LexThe SIKKIM ANTI DRUGS ACT,2006
Sikkim · state statute
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SIKKIM
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Gangtok Monday 17th April, 2006 No.105
GOVERNMENT OF SIKKIM
LAW DEPARTMENT
No.31/LD/2006 DATE: 15.04.2006.
NOTIFICATION
The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 25.03.2006 is
hereby published for general information:-
SIKKIM ANTI DRUGS ACT, 2006
(Act No. 2 of 2006)
AN ACT
to control, regulate and prevent the abuse of drugs and controlled substances with abuse
potential being misused by addicts and traffickers, to make stringent provis ions to deal with the ever
increasing phenomenon of abuse of medicinal preparations and for matters connected therewith.
Be it enacted by the State Legislature in the Fifty -seventh Year of Republic of India as
follows:-
CHAPTER I
PRELIMENARY
Short t itle, extent
and commencement
1. (1) This Act may be called the Sikkim Anti Drugs Act, 2006.
(2) It extends to the whole of Sikkim.
(3) It shall come into force on the date of its publication
in the Official Gazette.
*1 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2019)
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Definitions
2. *1 In this Act, unless the context otherwise requires –
(a) “Act” means the Sikkim Anti Drugs Act, 2006;
(b) “addict” means a person who has dependence in any
drug having the abuse potential and consumes such drug but
shall not include a person who has dependence in any drug
having abu se potential and consumes such drug on the valid
prescription of a registered medical practitioner for treatment of
his disease;
(c) “commercial quantity” in relation to controlled
substance, means any quantity as specified in the Schedule to
the Act;
(d) “consumer” means in relation to any person who
manufactures, possesses, sells, purchases, transports, imports
inter-State, exports inter -State or uses controlled substances in
“small quantity” without valid prescription or license;
(e) “controlled substances” means a ny substance declared
by the Government by notification, published in the Official
Gazette;
(f) “conveyance” means a conveyance of any description
whatsoever and includes any animal, aircraft, vehicle (including
two-or-three wheeled), or vessel;
(g) “Government” means the State Government of Sikkim;
(h) “illicit traffic” in relation to controlled substances means
production, possession, sale, purchase, transportation,
warehousing, concealment, use or consumption, import or
export inter -State of controlled substances an d in dealing with
any other activities of controlled substances;
(i) “large quantity” in relation to controlled substances means
any quantity as specified in the Schedule to the Act;
(j) “licensed dealers” means the traders who have the drug
license or the tra de license to stock and sell the controlled
substances or the holders of trade license to sell the
substances mentioned;
(k) “peddler” in relation to any person means who manufactures,
possesses, sells, purchases, transports, imports inter -State,
exports inter -State or uses controlled substance of quantity
more than “small quantity” without valid prescription or
license;
(l) “prescribed” means prescribed by rules under this Act;
(m) “rule” means the rules framed under the Act;
(n) “Schedule” means the Schedule appended to this Act;
(o) “small quantity” in relation to controlled substance, means
any quantity as specified in the Schedule to the Act.
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CHAPTER II
AUTHORITIES AND OFFENCES
Government to take
measures for
preventing and
combating abuse of
and illicit traffic of
controlled
substances, etc.
3. (1) Subject to the provisions of this Act, the Government shall take
all such measures as it deems necessary or expedient for the
purpose of preventing and combating abuse of controlled
substances and the illicit traffic therein.
(2) In particular and without prejudice to the generality of the
provisions of sub -section (1), the measures which the
Government may take under that sub -section include measures
with respect to all or any of the following matters, namely:-
(a) co-ordination of action by various officers, departments
and other authorities-
(i) under this Act, or
(ii) under any other law for the time being in force in
connection with the enforcement of the provisions of this Act;
(b) identification, treatment, education, after care, rehabilitation
and social re-integration of addicts;
(c) such other matters as the Government deems necessary or
expedient for the purpose of securing the effective implem entation
of the provisions of this Act and preventing and combating the
abuse of controlled substances and illicit traffic therein.
