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Date: 2021-12-08 Category: Extra Ordinary State: Union Government Country: India

NDPS ACT

Issued by Ministry of Finance · Department of Revenue

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Executive Summary & Key Takeaways

## Policy Analysis Report: Empowerment of Assam Rifles under NDPS Act, 1985 **1. Executive Summary:** This report analyzes a notification issued by the Ministry of Finance, Department of Revenue, which empowers officers of the Assam Rifles (of the rank of Sub-Inspector and above) to exercise powers and perform duties under Section 42 and Section 67 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985, within their respective jurisdictions. This empowers the Assam Rifles to act on cases relating to narcotics and psychotropic substances. **2. Introduction:** This report aims to provide a comprehensive overview of the notification S.O. 5064(E), dated December 8, 2021, pertaining to the empowerment of officers of the Assam Rifles under the Narcotic Drugs and Psychotropic Substances Act, 1985. The analysis is based solely on the content of the provided notification text. **3. Policy Overview:** This document represents a new policy regarding the empowerment of specific law enforcement personnel. * **Core Objective(s):** The primary objective, based on the text, is to expand the enforcement capabilities of the NDPS Act, 1985, by empowering officers of the Assam Rifles. This is achieved by authorizing them to exercise powers and perform duties specified under Section 42 and Section 67 of the Act. **4. Background and Rationale:** * **New Policy Rationale:** The policy likely addresses the need for increased enforcement of the NDPS Act, specifically within the operational areas of the Assam Rifles. The empowerment suggests a perceived gap in enforcement capabilities within those areas, possibly due to the geographical challenges, specific security concerns, or the need for specialized knowledge related to those regions. **5. Key Provisions / Changes:** * The notification empowers officers of the Assam Rifles, holding the rank of Sub-Inspector and above, to exercise powers and perform duties specified under Section 42 of the NDPS Act, 1985, within their respective areas of jurisdiction. Section 42 provides power of entry, search, seizure and arrest without warrant or authorisation. * The notification also authorizes these officers to exercise powers conferred upon them under Section 67 of the said Act. Section 67 provides power to call for information etc. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders include: * **Officers of the Assam Rifles (Sub-Inspector and above):** This policy directly impacts their responsibilities and authority. * **Individuals and entities involved in drug-related activities within the jurisdiction of the Assam Rifles:** They are now subject to increased scrutiny and potential enforcement actions by these empowered officers. * **Other law enforcement agencies operating in the same region:** This policy could affect coordination and collaboration among different agencies. **7. Implementation Aspects (Inferred):** * **Responsible agency/bodies:** The Ministry of Finance, Department of Revenue, is responsible for issuing the notification. The Assam Rifles is responsible for implementing the empowered authorities. * **Timelines or procedures:** The notification does not specify any immediate timelines or procedures for implementation beyond the date of the notification (December 8, 2021). The Assam Rifles will presumably integrate these new powers into their existing operational procedures and training programs. **8. Expected Outcomes / Impact of Changes:** * The likely intended outcomes include: * Increased detection and prevention of drug-related offenses within the areas of Assam Rifles jurisdiction. * Enhanced enforcement of the NDPS Act, 1985, in those regions. * A potential reduction in drug trafficking and related criminal activities. **9. Conclusion:** The notification empowering Assam Rifles officers under the NDPS Act, 1985, represents a significant step toward strengthening drug enforcement within their operational areas. This policy is designed to augment existing efforts by providing the Assam Rifles with the necessary legal authority to effectively combat drug-related activities. The impact of this empowerment will likely be felt through increased detection, prosecution, and ultimately, a potential reduction in drug trafficking and abuse.

Key Entities Referenced

Narcotic Drugs and Psychotropic Substances Act, 1985: An Act of the Indian Parliament related to narcotics control. Assam Rifles: An Indian paramilitary force. Ministry of Finance, Department Of Revenue: A department within the Indian government responsible for financial matters. DINESH BOUDDH: Director within the Ministry of Finance, Department of Revenue. New Delhi: The capital of India and the location where the notification was issued.
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एxलxx.-GअID.-E0xx8x1 22021-231700 CG-DL-E-08122021-231700 असाधारण EXTRAORDINARY भाग II—खण् ड 3—उप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 4690] नई ददल्ली, बुध , ददस 8, 2021/अग्रहायण 17, 1943 No. 4690] NEW DELHI, WEDNESDAY, DECEMBER 8, 2021/AGRAHAYANA 17, 1943 जित्त म्ं ालय (रािस्ट्ि जिभाग अजधसचू ना नई ददल् ली, 8 ददसम् बर, 2021 का.आ. 5064(अ .—स्ट्िापक औषजध और मन:प्रभािी पदाथथ अजधजनयम, 1985 (1985 का 61) की धारा 42 की उप-धारा (1) और धारा 67 के तहत प्रदत्त िजियों का प्रयोग करत े हुए केंद्र सरकार, एतदद्व् ारा असम राइफल्स के उपजनररक्षक एिं उनसे ऊपर िाले पदों के अजधकाररयों को यह िजि प्रदान करती ह ै की िह अपन े क्षे्ाजधकार के भीतर, धारा 42 के अंतगथत दी गई िजिओ का प्रयोग कर सकते ह ै और अपने कतथव्यों का जनिथहन कर सकत े ह ै साथ ही साथ उि अजधकाररयों को इस बात के जलए प्राजधकृत करती ह ै की िह धारा 67 में प्रदत िजियों का प्रयोग कर सके । [फा. स.ं एन-11011/03/2021-एनसी-II] ददनेि बौद्ध, जनदिे क 7112 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] MINISTRY OF FINANCE (Department Of Revenue) NOTIFICATION New Delhi, the 8th December, 2021 S.O. 5064(E).—In exercise of the powers conferred by sub-section (1) of section 42 and section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), the Central Government hereby empowers the officers of the Assam Rifles, of the rank of Sub-Inspector and above, to exercise the powers and perform the duties specified under section 42 within the areas of their respective jurisdiction and also authorise the said officers to exercise the powers conferred upon them under section 67 of the said Act. [F. No. N-11011/03/2021-NC-II] DINESH BOUDDH, Director Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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