DRUG CONTROL ACT, 20

Laws made to regulate drugs, reduce supply and demand, prevent abuse and smuggling, and make provisions for the treatment and rehabilitation of drug addicts.

Since it is expedient and necessary to enact a new law relating to the control of drugs, in order to control the drug, reduce supply and demand, prevent misuse and smuggling, and other relevant matters, including the time-consuming law of the treatment and rehabilitation of drug addicts;

Therefore, the law is hereby made as follows: –

The first chapter is

introductory

Short title and introduction

  1. (3) This Act shall be called the Drug Control Act, 20.

(2) This Act shall come into force from the date the Government determines, by notification in the Official Gazette.

S.R.O., No. 42-Act / 25, dated December 1, 27, 8th, according to 1 Poush, 128th Bengal, on 26th December, 26th.

Definition

  1. Unless there is anything repugnant in the subject or context, in this Act, –

(1) ‘Department’ means the Directorate of Alcohol Control established or established under section 4;

(2) ‘Agonist’ means an object that is similarly effective in producing a psychotic reaction that causes addiction, despite having no similarly structured substance to the chemical composition of the drug mentioned in the schedule;

(4) “Analogue” means an object not included in the test, whose chemical organization is similar to the chemical organization of a drug under the test, and whose psychoactive activity is similar to that of an addict;

(3) ‘Alkaloid’ means any substance referred to in the Schedule or any substance obtained by chemical analysis from a drug whose psychotic reaction is similar to that of the main intoxicant or intoxicant;

(3) “Alcohol” means any organic compound containing hydrocarbon (OH-) hydroxyl or any liquid substance referred to in serial numbers 1 and 2 of class A drug B, and “C” of class I drug;

(3) “isomer” means any one of two or more homologous substances, which are formed by the same material at the same proportional rate, but there are several qualitative differences due to the variation of the atomic structure;

(3) “Production or processing” means the collection, purification, chemical composition and analysis, manufacture, manufacture, dissolution or mixing of any substance with any substance, any other intoxicant, or any by-product or compound thereof or derived from it. Or any substance produced (whereby the substance exists with its chemical properties and ability to cause psychological reactions) Convert it to any alkaloid, salt, isomer, analog, or agonist, whether in commercial name or form, whether in shape or size, or to subdivide and dissolve it in certain quantities and quantities;

(4) ‘Wash’ means any mixture of alcohols produced by combining sugar or whitish or any cellulose-containing substance with water and other materials;

(4) ‘A’ class drugs, ‘B’ class drugs, and ‘C’ class drugs, which are mentioned in the schedule ‘A’, ‘B’ and ‘C’ drugs respectively;

(3) ’empowered officer’ means any officer referred to in section 28;

(3) ‘cultivation’ means the planting, planting, planting, cultivation, production of seedlings of any plant which may be a source of intoxicants, and from there the collection of raw materials, materials, materials;

(12) ‘physician’ means the recognized medical practitioner and accredited medical practitioner, respectively as defined in Sections (16) and (18) of section 2 of the Bangladesh Medical and Dental Council Act, 2010 (Act No. 61 of 2010); And Registered Veterinary Practitioner as defined in Section 2 (g) of the Homeopathic Degree from the University recognized and recognized by the Bangladesh Homeopathe Practitioners Ordinance, 1983 (Ordinance XLI of 1983);

(4) ‘Schedule’ means any Schedule attached to this Act;

(3) ‘possession or possession’ means the preservation, warehousing, display, possession or possession of anything by any person on the limbs, clothing or ownership or ownership, or control, of any person or entity in the knowledge of any substance or material or object;

(4) “Control Delivery” means a special investigation technique designed to identify persons involved in a drug offense, in accordance with a law enforcement agency (government) capable of investigating the illegal or suspicious shipment of a drug, its source, ingredient or mixture. And supervised transport and delivery or transfer to the destination From source to destination through the end of all of the drugs involved in the arrest of all criminals;

(3) ‘Permit’ means any permit granted under section 4 of this Act;

(3) ‘pass’ means any pass under section 3 of this Act;

(3) ‘rehabilitation’ means any activities or programs through which a drug addict is established in normal family and social life;

(3) “Precursor Chemicals” means the number 1 of the Class A drug in the Schedule, and from time to time, any Precursor Chemicals declared by the Government by Government Gazette, which may be misused as a substance or material for the manufacture of drugs.

(23) “Criminal Procedure” means the Code of Criminal Procedure, 1898 (Act V of 1898);

(25) ‘Vehicle’ means any type of vehicle, including aircraft, motor vehicles, ships and trains;

(22) ‘forfeitable goods’ means any product or substance or drug referred to in section 28;

(20) “Rule” means any rule made under section 4;

(20) ‘beer’ means any other alcoholic beverage containing 1.5% (0.5 percent) alcohol prepared in breweries in the brewing process with malt and hops;

(20) ‘Brewery’ means the establishment, machinery, factory or center of any liquor-producing substance of beer or beer quality;

(23) ‘person’ means any company, institution, statutory authority or similar association, association;

(20) ‘management’ means any form of prescribed medicine, or rules of use, or guidelines prescribed by a physician recognized by BMDC for the purpose of curing the disease;

(25) ‘Director General’ means the Director General of the Department;

(21) “intoxicant” means-

(a) any product mentioned in the first schedule; Or

(b) any other product, including those containing alcohol, when mixed, mixed, or dissolved;

(3) ‘drug offense’ means any offense punishable under this Act;

(4) ‘drug addict’ means any person who is physically or mentally dependent on the drug or uses or consumes the drug in practice;

(12) ‘drug addiction treatment center’ means any drug addiction treatment center established or declared in the public sector or approved by the private sector under this Act;

(3) “Magistrate Court” means a Judicial Magistrate Court who is authorized to prepare a case relating to a crime and send it to a trial court;

(3) ‘License’ means a license granted under section 4;

(4) ‘Asset’ means any immovable object, copyright, goodwill, authority, power, title, partnership, or any other matter which is valued at exchange; And

(3) “Tribunal” means the Drug Offenses Tribunal, established or determined under section 4, which has the power to prosecute narcotic offenses transmitted by a Magistrate Court.

Law prevails

  1. Whatever the law may be for the time being in force, the provisions of this Act shall prevail.

Second Chapter

Establishment of Directorate, etc.

Department of Drug Control

  1. The Directorate of Narcotics Control, established under section 4 of the Drug Control Act, 1, shall be as effective and effective as it has been established under this Act.

Head Office of the Department

  1. (3) The Head Office of the Department shall be in Dhaka.

(2) The Government may, if necessary, establish a subordinate or branch office of the Directorate at any place in the country.

Functions of the Department

  1. The functions of the Department shall be as follows: –

(a) to take necessary measures to prevent any potentially harmful reaction to the drug;

(B) conducting any research or survey to collect all drug related information;

(C) taking measures related to the production, supply, use and control of narcotics;

(D) taking necessary measures for the treatment and rehabilitation of drug addicts;

(E) taking necessary educational and promotional activities to increase public awareness of the ill effects of alcoholism;

(F) establishing contact with all the ministries and agencies concerned in the matter of narcotics and coordinating all such activities;

(G) to take any measures necessary to perform the above-mentioned duties and duties; And

(H) any other duty conferred upon him by the Government from time to time.

Director General

  1. (3) The Director shall have a Director General and he shall be the Chief Executive of the Department.

(2) The Director General shall be appointed by the Government and his terms of service shall be fixed by the Government.

Employee recruitment

  1. Other terms and conditions of employment, including the number of employees required, the appointment, promotion and promotion shall be determined in accordance with the organizational structure approved by the Government for the smooth functioning of the Department of Government.