(3) The Government may, if it considers necessary or
expedient so to do for the purposes of this Act, by order,
published in th e Official Gazette, constitute an Authority or a
hierarchy of authorities, by such name or names as may be
specified in the order for the purpose of exercising such of the
powers and functions of the Government under this Act and for
taking measures with r equest to such of the matters referred to in
sub- section (2) as may be mentioned in the order, and subject to
the supervision and control of the Government and the provisions
of such order, such authority or authorities may exercise the
powers and take th e measures so mentioned in the order as if
such authority or authorities has been empowered by this Act to
exercise those powers and take such measures.
Officers of the
Government
4. (1) Without prejudice to the provisions of sub-section (3) of *2 Section 3,
the Government shall appoint an officer not below the rank of *3 Deputy
Secretary or equivalent as the *2 Programme Director and may also
appoint such other officers with such designation as it thinks fit for the
purposes of this Act.
(2) The *2 Programme Director shall, either by himself or through
officers subordinate to him, exercise all powers or perform all functions
entrusted to him by the Government.
CHAPTER II A
STATE FUND FOR CONTROL OF DRUG ABUSE
State Fund for
Control of Drug
Abuse
5. (1) The Government may, by notification in the Official Gazette,
constitute a Fund to be called the State Fund for Control of Drug Abuse
(hereafter referred to as the Fund) and there shall be credited thereto –
(a) an amount the Government may, after th e appropriation
made by the State Legislature by law in this behalf,
provide;
(b) the sale proceeds of any drugs seized or property forfeited;
(c) any grants that may be made by any person, institution or
organization;
*2 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2019)
*3 Substituted by Act No 21 of 2008 (w.e.f. 19.09.2008)
*4 Inserted by Act No 21 of 2017 (w.e.f. 19.09.2017)
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(d) any income from investments of the amounts credited to
the Fund under the aforesaid provisions.
(2) (2) The Fund shall be applied by the State Government to meet the
expenditure incurred in connection with the measures taken for –
(a) combating illicit traffic in controlled substances;
(b) controlling the abuse of controlled substances;
(c) identifying, treating, rehabilitating addicts;
(d) preventing drug abuse;
(e) educating public against drug abuse; and
(f) supplying drugs to addicts where such supply is a medical
necessity.
(g) training of personnel.
(3). *4 The fun d shall be maintained in an account in a Nationalized
Bank in the name of “State Fund for Control of Drug Abuse” and the
account shall be operated jointly by the Programme Director and the
Director / Additional Director, Department of Health Care, Human
Services and Family Welfare, Government of Sikkim, under sanction of
the Sikkim Anti Drugs Authority notified under the Act or a representative
authorized by the Authority.
Annual report of
activities financed
under the Fund.
6. The State Government shal l, as soon as may be, after the end of each
financial year, give an account of activities financed under *5 Section 5
during the financial year, together with a statement of accounts.
CHAPTER III
PROHIBITION, CONTROL AND REGULATION
Prohibition of
certain operations
7. No person shall –
(a) sale, stock for sale or trade in any controlled substance; or
(b) transport either inter -State or intra -State any controlled
substance,
Without a valid license under the Drugs and Cosmetics Act, 1940
or Sikkim Trade License Act:
Provided that, and subject to the other provisions of the Act and the
rules made the reunder, the possession of *6 verifiable quantities, as
prescribed in the rules of controlled substances for medicinal purposes
with a valid prescriptio n, or for a legal use of the substance, shall be
permissible:
Provided further that the amount of controlled substance in
possession shall not be beyond the limit prescribed in prescription
slip/card, or in cases of other substances other than drugs, the amount
permissible shall be proportionate to its purported use.
Power of
Government to
permit, control and
regulate
8. Subject to the provisions of Section 7, the Government may, by
rules-
(a) permit and regulate –
(i) the possession of controlled substa nces by the authorized
person;
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(ii) the sale of controlled substances by the licensed dealers;
(iii) the use and consumption of controlled substances in any
chemical form;
(iv) the manufacture of the controlled substances by
the licensed manufacturers;
(v) the transport o f controlled substances by licensed
dealers and authorized persons;
(b) prescribe any other matter requisite to render effective the
control of Government over any of the matters specified in
clause (a).
