Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958
Section 33 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958. Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) or in the Probation of Offenders Act, 1958 (20 of 1958) shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age or that the offence for which such person is c The Act came into force on 14 Nov 1985.
Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) or in the Probation of Offenders Act, 1958 (20 of 1958) shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or section 27.
Section 33, 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.
-
Sarju @ Ramu vs State of U. P
Court's Decision & Legal Precedent
In cases under the NDPS Act, particularly where serious allegations are made against police officials, the procedural safeguards contained in the Act, especially Section 50 requiring that a person to be searched must be informed of their right to be searched by a Gazetted Officer or Magistrate, must be scrupulously complied with. Failure to inform the person of this right renders the recovery of contraband suspect and vitiates the conviction where the conviction is based solely on possession of the illicit article recovered during the illegal search. Evidence obtained through violation of Section 50 safeguards cannot be used as evidence of unlawful possession to sustain a conviction. The investigating agency must follow the procedure envisaged by the statute scrupulously, and failure to do so must be viewed seriously by higher authorities. An accused is entitled to a fair trial, and a conviction resulting from an unfair trial is contrary to the concept of justice.
On this section: Restricts application of Probation of Offenders Act to persons under 18 years or offences under Sections 26 or 27; misapplied by trial court
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 33
What have the courts held on Section 33 of the Narcotic Drugs and Psychotropic Substances Act?
Sarju @ Ramu vs State of U. P (07 Aug 2009) is the leading judgment on this section among those set out below: Restricts application of Probation of Offenders Act to persons under 18 years or offences under Sections 26 or 27; misapplied by trial court.
How do I find court cases under Section 33 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 33, section 33 NDPS Act, section 33 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type 33 ndps act. 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 Sarju @ Ramu vs State of U. P (07 Aug 2009).
What should I read with Section 33 of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?
Its own text turns on section 26 (Punishment for certain acts by licensee or his servants), section 27 (Punishment for consumption of any narcotic drug or psychotropic substance), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When did Section 33 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 33 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 33, 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 15 Oct 2026. This page is not a substitute for legal advice.