Liability of illicit drugs, substances, plants, articles and conveyances to confiscation
Section 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with liability of illicit drugs, substances, plants, articles and conveyances to confiscation. Whenever any offence punishable under this Act has been committed, the narcotic drug, psychotropic substance, controlled substance, opium poppy, coca plant, cannabis plant, materials, apparatus and utensils in respect of which or by means of which such offence has been committed, shall be liable to The Act came into force on 14 Nov 1985.
1[(1) Whenever any offence punishable under this Act has been committed, the narcotic drug, psychotropic substance, controlled substance, opium poppy, coca plant, cannabis plant, materials, apparatus and utensils in respect of which or by means of which such offence has been committed, shall be liable to confiscation.]
(2) Any narcotic drug or psychotropic substance 2[or controlled substances] lawfully produced, imported inter-State, exported inter-State, imported into India, transported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug or psychotropic substance 2[or controlled substances] which is liable to confiscation under sub-section (1) and the receptacles, packages and coverings in which any narcotic drug or psychotropic substance 2[or controlled substances], materials, apparatus or utensils liable to confiscation under sub-section (1) is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation.
(3) Any animal or conveyance used in carrying any narcotic drug or psychotropic substance 2[or controlled substances], or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person-in-charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use.
Section 60, 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.
Referred to by 1
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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Piyush Khadayat vs The State of Uttarakhand
Court's Decision & Legal Precedent
Where the charge sheet filed after investigation fails to assign any specific role to the accused and merely alleges him to be a co-passenger in a vehicle, without establishing active participation, knowledge, or facilitation of the alleged narcotic drug offence, the Supreme Court will grant bail as there is insufficient credible evidence to justify the conclusion that the accused could ultimately be held guilty of the offences alleged under the NDPS Act, 1985.
On this section: One of the principal offence sections under which the petitioner was accused; pertains to presumption regarding possession and knowledge of narcotic substances
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Kamlesh Kumar Lodhi vs State of U.p.
Court's Decision & Legal Precedent
When co-accused persons with identical roles in a narcotic drug trafficking case have been granted bail by the same court, and the applicant has no direct recovery of drugs, no criminal history, and has been in pre-trial detention for over seven months, bail should be granted applying the principle of parity, subject to stringent conditions ensuring the applicant's presence before court, cooperation in trial, and non-tampering with evidence. The mere fact that applicant was found inside a vehicle carrying commercial quantity of narcotic drugs, without direct recovery from the applicant, does not create an absolute bar to bail under Section 37 NDPS Act when considered against the totality of circumstances including parity with similarly situated co-accused.
On this section: Charge against applicant; applicant charged under this section
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.
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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… During checking, 7 kilograms of charas was recovered from the said vehicle and Gopal Krishan had disclosed that he was working with the respondent-owner as a driver. 3. For recovery of contraband from the vehicle, a case Crime No.43 of 2021 dated 23.06.2021 was registered under Sections 8, 20, 29 and 60 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act') and besides arresting accused persons, vehicle was also taken into possession and seized by the NCB. 4. On 24.06.2021, respondent-owner had approached learned Special Judge, Bilaspur, District Bilaspur, H.P., by filing …
Questions about Section 60
What have the courts held on Section 60 of the Narcotic Drugs and Psychotropic Substances Act?
Piyush Khadayat vs The State of Uttarakhand (12 Apr 2023) is the leading judgment on this section among those set out below: One of the principal offence sections under which the petitioner was accused; pertains to presumption regarding possession and knowledge of narcotic substances. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2020 to 2023.
How do I find court cases under Section 60 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 60, section 60 NDPS Act, section 60 of the Narcotic Drugs and Psychotropic Substances Act. People searching for it also type ndps 60 3 and 60 ndps act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Piyush Khadayat vs The State of Uttarakhand (12 Apr 2023).
What should I read with Section 60 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 60 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 60 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 60, 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.