2001 - Ministry of Law and Justice

or:2001]Narcofic Drugs altd Psychotropic Subsfa~tces (Antend~~tenf) 3 1Provided that nothing contained in this sub-section shall affect the powerof tlie High Court under section 407 of the Code of Criminal Procedure, 1973to transfer any case or class of cases taken cygni7ance by a Court of Session undersub-section (I).".17. In section 37 of the'principal Act, in sub-section (I), in clause (0). for the words "aterm of imprisonment of five years or more under this Act", tlie words, figures and letter"offences under section 19 or section 24 or section 27A and also for offences involvingcommercial quantity" shall be substituted.18. In section 39 of the principal Act, in sub-section (I), after the words and figures"utider section 27". the words "or for offences relating to small quhtity of any narcoticdtug or psychotropic substance" shall be inserted.Amendment ofsection 37.Amendment ofseclion 39.19. For sections 41 lo 43 of the ~rincipal Act,,the following sections shall besubstituted, namely:-'41. (I) A Metropolitan Magistrate or a Magistrate of the first class or anyMagistrate of the second class specially empowered by the State Government in thisbelialf, tnay issue a warrant for the arrest of any person whom he has reason tobelieve to have committed any offence punishable under this Act, or for the search,wlletlier by day or by night, of any building,'conveyance or place in which he hasreasoli to believe any narcotic drug or psychotropic substance or controlled substancein respect of which an offence punishable under this Act has been committed or anydocument or other article which may furnish evidence of the commission of suchoffence or any illegally acquired property or any document or other article whichmay furnish evidence of holding any illegally acquired property which is liable forseizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed.(2) Any such officer of gazetted rank of the departments of central excise,narcotics, customs, revenue intelligence or any other department of the CentralGovernment including the para-military forces or the armed forces as is empoweredin this behalf by general or special order by the Central ~overnment, or any suchofficer of the revenue, drugs control, excise, police or any other department of aState Goveinmon! as is empowered in this behalf by general or special, order of theState Government if he has reason to believe from personal knowledge or informationgiven by any pcrson and taken in writing that any person has committed an offencepunishable under this Act or that any narcotic drug or psychotropic substance orcontrolled substance in respect of which any offence under this Act has been committedor any document or other article which may furnish evidence of the commission ofsuch offence or any illegally acquired property or any document or other articlewllich may furnish evidence of holding any illegally acquired property which isliable for seizure or freezing or forfeiture under Chapter VA of this Act is kept orconcealed in any building, conveyance or place, may authorise any officer subordinateto him but superior in rank to a peon, sepoy or a constable to arrest such a person orsearch a building, conveyance or place whether by day or by night or himself arrestsuch a person or search a building, conveyance or place.(3) l'hk officer to whom a warrant under sub-section (1) is addressed and theofficer who authorised the arrest or search or the oficer who is so authorised undersub-section (2) shall, have all the powers of an officer acting under section 42.42. (1) Any such oficer (being an officer superior in rank to a peon, sepoy orconstable) of the departmerrts of central excise, narcotics, customs, revenueintelligence or any other department of the Central Government including paramilitaryfarces or armed forces as is empowered in this behalf by general or specialSubstitution ofnew sectionsfox *seclions 4 l lo 43.Power to issuewarrant and authorisation.Power of entry,search, seizureand amt withoutwarrant oraulhorisation.