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Chapter 2

Chapter 2 Prohibition and Control
4. Prohibited Acts : No person shall:

(a) Cultivate, produce, prepare, purchase, sell, distribute, export or import, conduct any trafficking, store, or consume cannabis/

(b) Cultivate opium or coca or produce opium or coca leaves or other narcotic drugs,
(c) Manufacture or prepare narcotic drugs,
(d) Sell or distribute narcotic drugs,
(e) Export or import narcotic drugs,
(f) Purchase, store, possess, or conduct any trafficking narcotic drugs,
(g) Consume narcotic drugs other than cannabis/ marijuana. Provided that:
(1) Government of Nepal may frame Rules regulating the  production of hashish (chares) from wild cannabis/ marijuana plants growing in the western hilly region of the Nepal and the collection, storage, sale and purchase of such hashish (chares) for a specified period, and no act done by any person in accordance with the license obtained under

Inserted by First Amendment .

Amended by second amendment.

Amended by First amendment .

Amended by First amendment .

Inserted by First Amendment .

such Rules shall be deemed to constitute an offence under this Section.

(1A) Chemical substance to be used for preparation of narcotic drugs from among the medicines defined in the Single Convention on Narcotic Drugs, 1961 may be exported, imported, stored, conducted trafficking, sold, distributed and used only in the quantity as prescribed by the Chief
Narcotic Drugs Control Officer.
(2) The procedure of the license issued under Clause (1) of this Proviso and format and condition of such license, license issuing Authority, fee to be
charged for such license and any other measure to be taken for the control and management of the activities under such license shall be as prescribed.
∇Explanation : For the purpose of Clause (b),(c),(d),(e) and (f) of this section the “narcotic drugs” shall not mean the cannabis/ marijuana.

5. Non-applicability of Prohibitions: Notwithstanding anything contained in other Sections of this Act, consumption of narcotic drugs by persons falling
under the following categories in the following circumstances shall not be deemed to have been prohibited:-
(a) Purchase and consumption of narcotic drug by any person in the recommended dose from any licensed shop on the recommendation of any recognized medical practitioner for the purpose of medical treatment.
(b) Consumption of narcotic drugs by persons belonging to the prescribed categories in prescribed doses.

5A. Note to be made on the prescription Paper of the Medical Practitioner : If a person comes to purchase narcotic drugs with the prescription of a
recognized medical practitioner the licensed shop keeper shall make a note of the

Inserted by Second Amendment .

Inserted by First Amendment .

Inserted by First Amendment .

sale on the prescription paper of the medical practitioner after narcotic drugs is sold to such person.

5B. Responsibility of the Medical Practitioner: While prescribing narcotic drugs, the medical practitioner shall not prescribe it to those who do not need it or

prescribe more than what the requirement is even to those to whom it is required. 6. Prohibition not to be applied to Government of Nepal : Nothing contained in
this Act shall be deemed to have prevented Government of Nepal or any institution working under the full and complete supervision and control of
Government of Nepal after obtaining a special license, from cultivating, preparation, producing, manufacturing, exporting or importing narcotic drugs for
purposes of medicine or scientific research or from selling narcotic drugs to any person on the recommendation of a recognized medical practitioner.

7. Authority Empowered to Issue Warrants : The Narcotic Drugs Control Officer may issue warrants for the arrest and search of any person if he/she has
reason to believe that such person has committed or is about to commit any offence punishable under this Act. The Narcotic Control Officer may issue orders
for conducting a search of any building, land, vehicle or any other place if he/she has reason to believe that any person connected with the offence has been hiding
in such building, land, vehicle or other place or that any narcotic drug has been kept therein.

8. Power to Enter, Search, Seize and Arrest Without a Warrant : (1) If there is reason to believe that any offence punishable under this Act is being committed
in any building, land, vehicle or other place and that the offender may escape or that evidence of the offense may disappear, the Narcotic Drugs Control Officer or
a police personnel at least up to the rank of Assistant Sub-Inspector of Police may, after making a record to that effect, take any of the following actions at any
(a) To enter into such building, land, vehicle or any other place,

Inserted by Second Amendment .

(b) To break the gate or resort to other necessary actions if any obstruction is caused to such entry,
(c) To seize all narcotic drugs and other materials connected with the offence, and any other document which may serve as evidence,
(d) To detain and to search any person and if necessary, arrest him/her if there is a reason to suspect that such a person has
committed an offence.
(2) Entry into or search of any building, land, vehicle or any other place under Sub-section (1) shall be conducted, if time so allows, in the presence of a
∂member of the concerned Municipality or Village Development Committee or any local gentleman or an employee of any government office.

Provided that, if there is proper ground of non-availability of a member of Municipality or Village Development Committee or Ward Committee or
gentlemen of that locality or presence of employees of other government offices for preparing the report, even of attempts were made to that effect, the report
may be prepared in the presence of at least two Narcotic Drug Investigation Officers or in the presence of two personnel at least to the rank of Assistant
sub-inspector of police.

