The Narcotic Drugs and Psychotropic Substances Act of 1985 (NDPS Act) was passed to regulate drugs in India and bring the country's drug laws in accordance with international drug control treaties. The Act prohibits the production, manufacture, possession, sale, purchase, transportation, warehousing, consumption, and use of any narcotic or psychotropic substance without authorization. It also establishes stringent penalties for drug-related offenses based on the type and quantity of substance involved. The primary objective of the NDPS Act is to prevent drug abuse by controlling operations related to narcotics and psychotropic substances.
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Objectives of the NDPS Act, 1985
The Narcotic Drugs and Psychotropic Substances Act of 1985 (NDPS Act) was passed to regulate drugs in India and bring the country's drug laws in accordance with international drug control treaties. The Act prohibits the production, manufacture, possession, sale, purchase, transportation, warehousing, consumption, and use of any narcotic or psychotropic substance without authorization. It also establishes stringent penalties for drug-related offenses based on the type and quantity of substance involved. The primary objective of the NDPS Act is to prevent drug abuse by controlling operations related to narcotics and psychotropic substances.
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Special law ➢ Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) Introduction__ The Narcotic Drugs and Psychotropic Substances Act, 1985 (the NDPS Act) was enacted to consolidate and amend the law relating to narcotic drugs & was passed with the intent of controlling drug abuse and prohibiting the use, distribution, manufacture, and trade of drugs. Narcotic drugs are those that induce sleep, whereas psychotropic substances are those that react with the mind and change it positively. The Parliament of India passed the NDPS Act on 14 November 1985. These types of drugs have their place in the practice of medicine. Consequently, the Act includes provisions for the cultivation of cannabis, poppy, and coca plants as well as the manufacturing of psychotropic substances in connection with the cultivation of these plants. Its primary objective
• Is to regulate the manufacturing, possession, sale, and transportation of drugs that are considered narcotics or psychotropics. As a result of this act, 200 psychotropic substances are prohibited from sale to walk-in customers. Prescriptions are required to obtain these drugs. There have been multiple amendments to the law since it was established. • An individual is prohibited from manufacturing, producing, cultivating, possessing, selling, purchasing, transporting, storing or consuming any drug or substance that is considered narcotic or psychotropic without permission from the appropriate authorities. • Aim and object of the NDPS Act To achieve the following objectives, the NDPS was enacted:
• To amend and consolidate the laws governing the use and possession of narcotic drugs. • To establish stringent provisions for the control, regulation, and supervision of the illegal possession, sale, transit, and consumption of narcotic drugs and psychotropic substances. • To provide a mechanism for forfeiting narcotic drugs and psychotropic substances, as well as the properties derived from, or used in, illicit drug trafficking. • To establish a mechanism for the implementation of the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances, as well as for other purposes connected therewith. • Definitions__ section 2: 1[(i) “addict” means a person who has dependence on any narcotic drug or psychotropic substance;] (iii) “cannabis (hemp)” means— (a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish; (b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and (c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any rink prepared therefrom; (iv) “cannabis plant” means any plant of the genus cannabis
2[(iva) “Central Government factories” means factories owned by the Central Government or factories owned by any company in which the Central Government holds at least fifty-one per cent. Of the paid-up share capital;] (v) “coca derivative” means— (a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine; (b) ecgonine and all the derivatives of ecgonine from which it can be recovered; (c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and (d) all preparations containing more than 0.1 per cent. Of cocaine; (vi) “coca leaf” means— (a) the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed; (b) any mixture thereof with or without any neutral material,
But does not include any preparation containing not more than 0.1 per cent. Of cocaine; (vii) “coca plant” means the plant of any species of the genus Frythroxylon; (viib) “controlled delivery” means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted for them to pass out of, or through or into the territory of India with the knowledge and under the supervision of an officer empowered in this behalf or duly authorised under section 50A with a view to identifying the persons involved in the commission of an offence under this Act. 4[5[(viid)] “controlled substance” means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International Convention, by notification in the Official Gazette, declare to be a controlled substance;]
2[(viiia) “essential narcotic drug” means a narcotic drug notified by the Central Government for medical and scientific use;] 4[6[(viiib)] “illicit traffic”, in relation to narcotic drugs and psychotropic substances, means— (i) Cultivating any coca plant or gathering any portion of coca plant; (ii) Cultivating the opium poppy or any cannabis plant; (iii) Engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transhipment, of narcotic drugs or psychotropic substances;
(iv) dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in sub-clauses (i) to (iii); or (iv) Handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv),
Other than those permitted under this Act, or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder, and includes— (1) financing, directly or indirectly, any of the aforementioned activities; (2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and (3) harbouring persons engaged in any of the afore-mentioned activities;] (xi) “manufactured drug” means— (a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate;
(b) any other narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare to be a manufactured drug, But does not include any narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare not to be a manufactured drug; But does not include any narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare not to be a manufactured drug; (xiv) “narcotic drug” means coca leaf, cannabis (hemp), opium, popy straw and includes all manufactured drugs; (xv) “opium” means—
(a) the coagulated juice of the opium poppy; and
(b) any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, But does not include any preparation containing not more than 0.2 per cent. Of morphine; (xxiii)Psychotropic substance” means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule;
• Section 8 __ prohibition of certain operations.
