Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988
No: 23 Dated: Sep, 01 1988
THE JAMMU AND KASHMIR PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988
(Act No. XXIII of 1988)
An Act to provide for detention in certain cases for the purpose of preventing illicit traffic in narcotic drugs and psychotropic substances and combating abuse of such drugs and substances and for matters connected therewith.
Whereas illicit traffic in narcotic drugs and psychotropic substances poses a serious threat to the health and welfare of the people and activities of persons engaged in such illicit traffic have deleterious effect on the national economy;
And whereas having regard to the person by whom and the manner in which such illicit traffic is organised and carried on, and having regard to the fact that in certain areas which are highly vulnerable to such illicit traffic, such activities of a considerable magnitude are clandestinely organised and carried on, it is necessary for the effective prevention of such activities to provide for detention of person concerned in any manner therewith.
Be it enacted by the Jammu and Kashmir State Legislature in the Thirty-Ninth Year of the Republic of India as follows
1. Short title and extent. - (1) This Act may be called the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic drugs and Psychotropic Substances Act, 1988.
(2) It extends to the whole of the State of Jammu and Kashmir.
2. Definition. - In this Act, unless the context otherwise requires-
(a) "detention order" means an order made under section 3;
(b) "foreigner" has the same meaning as in the Foreigners Act, 1946;
(c) "illicit traffic" means-
(i) cultivating any coca plant or gathering any portion of coca plant;
(ii) cultivating the opium, poppy or any cannabis plan;
(iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State or transhipment, of narcotic drugs or psychotropic substances;
(iv) dealing in narcotic drugs or psychotropic substances otherwise than as provided in sub-clauses (i) and (iii);
(v) handling of letting any premises for use for any of the purposes referred to in sub-clauses (i) to (iv);
(vi) financing any activity by himself or through any other person in the furtherance or in support of doing any of the aforesaid acts;
(vii) harbouring person engaged in any of the activities specified in sub-clauses (i) to (vi); or
(viii) abetting or conspiring in the furtherance or in support of doing any of the aforesaid acts,
except to the extent permitted under the Narcotic Drugs and Psychotropic Substances Act, 1985, or any rule or order made, or any condition of any licence, permit or authorisation issued thereunder;
(d) words and expressions used herein but not defined, and defined in the Narcotic Drugs and Psychotropic Substances Act, 1985, have the meanings respectively assigned to them in that Act.
3. Powers to make orders detaining certain persons. - (1) The Government or any officer of the Government, not below the rank of the Secretary to Government, specially empowered for the purposes of this section by the Government, may, if satisfied, with respect to any person (including a foreigner) that, with a view to preventing him from committing any of the acts within the meaning of "illicit traffic" as defined in clause (c) of section 2, it is necessary so to do, make an order directing that such person be detained.
(2) For the purpose of clause (5) of Article 22 of the Constitution, the communication to a person detained in pursuance of a detention order of the grounds on which the order has been made shall be made as soon may as be after the detention, but ordinarily not later than five days, and in exceptional circumstances and for reasons to be recorded in writing, not later than fifteen days, from the date of detention.
4. Execution of detention orders. - A detention order may be executed at any place in the State of Jammu and Kashmir in the manner provided for the execution of warrant of arrest under the Code of Criminal Procedure, Samvat 1989.