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Section 46: Duty of land holder to give information of illegal cultivation

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

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Competent Court / Tribunal
Act 1985
Section 45 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 47

Legal Commentary & Landmark Judgments: Section 46

Section 46 of the NDPS Act imposes an affirmative statutory duty on every holder, occupier, or manager of land to give immediate information to enforcement authorities regarding any illegal cultivation of opium poppy, cannabis, or coca plant on their land, penalizing knowing neglect.

  • Statutory Reporting Obligation: Every holder of land, tenant, occupier, agent, or manager is legally bound to give immediate information to police or excise officers of any unauthorized cultivation.
  • Targeted Botanical Crops: Applies specifically to illegal cultivation of opium poppy, cannabis plant, or coca plant on the land under the person's control.
  • Mens Rea & Knowing Neglect: Criminal liability under Section 46 requires proof that the landholder knowingly neglected to give information; innocent absence, lack of notice, or disputed tenancy constitutes a valid defense.
Key Landmark Precedents:
  • State of H.P. v. Mast Ram (2004) 8 SCC 660: The Supreme Court held that revenue records alone do not prove conscious knowledge or exclusive possession; an absentee landlord cannot be convicted under Section 46 without direct proof of actual knowledge of illicit cultivation.
  • Gurdial Singh v. State of Punjab 2011 SCC OnLine P&H 8303: The High Court affirmed that the prosecution must prove conscious awareness of the standing crop by the owner; co-owners living away from the village cannot be held vicariously liable under Section 46.
Courtroom Practice & Strategic Litigation Guidance:

In Section 46 prosecutions against landowners, produce revenue records (khasra/khatoni), lease agreements, or evidence of residence in another district or state. