Narcotic Drugs and Psychotropic Substances Act 1985
Section 31A :
Death penalty for certain offences after previous conviction :
(l) Notwithstanding anything contained in section 31, if any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under 2[section 19,section 24, section 27 A and for offences involving commercial quantity of any narcotic drug or psychotropic substance] is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit 4.[shall be punished with punishment which shall not be less than the punishment specified in section 31 or with death], an offence relating to-
(a)engaging in the production, manufacture, possession, transportation, import into India, export from India or transhipment, of the narcotic drugs or psychotropic substances specified under column (1) of the Table below and involving the quantity which is equal to or more than the quantity indicated against each such drug or substance, as specified in column (2) of the said Table:
Table :
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Particulars of narcotic drugs/psychotropic substances (1) :(i) Opium
Quantity (2) :10Kgs
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Particulars of narcotic drugs/psychotropic substances (1) :(ii) Morphine
Quantity (2) :1 Kg.
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Particulars of narcotic drugs/psychotropic substances (1) :(iii) Heroin
Quantity (2) :1 Kg.
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Particulars of narcotic drugs/psychotropic substances (1) :(iv) Codeine
Quantity (2) :1 Kg.
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Particulars of narcotic drugs/psychotropic substances (1) :(v) Thebaine
Quantity (2) :1 Kg.
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Particulars of narcotic drugs/psychotropic substances (1) :(vi) Cocaine
Quantity (2) :500 grams.
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Particulars of narcotic drugs/psychotropic substances (1) :(vii) Hashish
Quantity (2) :20 Kgs.
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Particulars of narcotic drugs/psychotropic substances (1) :(viii) Any mixture with or without any nautral material of any of the above drugs
Quantity (2) :3[lesser of the quantity between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture.]
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Particulars of narcotic drugs/psychotropic substances (1) :(ix) LSD, LSD-25(+)-N, N Diethyllysergamide (d-lysergic acid diethylamide)
Quantity (2) :500 grams
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Particulars of narcotic drugs/psychotropic substances (1) :(x) THC (Tetrahydrocannabinols, the following Isomers: 6a (10a), 6a (7) 7, 8, 9, 10, 9 (11) and their stereochemical variants)
Quantity (2) :500 grams
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Particulars of narcotic drugs/psychotropic substances (1) :(xi) Methamphetamine (+)-2-Methylamine-1- Phenylpropane
Quantity (2) :1,500 grams
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Particulars of narcotic drugs/psychotropic substances (1) :(xii) Metha qualone (2- Meth y 1-3-0-tol y 1-4-( 3h )-quinazolinone)
Quantity (2) :1,500 grams
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Particulars of narcotic drugs/psychotropic substances (1) :(xiii) Amphetamine (+)-2-amino-1-phenylporpane
Quantity (2) :1,500 grams
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Particulars of narcotic drugs/psychotropic substances (1) :(xiv) Salts and preparations of the psychotropic substances mentioned in (ix) to (xii)
Quantity (2) :1,500 grams
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(b) financing, directly or indirectly, any of the activities specified in clause (a), shall be punishable with death.
(2) where any person is convicted by a competent court of criminal jurisdiction outside India under any law corresponding to the provisions of 3[section 19, section 24 or section 27 A and for offences involving commercial quantity of any narcotic drug or psychotropic substance], such person, in respect of such conviction, shall be dealt with for the purposes of sub-section (1) as if he had been convicted by a court in India.]
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1. Ins. by Act 2 of 1989, sec. 9 (w.e.f. 29-5-1989).
2. Subs. by Act 9 of 2001, sec. 13, for certain words (w.e.f. 2-10-2001).
3. Subs. by Act 9 of 2001, sec. 13, for “1,500 grams” (w.e.f. 2-10-2001).
4. Subs. by Act 16 of 2014, sec. 15.