Chapter 3

Drugs Prohibition and Control (License, Permit or Pass)

Production of drugs other than alcohol, etc., is prohibited

  1. (3) any product or plant which is used for the production or processing of other drugs or drugs other than alcohol, –

(a) cultivating, producing or processing, carrying, transporting or transferring; And cannot be imported or exported;

(B) supply, marketing, purchase, sale, transfer, transfer, accept, transmit, transact, auction, hold, hold or possess, preserve, warehouse and display;

(C) not be used, applied or used; And

(d) no attempt or initiative to invest, finance, establish or manage an institution or sponsor it, or make false declaration, for any of the purposes set forth in clause (a) to (c).

(2) of any precursor chemicals that may or may not be used as a drug’s substance or substance-

(A) production or processing; Carry, transport or transfer; And cannot be imported or exported;

(B) supply, marketing, purchasing, selling, transferring, delivering, receiving, transmitting, transacting, auctioning, holding, possessing or possessing, preserving, warehousing and displaying;

(C) not be used, applied or used; And

(d) no attempt or initiative, investment in money, establishment or management of an institution, or sponsorship of it, or false declaration, shall be made for any of the purposes set forth in clause (a) to (c).

(3) Notwithstanding anything contained in sub-clauses (1) and (2), any drug, product or plant or precursor chemicals used in the manufacture of any drug approved under any law, use in the industry, medical, scientific research, or any other approved by the Director General. it is necessary for legal proceedings under this Act pradatta

(a) a license, cultivation, production, processing, carry, transport, transfer, import, learn Not, supply, marketing, purchasing, sales, retention, or possession of the right, transported, stored, displayed, or may be used;

(B) may be used, applied or used in the permit; And

(c) be transported or transported by passenger:

Provided that in carrying out any provision of this Act, in the manner prescribed by the Rules, any member of a law enforcement agency empowered to carry, transport, hold, possess or occupy any of the objects mentioned in the test on the basis of reasonable and valid documents or proof of logic. , Warehouse, display, transfer, delivery, acceptance, dispatch, auction, delivery Each bilibandeja, etc. Nothing in this section shall not apply to the case.

(3) A warning letter on the dangers of misuse of wrapping and labels of intoxicants produced, processed and imported under sub-section 1 must be printed in print or printed.

(4) In the case of the preservation, carrying, transporting, application and use of drugs to be used as prescribed quantity, by the Government, by notification in the Official Gazette, if any, in emergency care of any vessel, airplane, or ground required for emergency treatment on passenger transport. Nothing in this section shall apply.

Restrictions on alcohol production, etc.

  1. (3) No person may perform any of the following functions without a license, permit or pass, namely: –

(a) establishing a distillery or brewery;

(B) the production or processing of any alcohol;

(C) carry, transport, import or export any alcohol;

(D) supply, marketing, purchase or sale of any alcohol;

(E) the possession, right or possession of any alcohol, preservation, warehouse or display;

(F) the consumption, use and use of any alcohol;

(G) the use of any alcohol as a drug preparation material; And

(h) to take any attempt or initiative for the purposes mentioned in clause (a) to (g), to invest money, establish an institution, operate, sponsor it, or give false declaration (misdeclaration).

Explanation: For the purpose of this sub-section, the word ‘distillery’ shall mean any establishment or factory of alcohol production.

(2) Notwithstanding anything contained in sub-section (1), the carrying, transporting, retention of alcohol on the basis of reasonably reasonable and valid documents or proof of logic in the discharge of any duty of any law-enforcement body to a member of a law-enforcement agency. , Rights or occupations, reserves, warehousing, display, transfer, delivery, acceptance, dispatch, auction, etc. Re, nothing in this section shall apply.

Restrictions on alcohol, etc.

  1. (3) No person shall drink alcohol without a permit, and without the written permission of a civil surgeon or any other associate professor of a government medical college, a Muslim may be permitted to drink alcohol without medical permission.

(2) In the case of drinking hay and pachi by the mochi, methor, dom, tea workers and small ethnic groups, and by drinking small liquids traditionally made or prepared by small ethnic groups in Rangamati, Bandarban and Khagrachari hill districts and other regions. (4) Nothing of this shall apply.

(3) Notwithstanding anything contained in sub-section (1) –

(a) that foreigners and foreign nationals living in a licensed bar may drink alcohol; And

(B) Nothing shall apply to the import, export, purchase, carrying, storage or storage of alcohol by foreign nationals holding diplomatic passports, such as pass book holders or customs baggage rules granted by the customs authorities.

(3) All duty-free activities related to alcohol shall be performed in a licensee licensed under this Act.

Restrictions on the administration of drugs

  1. (4) No person other than the physician may administer the drug as an intoxicating drug.

(2) No more than once intoxicants may be purchased on the basis of the arrangement provided under sub-section (1).

Licenses, etc.

  1. (4) The license, permit and pass may be granted by the Director General or any officer authorized by him for such purpose, in the form, terms, conditions and fees payable in the manner prescribed.

(2) The term of the license, permit or pass shall remain in force for the time specified in the terms specified therein or until the date of its issuance till the expiry of the corresponding financial year:

Provided that, if any license or permit has not been renewed consecutively for three (three) years. Will not be eligible

Prohibition on the issuance of licenses, etc.

  1. Notwithstanding anything contained in this Act, no person shall be entitled to obtain a license or permit if –

(a) he is convicted of a crime of moral turpitude and sentenced to a term of three (three) months and five (five) years after his release. If the period has not passed, or a fine of more than five (five hundred) rupees is incurred and the expense of the penalty is not expended for five (five) years;

(B) he is punished for any crime; And

(c) he breaches any of the terms of the license or permit and hence his license or permit may be revoked.

Action against breach of license, etc.

  1. (5) If a person breaches a license, permit or pass, the licensee, permit or pass-issuing officer –

(a) for the first time in breach of the condition, by taking affidavit or acquittal by affidavit not to violate such condition in future from the accused. (A) may settle the allegation by paying a fine of Tk.

(B) in case of a second violation, the license, permit or pass may be canceled.

(2) If any forfeiture of goods is seized from the possession of a person for alleged breach of license, permit or pass condition, and if that person’s complaint is settled in accordance with the provisions of sub-section (1) (a) and such person is intoxicated. Or if you are legally authorized to preserve the material, the detained officer may, upon approval of the officer who controls it,

Licenses, etc. revoked

  1. (4) Notwithstanding anything contained in this Act, if a person breaches any of the licenses, permits or conditions of the pass, or if a license, permit or passer-by is convicted of an intoxicant offense, the license, permit or pass-giving officer shall cause him. May revoke its license, permit or pass by providing the opportunity to demonstrate.

(2) If a person is offended by an order made under sub-section (1) within thirty (thirty) days from the date of receipt of the order-

(a) if the order is made by an officer subordinate to the director general, then appeal to the director general. Can do; And

(b) if the order has been issued by the Director General, it may appeal to the Government.

(3) The judgment of the appellate authority referred to in sub-section (2) shall be final and no case may be filed against any court.

Temporary suspension of licenses, etc.

  1. (4) If it appears to an officer issuing a license, permit, or pass, that any license, permit or condition of the pass issued by him is not properly complied with, the officer shall, by written order, subject to any other action under this Act, in connection with the license, permit or The pass may be temporarily suspended for a maximum period of six (sixty) days.

(2) If a person becomes irritated by an order made under sub-section (1) within thirty (thirty) days from the date of receipt of the order-

(a) if the order is made by an officer subordinate to the director general, then appeal to the director general. Can do; And

(b) if the order has been issued by the Director General, it may appeal to the Government.

