Restrictions over external dealings in narcotic drugs and psychotropic substances
Section 12 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with restrictions over external dealings in narcotic drugs and psychotropic substances. No person shall engage in or control any trade whereby a narcotic drug or psychotropic substance is obtained outside India and supplied to any person outside India save with the previous authorisation of the Central Government and subject to such conditions as may be imposed by that Government in th The Act came into force on 14 Nov 1985.
No person shall engage in or control any trade whereby a narcotic drug or psychotropic substance is obtained outside India and supplied to any person outside India save with the previous authorisation of the Central Government and subject to such conditions as may be imposed by that Government in this behalf.
Section 12, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sanjay Kumar Kedia vs Narcotics Control Bureau
Court's Decision & Legal Precedent
A person or company cannot claim immunity under Section 79 of the Information Technology Act, 2000 (which protects intermediaries from liability for third-party information) when engaged in illegal drug trafficking operations. Section 79 provides immunity only from prosecution under the Information Technology Act itself, not from prosecution under other statutes such as the Narcotic Drugs and Psychotropic Substances Act, 1985. When a company uses technology platforms and internet services as a facade to actively facilitate, design, develop, host, and control the distribution of banned psychotropic substances, it is not a mere intermediary but an active participant in the illegal trade and can be prosecuted under Sections 24 and 29 of the NDPS Act. Bail should be denied when overwhelming inculpatory evidence establishes a prima facie case and there are no reasonable grounds to believe the accused is not guilty or would not resume illegal activities.
On this section: Requires authorization from Central Government for external dealings in narcotic drugs and psychotropic substances; appellant violated this by engaging in unauthorized supply
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 12
What have the courts held on Section 12 of the Narcotic Drugs and Psychotropic Substances Act?
Sanjay Kumar Kedia vs Narcotics Control Bureau (03 Dec 2007) is the leading judgment on this section among those set out below: Requires authorization from Central Government for external dealings in narcotic drugs and psychotropic substances; appellant violated this by engaging in unauthorized supply.
How do I find court cases under Section 12 of the Narcotic Drugs and Psychotropic Substances Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NDPS Act 12, section 12 NDPS Act, section 12 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type section 12 of ndps. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sanjay Kumar Kedia vs Narcotics Control Bureau (03 Dec 2007).
What should I read with Section 12 of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 12 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 12 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 12, came into force on 14 Nov 1985, having been enacted on 16 Sep 1985. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1747 words
- 68B. Definitions819 words
- 9. Power of Central Government to permit, control and regulate816 words
- 36A. Offences triable by Special Courts631 words
- 10. Power of State Government to permit, control and regulate568 words
- 42. Power of entry, search, seizure and arrest without warrant or authorisation507 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.