The MIZORAM DRUG (CONTROLLED SUBSTANCES) ACT, 2016 AN ACT
mizoram · 2016
The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.
- S. 1(1) This Act may be called The Mizoram Drug (Controlled Substances) Act, 2016 (2) It extends to the whole of Mizoram
- S. 2Section 2 defines key terms used in the Mizoram Drug (Controlled Substances) Act, 2016.
- S. 3Government to take measures for preventing and combating abuse of and illicit traffic of controlled substances, etc
- S. 4Section 4 appoints a Nodal Officer and other officials to oversee drug control functions under the Act.
- S. 5Section 5 establishes a State Fund for Control of Drug Abuse to finance efforts against drug trafficking, abuse, and addiction.
- S. 6Annual report of activities financed under the Fund
- S. 7Section 7 prohibits possession, sale, and transport of controlled substances without a valid license, except for small medicinal quantities with a prescription.
- S. 8Section 8 grants the Government power to permit, control, and regulate possession, sale, use, manufacture, and transport of controlled substances.
- S. 9Section 9 outlines penalties for violating the Mizoram Drug (Controlled Substances) Act, including license suspension, imprisonment, fines, and vehicle confiscation.
- S. 10Section 10 penalizes illegal possession of controlled substances with fines and imprisonment based on quantity.
- S. 11Punishment for allowing premises, etc
- S. 12Section penalizes financing or harboring drug-related offenses with imprisonment and fines.
- S. 13Section 13 penalizes abetment or conspiracy to commit offenses under the Act with the same punishment as the offense itself.
- S. 14Section 14 imposes double the maximum punishment for repeat offenders convicted under the Act.
- S. 15Section 15 imposes up to six months' imprisonment or a fine of up to ₹20,000 for violations of the Act without specific penalties.
- S. 16Section 16 prohibits the suspension, remission, or commutation of sentences under the Mizoram Drug (Controlled Substances) Act, 2016.
- S. 17Section presumes accused's culpable mental state in drug offenses, but allows defense to prove absence.
- S. 18Section 18 specifies that only the Court of Judicial Magistrate of the First Class can try offences under the Mizoram Drug (Controlled Substances) Act, 2016.
- S. 19Section 19 makes drug-related offenses cognizable and restricts bail for such offenses.
- S. 20Section 20 allows courts to release certain offenders on probation for medical treatment instead of immediate imprisonment.
- S. 21Section 21 authorizes magistrates and empowered officers to issue arrest warrants and search warrants for controlled substances offenses.
- S. 22Section 22 authorizes certain government officers to enter, search, seize, and arrest without a warrant if they suspect a drug offense.
- S. 23Section 23 empowers officers to seize drugs and related evidence, and arrest individuals suspected of violating the Act in public places.
- S. 24Section 24 authorizes officers to stop, search, and examine conveyances suspected of transporting controlled substances.
- S. 25Section 25 outlines conditions for searching individuals under the Mizoram Drug Act, including specific protocols for female searches.
- S. 26Section 26 outlines procedures for informing arrested individuals of their arrest grounds and forwarding them to appropriate authorities for disposal.
- S. 27Section 27 outlines procedures for the disposal and inventory preparation of seized controlled substances in Mizoram.
- S. 28The section empowers the government to grant police station-in-charge powers to drug control and excise officers for investigating offenses under the Act.
- S. 29Section 29 mandates police to secure and hold seized items pending magistrate's orders.
- S. 30Section mandates officers from different departments to assist each other in enforcing the Act.
- S. 31Section 31 mandates reporting of arrests and seizures under the Act to superior officials within 48 hours.
- S. 32Section penalizes vexatious or unnecessary searches, seizures, and arrests by authorized officials under the Act.
- S. 33Section penalizes officers for failing in duties or aiding in violations of the Mizoram Drug Act, with fines and imprisonment.
- S. 34Section 34 mandates confiscation of substances, articles, documents, animals, or conveyances used in drug offenses.
- S. 35Section 35 allows for the confiscation of any items used to hide controlled substances under the Act.
- S. 36Section 36 allows confiscation of proceeds from the sale of controlled substances in Mizoram.
- S. 37Section 37 outlines the procedure for deciding and ordering confiscation of seized items under the Mizoram Drug Act.
- S. 38Section 38 provides immunity from prosecution for drug addicts who voluntarily seek and complete treatment.
- S. 39Power to call for information, etc
- S. 40Section 40 protects officers from being compelled to disclose sources of information about offenses under the Act.
- S. 41Section 41 protects officials from legal action for actions taken in good faith under the Act.
- S. 42Section 42 authorizes the government to establish and manage centers for drug addiction treatment and rehabilitation in Mizoram.
- S. 43Section 43 empowers the Government to create rules for implementing the Act and requires them to be presented to the State Legislature.
- S. 44The section allows the State Government to issue orders to resolve difficulties in implementing the Act, but only within two years of its commencement.
- S. 45Section 45 ensures the Mizoram Drug Act complements, not overrides, other existing laws regulating the same matters.