CHAPTER IV
OFFENCES AND PENALTIES
Punishment for
contravention of
controlled
substances
9. *7 (1) Whoever, in contravention of any provision of this Act or any rule
or order made thereunder, manufactures, possesses, sells, purchases,
transports, imports inter-State, exports inter-State *8, -
(a) where the contravention involves small quantity, with rigorous
imprisonment for a term which shall not be less than two years but may
extend to five years and shall also be liable to pay fine which shall not
be less than twenty thousand rupees but may e xtend to fifty thousand
rupees;
(b) where the contravention involves large quantity, with rigorous
imprisonment for a term which shall not be less than seven years but
may extend to ten years and shall also be liable to pay fine which shall
not be l ess than fifty thousand rupees but may extend to one lakh
rupees;
(c) where the contravention involves commercial quantity, with
rigorous imprisonment which shall not be less than ten years but may
extend to fourteen years and shall also be liable t o pay fine which shall
not be less than one lakh rupees but may extend to two lakh rupees.
*9 (2) Where contravention is by licensed dealers holding drugs
license issued under the Drugs and Cosmetics Act, 1940 and Drugs
and Cosmetics Rules, 1945, such license shall be immediately
suspended for a period of six months or until a decision is made by the
court of law, whichever is earlier. Upon conviction, such license shall
stand cancelled. Further, such person shall also be liable for
imprisonment which shall not be less than three years, and shall also
be liable to pay a fine which shall not be less than rupees one lakh;
*10 (3). Where the offender is an addict as defined under clause (b) of
section 2, or a consumer as defined under clause (d) of section 2, shall
undergo compulsory psychiatric evaluation and/or psychological
assessment followed, if necessary, by detoxification and rehabilitation
for a period as assessed by a psychiatrist or a psychologist:
*5 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017)
*6 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017)
*7 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017)
*8 Omitted by Act No 20 of 2018 (w.e.f. 19.09.2018)
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Provided that if the offende r is a State Government employee or
an employee of an undertaking or an Organization of the State
Government shall be assessed by a psychiatrist and the State Medical
Board who shall recommend and certify the suitability or otherwise of
the person to c ontinue with the job responsibility specific to the post
the person is holding.”
(4) Where the contravention involves a person using a mode of
transport or any other form of conveyance, either inter -State or intra -
State, such person shall be liable to i mprisonment for a term which
shall not be less than ten years but which may extend to fourteen years
and shall also be liable to fine which shall not be less than one lakh
but may extend to ten lakhs rupees and the conveyance as used, shall
be liable to b e seized and confiscated, which may be released on
payment in the following manner:-
(a) Heavy motor vehicle – Rupees two lakhs
(b) Light motor vehicle – Rupees one lakh
(c) Two-or-three wheeled – Rupees fifty thousand
(d) Any other form of conveyance – Rupees twenty -five
thousand
(5) Where the contravention involves the manufacture of controlled
substances without a valid manufacturing licence, such person shall
be liable to imprisonment for a term which shal l not be less than ten
years but which may extend to fourteen years and shall also be liable
to fine which shall not be less than five lakhs but may extend to ten
lakh rupees.
Punishment for
a l l o w i n g
premises, etc., to be
used for
commission of an
offence
10. *11 Whoever, being the owner or occupier or having the control or use
of any house, room, enclosure, space, place, animal or conveyance,
knowingly permits it to be used for the commission by any other person
of an offence punishable u nder any provision of the Act, shall be
punishable with imprisonment for a term not less than five years but
may extend to ten years and fine which shall not be less than fifty
thousand but may extend to one lakh rupees.
Punishment for
financing illici t
traffic and h a r b o u
r i n g offenders
11. *12 Whoever indulges in financing, directly or indirectly, any of the
activities specified in clause (h) of section 2 or harbors any person
engaged in any of the aforementioned activities, shall be punishab le
with rigorous imprisonment for a term which shall not be less than ten
years but which may extend to fourteen years and shall also be liable
to fine which shall not be less than two lakh rupees but which may
extend to five lakh rupees:
Provided that the court may, for reasons to be recorded in the
judgment, impose a fine exceeding five lakh rupees.
*9 Substituted by Act No 20 of 2018 (w.e.f. 24.10.2018)
*10 Substituted by Act No 20 of 2018 (w.e.f. 24.10.2018)
11* Substituted by Act No 21 of 2017 (w.e.f. 19.09.17)
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Punishment for
abetment and
c r i m i n a l
conspiracy
12. Whoever abets, or is a party to a criminal conspiracy to commit an
offence punishable under this chapter, shall, whether such offence
be or be not committed in consequence of such abetment or in
pursuance of such criminal conspiracy and notwithstanding
anything contained in Section 116 of the Indian Penal Code,
punishable with punishment provided for the offence.
