Various powers under NDPS Act vested in officers at different levels

The Central Government has, in consultation with State Governments vide Notification No. S.O. 3899(E), S.O. 3900(E) empowered officers of and above the rank of

  • inspectors in the Central Board of Indirect Taxes and Customs Central Bureau of Narcotics, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau and
  • Junior Intelligence Officer in Narcotics Control Bureau

to:

  • take charge of and keep in safe custody, pending the orders of the Magistrate, all articles seized under the Narcotic Drugs and Psychotropic Substances Act, 1985.
  • affix his seal to such seized articles or samples taken from such seized articles.
  • take all steps necessary for tracing and identifying illegally acquired property.
  • make any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account of any bank or public financial institution or any other relevant matters.
  • keep in custody every person arrested and article seized under Section 41(2), Section 42, Section 43 or Section 44 of NDPS Act, 1985.
  • file complaints relating to an offences under the NDPS Act, before Special Courts.

Further, vide notification S.O. 3901(E) the officers of and above the rank of

  • sub-inspector in Central Bureau of Narcotic and Junior Intelligence Officer in Narcotics Control Bureau and
  • inspectors in the Central Board of Indirect Taxes and Customs, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau

have been empowered to, between sunrise and sunset

  • enter into and search any such building, conveyance or place;
  • in case of resistance, break open any door and remove any obstacle to such entry;
  • seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under the NDPS Act
  • seize any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under the NDPS Act or furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of the NDPS Act;
  • detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punishable under the NDPS Act

if he has reason to believe from personal knowledge or information given by any person and taken down in writing that any narcotic drug, or psychotropic substance, or controlled substance in respect of which an offence punishable under the NDPS Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of the NDPS Act is kept or concealed in any building, conveyance or enclosed place.

Furthermore if such officer has reason to believe that a search warrant or authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search such building, conveyance or enclosed place at any time between sunset and sunrise after recording the grounds of his belief.

Copy of notification: Notifications

-Adv. Tushar Kaushik

2 thoughts on “Various powers under NDPS Act vested in officers at different levels”

  1. Sir please post the copy of Notification vide Notification No. S.O. 3899(E), S.O. 3900(E) related to Various powers under NDPS Act vested in officers at different levels

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