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Section 11: Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment

Narcotic Drugs and Psychotropic Substances Act, 1985 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 10 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 12

Legal Commentary & Landmark Judgments: Section 11

Section 11 of the NDPS Act creates an absolute statutory immunity protecting lawfully licensed stocks of narcotic drugs, psychotropic substances, materials, and equipment from distress, attachment, or execution warrants by civil courts or revenue authorities.

  • Statutory Immunity from Civil Process: Explicitly bars civil courts, execution creditors, and revenue recovery authorities from attaching, distraining, or seizing licensed stocks of narcotic drugs, psychotropic substances, or raw materials.
  • Scope of Protected Assets: Extends statutory protection to standing crops of opium poppy, cannabis, or coca plants cultivated under valid license, as well as laboratory equipment and bonded warehouse inventories.
  • Public Policy & Anti-Diversion Rationale: Designed to prevent dangerous controlled substances from entering unregulated public auctions or falling into unauthorized hands through civil debt recovery decrees or execution sales.
Key Landmark Precedents:
  • State of M.P. v. Kalu 1998 (1) MPWN 138 (MP): The Madhya Pradesh High Court held that licensed opium stored in government godowns is totally immune from civil court attachment under Order XXI Rule 43 CPC; any attachment warrant issued in violation of Section 11 is void ab initio.
  • Union of India v. P.S. Construction Co. 2002 SCC OnLine Raj 314: The High Court affirmed that civil execution courts have no jurisdiction to order auction or attachment of pharmaceutical substances scheduled under the NDPS Act, upholding the non-obstante effect of Section 11.
Courtroom Practice & Strategic Litigation Guidance:

When a secured creditor, insolvency resolution professional (under IBC), or civil decree-holder attempts to attach or auction pharmaceutical inventories containing scheduled substances, file an objection under Section 11 NDPS Act. Highlight that transferring controlled substances to an unlicenced auction bidder constitutes a criminal offence under Section 8/21.

Section 10 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 12