E n h a n c e d
punishment for
offences after
p r e v i o u s
conviction
13. If any person who has been convicted of the commission of, or
attempt to commit, or abetment of, or criminal conspiracy to
commit, an offence punishable under this Act with the same
amount of punishment shall be punished for the second and every
subsequent offence with rigorous imprisonment for a term which
may extend to twice the maximum term of punishment, and also be
liable to fine which shall extend to twice the maximum amount of
fine:
Provided that the court may, for reasons to be recorded in the
judgement, impose a fine exceeding the fine for which a person is
liable.
Punishment for
offence for which
no punishment is
provided
14. Whoever contravenes any provisions of this Act or any rule or
order made thereunder for which no punishment is separately
provided in this chapter, shall be punishable with imprisonment for
a term which may extend to six months, or with fine which may
extend to twenty thousand rupees, or with both.
No suspension,
remission or
commutation in any
sentence awarded
under this Act
15. Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 or any other law for the time being in for ce, no
sentence awarded under this Act (other than Section 7 (b) ) shall
be suspended, remitted or commuted.
Presumption of
culpable mental
state
16. (1) In any prosecution for an offence under this Act which requires
a culpable mental state of the accused, the court shall presume the
existence of such mental state but it shall be a defense for the
accused to prove the fact that he had no such mental state with
respect to the act charged as an offence in that prosecution.
Explanation: In this section “cu lpable mental state” includes intention,
motive, knowledge of a fact and belief in, or reason to believe a
fact.
(2) For the purpose of this section, a fact is said to be proved only
when the court believes it to exist beyond a reasonable doubt and
not merely when its existence is established by a preponderance of
probability.
Constitution of
Special Courts
17. (1) The Government may, for the purpose of speedy trial of the
offences under this Act, by notification in the Official Gazette, in
consultation with the High Court of Sikkim, designate a Court of
District and Sessions Judge as the Special Court for the purpose of
trial of the offences under this Act.
(2) A special court shall consist of a single Judge who shall be
appointed by the Government with the concurrence of the Chief
Justice of the High Court.
(3) Save as otherwise provided in this Act, the provisions of the
Code of Criminal Procedure. 1973 (including the provisions as to
bail and bonds) shall apply to the proceedings before a special
court and for the purposes of the said provisions, the special court
shall be deemed to be a Court of Session and the person
conducting a prosecution before a special court, shall be deemed
to be a Public Prosecutor.
*12 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017)
*6 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017)
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No prosecution under this Act shall be inst ituted except by a Gazetted
Officer or an officer not below the rank of Deputy Superintendent of
Police.
Offences to be
cognizable and
non-bailable
18. (1) Notwithstanding anything contained in the Code of Criminal
Procedure, 1973 –
(a) every offence punishable under this Act shall be cognizable;
(b) no person accused of an offence punishable under this Act
shall be released on bail or on his own bond unless –
(i) the Public Prosecutor has been heard and also given an
opportunity to oppose the application for such release, and
(ii) where the Public Prosecutor opposes the application, the court is
satisfied that there are reasonable grounds for believing that he is
not guilty of such offence and that he is not likely to commit any
offence while on bail.
(2) The limitation s on granting of bail specified in clause (b) of sub -
section (1) are in addition to the limitations under the Code of
Criminal Procedure, 1973 or any other law for the time being in
force on granting of bail.
Power of court to
release certain
offenders on
probation
19. *13 (1) When an addict as defined under clause (b) of section 2, or a
consumer as defined under clause (d) of section 2, is found guilty of an
offence punishable under sub -sections (3) of section 9, and if the court
by which such person is found guilty is of the opinion, regard being had
to the age, character, antecedents, or physical or mental condition of
the offender, that it is expedient so to do, notwithstanding anything
contained in this Act or any other law for the time being in fo rce, the
court may, instead of sentencing such person at once to any
imprisonment, with the person’s consent, direct that such person be
released for undergoing medical treatment for detoxification or de -
addiction from a hospital or an institution maintain ed or recognized by
the Government, and to appear and furnish before the court within a
period not exceeding six months, a report regarding the result of his
treatment and, in the meantime, to abstain from the commission of any
offence under Chapter IV.