No person shall – (a) Cultivate any coca plant or gather any Portion of coca plant; or (b) Cultivate the opium poppy or any cannabis plant or (c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-State, export inter-State, import into India, export from India or tranship any narcotic drug or psychotropic substance . The said Sections contains the following exceptions:
Provided that, and subject to the other provisions of this Act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, transport, warehousing, import inter-State and export inter-State of ganja for any purpose other than medical and scientific purpose shall take effect only from the date which the Central Government may, by notification in the Official Gazette, specify in this behalf 1[Provided further that nothing in this section shall apply to the export of poppy straw for decorative purposes.] In State Of Uttaranchal vs Rajesh Kumar Gupta(2006), it was held that the exceptions must be judged on two criteria: first, whether the drugs are used for medicinal purposes, and second, whether they fall within the scope of the regulatory provisions contained in Chapters VI and VII of the Narcotic Drugs and Psychotropic Substances Rules, 1985.
• Section 15__Punishment for contravention in relation to poppy straw.
Section 15 of the Act provides for the act of production, possession, transportation, selling, purchasing or any other involvement that shall lead to an offence under the provisions of this Section. The punishments have been decided on the basis of the quantity of poppy straw involved in the whole transaction.
Small quantity of poppy straw may lead up to one year of rigorous imprisonment, or with fine, extending up to ten thousand rupees, or both. A quantity which is greater than the small quantity but fewer than the commercial quantity shall invite rigorous imprisonment up to ten years and a fine up to one lakh rupees. In case of a transaction involving a commercial quantity of poppy straw, the punishment includes rigorous imprisonment for a term not less than ten years and extendable up to twenty years along with a fine, not less than one lakh rupees but can be up to two lakh rupees. Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.]
• Section 16_Punishment for contravention in relation to coca plant and coca leaves .
Section 16 of the Act provides for the provisions in contravention of the rules made under the Act regarding the cultivation, production, possession, selling, purchasing, transportation and any other activity with respect to the violation of the provisions this Act. The punishment for the offence under the Section includes rigorous imprisonment up to a term of ten years along with a fine extending up to one lakh rupees.
• Section 17_ Punishment for contravention in relation to prepared opium
Section 17 of the Act provides for the provisions dealing with activities in violation of the Act with respect to prepared opium. This Section bars the process of manufacturing, possession, selling, purchasing, transportation or usage of prepared opium. It has been identified as a substance with the capacity to harm an individual, physically or mentally with its ingredients. The punishments for either of the restricted activities carried out by an individual are similar to that of poppy straw, listed under Section 15. Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.] • Section 18__ Punishment for contravention in relation to opium poppy and opium.Previous Section 18 of the Act provides for the process of manufacturing, purchasing, production, possession, transportation or selling of opium poppy and opium as an act being in contravention of the provisions under this Act.
(a) Where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees; (C) in any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one lakh rupees.]
• Section 19__Punishment for embezzlement of opium by cultivator.
Section 19 of the Act provides for an act identified as embezzlement of opium, which is in violation of the provisions under the Act and hence, an offence characterized under Chapter IV. Any person who embezzles, himself or involved in the activity, or otherwise illegally disposes off the opium shall be held liable under this Section. The punishment for this offence includes rigorous imprisonment of a term not less than ten years with an extension of up to twenty years along with a fine, not being less than one lakh rupees provided: it can be increased up to two lakh rupees.
• Section 20__ Punishment for contravention in relation to cannabis plant and
cannabis.
Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder,-- (a) cultivates any cannabis plant; or (b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, Shall be punishable,-- 1[(i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees; and
(ii) where such contravention relates to sub-clause (b),--
(A) and involves small quantity, with rigorous imprisonment for a term which may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both; (B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (c) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.]
