(1) The Government may, by notification in the Official Gazette, constitute a Fund to be called the State Fund for Control of Drug Abuse (hereafter referred to as the Fund) and there shall be credited thereto –
(a) an amount the Government may, after the appropriation made by the State Legislature by law in this behalf, provide;
(b) the sale proceeds of any drugs seized or property forfeited;
(c) any grants that may be made by any person, institution or organization;
*2 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2019) *3 Substituted by Act No 21 of 2008 (w.e.f. 19.09.2008) *4 Inserted by Act No 21 of 2017 (w.e.f. 19.09.2017) 4 | P a g e
(d) any income from investments of the amounts credited to the Fund under the aforesaid provisions.
(2) (2) The Fund shall be applied by the State Government to meet the expenditure incurred in connection with the measures taken for –
(a) combating illicit traffic in controlled substances;
(b) controlling the abuse of controlled substances;
(c) identifying, treating, rehabilitating addicts;
(d) preventing drug abuse;
(e) educating public against drug abuse; and
(f) supplying drugs to addicts where such supply is a medical necessity.
(g) training of personnel.
(3). *4 The fund shall be maintained in an account in a Nationalized Bank in the name of “State Fund for Control of Drug Abuse” and the account shall be operated jointly by the Programme Director and the Director / Additional Director, Department of Health Care, Human Services and Family Welfare, Government of Sikkim, under sanction of the Sikkim Anti Drugs Authority notified under the Act or a representative authorized by the Authority.
Annual report of activities financed under the Fund.
6. The State Government shall, as soon as may be, after the end of each financial year, give an account of activities financed under *5 Section 5 during the financial year, together with a statement of accounts.
CHAPTER III PROHIBITION, CONTROL AND REGULATION Prohibition of certain operations
7. No person shall –
(a) sale, stock for sale or trade in any controlled substance; or
(b) transport either inter-State or intra-State any controlled substance, Without a valid license under the Drugs and Cosmetics Act, 1940 or Sikkim Trade License Act:
Provided that, and subject to the other provisions of the Act and the rules made the reunder, the possession of *6 verifiable quantities, as prescribed in the rules of controlled substances for medicinal purposes with a valid prescription, or for a legal use of the substance, shall be permissible:
Provided further that the amount of controlled substance in possession shall not be beyond the limit prescribed in prescription slip/card, or in cases of other substances other than drugs, the amount permissible shall be proportionate to its purported use.
Power of Government to permit, control and regulate
8. Subject to the provisions of Section 7, the Government may, by rules-
(a) permit and regulate –
(i) the possession of controlled substances by the authorized person;
5 | P a g e
(ii) the sale of controlled substances by the licensed dealers;
(iii) the use and consumption of controlled substances in any chemical form;
(iv) the manufacture of the controlled substances by the licensed manufacturers;
(v) the transport of controlled substances by licensed dealers and authorized persons;
(b) prescribe any other matter requisite to render effective the control of Government over any of the matters specified in clause (a).
CHAPTER IV OFFENCES AND PENALTIES Punishment for contravention of controlled substances
9. *7 (1) Whoever, in contravention of any provision of this Act or any rule or order made thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State *8, -
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which shall not be less than two years but may extend to five years and shall also be liable to pay fine which shall not be less than twenty thousand rupees but may extend to fifty thousand rupees;
(b) where the contravention involves large quantity, with rigorous imprisonment for a term which shall not be less than seven years but may extend to ten years and shall also be liable to pay fine which shall not be less than fifty thousand rupees but may extend to one lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment which shall not be less than ten years but may extend to fourteen years and shall also be liable to pay fine which shall not be less than one lakh rupees but may extend to two lakh rupees.
*9 (2) Where contravention is by licensed dealers holding drugs license issued under the Drugs and Cosmetics Act, 1940 and Drugs and Cosmetics Rules, 1945, such license shall be immediately suspended for a period of six months or until a decision is made by the court of law, whichever is earlier. Upon conviction, such license shall stand cancelled. Further, such person shall also be liable for imprisonment which shall not be less than three years, and shall also be liable to pay a fine which shall not be less than rupees one lakh;
*10 (3). Where the offender is an addict as defined under clause (b) of section 2, or a consumer as defined under clause (d) of section 2, shall undergo compulsory psychiatric evaluation and/or psychological assessment followed, if necessary, by detoxification and rehabilitation for a period as assessed by a psychiatrist or a psychologist:
*5 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017) *6 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017) *7 Substituted by Act No 21 of 2017 (w.e.f. 19.09.2017) *8 Omitted by Act No 20 of 2018 (w.e.f. 19.09.2018) 6 | P a g e
Provided that if the offender is a State Government employee or an employee of an undertaking or an Organization of the State Government shall be assessed by a psychiatrist and the State Medical Board who shall recommend and certify the suitability or otherwise of the person to continue with the job responsibility specific to the post the person is holding.”
(4) Where the contravention involves a person using a mode of transport or any other form of conveyance, either inter-State or intra- State, such person shall be liable to imprisonment for a term which shall not be less than ten years but which may extend to fourteen years and shall also be liable to fine which shall not be less than one lakh but may extend to ten lakhs rupees and the conveyance as used, shall be liable to be seized and confiscated, which may be released on payment in the following manner:-
(a) Heavy motor vehicle – Rupees two lakhs
(b) Light motor vehicle – Rupees one lakh
(c) Two-or-three wheeled – Rupees fifty thousand
(d) Any other form of conveyance – Rupees twenty-five thousand
(5) Where the contravention involves the manufacture of controlled substances without a valid manufacturing licence, such person shall be liable to imprisonment for a term which shall not be less than ten years but which may extend to fourteen years and shall also be liable to fine which shall not be less than five lakhs but may extend to ten lakh rupees.
Punishment for a l l o w i n g premises, etc., to be used for commission of an offence
10. *11 Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of the Act, shall be punishable with imprisonment for a term not less than five years but may extend to ten years and fine which shall not be less than fifty thousand but may extend to one lakh rupees.
Punishment for financing illicit traffic and h a r b o u r i n g offenders
11. *12 Whoever indulges in financing, directly or indirectly, any of the activities specified in clause (h) of section 2 or harbors any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to fourteen years and shall also be liable to fine which shall not be less than two lakh rupees but which may extend to five lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding five lakh rupees.
*9 Substituted by Act No 20 of 2018 (w.e.f. 24.10.2018) *10 Substituted by Act No 20 of 2018 (w.e.f. 24.10.2018) 11* Substituted by Act No 21 of 2017 (w.e.f. 19.09.17) 7 | P a g e Punishment for abetment and c r i m i n a l conspiracy
12. Whoever abets, or is a party to a criminal conspiracy to commit an offence punishable under this chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy and notwithstanding anything contained in Section 116 of the Indian Penal Code, punishable with punishment provided for the offence.
E n h a n c e d punishment for offences after p r e v i o u s conviction
13. If any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under this Act with the same amount of punishment shall be punished for the second and every subsequent offence with rigorous imprisonment for a term which may extend to twice the maximum term of punishment, and also be liable to fine which shall extend to twice the maximum amount of fine:
Provided that the court may, for reasons to be recorded in the judgement, impose a fine exceeding the fine for which a person is liable.
Punishment for offence for which no punishment is provided
14. Whoever contravenes any provisions of this Act or any rule or order made thereunder for which no punishment is separately provided in this chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to twenty thousand rupees, or with both.
No suspension, remission or commutation in any sentence awarded under this Act
15. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 or any other law for the time being in force, no sentence awarded under this Act (other than Section 7 (b) ) shall be suspended, remitted or commuted.
Presumption of culpable mental state