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Section 41 of The Narcotic Drugs and Psychotropic Substances Act, 1985 in hindi

1[41. Power to issue warrant and authorisation.-- (l) A Metropolitan Magistrate or a Magistrate of the first class or any Magistrate of the second class specially empowered by the State Government in this behalf, may issue a warrant for the arrest of any person whom he has reason to believe to have committed any offence punishable under this Act, or for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe any narcotic drug or psychotropic substance or controlled substance in respect of which an offence punishable under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed:

(2)Any such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the Central Government including the para-military forces or the armed forces as is empowered in this behalf by general or special order by the Central Government, or any such officer of the revenue, drugs control, excise, police or any other department of a State Government as is empowered in this behalf by general or special order of the State Government if he has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this Act or that any narcotic drug or psychotropic substance or controlled substance in respect of which any offence under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him but superior in rank to a peon, sepoy or a constable to arrest such a person or search a building, conveyance or place whether by day or by night or himself arrest such a person or search a building, conveyance or place.
(3)The officer to whom a warrant under sub-section (1) is addressed and the officer who authorised the arrest or search or the officer who is so authorised under sub-section (2) shall have all the powers of an officer acting under section 42.]

Summary

It empowers specific magistrates to issue search and arrest warrants for any drug offences under the Act.
These warrants can be for arresting suspects or searching buildings, vehicles, or places, day or night.
It allows empowered senior gazetted officers of customs, excise, police, or narcotics departments to authorize searches and arrests.
These senior officers can authorize subordinate officers, who must be ranked higher than a peon, sepoy, or constable.
Officers acting under a Section 41 warrant or authorization hold the exact same powers as those acting under Section 42.

Practical examples

1Judge Mehra, a first class magistrate, has reason to believe that a smuggling ring is hiding heroin in a warehouse. Under Section 41 of the 1985 drug law, he issues a search warrant allowing customs officers to search the warehouse at midnight.

2Inspector Gupta is a gazetted police officer. He receives a written tip about illegal psychotropic pills hidden in a transport truck. Under Section 41 of the 1985 drug law, he writes a formal authorization for Sub-Inspector Sharma to search the truck and arrest the driver.

FAQ

1. Which magistrates can issue search and arrest warrants under Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985?

Under Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985, warrants can be issued by a Metropolitan Magistrate, a Magistrate of the First Class, or a Magistrate of the Second Class who is specially empowered by the State Government.

2. Can an arrest warrant under Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985 be executed at night?

Yes, under Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985, a search and arrest warrant can be issued for execution either by day or by night.

3. What is the minimum rank of an officer who can be authorized to perform a search under Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985?

Under Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the authorized officer must be superior in rank to a peon, sepoy, or constable.

4. What powers do officers executing a warrant under Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985 possess?

Under Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the officer has all the powers of an officer acting under Section 42, which includes entry, search, seizure, and arrest.

Test yourself

Q1.Under Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985, who is eligible to authorize a subordinate officer to conduct a search?

Q2.Under Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which of the following is a magistrate of the second class required to have before issuing a warrant?

Q3.Under the Narcotic Drugs and Psychotropic Substances Act, 1985, an officer is authorized by a superior gazetted officer to conduct a search under Section 41. If the officer needs to break open a locked door due to resistance, which section of the Act governs their power to do so?

Q4.Under Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which of the following cannot be the target of a search warrant?

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