(2) If it appears to the court, having regard to the report regarding the
result of the treatment furnished under sub -section (1) of section 19,
that it is expedient to do so, the court may direct the release of the
offender after due admonition, and for ab staining from the commission
of any offence under Chapter IV during such period as the court may
deem fit to specify or on such person’s failure so to abstain, to appear
before the court and receive sentence when called upon during such
period.
*13 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017)
*14 Inserted by Act No 21 of 2017 (w.e.f. 19.09.2017)
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CHAPTER V
PROCEDURE
Power to issue
warrant and
authorization
20. (1) A Magistrate of the first class or any Magistrate of the second class
specially empowered by the Government in this behalf, may issue a
warrant for the arrest of any person whom he has reason to believe to
have committed any offence punishable under this Act, as for the search,
whether by day or by night, of any building, conveyance or place in which
he has reason to believe any controlled substance in respect of which an
offence punishable under this Act has been committed or any document
or other article which may furnish evidence of the commission of such
offence.
(2) Any such officer of gazetted rank of the departments of drug control,
excise, police or any other department of the G overnment as he is
empowered in this behalf by general or special order of the Government
*14 and any local authority of the Panchayat or the Municipality if he has
reason to believe from personal knowledge or information given by any
person and taken on w riting that any person has committed an offence
punishable under this Act or any document or other article which may
furnish evidence of the commission of such offence is kept or concealed
in any building, conveyance or place authorize any officer subordin ate to
him but superior in rank to a peon, helper or a constable to arrest such a
person or search a building, conveyance or place.
(3) The officer to whom a warrant under sub-section (1) is addressed and
the officer who authorized the arrest or search or the officer who is so
authorized under sub -section (2) shall have all the powers of an officer
acting under Section 21.
Power of entry,
search, seizure
and arrest without
warrant or
authorization
21. (1) Any such officer (being an officer superior in r ank to a peon, helper or
constable) to the departments of drugs control, excise, police or any
other department of the Government as is empowered in this behalf by
general or special order of the Government, if he has reason to believe
from personal knowle dge or information given by any person and taken
down in writing that any controlled substance in respect of which an
offence punishable under this Act has been committed or any document
or other article which may furnish evidence of the commission of such
offence is kept or concealed in any building, conveyance or enclosed
place, may between sunrise and sunset –
(a) enter into and search any such building, conveyance or place;
(b) in case of resistance, break open any door and remove any
obstacle to such entry;
(c) seize any drug or substance or any other article and any animal
or conveyance which he has reason to believe to be liable for
confiscation under this Act and any document or other article which
he has reason to believe may furnish evidence of the comm ission of
any offence punishable under this Act; and
(d) detain and search, and, if he thinks proper, arrest any person
whom he has reason to believe to have committed any offence
punishable under this Act:
Provided that if such officer has reaso n to believe that a search
warrant or authorization cannot be obtained without affording, any
opportunity for the concealment of evidence or facility for the escape
of an offender, he may enter and search any building, conveyance or
enclosed place at any t ime between sunset and sunrise after
recording the grounds of his belief.
(2) Where an officer takes down any information in writing under sub -
section (1) or records grounds for his belief under the proviso thereto, he
shall within seventy -two hours send a copy thereof to his immediate
official superior.
Power of seizure 22. Any officer of any of the departments mentioned in Section 21 may –
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and arrest in
public place
(a) seize in any public place or in transit, any controlled substance in
respect of which he has reason to believe an offence punishable
under this Act has been committed, and, along with such drug or
substance, any animal or conveyance or article liable to confiscation
under this Act, any document or other article which he has reason to
believe an offence punishable under this Act has been committed,
and, along with such drug or substance, any animal or conveyance
or article liable to confiscation under this Act, any document or other
article which he has re ason to believe may furnish evidence fo the
commission of an offence punishable under this Act;
(b) detain and search any person whom he has, reason to believe to
have committed an offence punishable under this Act, and if such
person has any controlled substance in his possession and such
possession appease to him to be unlawful, arrest him and any other
person in his company.
Explanation: For the purposes of this section, the expression “public
place” includes any public conveyance, hotel, shop, or other place
intended for use by, or accessible to, the public.