(4) The judgment of the appellate authority referred to in sub-section (2) shall be final and no case may be filed against any court in that regard.

Certain licenses are restricted

  1. (4) No person shall be licensed to carry a firearm or vehicle if any person is punished in any section other than section 4 and if he has any such license, he shall be terminated.

(2) If the license of a person under sub-section (1) is revoked, he or the caretaker or guardian in the field shall submit the license to the licensing officer or the nearest police station within fifteen (fifteen) days from the date of cancellation and if the license is for firearms. If that is the case, then the firearm must be deposited with it.

Ability to temporarily close a liquor store or bar

  1. (4) No liquor store or barn shall be closed without the approval of the Director General:

Provided that, if the District Magistrate or the Commissioner of Police is satisfied that any liquor store or bribe is required to be closed temporarily in any area under him, If this is the case, he may, by written order, close the shop or barn for a period of not more than thirty (30) days. May ite.

(2) In the case of special emergency, with the prior approval of the Director General, he may extend the term for another three (thirty) days.

(3) A copy of any order issued under sub-sections (1) and (2) must be sent immediately to the Director General for his notice.

Chapter four is

the anti-narcotics powers

Ability to enter, etc.

  1. Subject to the rules of the General Director or an officer empowered to be general or specially authorized by him, –

(a) may enter and inspect at any time any place where the drug is manufactured or warehousing or licensed;

(B) may enter and inspect the shop at the time of opening of the shop, at the store where the liquor is prepared or stored for sale on the license;

(C)Examine the accounting or registration records – (a ) in the place or store mentioned in clauses (a) and (b) ;

(Ii) may inspect, weigh and measure intoxicants, drug preparation equipments, machinery and equipment;

(E) may seize any of the items mentioned in sub-clause (a) and (a), if found illegal or defective.

Ability to arrest or arrest in public places, etc.

  1. If any authorized officer has reason to believe so in any public place or on a moving vehicle, –

(a) any document containing anti-narcotic or confiscatory material or any intoxicant evidence of criminal offense shall be preserved, if he or she has a similar belief. Search the drug, the substance or the document Stop; And

(b) if the narcissist has committed a crime or is a person involved in the crime, he may, after recording the reason for his belief, arrest him by arresting him on receipt of the document.

Methods of searching, etc.

  1. Unless there is something different in this Act, the provisions of the Criminal Procedure Code must be followed in respect of all warrants, searches, arrests, crooks, confiscations and detentions issued for the purposes of this Act.

Ability to search, etc., without a warrant

  1. (4) The Director-General or any officer of the General or specially empowered officer, or a Sub-Inspector of Police, or an Inspector of Customs or an officer of the same or any officer of the Border Guard, or the Lance Coast Guard of Bangladesh’s office or beyond. Or, moreover, to believe in such an officer If there is any reason that an intoxicating crime has been committed, committed, or is suspected to have occurred at any place, he may record the cause of such conviction without a license premise, at any time –

(a) by entering and searching the place and intercepting the entry, Take any necessary measures, including breaking doors and windows to remove obstacles;

(B) may seize or seize intoxicants or objects used under the Act for the purpose of carrying out drug offenses found at the premises, or seize any documents, documents or materials which may be used to prove a drug offense;

(C) the body of any person present at that place may be searched; And

(d) arrest any person present at the place on suspicion of having committed or committed an intoxicant offense.

(2) Notwithstanding anything contained in sub-section (1), if the person does not enter into a search within a period of time from sunset to sunrise, any substance related to intoxicating crime shall be destroyed or disappeared or the perpetrator fled. If any of the officers mentioned has a valid reason to believe, he shall record the cause of such trust within that time. May enter and search.

Special tests for body searching

  1. (4) If an officer has sufficient reason to believe that a person has concealed intoxicants in any part of his body while conducting an investigation or search under this Act, he may, on the basis of such belief, record the X-ray, ultrasonogram, Do endoscopy, colonoscopy or any other type of essential examination, including blood and excreta. To commit himself to provide for the instruction may indicate the provider and the command of an officer, and he may take all measures to comply with an order made.

(2) If the presence of an intoxicant is detected in the limbs of a person after examination under the provisions of sub-section (1), he shall, if applicable, be arrested for the offense punishable by serial number 1 of the table of section 3, or from 1 to 24 of the offense. Will go

(3) If there is any evidence of any person taking, serving, using or applying any intoxicant after examination under the provisions of sub-section (1), and if it is in clause (c) or sub-section of sub-section (1) of section 4 – If the person is found to be in violation of clause (c) of section (2) or section 1 (f) of the Act, the person is arrested for drug offenses punishable by the serial numbers 1, 23, 20, 29 or 5 of Article 5. S may be.

(4) In order to identify the drug addict, the Dope Test may be done in the manner prescribed by the Rules. If the Dope Test is positive, then action can be taken in accordance with Article 1 (3).

Inform the Senior Officer of detention, etc.

  1. In the event of arrest or seizure of a person under this Act, the arresting or detaining officer shall notify his superior officer in writing of the matter and shall forward a copy of the report to the Director General.

Seizable drugs, objects, etc.

  1. (4) In the event of an intoxicant offense, any offense committed in connection with or with the use of drugs, drugs, seized money, equipments, equipment, equipment, storage, utensils, containers, vehicles, or any other substance shall be seizable.

(2) If a valid intoxicant is found along with the recoverable intoxicants at the time of the crime of intoxication, then such narcotics shall also be forfeitable.

(4) If a vehicle of any public or statutory governmental authority is used for committing an intoxicating crime, it shall be confiscated and the prosecuting officer may, in the interest of public works, furnish the vehicle to the concerned controlling officer, if so.

(3) The seized drugs shall be destroyed by order of the Magistrate’s Court or, as the case may be, the Tribunal.

Forfeiture method

  1. (4) If, in the case of a narcotics offense, a magistrate court or tribunal concludes, any item seized is forfeited, it shall be, that magistrate court or tribunal, whether the crime is proved or not Will provide;

(B) make necessary decisions regarding the seizure of the substance if the substance is not intoxicated; And

(c) to seize the proceeds of the sale of drugs and to order that money be deposited in the public treasury.

(2) If in any case a seizure of confiscated material is found but the offender thereof is not found, then the Director General or any officer empowered for such purpose, who shall be the superior officer of the confiscating officer, may, by written order, seize it.

Provided that such a forfeiture order is up against the seizure before the order is issued Ti opportunity for giving notice shall be in the manner prescribed by law and within the time specified in the notice, from the date of issuance of the notice at least 15 (fifteen) days shall be, shall be given a reasonable opportunity of being heard objections utthapanakarike.

Settlement or disposal of seized and seized narcotics and goods

  1. (3) If confiscated by any officer of the Directorate of narcotics or narcotics, immediately upon the order of confiscation of any narcotic drug or commodity, he shall be assigned to the Director General or to the officer authorized by him for such purpose, and shall be bound by such authority. It will arrange for the use, transfer, destruction or settlement or settlement in any other way.

(2) If the seized drugs or goods are seized by any other agency authorized under this Act, then the confiscation order shall be transferred to the detaining agency and the detaining agency shall be delegated by the magistrate’s court or tribunal in the presence of the director or his agent in the manner prescribed by it. Or in some other way The may bilibandeja.

(3) All authorities and officers authorized to arrest, confiscate and dispose of any intoxicant or substance under this Act shall submit to the Government an annual report on the disposal of all narcotics and substances under this Act.