8A. The Particulars of Financial Transaction may be Demanded : (1) Notwithstanding anything contained in the prevailing laws, if there is reliable
ground that any person, organisation-institution, firm, company or international organisation has carried out illegal transaction of narcotic drugs, the Narcotic
Drugs Control Officer may ask for the particulars of the account of such person, firm, organisation – institution, company or international organisation, kept in
any bank or financial institutions.
(2) In case the amount mentioned in the particular obtained pursuant to Sub-section (1), is seen to be used in the illegal transaction of narcotic drugs,

Amended by Some Nepal Act Amendment Act , 2048

Inserted by third Amendment.

Inserted by third Amendment.

the judicial authority may give order to the concerned bank or financial institution for freezing such amount.

9. Report of Arrest and Seizure to be submitted : – When an arrest is made of any person or search is undertaken of any person, building, land, vehicle or any
other place, or if any narcotic drug or other material is seized under this Act, the Narcotic Drugs Control Officer shall submit a report thereon to his/her
immediate superior within twenty four hours of such arrest, search or seizure.

9A. Secrecy to be maintained : In case a demand is made by the case filing party for maintaining secrecy of the name of the person or documents involved in a
case relating to narcotic drugs, the judicial authority shall have to keep secret such document or the name of person up to the period as per demand.

10. Arrested person and seized goods to be produced before the Judicial Authority : Any person arrested or goods seized by the Narcotic Drugs Control
Officer under this Act shall be produced before ♥ the Judicial Authority within twenty four hours of such arrest or seizure excluding the period of journey from
the place of arrest to such Authority.

10A. Anything may be taped or censored : If there is an order from Investigating Authority or Judicial Authority the Narcotic Drugs Control Officer, in course of
investigation of narcotic drugs, may tape the electronic devices like telephone, telex, fax of the person related to narcotic drugs, may receive copy, or may take
photograph and may censor any sorts of documents to be received from post like letter, parcel document.

11. The Narcotic Drugs Control Officer may issue an order to destroy Narcotic Drugs : The Narcotic Drugs Control Officer may issue an order to destroy the
following Narcotic Drugs:-
(a) Cannabis/ marijuana, opium or coca which is being cultivated in any land in contravention of this Act,

Inserted by third Amendment.

Amended by First amendment .

Inserted by third Amendment.

Amended by second amendment.

(b) The wildly grown cannabis/ marijuana, opium and coca on areas other than those exempted under Section 4.
(c) Any narcotic drugs which are found unclaimed, and
(d) The Narcotic Drugs related to such offences regarding which no case could be filed in a court of law under this Act.

11A. Narcotic Drugs to be destroyed after being the time extended from the court in the narcotic drug case : After the narcotic drug is raided from any
person, Narcotic Drugs Control Officer shall, after taking up to three grams of narcotic drugs from each packet as sample in the presence of Assistant SubInspector
of police and an employee assigned by the judicial authority, send for examination, the investigating authority of the narcotic case shall keep the
sample of the narcotic drug to find out the nature of the narcotic drug, and after the case is filed in the court for extending the time, the court shall keep upto
three grams of narcotic drugs from each pocket for sample and shall in the presence of representative of the concerned district court, representative of the
district administration office and the representative of local Municipality or Village Development Committee, within fifteen days from the date of filing of
the case in the court for the extension of time.

11B The records of destroying of narcotic drugs to be maintained : The concerned authority shall, while destroying narcotic drugs under Section 11 and
11A, maintain record of the types and quantity of narcotic drugs.

11C. Government of Nepal may make available the Narcotic Drugs for Preparing Medicine : Notwithstanding anything contained in other provisions
of this Act, Government of Nepal may, if it deems necessary, for cannabis/ marijuana the purpose of preparing medicine, make available in the required
quantity of cannabis/ marijuana and opium out of the narcotic drugs confiscated or seized under this Act to any agency which is engaged in the production of


 Amended by the third Amendment .
 Amended by the third Amendment .

Inserted by Second Amendment .

11D. May be submitted as evidence : (1) The documents collected in abroad, in course of investigation of narcotic drugs, may be presented before the
judicial authority as evidence.
(2) The investigating authority may, in course of investigation of the narcotic drugs, present video tape, cassette tape and any other types of photos
before the judicial authority as evidence.

12. Onus of Proof : In case any narcotic drug is found to be in possession of any person or if any evidence is found that cannabis/ marijuana, opium or coca is
being cultivated or had been cultivated in any farm of a person or if any substance that has been partly processed for the manufacture or production of
any narcotic drug or any residue left after such production is found to be in possession of any person, such person shall have to furnish proof to the effect
that he/she has obtained or possessed such substance under this Act or the Rules framed or orders issued hereunder. If he/she fails to do so, he shall, unless
otherwise established, be deemed to have committed an offence punishable under this Act.
13. ∝

1 Comment

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