Power to stop and
search
conveyance
23. Any officer authorized under Section 21, may, if he has reason to
suspect that any animal or conveyance is, or is about to be, used for
the transport of any controlled substance in respect of whi ch he
suspects that any provision of this Act has been, or is being, or is
about to be, contravened at any time stop such animal or
conveyance and –
(a) rummage and search the conveyance or part thereof;
(b) examine and search any goods on the animal or in the
conveyance;
(c) if it becomes necessary to stop the animal or the conveyance, he
may use all lawful means for stopping it, and where such means fail,
the animal or the conveyance may be fired upon.
Conditions under
which search of
persons shall be
conducted
24. (1) When any officer duly authorized under Section 21 is about to
search any person under the provisions of Section 20, Section 21 or
Section 22, he shall, if possible, take such person to the nearest
gazetted officer of any of the departments ment ioned in Section 21
or to the nearest Magistrate.
(2) When an officer duly authorized under Section 19 has reason
to believe that it is not possible to take the person to be searched to
the nearest gazetted officer or Magistrate without the possibility of
the person to be searched parting with possession of any controlled
substance or article or document, he may, instead of taking such
person to the nearest gazetted officer or Magistrate, proceed to
search the person as provided under Section 100 of the Code o f
Criminal Procedure, 1973.
(3) After a search is conducted under sub -section (2), the officer
shall record the reasons for such belief which necessitated such
search and within seventy -two hours send a copy thereof to his
immediate official superior.
(4) No female shall be searched by anyone except female or
in presence of a female.
Disposal of
persons arrested
and articles seized
25. (1) Any officer arresting a person under Section 20, Section 21, or
Section 22 shall, as soon as may be, inform him of the gro unds for
such arrest.
(2) Every person arrested or article seized under warrant issued under
sub-section (1) of Section 20 shall be forwarded without unnecessary
delay to the Magistrate by whom the warrant was issued.
(3) Every person arrested and article sei zed under sub -section (2) of
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Section 20, Section 21 or Section 22 shall be forwarded without
unnecessary delay to –
(a) the officer-in-charge of the nearest police station;
(b) the officer empowered under Section 27.
(4) The authority or officer to whom any person or article is forwarded
under sub -section (2) or sub -section (3) shall, take such measures as
may be necessary for the disposal according to law of such person or
article.
Disposal of seized
c o n t r o l l e d
substances
26. (1) The Government may, hav ing regard to the nature of any controlled
substances, their vulnerability to theft, substitutions, constraints of proper
storage space or any other relevant considerations, by notification
published in the Official Gazette, shall specify, as soon as may b e after
their seizure, be disposed by such officer and in such manner as the
Government may, from time to time, determine after following the
procedure hereinafter specified.
(2) When any controlled substance have been seized and forwarded to
the officer -in-charge of the nearest police station or to the officer
concerned under Section 27, the officer referred to in sub -section (1)
shall prepare an inventory of such substances containing such details
relating to their description, quality, quantity, mode of pac king, marks,
numbers or such other identifying particulars of the controlled substances
or the packing in which they are packed, the name of the manufacturer
and other particulars as the officer referred to in sub -section (1) may
consider relevant to the i dentity of the controlled substance in any
proceedings under this Act and make an application, to any Magistrate
for the purpose of –
(a) certifying the correctness of the inventory so prepared;
(b) taking, in the presence of such Magistrate, *15 photographs and
videography of such drugs or substances and certifying such
*15 photographs and videography as true;
(c) allowing to draw samples of such drugs and substances by the
Drugs Inspector *16 an Officer In Charge of the respective Police
Station for analysis of the samples in a designated and approved
testing laboratory.
(3) Where an application is made under sub -section (2) the Magistrate
shall, as soon as may be, allow the application.
(4) Notwithstanding anything contained in the Indian Evidence Act,
1872 or the Code o f Criminal Procedure, 1973, every court trying an
offence under this Act, shall treat the inventory, the *15 photographs and
videography of controlled substances, the list of samples drawn or the
analytical reports thereof under sub -section (2) and certifi ed by the
Magistrate, as primary evidence in respect of such offence.
*17 Powers to
invest officers of
certain
departments with
powers of an
officer-in-charge of
a police station
27.