Provision regarding arrested persons and detained goods

  1. (4) If any officer, other than a Director-General or any police officer authorized by him, or seizes any object, he shall immediately arrest the arrested person or the arrested object as the officer in charge of the concerned police station or the officer in charge of the police station. Will do

(2) The officer to whom a person or object is to be transmitted under sub-section (1) shall take appropriate action on such person or object as soon as possible, and if the seized drugs or goods are excessive or of great value, or for preservation. If it is inconvenient or risky, then the investigating officer will be required to submit the application to the Magistrate’s Court or Tribunal. Tikrame the appropriate sample and evidence preserved cargo of drugs or alcohol or substance left over in the manner prescribed by law, or any other kind of destruction and the fact that the magistrate court or tribunal may bilibandeja shall inform immediately.

(4) Notwithstanding anything contained in this section, if any immediate disposal of any drug or substance seized under this Act is necessary or it is ineligible to be transported or transported, the appropriate evidence and quantitative indicator of the said substance or substance by the detaining officer. Transfer, destroy, or otherwise dispose of residual intoxicants or substances Ilibandeja may be.

Power to investigate the Director General

  1. (4) The acting officer of the police station shall have the power to investigate crime under this Act.

(2) The Government may, by notification in the Official Gazette, grant the authority of an officer in charge of the police station to investigate any crime under this Act.

Deadline for drug crime investigation

  1. (4) No matter what the criminal procedure is, a drug offense investigation-

(a) if the accused person is arrested by the police for carrying out a drug offense or by a person authorized by this law , the matter is transferred to a magistrate court. Must be completed within 3 (thirty) business days from the date of acquisition;

(B) If the accused person is not caught in the hands of the narcotics offenses, then obtain the preliminary information regarding the offense of narcotics or, in the case, the order of the inquiry issued by the Director General or the officer authorized by him or the Magistrate’s Court or any other authority thereof (on the date of inquiry). Must be completed within a working day; And

(C) If there is an arrested and abducted person in the same case, the investigation of such case shall be completed in accordance with sub-section (1) (b).

(2) If for any reasonable reason an investigation cannot be completed within the time specified in sub-section (1), the investigating officer shall record the cause and complete the investigation of narcotic offenses within an additional five (fifteen) business days, and in the case specified by his controlling officer or, in the field. , The Director General of the Inquiry Order or an officer authorized by him Or the magistrate court or any other authority concerned shall inform in writing.

(3) If the inquiry is not possible within the time limit mentioned in sub-section (2), the officer conducting the inquiry shall, in the field, his controlling officer, or in the field, investigate the failure of such inquiry within 24 (24) hours after the expiry of such time limit. The Director General or an officer authorized by him or a magistrate court or other concerned Who shall notify the Authority in writing.

(3) After being notified that the investigation is not done under sub-section (1), the controlling officer or the director general of the field, the order directing the investigation, or the officer authorized by him or the magistrate or any other authority concerned shall transfer the investigation to such officer. And then hand over the investigation of any narcotics offense Said the officer in charge of the investigation

(A) if the accused person is caught by the police in the course of committing the crime of narcotics or is arrested by another person and handed over to the police, the investigation shall be completed within the next five (fifteen) business days from the date of receipt of the order; And

(b) in other cases shall complete the inquiry within three (thirty) business days from the date of receipt of the order.

(4) If the investigation is not completed within the timeframe mentioned in sub-section (1), if the investigating officer is not completed within that timeframe, then the concerned investigating officer shall not complete such inquiry within twenty-four (24) hours after the expiry of that time. Neither his controlling officer nor, in the field, the director general of the inquiry order nor his Cot empowered officer or magistrate court or any other authority concerned shall inform in writing.

(3) In the event of an inquiry not being completed within the time specified in sub-section (2) or (3), after reviewing the report relating to the interpretation, the controlling officer or the director general, or the officer directing the inquiry, or the officer authorized by him or the magistrate court or concerned. If any other authority concludes that within the stipulated time,

Transfer investigation of the case

  1. If the Director General requests in writing, any inquiry submitted by the Directorate of Narcotics under this Act and any case investigated by an officer of the Directorate, the Investigating Authority shall hand over the investigation to an officer designated by the Director General, and he shall hand over the same to the officer. That stage At that stage of the investigation has been handed over to the conduct of the investigation and after investigation, may take appropriate action.

Audit and deactivation of bank accounts, etc.

  1. (4) If the Director General or the investigating officer has sufficient reason to believe that a person is engaged in the collection of illicit money and wealth by being involved in a drug offense and his bank account or income tax or property tax is levied against such person for the purposes of this Act. Relevant records need to be checked, if that is the value of the investigating officer Laundering Prevention Act, shall take action in accordance with 01.

(2) The Investigating Officer shall be deemed to be the Investigating Officer for the control of the related narcotic offenses (illicit drugs and drug paraphernalia) referred to in sub-section (sha) of the Money Laundering Prevention Act, 2012, and shall have the money earned through the illegal drug trade or According to the Money Laundering Prevention Act, 202 regarding the assets, you can take further activities including investigation.

(4) If necessary, the investigating officer shall, in writing to the magistrate court or tribunal for the purpose of conducting such audit or record-keeping examination or freezing of the bank account or scrutinizing the assets, by recording the reasons for such trust as mentioned in sub-section (1). Can apply.

(3) The magistrate court or tribunal shall, after reviewing the application submitted under sub-section (1) and granting the applicant the opportunity of hearing, and if he considers the requested permission to be reasonable, shall grant the permit and a copy thereof by the concerned bank, Pass it to the tax officer or the concerned authorities.

(3) The officer authorized under sub-section (1) shall inform the Magistrate Court or Tribunal of the time of the progress and results of its examination.

Transfer of property, etc. is prohibited

  1. (4) In the course of investigating an intoxicant offense, if the investigating officer has sufficient reason to believe that the property acquired by the person has been possessed by the crime, it may, by reason of such belief, be registered for sale, mortgage, transfer or other transfer of such property. He is a magistrate, ordering a ban until it is finished You can appeal to a court or tribunal.

(2) By reviewing the application submitted under sub-section (1) and granting a reasonable opportunity to hear the petitioner and the person against whom the application has been made, the magistrate court or tribunal shall settle the application and if he deems the order of the petition to be reasonable, he shall Provide the requested order:

Provided, of 3 (three) months after the investigation is completed, the magistrate court or tribunal of the applicant officer on the application of the time not more than three (3) months, he prayed to make that order:

Provided further that, on both sides of the bench, the application nispattisapekse special reason It is the matter of a magistrate court or a tribunal applying only to the applicant The temporary order may be issued.

(3) If the complainant appeals in this case during a case filed for an intoxicant offense, the accused person will need to confiscate his property if he is found to be a drug offender and hence his sale, mortgage, transfer or any other transaction will not be settled until the case is settled. An injunction is required to be issued, if that is the case After giving the parties a reasonable opportunity of being heard or tribunal, where necessary, shall make such an order.

Secret charges and controlled deliveries

  1. (3) Subject to the agreement or agreement signed by Bangladesh with sub-section (2) and any foreign state, the written approval of the regulated bill, for the purpose of collecting evidence in Bangladesh or elsewhere, under the law of this Act or any similar law of a foreign state. Can provide.

(2) Approval shall not be granted under sub-section (1), unless the Government-

(a) suspects a person whose identity, whether known or unknown, is engaged in any such act or Resided or took initiative to count as a drug offense under this Act or any similar law in a foreign state; And

(B) It is hereby satisfied that the system of controlled delivery is prescribed such that the person has the opportunity to disclose his work or to obtain any other evidence relating to the operation.

