Repealed or not in force · As amended up to 2026-08
31. No Magist1:ate shall try an offence under this Act unless he is a Pre~idency Magist.rate or a Magistrate of the first class, or a Magistrate `UP` the second class specially empowered by the Local Government in this behalf.
J~risdictionW try offences.
Pr~eumptionl 32. I n trials under this Act it may be presumed, unless from possession of ificitarticles. and until the contrary is proved, that the accused has committed an offence under Chapter I11 in respect of-
Pr~eumptionl from possession
(a) any dangerous drug ;
(b) any poppy or coca plant growing on any land which. he has cultivated;
(c) any apparatus specially designed or any group of utensils specially adapted for the manufacture of any dangerous drug ; or
(d) any materials which have undergone any process, towards the manugacture of a dangerous drug, or any residue left of the materials from which `a.` dangerous drug has been manufactured,
for the possession of which he fails to account satisfactorily.
~iabllity .of `,33.` (I) Whenever any offence has been committed which illlcit art1ciw%& toconmcation. is punishable under Chapter 111, the dangerous drug, materials, apparatns and utensils in respect of which or by means. of which such offence has been committed, shall be liable to confiscation.
~iabllity .of illlcit art1ciw%&
(2) Any dangerous drug lawfully imported, transported, manufactured, possessed, or sold along with, or in addition to, any dangerous drug which is liable tp confiscation under sub-section (I), and the receptacles, packages and coverings in which any dangerous drng, materials, apparatus or utensils liable to confiscation under sub-section (I) is found, and the other contents, if any, of such receptacles or packages, and the animals, vehicles, vessels and other conveyances used in carrying the same, shall lilrewise be liable to confiscakion :
Provided that no animal, vehicle, vessel or other conveyance shall be liable to confiscation unless it is proved that the owner thereof knew that the offence was being, or was to be or was likely to be, committed.
Source: India Code