Police to take
charge of articles
seized and
delivered
28. An officer-in-charge of a police station shall take charge of and keep in
safe custody, pending the orders of the Magistrate, all articles seized
under this Act within the local area of that police station and which may
be delivered to him.
Obligation of
officers to assist
each other
29. All officers of the several departments mentioned in Section 21 shall,
upon notice given or request made, be legally bound to assist each other
in carrying out the provisions of this Act.
12 | P a g e
Report of arrest
and seizure
30. Whenever any person makes any arrest or seizure under this Act, he
shall, within forty-eight hours of the arrest or seizure, make a full report of
all the particulars of such arrest or seizure to his immediate superior
official.
Punishment for
vexatious ent ry,
search, seizure or
arrest
31. (1) Any person empowered under Section 21 or Section 22, who –
(a) without reasonable ground of suspicion enters or searches, or
causes to be entered or searched, any building, conveyance or place;
(b) vexatiously or unnecessari ly seizes the property of any person
on the pretence of seizing or searching for any controlled substance or
other article liable to be
confiscated under this Act, or of seizing any document or other article
liable to be seized under Section 21 or Section 22; or
(c) vexatiously or unnecessarily detains, searches or arrests
any person,
shall be punishable with imprisonment for a term which may
extend to six months or with fine which may extend to ten thousand
rupees, or with both.
(2) Any person willfully or maliciously giving false information and so
causing an arrest or search being made under this Act shall be
punishable with imprisonment for a term which may extend to one year
or with fine which may extend to twenty thousand rupees, or with both.
Failure of officer in
duty or his
connivance at the
contraventions of
the provisions of
this Act
32. (1) Any officer, on whom any duty has been imposed by or under this Act
and who ceases or refuses to perform or withdraws himself from the
duties of his office shall, unless he has obtained the written permission of
his official superior or has other lawful excuse for so doing, be
punishable with imprisonment which may extend to six months or with
fine or with both.
(2) Any officer on whom any duty has been imposed by or under this
Act or any person who has been given the custody of any addict or any
other person who has been charged with an offence under this Act, and
who willfully aids in, or connives at, the contravention of any provisions of
this Act or any rule or order made thereunder, shall be punishable with
rigorous imprisonment for a term which shall not be less than one year
but which may extend to two years, and shall also be liable to fine which
shall not be less than fifty thousand rupees but w hich may extend to one
lakh rupees.
(3) No court shall take cognizance of any offence under sub -section
(1) or sub -section (2) except on a complaint in writing made with the
previous sanction of the Government.
Liability controlled
substances,
articles and
conveyances to
confiscation
33. Whenever any offence punishable under this Act in respect of controlled
substances, articles, documents, etc. or animal or conveyance used in
carrying controlled substances shall be liable to confiscation.
Confiscation o f
goods used for
concealing
34. Any goods used for concealing any controlled substance which is liable to
confiscation under this Act shall also be liable to confiscation.
Confiscation of
sale proceeds of
controlled
substances
35. Whenever any controlle d substance is sold by a person having
knowledge or reason to believe that such substance is liable to
confiscation under this Act, the sale proceeds thereof shall also be liable
to confiscation.
Procedure in
making
confiscations
36. (1) In the trial of offences under this Act, whether the accused is
convicted or acquitted or discharged, the court shall decide whether any
article or thing seized under this Act is liable to confiscation under
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Section 33 or Section 34 or Section 35 and, if it decides that the article is
so liable, it may order confiscation accordingly.
(2) Where any article or thing seized under this Act appears to be liable
to confiscation under Section 33 or Section 34 or Section 35, but the
person who committed the offence in connection therewith is not known
or cannot be found, the court may inquire into and decide such liability,
and may order confiscation accordingly:
Provided that no order of confiscation of an article or thing shall be
made until the expiry of one month from the da te of seizure, or without
hearing any person who may claim any right thereto and the evidence, if
any, which he produces in respect of his claim.
Immunity from
prosecution to
addicts
volunteering for
treatment
37. Any addict, who is charged with an offence punishable under *18 sub-
section (3) of Section 9 , voluntarily seeks to undergo medical treatment
for de-addiction from a hospital or an institution maintained or recognized
by the Government and undergoes such treatment shall not be liable to
prosecution under *18 sub-section (3) of Section 9:
Provided that the said immunity from prosecution may be
withdrawn if the addict does not undergo the complete treatment for de -
addiction.