(3) The Government may, from time to time, grant such approval for a maximum period of three (three) months.

(3) Notwithstanding the totality of sub-section (1), any person sanctioned under that sub-section shall perform the following functions, during controlled delivery and undercover operations, and for the following purposes, namely: –

(a) a vehicle entering Bangladesh or Leaving Bangladesh;

(B) to supply or collect intoxicants to any vehicle;

(C) to use reasonable force as per the circumstances to enter and search a vehicle;

(D) the installation of a Tracking Device in a vehicle; And

(E) to allow the person who remains in possession or into custody of drugs to enter or leave Bangladesh.

(4) Notwithstanding anything contained in any other law for the time being in force, any authorized person participating in a secret operation or controlled bill shall not be liable for any intoxicating offense for participating in such operation or controlled bill.

The fifth section is

Crime and Punishment

Penalties for violating the provisions of Articles 3 and 5

  1. (4) If a person violates any of the provisions of Articles 3 and 5 of any of the drugs mentioned in the second column of the following table, he shall be punished with the penalty mentioned in column 1 of that table, namely: –

Table

Serial

Name of the drug and description of the crime

Type of bar

(১)

(2)

(৩)

2.

 

Violation of clause (a) of sub-section (1) of section 4 of the Opium Poppy Tree, listed in Class A of the first test.

(A) if the number of trees is not more than 5, the maximum of one (one) year, up to five (five) years imprisonment and fine;

(B) if the number of trees above and above 5 is not more than 5 (five) years, imprisonment for a period of not more than five (ten) years;

(C) The maximum number of trees is up to five (ten) years, and up to 5 (fifteen) years imprisonment and fine.

2.

Violation of clause (b) of sub-section (1) of section 4 of Opium Poppy No. 1, which is classified as ‘A’ of the first Schedule.

(A) if the number of fruits is not more than 5, but not more than one (one) year, up to five (five) years imprisonment and fine;

 

(B) if the number of fruits is above five and above five (fifty), but not more than five (five) years, up to five years imprisonment and fine;

(C) If the number of fruits exceeds 5 (five hundred), the imprisonment shall be for a period of not more than ten (ten) years, and up to five (fifteen) years.

2.

Violation of clause (b) of sub-section (1) of section 4 of Opium Poppy Seed in Class A of Class A of the first test.

(A) the quantity of seeds suitable for germination if the gram is above 5 grams, imprisonment for a period of no more than 5 years, and up to 5 (five) years;

(B) the quantity of seeds suitable for germination up to 5 grams and up to 5 (fifty) grams, if not more than 5 (five) years, up to 5 years imprisonment and fine;

(C) The amount of seeds suitable for germination if the seed is above 5 (fifty) grams

, imprisonment for a period of no less than 5 years, up to 5 (fifteen) years.

2.

Violation of clause (a) of sub-section (1) of section 4 of the Coca Tree or coca herbs listed in class 2 of the first test.

(A) if the number of trees is not more than

5, but not more than 5 years, up to five (five) years imprisonment and fine;

(B) if the number of trees is above 5 and above five, not more than 5 (five) years, up to

5 years imprisonment and fine;

(C) If the number of trees exceeds 5, imprisonment for a period of not less than 5 years, up to a period of five (fifteen) years.

2.

Violation of clause (b) of sub-section (1) of section 4 regarding the coca leaf of Class 2A of the first test.

(A) if the amount of the leaf is more than 5 grams, but not more than 5 years, up to 5 (five) years, imprisonment and fine;

(B) if the amount of leaves is above 1 gram and not more than 5 grams, any additional 5 (five) years, up to 5 years imprisonment and fine;

(C) If the amount of the leaf is above 5 grams, the imprisonment shall be for a period of not less than five years, for a period of not more than 5 (fifteen) years.

2.

Sub-section (1) of clause (b) of section 4 of the Opium Fruit, which is classified as ‘A’ of the first Schedule, contains any substance produced by the emitting substance or refined, crude, or any opiate capable of producing addiction. ) Is a violation of.

(A) Opium or substance amounting to no more than

5 grams or milliliters , imprisonment for a period of not less than 5 years, up to five (five) years;

(B) the amount of opium or substance above 5 grams or milliliters and up to 5 grams or milliliters if not more than 5 (five) years, up to 5 years imprisonment and fine;

(C) Opium or substance if exceeded 5 grams or milliliters, imprisonment for a period not exceeding 3 years, for a period of not more than five (fifteen) years.

2.

Violation of clause (a) of sub-section (1) of section 4 of any of the narcotics of class A of class I of the first test.

(A) If the quantity of narcotics is not more than 5 (five) grams or milliliters, the maximum sentence is 5 years, up to 5 (five) years and fines;

(B) the quantity of narcotics up to five (five) grams or milliliters and up to 25 (twenty-five) grams or milliliters, if not more than 5 (five) years, up to five years imprisonment and fine;

(C) If the quantity of narcotics exceeds 25 (twenty-five) grams or milliliters, the death penalty or life sentence and fine.

2.

Violation of clause (b) of sub-section (1) of section 4 of any of the narcotics of class A of class I of the first test.

(A) If the quantity of narcotics is not more than 5 (five) grams or milliliters, the maximum sentence is 5 years, up to 5 (five) years and fines;

(B) the quantity of narcotics up to 5 (five) grams or milliliters and up to 25 (twenty-five) grams or milliliters, up to a maximum of 5 (five) years imprisonment and a fine;

(C) If the quantity of narcotics exceeds 25 (twenty-five) grams or milliliters, the death penalty or life sentence and fine.

2.

Violation of clause (a) of sub-section (1) of section 4 of any of the narcotics of class A of class I of the first test.

(A) if the quantity of narcotics is no more than 5 grams or milliliters, imprisonment for a period of no less than 5 years, up to 5 years;

(B) the amount of narcotics up to 5 grams or milliliters and up to 25 grams or milliliters, if not more than 5 years, up to 5 years imprisonment and fine;

(C) the death sentence or life sentence and fine if the drug is above 25 grams or milliliters.

2.

Violation of clause (b) of sub-section (1) of section 4 of any of the narcotics of class A of class I of the first test.

(A) a maximum of 20 grams or milliliters of narcotics if not more than 5 years, up to 5 years imprisonment and a fine;

(B) the quantity of narcotics up to 25 grams or milliliters and up to 5 grams or milliliters, if not more than 5 years, up to 5 years imprisonment and fine;

(C) the death sentence or life sentence and fine if the quantity of narcotics is above 1 gram or milliliter.

2.

Violation of sub-section (a) of sub-section (a) of section 4 with respect to any narcotics in the category A of class A of the first test.

(A) If the quantity of narcotics is not more than 5 (five) grams or milliliters, the maximum shall be 5 years, imprisonment for a term not exceeding 5 years and fine;

(B) the quantity of narcotics up to 5 grams or milliliters and up to 25 grams or milliliters, if not more than 5 years, up to 5 years imprisonment and fine;

(C) the death sentence or life sentence and fine if the drug is above 25 grams or milliliters.

12.

Violation of clause (b) of sub-section (1) of section 4 of any of the narcotics of class A of class I of the first test.

(A) if the quantity of narcotics is no more than 5 grams or milliliters, imprisonment for a period of no less than 5 years, up to 5 years;

(B) the quantity of narcotics up to 1 gram or milliliter and up to 5 grams or milliliters, if not more than 5 years, up to 5 years imprisonment and fine;

(C) the death sentence or life sentence and fine if the quantity of the drug is above 5 grams or milliliters.

2.

Violation of clause (a) of sub-section (1) of section 4 of any of the narcotics of class A of class I of the first test.

