the rate of narcotics duty mentioned in the Second Schedule attached thereto shall remain in force until determined under this Act.",
    "codeSearchEnglish": "69",
    "codeChapter": "Chapter VII: Miscellaneous",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  },
  {
    "codeTitle": "Section 70",
    "codeSubtitle": "English translated text of the Act",
    "codeDescription": "(1) After the commencement of this Act, the Government shall, as soon as possible, by notification in the official Gazette, publish an authentic English translation of the original Bengali text of this Act.\n\n(2) In case of conflict between the Bengali text and the English text, the Bengali text shall prevail.",
    "codeSearchEnglish": "70",
    "codeChapter": "Chapter VII: Miscellaneous",
    "isNewUpdate": false,
    "amendmentHistory": "This section remained unchanged by the 2020 amendment act."
  }
]