Narcotics Control Commission Act, 2020 (Act 1019)

ARRANGEMENT OF SECTIONS

Establishment of the Commission

1. Establishment of the Narcotics Control Commission

2. Objects of the Commission

3. Functions of the Commission

4. Governing body of the Commission

5. Secretary to the Board

6. Functions of the Board

7. Tenure of office of members

8. Meetings of the Board

9. Disclosure of interest

10. Establishment of committees

11. Allowances

12. Regional and district offices of the Commission

13. Independence of the Commission

14. Policy directives

Administration

15. Appointment of Director-General

16. Functions of Director-General

17. Appointment of Deputy Directors-General

18. Appointment of other staff

19. Terms and conditions of service

20. Funds of the Commission

21. Bank account for the Commission

22. Substance Use Disorder Rehabilitation Fund

23. Object of the Fund

24. Source of money for the Fund

25. Bank account for the Fund

26. Management of the Fund

27. Disbursement of moneys for the Fund

28. Report on management and use of moneys for the Fund

29. Accounts and audit

30. Annual report and other reports

Powers of the Commission

31. Authorised officers to exercise powers of Police

32. Power to use firearms

33. Duties and powers of an authorised officer

34. Power to monitor activities in respect of precursors and controlled equipment

35. Oath of Secrecy

Narcotic Drug Offences

36. Importation and exportation of narcotic drugs

37. Unlawful possession or control of narcotic drugs

38. Prohibited business relating to narcotic drugs

39. Cultivation of plants for narcotic purposes

40. Importation or exportation of narcotic plants

41. Unlawful possession or control of narcotic plants

42. Prohibited business relating to narcotic plants

43. Special provision relating to cannabis

44. Administration of narcotic drugs prohibited

45. Offence of purchase of narcotic drugs or plants

46. Special mitigating factors

47. Special plea bargain

48. Use of property for narcotic offences

49. Interference with arrest and seizure

50. Life imprisonment on third conviction

51. Penalty for offence committed by authorised officer

52. Original jurisdiction of the Court

53. Possession or ownership of property obtained by trafficking in narcotic drugs

Arrest, Investigation and Seizure

54. Power of entry, search, arrest and seizure

55. Search of person

56. Obstruction of inspection and search

57. Power of investigation

58. Release of property seized

59. Power to prosecute

60. Declaration of income and property

61. Inaccurate declaration of income and property

62. Protection of third parties

63. Seizure of movable property

64. Seizure of immovable property

65. Transactions in seized property after seizure to be void

66. Realisation of property

67. Utilisation of proceeds of realisable property

68. Non application of Insolvency Act, 2006 (Act 708)

69. Winding up of company holding realisable property

70. Laundering proceeds from narcotic offence

71. Power to intercept communication

72. Seizure of currency

73. Freezing of property

74. Application for freezing order

75. Issue of freezing order

76. Effect of freezing order

77. Duration of freezing order

78. Review of freezing order

79. Extension of freezing order

Confiscation and Forfeiture of Property of Liable Persons

80. Power to apply to Court for confiscation order

81. Application for confiscation or pecuniary penalty order

82. Presumption of acquisition of property or income

83. Orders on application for confiscation or pecuniary penalty

84. Quashing of conviction not to discharge confiscation or pecuniary penalty order

85. Persons liable to be proceeded against

86. Notice to show cause against forfeiture

87. Application to the Court for forfeiture

88. Forfeiture of property in certain circumstances

89. Forfeiture of certain types of properties

90. Void transactions

91. Forfeiture of property in the absence of claim

92. Proceedings not to abate upon death of a person affected

Miscellaneous matters

93. Enforcement of foreign law

94. Request for and authority to render assistance

95. Information of a person, body or place

96. Service of process or document

97. Transmission of copies of statements, records or results of investigation

98. Examination of witness by an authorised officer of the Commission

99. Examination of witness by Court

100. Transmission of property or an article

101. Offence by body of persons

102. Lifting the veil

103. Notice or order not to be invalid for error in description

104. Report or document by an expert or analyst

105. Property tracing

106. Suspicion of unlawful activity

107. Designated forensic laboratory

108. Disposal and storage of seized narcotics, controlled equipment and precursors

109. Attempt, abetment and conspiracy

110. General penalty and evidence

111. Controlled delivery

112. Regulations

113. Interpretation

114. Repeal and savings

115. Consequential amendment

116. Transitional provisions

SCHEDULES

FIRST SCHEDULE - Equivalencies in Rank

SECOND SCHEDULE - Table of Offences and Penalties

THIRD SCHEDULE - Controlled Equipment

FOURTH SCHEDULE - Oath of Secrecy

FIFTH SCHEDULE - Opium, Coca and Amphetamine

SIXTH SCHEDULE - Narcotic Drug-Cannabis

SEVENTH SCHEDULE - Psychotropic Substances

EIGHTH SCHEDULE - Chemical Precursors

PURPOSE

AN ACT to establish the Narcotics Control Commission, to provide for offences related to narcotic drugs and plants cultivated for narcotic purposes and for related matters.

DATE OF ASSENT

11th May, 2020.