(A) if the quantity of narcotics is no more than 1 gram or liter, for a period of no less than 5 years, imprisonment for a term of up to five years;

(B) the amount of narcotics up to 1 gram and up to 5 kg or liter if not more than 4 years, up to 5 years imprisonment and fine;

(C) If the quantity of narcotics is above 5 kg or liter, imprisonment for a period not exceeding 3 years and fine.

2.

Violation of clause (b) of sub-section (1) of section 4 of any of the narcotics of class A of class I of the first test.

(A) if the quantity of narcotics is no more than 5 grams or milliliters, imprisonment for a period of no less than 5 years, up to 5 years;

(B) the amount of narcotics up to 1 gram and up to 5 kg or liter if not more than 4 years, up to 5 years imprisonment and fine;

(C) If the quantity of narcotics is above 5 kg or liter, for a period not exceeding 3 years, imprisonment with imprisonment and fine.

2.

Violation of clause (a) or (b) of sub-section (1) of section 4 with respect to any of the narcotics in category 1 of the first test.

(A) the amount of precursor chemicals is not more than 5 kg or liter, but for a period of no more than 5 years imprisonment and fine;

(B) the amount of precursor chemicals up to 5kg

or liter and up to 5kg

or liter if not more than 5 years, up to 5 years imprisonment and fine;

(C) Precursor Chemicals amounting to 5kg

or liter if not more than 3 years, imprisonment with imprisonment and fine.

2.

Violation of clause (d) of sub-section (2) of sub-section (1) of section 4 of a drug of type A of the first schedule.

A maximum of 3 (three) months, up to two years in prison and a fine.

2.

Violation of clause (d) of sub-section (d) or sub-section (2) of sub-section (1) or sub-section (2) of any narcotics of Class A of the first Schedule.

A maximum of 3 (three) months, up to two years in prison and a fine.

2.

Violation of clause (a) of sub-section (1) of section 4 of the marijuana or herbaceous tree listed in Class B of the first test.

(A) if the number of trees is not more than

5, then up to a maximum of 3 years imprisonment and fine;

(B) if the number of trees is above 5 and above 5, for a period of no more than 5 years, up to 5 years imprisonment and fine;

(C) If the number of trees exceeds 5, imprisonment for a period of no more than 5 years and a fine of up to 3 years.

2.

Violation of clause (b) of sub-section (1) of section 4 regarding any narcotics prepared with the marijuana or branch of branches, leaves, flowers, etc., of Class B of the first test.

(A) if the quantity of narcotics is no more than 5 kg or liter, up to 6 months, imprisonment for a maximum of 3 years and fine;

(B) the quantity of narcotics up to 5 kg or liter and up to 5 kg, if not more than 4 years, up to 5 years imprisonment and fine;

(C) If the quantity of narcotics is above 5 kg or liter, then imprisonment for a period of not less than 4 years, up to 5 years.

26.

Violation of clause (a) or (b) of sub-section (1) of section 4 with respect to any narcotics in category 2 of the first test.

(A) if the quantity of narcotics is no more than 5 kg or liter, and imprisonment for a period not exceeding 3 years, up to 5 years;

(B) if the quantity of narcotics is 1 kg or above a liter and not more than 5 kg, for a period of no more than 3 years imprisonment and fine;

(C) If the quantity of narcotics is above 5 kg or liter, for a period not exceeding

3 years, imprisonment and fine.

26.

Violation of clause (c) of sub-section (1) or sub-section (2) of section 4 of a drug with respect to any narcotic of the first class B class (other than the narcotics referred to in order 1).

A maximum of two (3) months imprisonment and a fine of up to three (three) months.

22.

Violation of clause (d) of sub-section (d) of sub-section (1) or clause (d) of sub-section (2) in respect of any narcotics of the first class B class (other than the narcotics referred to in order number 6).

Up to 5 years imprisonment and up to 5 years maximum.

26.

Violation of clause (a) or (b) of sub-section (1) of section 4 with respect to any narcotics in the order of class B of the first test.

Up to 5 years imprisonment and up to 5 years maximum.

26.

Violation of clause (c) (d) or (e) of sub-section (1) of section 4 with respect to any of the narcotics of class B of the first test.

(A) If the quantity of narcotics is no more than 5 kg or liter, imprisonment for a period of no more than 6 months (three) years and fine;

(B) the quantity of narcotics up to 5 kg or liter and up to 5 kg or liter if not more than 3 (three) years

and up to 5 years imprisonment and fine; And

(C) If the quantity of narcotics is above 5 kg or liter, imprisonment for a period not exceeding 3 years and up to 3 years.

26.

Violation of clause (f) of sub-section (1) of section 4 with respect to any narcotics in category B of class 1

Up to two months imprisonment for a maximum period of 6 months and a fine.

26.

Violation of clause (g) of sub-section (1) of section 4 with respect to any of the narcotics of class B of the first test.

Up to 5 years imprisonment and up to 5 years maximum.

26.

Violation of clause (h) of sub-section (1) of section 4 of any of the narcotics of class B of the first test.

Up to 5 years imprisonment and up to 5 years maximum.

26.

Violation of clause (a) of sub-section (1) of section 4 of any of the narcotics of class B in the first test.

Up to 5 years imprisonment and up to 5 years maximum.

26.

Violation of clause (b) (c) or (d) of sub-section (1) of section 4 with respect to any of the narcotics of class B of the first test.

(A) a maximum of 3 kg or a liter of narcotics, if any, up to 5 years and up to 5 years imprisonment and a fine;

(B) the quantity of narcotics up to 5kg or liter and up to 5kg or liter if not more than 4 years up to 3 years imprisonment and fine; And

(C) If the quantity of narcotics is above 5 kg or liter, imprisonment for a period of no less than 4 years

and up to 3 years.

2.

Violation of clause (a) of sub-section (1) of section 4 of any of the narcotics of class B in the first test.

Up to 5 years imprisonment and up to 5 years maximum.

2.

Violation of clause (b) (c) or (d) of sub-section (1) of section 4 with respect to any of the narcotics of class B of the first test.

(A) a

maximum of 3 kg or a liter if the quantity of narcotics is up to 5 years and up to 5 years imprisonment and a fine;

(B) the quantity of narcotics up to 5 kg or above a liter or a minimum of 5 years up to 5 years imprisonment and fine; And

(C) If the quantity of narcotics is above 5 kg or liter, imprisonment for a period of no less than 4 years

and up to 3 years.

12.

Violation of clauses (b) (c), (d) or (e) of sub-section (1) of section 4 with respect to any narcotics in Class I and II of the First Schedule.

(A) If the quantity of the drug is not more than 5 kg or liter, up to 5 years imprisonment and fine;

(B) the quantity of narcotics up to 5 kg or liter and up to 5 kg or liter, up to 6 months imprisonment for a period of two years and fine; And

(C) If the quantity of narcotics is above

5 kg or liter, up to 2 years imprisonment for a maximum period of 2 years and fine.

2.

Violation of clause (a) or (b) of sub-section (1) of section 4 with respect to any of the narcotics of class C of class I,

(A) a maximum of 3 kg or a liter of narcotics, if any, up to 5 years and up to 5 years imprisonment and a fine;

(B) the quantity of narcotics up to 5 kg or above a liter or a minimum of 5 years up to 5 years imprisonment and fine; And

(C) If the quantity of narcotics is above 5 kg or liter, imprisonment for a period of no less than 4 years

and up to 3 years.

2.

