Issue of Warrant and Authorization

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.