Last Change:
06/27/2024
The Narcotics Control Act
Year: 2018
Type: Domestic law
Rights Category: Health, Liberty & security of person
Description
It was necessary to enact a new law containing other relevant provisions, repealing the Narcotics Control Act, of 1990, along with updating the existing laws relating to the control, reduction of supply and demand, prevention of misuse and smuggling of narcotics, and for the treatment and rehabilitation of narcotics addicted persons; Hence the 2018 Narcotics Control Act came into force.
The Act restricts manufacturing and drinking alcohol, however, the restriction does not apply in the case of foreigners and the ones having licenses (section 11.3.a).
Chapter V in detail describes the offenses and penalty for the breach of the Act (especially for the breach of sections 9 and 10)
The Act under section 39 holds a provision for penalty for any illegal harassment for search.
Selected provisions
9. (1) Any substance or plant used in the manufacture or processing of narcotic drugs other than alcohol or narcotic drugs,-
(a) cultivation, production or processing, carrying, transportation or transfer; and shall not be imported or exported;
(b) supply, market, purchase, sell, transfer, assign, receive, transmit, trade, auction, hold, possess or possess, store, warehouse and display;
(c) may not be consumed, applied or used; And
(d) No attempt or undertaking, investment of money, establishment or management of any institution or patronage thereof, or giving false declarations shall be made for any of the purposes mentioned in clauses (a) to (c).
(2) any precursor chemicals which are or may be used as ingredients or ingredients of any narcotic drug—
(a) manufacturing or processing; carry, transport or transfer; and shall not be imported or exported;
(b) not supply, market, purchase, sell, transfer, assign, receive, transmit, trade, auction, hold, possess or occupy, store, warehouse and display;
(c) may not be consumed, applied or used; And
(d) No attempt or undertaking, investment of money, establishment or management of any institution, or patronage thereof, or false declaration shall be made for any of the purposes mentioned in clauses (a) to (c).
(3) Notwithstanding anything contained in sub-sections (1) and (2), any drug, substance or plant or precursor chemical authorized under any law in the manufacture, use in industry, treatment, scientific research, or any other authorized by the Director General. Provided under this Act if necessary for lawful proceedings-
(a) cultivation, production, processing, carrying, transportation, transfer, import, export, supply, marketing, purchase, sale, holding, possession or possession, storage, warehousing, display or use of the licensee;
(b) be consumed, applied or used in the permittee; And
(c) Passballs may be carried or transported:
Provided that for the purpose of enforcing any provision of this Act, in the manner prescribed by rule, any member of any law enforcement agency empowered in the course of duty shall, on reasonable and valid documents or documentary evidence, carry, transport, possess, possess or possess, retain any thing specified in the schedule. , warehousing, display, transfer, assignment, acceptance, dispatch, auction, regulated auction, etc. Nothing in this section shall apply.
(4) A warning about the danger of its misuse shall be printed or stamped in clear letters on the wrapper and label of the narcotic produced, processed and imported under sub-section 3.
(5) In the case of storing, carrying, transporting, applying, and using the number of narcotic drugs prescribed by the Government, by notification in the Government Gazette, in the first aid box kept under the control of a doctor for emergency medical treatment in any vessel, aircraft or land vehicle engaged in the transport of passengers, this Nothing in section shall apply.
11. (1) No person shall drink alcohol without a permit and no permit shall be issued to a Muslim to drink alcohol without a written order from a Civil Surgeon or an Associate Professor of a Government Medical College for medical reasons.
(2) In the case of consumption of tadi and pachui by the cobblers, methors, doms, tea workers and minor tribes and in the case of consumption of liquor traditionally practiced or prepared by the minor tribes of Rangamati, Bandarban and Khagrachari hill districts and other regions, sub-section Nothing in (1) shall apply.
(3) Notwithstanding anything contained in sub-section (1)—
(a) foreigners and nationals holding permits may drink alcohol in licensed bars; And
(b) In the case of foreign nationals holding diplomatic passports, holders of pass books issued by the Customs authorities or persons recognized under the existing Baggage Rules, nothing shall apply to the import, export, purchase, carriage, storage or consumption of alcohol.
(4) All duty-free operations related to alcohol shall be carried out under a license issued under this Act.
39. If any officer having power to search, detain or arrest—
(a) without reasonable cause to suspect enters and searches any place in the name of search;
(b) intrusively seizes any property of any person in pursuance of a search for any thing liable to seizure, and
(c) searches or arrests any person harassingly, shall be punished with imprisonment for a term not exceeding 1 (one) year or with a fine or with both.