Violation of clause (a) or (b) of sub-section (1) of section 4 with respect to any of the narcotics of class C of class I,

(A) If the quantity of narcotics is not more than 5 kg or liter, then up to 3 years up to three (three) years imprisonment and fine;

(B) the quantity of narcotics up to 5kg or liter and up to 5kg or liter if not more than 3 (three) years

and five years imprisonment and fine; And

(C) If the quantity of narcotics is above 5 kg or liter,

imprisonment for a period not exceeding 3 years and up to 3 years.

(2) If a person commits a drug offense again after being convicted of an intoxicant offense, he shall be punished with double the maximum penalty imposed under the Act for the offense, unless the punishment of that offense is death sentence or life imprisonment.

(4) If a person commits a second offense after being convicted of a second offense for an intoxicant offense, then the penalty for that offense shall not be either death sentence or imprisonment for a term which may extend to a maximum of twenty (twenty) years imprisonment and fine.

(4) Notwithstanding anything contained in this Act, if the accused person in a magistrate court does not appear to be a drug offender other than drug addict, the court shall consider such person to be a drug addict for treatment of his or her family at any drug addiction treatment center. And if the addict is such a drug addict If he refuses to seek medical treatment, he will be sentenced to no less than six (six) months for a maximum of five (five) years in prison and a fine.

(4) If a person drinks alcohol or commits any disturbance or disturbing public peace in any kind of intoxicant, or drives while intoxicated, he shall be punished with an additional one (one) year imprisonment and fine.

(4) If the driver of a public vehicle is detained in the absence of an officer using the vehicle while transporting the drugs by the authorized officer, then legal and departmental action shall be taken against him according to the offense concerned.

Penalty for possessing machinery, etc., for use in the production of narcotics

  1. If any equipment, washer or other materials used in the production of drugs are available to a person who is not licensed or in any place occupied by him, he shall be punishable by a term not exceeding two (two) years, for a term which may extend to ten (ten) years.

Penalty for using home or vehicle, etc.

  1. If a person consciously permits the use of any house or place, place, business, vehicle, equipment, equipment or equipment or any money or property for the purpose of committing an intoxicating crime, he is sentenced to an additional five (five) years in jail and a fine. Shall be

Penalties for illegal or harassing searches, etc.

  1. If an officer conducting

a search, arrest or arrest – (a) enters and conducts a search in the name of the search without any reasonable cause for suspicion,

(b) seizes any property of a person in the name of searching for a harassing and seizure item, and

(c) ) If a person is harassed or arrested for harassment, he shall be sentenced to an additional one (one) year. Or shall be punished with a fine or with both on.

Provisions for financiers, sponsors, contributors, etc.

  1. If a person invests or provides money or provides assistance or finances in connection with a drug offense, he shall be punished in the same manner as the penalty prescribed in the relevant section.

Penalties for inciting drug offenses, etc.

  1. If a person persuades or assists in committing an intoxicant offense, or engages in a conspiracy with someone or takes any initiative or endeavor for that purpose, whether or not the intoxicant offense is committed, he shall be punished with the corresponding punishment for the offense.

The punishment for such intoxicating crimes is not provided for

  1. (4) If any person violates any provision of this Act or Rules for which there is no independent penalty, he shall be punished with imprisonment for an offense not exceeding one (one) year and fine.

(2) If any person disobeyes or hinders or obstructs in any way in the course of his duty to a member of a law enforcement agency engaged in the crime prevention of drugs, he shall be considered as aiding in the crime of narcotics crime and hence the relevant person, on the other hand, two (two) above. Shall be punished with a term of ten (ten) years, and shall be punished with fine Ebay.

The offense of drug crimes by the company

  1. If any person violating any of the provisions of this Act is a company, the owner, manager, manager, secretary or any other officer or agent of the company shall be deemed to have violated the provision unless he is able to prove that the violation was inadvertent or unlawful. He has done his best to prevent violations.

Explanation: In this section –

(a) “company” means any statutory governmental authority, commercial institution and association or organization; And

(b) in the case of a commercial organization, the ‘Director’ shall mean any of its partners or members of the Board of Directors.

Chapter VI

Establish Tribunal and Trial of Crimes

Establish Tribunal

  1. (3) For the purpose of this Act, the Government may, by notification in the Official Gazette, establish a number of Narcotics Crime Tribunals, as required.

(2) If more than one tribunal has been set up under sub-section (1), the jurisdiction of the tribunal shall specify the jurisdiction of each tribunal.

(4) In each tribunal, a judge shall be appointed from among the officers of the rank of Additional District Judge:

Provided that in a district where there is no Additional District Judge, the Sessions Judge of that district shall perform the duty of the Additional Drug Offenses Tribunal in his or her duty.

(3) Until the Tribunal is established under this section, the Government may, by notification in the Official Gazette, assign any Additional District Judge or Sessions Judge of the District concerned to the Additional Tribunal of his / her own duty.

(3) The Tribunal may sit and conduct its activities at the place or places the Government determines.

(3) In exercising its powers under this section, the Government shall accept the advice of the Supreme Court.

Power of the Tribunal

  1. (3) The tribunal shall have the power to prosecute drug offenses.

(2) The Tribunal shall be deemed to be a Judicial Sessions Court and the Tribunal may exercise the same powers as a Sessions Judge may exercise in accordance with the criminal procedure for conducting a trial.

Impunity of drug offenses

  1. Drug offenses will be a viable offense.

Provisions regarding bail

৷ ৷ (4) Subject to other provisions of this Act, an accused person shall not be released on bail if –

(a) he is not provided with the state or, in the case, the complaining party on the application for release; And

(b) that the Magistrate’s Court or Tribunal satisfied that he had reason to be guilty of the charges brought against him; Or

(c) that the magistrate court or tribunal is not satisfied that the woman or child or physically handicapped and released on bail will not obstruct justice.

(2) Upon completion of the investigation of an intoxicant offense, if the Magistrate Court or Tribunal or, in the case, the Appellate Court is satisfied on the basis of the investigation report or other information obtained in that form, it is reasonable to believe that a person is not involved in the crime, If that is the case, mention the facts and reasons related to the magistrate court or the tribunal or the court of appeal. The person may enter an order on bail release.

Special method of judging

৷ ৷ (4) In the Tribunal, Chapter 20 of the Criminal Procedure Code for the offense of narcotics offenses shall be applicable as far as it is not in conflict with this Act.

(2) Unless the maximum punishment for a drug offense is death sentence or imprisonment for a term not exceeding seven years, the trial of the case shall be settled in a brief manner and in that case Chapter 22 of the Criminal Procedure shall be followed as far as possible.

The trial is pending

৷ ৷ If the trial proceedings in the Tribunal will continue till it is finished, however, if the Tribunal is satisfied that it is necessary to postpone the trial for the sake of justice, it will be adjourned for a short period of time, which shall not exceed three working days.

Trial of other offenses involving drug trafficking offenses

৷ ৷ Notwithstanding anything contained in this Act, if any other offense, including the offense of intoxication in a trial case, involves the trial of another offense in the interest of justice, the same shall be the same with the narcotic offense under consideration, except that such offense shall be the same as the drug offense. Be judged with.

Termination of trial

৷ ৷ (4) A case in a tribunal must be completed within three (ninety) business days from the date of receipt for trial by the magistrate court.

(2) In the absence of any compelling reason for the termination of the trial within the said period, the Tribunal may record the cause and terminate the trial within an additional thirty (thirty) business days and shall notify the Supreme Court in writing, a copy of which shall be forwarded to the Government.

(3) If, for any reason, it is not possible to conclude a trial within the extended period referred to in sub-section (2), the Tribunal may record the reason thereof and extend the last five (fifteen) business days to complete the trial. Such time shall notify the Supreme Court in writing of the extension, of which a copy must be forwarded to the Government.