• Section 21__ Punishment for contravention in relation to manufactured drugs and
preparations. Section 21 of the Act provides for an offence of manufacturing, possession, selling, purchasing, transportation, or usage of any manufactured drug or its preparation as an act in contravention of the provisions under the Act. Shall be punishable,-- (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.]
• Section 22__ Punishment for contravention in relation to psychotropic substances.
provides for any act or rule in relation to the process of manufacturing, transportation, selling, purchasing, possession or usage of psychotropic drugs may lead to an offence according to this Section.
shall be punishable,-- (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine . (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.]
• Section 23__ Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances. Provides for import to India or export from India of any illegal drug specified under the Act. The transhipment of narcotic drugs and psychotropic substances are restricted under the legal parlance under the scope of this Act. The punishments for the offence includes the similar three-tier punishment system followed everywhere under the Act.
• Section 27__Punishment for consumption of any narcotic drug or psychotropic
substance Provides for the act of consuming any narcotic drugs or psychotropic substances which is an offence for the purpose of the Act. Any person consuming substances such as morphine, cocaine, diacetyl-morphine and any other drug later specified as one by the central government under a notification shall lead to rigorous imprisonment for a term extending up to one year or fine up to twenty thousand rupees, or both. Any narcotic drug or a psychotropic substance, other than those included in the list, shall lead to imprisonment up to six months or fine up to ten thousand rupees, or both.
• Section 30__ Preparation. (Mix various drugs and make one)
If any person makes preparation to do or omits to do anything which constitutes an offence
punishable under any of the provisions of 1[sections 19, 24 and 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance and from the circumstances of the case] it may be reasonably inferred that he was determined to carry out his intention to commit the offence but had been prevented by circumstances independent of his will, he shall be punishable with rigorous imprisonment for a term which shall not be less than one-half of the minimum term (if any), but which may extend to one-half of the maximum term, of imprisonment with which he would have been punishable in the event of his having committed such offence, and also with fine which shall not be less than one-half of the minimum amount (if any), of fine with which he would have been punishable, but which may extend to one-half of the maximum amount of fine with which he would have ordinarily (that is to say in the absence of special reasons) been punishable, in the event aforesaid: Provided that the court may, for reasons to be recorded in the Judgment, impose a higher fine.
• Section 31__ Enhanced punishment for offences after previous conviction
(1) If any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under this Act is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under this Act with the same amount of punishment shall be punished for the second and every subsequent offence with rigorous imprisonment for a term which may extend to 2[one and one-half times of the maximum term of imprisonment, and also be liable to fine which shall extend to 3[one and one-half times of the maximum amount] of fine. (2) Where the person referred to in sub-section (1) is liable to be punished with a minimum term of imprisonment and to a minimum amount of fine, the minimum punishment for such person shall be 4[one and one-half times of the minimum term of imprisonment and 5[one and one-half times of the minimum amount] of fine: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding the fine for which a person is liable. (3) Where any person is convicted by a competent court of criminal jurisdiction outside India under any corresponding law, such person, in respect of such conviction, shall be dealt with for the purposes of sub-sections (1) and (2) as if he had been convicted by a court in India.]
• Section 32__Punishment for offence for which no punishment is provided.
Whoever contravenes any provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation issued thereunder for which no punishment is separately provided in this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
• Section 32A__No suspension, remission or commutation in any sentence awarded
under this Act 1[32A. No suspension, remission or commutation in any sentence awarded under this Act.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force but subject to the provisions of section 33, no sentence awarded under this Act (other than section 27) shall be suspended or remitted or commuted.]
• Section 32(b)__ factors to be taken into account for imposing higher than the minimum punishment. Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this Act, the court may, in addition to such factors as it may deem fit, take into account the following factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine, namely:-- (a) the use or threat of use of violence or arms by the offender; (b) the fact that the offender holds a public office and that he has taken advantage of that office in committing the offence; (c)the fact that the minors are affected by the offence or the minors are used for the commission of an offence (d) the fact that the offence is committed in an educational institution or social service facility or in the immediate vicinity of such institution or faculty or in other place to which school children and students resort for educational, sports and social activities; (e)the fact that the offender belongs to organised international or any other criminal group which is involved in the commission of the offence; and (f) the fact that the offender is involved in other illegal activities facilitated by commission of the offence
• Section 37__ Offences to be cognizable and non-bailable.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for 1[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless— (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.]