Power to call for
information, etc.
38. Any officer refe rred to in Section 21 who is authorized in this behalf by
the Government may, during the course of any enquiry in connection with
the contravention of any provisions of this Act –
(a) call for information from any person for the purpose of satisfying
himself whether there has been any contravention of the provisions of
this Act or any rule or order made thereunder;
(b) require any person to produce or deliver any document or thing
useful or relevant to the enquiry;
(c) examine any person acquainted with the facts and circumstances
of the case.
Information as to
commission of
offence
39. No officer acting in exercise of powers vested to him under any provision
of this Act or any rule or order made thereunder shall be compelled to
say when he got any information as to the commission of any offence.
CHAPTER VI
MISCELLANEOUS
Protection of
action taken in
good faith
40
.
No suit, prosecution or other legal proceedings shall lie against the
Government or any officer of the Government or any other pers on exercising
any powers or discharging any functions or performing any duties under this
Act, for anything in good faith done or intended to be done under this Act or
any rule or order made thereunder.
Power of
Government to
establish centres
for identification
41
.
(1) (1) The Government may, in its discretion, establish as many centres as it
thinks fit for identification, treatment, education, after -care, rehabilitation,
social re-integration of addicts.
(2) The Government may make rules consistent with this Act providing for the
establishment, appointment, maintenance, management and
*15 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017)
*16 Inserted by Act No 7 of 2010 (w.e.f. 28.04.2010)
*17 Omitted by Act No 1 of 2008 (w.e.f. 16.04.2008)
14 | P a g e
superintendence of the centres referred to in sub -section (1) and for the
appointment, training, powers, duties and persons employed in such centres.
Power of the
Government to
make rules
42. (1) Subject to the other provisions of this Act, the Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of
this Act.
(2) In particular and without prejudice to the generality of foregoin g
power, such rules may provide for the matters for effective implementation of
the provisions of this Act wherever necessary.
(3) Every rule made by the Government under this Act shall be laid, as
soon as may be after it is made, before the Legislature of the State.
(4) *19 The State Government may also make such other rules for the
purpose of carrying out such other activities which are ancillary to and
related to the object of this Act.
*20
Power to Make
regulation
42A Subject to the provisions of this Act and the rules made thereunder, the State
Government, may by notification, make regulation prescribing the
constitution of organization or authority or body, as the case may be, for
dealing with and carrying such activities which are ancillary t o and or related
to the object of the Act.
Power to remove
difficulties
43. If any difficulty arises in giving effect to the purposes of this Act, the State
Government may take steps or issue such orders not inconsistent with the
provisions of this A ct as may appear to it to be necessary or expedient for
the purpose of removing such difficulty:
Provided that no such order shall be made after the expiry of a period of
two years form the date of commencement of this Act.
Saving of other
laws
44
.
The provisions of this Act shall be in addition to, and not in derogation of, any
other law for the time being in force regulating any of the matters dealt with
in this Act.
*18 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017)
*19 Inserted by Act No 20 of 2018 (w.e.f. 24.10.2018)
*20 Inserted by Act No 20 of 2018 (w.e.f. 24.10.2018)
*21 Substituted by Act No 20 of 2018 (w.e.f. 24.10.2018)
15 | P a g e
*21 SCHEDULE
(See clause (c), (i) and (o) of Section 2)
Sl.
No.
Controlled Substance
Delivery format
Small Quantity Large
Quantity
Commercial
Quantity
1 2 3 4 5
1 Pill, Capsule, Tablet 20 pcs or less 21 to 500
Pcs
More than
500 pcs
2 Liquid or Syrup
containing a
combination of Controlled
Substances
with various other
Substances
500 ml.
or less
501 ml. to 2000
ml.
More than 2000
ml.
3 Injection vials or
ampoules (in units)
10 units
or less
11 to 50
units
More than
50 units.”
THE UNDERLINED TEXT INDICATES THE INSERTION/SUBSTITUTION OF THE SUBSEQUENT
AMENDMENTS TO THE SIKKIM AN TI DRUGS ACT, 2006 (ACT NO. 2 OF 2006) AMENDED AND
UPDATED UPTO OCTOBER, 2018.