The warrant is issued by Metropolitan Magistrate or Magistrate of I class or II class specially empowered by the State Government for arrest of person or persons whom he has reason to believe has violated provisions of the Act and also warrant for search of any building or premises or and other articles during day or night.
Issue of Warrant and
Authorization
The
warrant is issued by Metropolitan Magistrate or Magistrate of I class or II
class specially empowered by the State Government for arrest of person or
persons whom he has reason to believe has violated provisions of the Act and
also warrant for search of any building or premises or and other articles
during day or night.
An
officer of Gazetted rank in Central Government from the departments of central
excise, narcotics, customs, revenue intelligence, border security force or army
or any other department of Central Government shall be authorized for the
purpose of this Act. The State Government may appoint officer of revenue, drug
control, excise, police or any other department as the officer authorized and
empowered to implement the warrant. Officer may depute his subordinate but
superior to the rank of peon, sepoy or constable to search premises or
conveyance or transport and arrest a person provided he has reason to believe
that the provisions of the Act are violated.
Any
addict who is not charged with any offence earlier and seeks to undergo medical
treatment for detoxification of deaddiction from an institution or hospital
recognized by Government or Local Authority and undergoes such a treatment
shall not be liable to prosecution only once in his/her lifetime.
Disposal
of seized NDPS is done as per the procedure laid down by the Central
Government. The obligation of officers of the Central and State Government is
to assist each other for the effective implementation of the Act.
Any
Authorised Officer can enter into and search building, conveyance or transport
of place and in case of resistance, break open the lock and door, remove any
obstacle to such entry, seize NDPS and other materials, conveyance, animal used
in illicit traffic, detain any person for interrogation, provided he/she
believes that a search warrant or authorisation can not be obtained for want
oftime and if action is delayed, the offender may escape or NDPS may disappear.
This action can be taken only after sunset and before sunrise provided, the officer
has authentic information of the crime or a complaint in writing. If this authority
is misused by the officer and proved so, he/she is punishable for imprisonment
of6 months or fine ofRs. 1000/- or both.
For
giving false information about the offence in relation to NDPS to the concerned
officer, an individual may be punished with two years imprisonment or fine or
both.
The
officer refusing to perform duty or showing negligence in discharge of his
duties, imprisonment of one year or fine or both are possible.
Related Topics
TH 2019 - 2023 pharmacy180.com; Developed by Therithal info.