• Section 42__Power of entry, search, seizure and arrest without warrant or
authorisation.
Section 42 of the Act states that an officer can legally search and arrest a person if he believes that the time required for a warrant will enable the person to hide or destroy such contraband. The officer should record such reasons before the search and inform the matter to his immediate superior within 72 hours. The Act also provides certain rights to the person who is being searched, i.e., right to have a Magistrate or Gazetted officer present during the time of search and the person must be informed of this right by the officer. A woman must be searched by another woman only. (a) enter into and search any such building, conveyance or place;
(b) in case of resistance, break open any door and remove any obstacle to such entry; (c) seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this Act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under this Act or furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act; and (d)detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punishable under this Act:
(2) Where an officer takes down any information in writing under sub-section (1) or records grounds for his belief under the proviso thereto, he shall within seventy-two hours send a copy thereof to his immediate official superior. 2[Provided that in respect of holder of a licence for manufacture of manufactured drugs or psychotropic substances or controlled substances granted under this Act or any rule or order made thereunder, such power shall be exercised by an officer not below the rank of sub- inspector:
• Section 43__Power of seizure and arrest in public place.
Any officer of any of the departments mentioned in section 42 may (a) seize in any public place or in transit, any narcotic drug or psychotropic substance or controlled substance in respect of which he has reason to believe an offence punishable under this Act has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this Act, any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act; (b) detain and search any person whom he has reason to believe to have committed an offence punishable under this Act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company. Explanation.—For the purposes of this section, the expression “public place” includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public.]
• Section 44__ Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant.
The provisions of sections 41, 42 and 43, shall so far as may be, apply in relation to the offence punishable under Chapter IV and relating to coca plant, the opium poppy or cannabis plant and for this purpose references in those sections to narcotic drugs, or psychotropic substance 1[or controlled substance], shall be construed as including references to coca plant, the opium poppy and cannabis plant.
• Section 45__ Procedure where seizure of goods liable to confiscation not practicable. Where it is not practicable to seize any goods (including standing crop) which are liable to confiscation under this Act, any officer duly authorised under section 42 may serve on the owner or person in possession of the goods, an order that he shall not remove, part with or otherwise deal with the goods except with the previous permission of such officer.
• Section 49__Power to stop and search conveyance.
Any officer authorised under section 42, may, if he has reason to suspect that any animal or conveyance is, or is about to be, used for the transport of any narcotic drug or psychotropic substance 1[or controlled substance], in respect of which he suspects that any provision of this Act has been, or is being, or is about to be, contravened at any time, stop such animal or conveyance, or, in the case of an aircraft, compel it to land and— (a) rummage and search the conveyance or part thereof;
(b) examine and search any goods on the animal or in the conveyance; (c) if it becomes necessary to stop the animal or the conveyance, he may use all lawful means for stopping it, and where such means fail, the animal or the conveyance may be fired upon.
• Section 50__ Conditions under which search of persons shall be conducted.
(1) When any officer duly authorised under section 42 is about to search any person under the provisions of section 41, section 42 or section 43, he shall, if such person so requires, take such person without unnecessary delay to nearest Gazetted Officer of any of the departments mentioned in section 42 or to the nearest Magistrate. (2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or the Magistrate referred to in sub-section (1).
(3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made. (4) No female shall be searched by anyone excepting a female.
[(5) When an officer duly authorised under section 42 has reason to believe that it is not possible to take the person to be searched to the nearest Gazetted Officer or Magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest Gazetted Officer or Magistrate, proceed to search the person as provided under section100 of the Code of Criminal Procedure, 1973 (2 of 1974). (6) After a search is conducted under sub-section (5), the officer shall record the reasons for such belief which necessitated such search and within seventy-two hours send a copy thereof to his immediate official superior.]
• Section 52__Disposal of persons arrested and articles seized.
(1) Any officer arresting a person under section 41, section 42, section 43 or section 44 shall, as soon as may be, inform him of the grounds for such arrest. (2) Every person arrested and article seized under warrant issued under sub-section (1) of section 41 shall be forwarded without unnecessary delay to the Magistrate by whom the warrant was issued.
(3) Every person arrested and article seized under sub-section (2) of section 41, section 42, section 43 or section 44 shall be forwarded without unnecessary delay to— (a) the officer-in-charge of the nearest police station, or (b) the officer empowered under section 53. (4) The authority or officer to whom any person or article is forwarded under sub-section (2) or sub-section (3) shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or article.