(3) The trial must be completed within the extended period under sub-section (1).

The prosecution of the accused child

12 9 If a child is charged with committing a drug offense, the provisions of the Children’s Act, 20 (Act 25 of 27) shall apply.

Appeal

৷ ৷ Appeals may be made to the High Court Division within thirty business days from the date of the judgment against the judgment of the Tribunal:

Provided that the time spent in obtaining the copy of the judgment shall be deducted from that time.

Application of Criminal Procedure

  1. Unless otherwise specified in this Act, the provisions of the Criminal Procedure Code shall be applicable for the investigation, investigation, trial, trial and settlement of drug offenses (FIRs) for the purposes of this Act.

Legitimation for Presumption of Drug Offenses (Presumption)

  1. If any person is found near or in possession of or controlled by any drug, the apparatus, apparatus or material necessary for the manufacture of drugs or drugs for use in the manufacture of narcotics, and if any violation of law is thereby, that person, By failing to prove differently, he said he had violated the law Shall nya.

Testimonial value of photos, recorded conversations, etc. taken on camera

  1. Notwithstanding anything contained in the Evidence Act, 1872 (Act No.I of 1872), a video or photograph of an individual or any member of the investigating agency or any other person preparing to commit or commit an intoxicating crime or loss. Hold or receive or record any conversation or discussion on tape record or disk, such video, documentary, tape or disc is a crime or loss. Lista cases shall be admissible as evidence during the trial.

Application of Mobile Court Law

  1. No matter what is different under this Act, a trial can be carried out by conducting a mobile court under the Drug Court Crimes Mobile Court Act, 24 (law no. 25).

Chapter VII

Misc

Drug charges

৷ ৷ (3) The Government may, by notification in the Official Gazette, impose a tariff on the drugs mentioned in the Schedule, and may change the tariff from time to time:

provided that if any alcohol or precursor chemicals are exported, the said drug shall be imposed on it. Not to be done.

(2) The duty imposed under sub-section (1) shall be levied by the Director General or any employee thereafter in the manner prescribed by the Rules.

Announcement of intoxicating territory

  1. (3) For the purpose of this Act, the Government may, in the public interest, consider any matter as a threat to the drug, to declare any region of the country as a special drug zone for a period of time.

(2) In the area declared under sub-section (1), the Directorate may take necessary steps or measures to prevent the crime of narcotics.

Claims for compensation, etc. are unacceptable

  1. If any owner, or any person or institution of the place where a license, permit or passer-by or an alcoholic offenses operation is being conducted due to an order made under this Act, he shall be entitled to claim compensation. And will not be able to seek any fee refunded by you .

Formulation of list of drug addicts, establishment of drug addiction treatment center and drug rehabilitation center, etc.

  1. (4) The Department may prepare a list of drug addicts.

(2) The Government may, by notification in the Official Gazette, –

(a) establish one or more drug cure centers and drug rehabilitation centers under the control of the Department, and may appoint the necessary manpower to manage it, and their terms of service shall be determined by the Department’s employment rules; And

(b) designate or declare any public sector institution as a drug addiction treatment center and drug rehabilitation center.

(3) The Government may grant permission to set up drug cure centers and drug addiction rehabilitation centers at the private level and it shall be governed by the procedures and standards prescribed by the Rules.

Establishment of chemical laboratory and its report

  1. (3) The Government may, by notification in the Official Gazette, –

(a) establish one or more laboratories under the control of the Directorate for the chemical examination of drugs or any substance of drugs, and may appoint the necessary personnel, including chemical examiners, for their terms and conditions of employment. Shall be determined; And

(b) designate a public sector institution as a chemical laboratory.

(2) If at any stage of the activities conducted under this Act, the chemical examination of an object is deemed necessary, it shall be sent to a chemical laboratory established or prescribed under sub-section (1).

(3) The chemical test report signed by the chemical examiner may be used as a witness in litigation, investigation of drug crimes, investigation, trial or any other proceeding.

Explanation: For the purposes of this section, ‘chemical examiner’ means a chemical examiner of any rank appointed or recognized by the Government Chemical Laboratory established or appointed by the Government under this Act.

Formation of the Committee and its responsibility

  1. (3) For the purposes of this Act, the Government may, by notification in the official Gazette, constitute one or more of the following committees, namely: –

(a) the National Drug Control Advisory Committee;

(B) National Anti-Narcotics Committee;

(C) the District Drug Control and Promotion Committee; And

(d) Upazila Drug Control and Promotion Committee.

(2) The Government may, by notification or rules referred to in sub-section (1), prescribe the responsibilities of the committees, meetings, functions and other matters.

Handing over power

  1. The Director General may delegate any of his or her subordinates under this Act to any officer, if required, by written order.

Revision of the criteria

  1. The Government may, by notification in the Official Gazette, amend or amend any schedule to include or subdue any drug name.

Obligation to cooperate

  1. If any person is incapable of enforcing any provision of this Act and for exchanging information, he shall be obliged to provide all assistance and assistance to the empowered officers.

Government’s ability to reduce complexity

  1. In the event of any ambiguity or difficulty in implementing it due to any ambiguity of this Act, the Government may, by notification in the Official Gazette, provide directions on how to do so in the matter of conformity with the provisions of this Act.

Ability to make rules

  1. (3) For the purpose of this Act, the Government may, by notification in the official Gazette, make rules.

(2) Notwithstanding the totality of the powers conferred under sub-section (1), provisions may be made in all or any of the following matters, namely: –

(a) alcohol;

(B) establishment of drug addiction treatment center, establishment and management of drug addiction rehabilitation center;

(C) licenses, permits and fees;

(D) confiscation;

(E) dope test;

(F) the list of drug addicts; And

(g) appointment of officer-employee:

(1) Unless the rules are made under this section, the Government may, if necessary, by general or special order, take necessary measures in regard to the adoption and execution of any activities, subject to compliance with this Act.

Cancellation and custody

  1. (4) With the introduction of this Act, the Narcotics Control Act (Act No. 1 of 19), hereinafter referred to as the ‘Act,’ shall be repealed.

(2) Immediately after the repeal of the Act, it is constituted under: –

(a) the ‘National Drug Control Board’ shall be abolished; And

(b) the ‘National Drug Control Board Fund and so on’ National Drug Control Board (Fund Maintenance and Expenditure) Rules, 20 ‘shall be abolished, and all monies in the extinct funds shall be transferred to the Government Treasury.

(3) Notwithstanding the repeal of that Act, under it—

(a) any act or action taken shall be deemed to have been done or taken under this Act;

(B) any rule made, any notification issued, any order, direction, endorsement, recommendation or activity shall remain in force before the cancellation thereof, unless made, issued or issued under this Act, shall be subject to compliance with the provisions of this Act. Will remain

(C) the unsubstantiated criminal proceedings filed shall be settled in such a manner as if the law were not repealed;

(D) drug addiction rehabilitation center established or approved by the drug addiction counseling center, shall be deemed to be established or approved under this Act; And

(e) an established or approved chemical laboratory shall be deemed to be established or approved under this Act.

(4) Notwithstanding the repeal of the said Act, the rate of drug tariff mentioned in the Second Schedule attached thereto shall remain in force till the time prescribed under this Act.

Translated English into law

  1. (4) After the introduction of this Act, the Government shall, as soon as possible, by notification in the Official Gazette, publish an Authentic English Text translated into English of the original Bengali text of this Act.

(2) The Bengali text shall prevail in the case of a dispute between the Bengali text and the English text.