Failure of officer in duty or his connivance at the contravention of the provisions of this Act
Section 59 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with failure of officer in duty or his connivance at the contravention of the provisions of this Act. Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable wit The Act came into force on 14 Nov 1985.
(1) Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine or with both.
1[(2) Any officer on whom any duty has been imposed by or under this Act or any person who has been given the custody of--
(a) any addict; or
(b) any other person who has been charged with an offence under this Act,
and who wilfully aids in, or connives at, the contravention of any provision of this Act or any rule or order made thereunder, shall be punishable 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.
Explanation.-- For the purposes of this sub-section, the expression "officer" includes any person employed in a hospital or institution maintained or recognised by the Government or a local authority under section 64A for providing de-addiction treatment.]
(3) No court shall take cognizance of any offence under sub-section (1) or sub-section (2) except on a complaint in writing made with the previous sanction of the Central Government, or as the case may be, the State Government.
Section 59, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
Cross-references
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This section refers to
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Punjab and Haryana High Court seeking cancellation of bail granted to the petitioner herein vide order dated 05.07.2021 in CRM-M No.23889 of 2021 in case bearing FIR No.20/2020 dated 29.01.2020 under Sections 21, 25, 27A, 29, 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "NDPS Act") and Sections 30, 53, 59 of the Arms Act, 1959 registered at Police Station Special Task Force (PS STF), District STF Wing, SAS Nagar, Mohali, Punjab State. The aforesaid FIR was registered against one Sukhbir Singh alias Happy on the statement of AIG Rachpal Singh. During interrogation of the aforesaid accused, the name of the petitioner …
Questions about Section 59
What does Section 59 of the Narcotic Drugs and Psychotropic Substances Act deal with?
Section 59 of the Narcotic Drugs and Psychotropic Substances Act is headed "Failure of officer in duty or his connivance at the contravention of the provisions of this Act". Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable wit
How do I find court cases under Section 59 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 59, section 59 NDPS Act, section 59 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type 59 ndps act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 59 of the Narcotic Drugs and Psychotropic Substances Act, and has it changed?
Its own text turns on section 64A (Immunity from prosecution to addicts volunteering for treatment), so none of them can safely be read on its own.
When did Section 59 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 59 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 59, 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 18 Oct 2026. This page is not a substitute for legal advice.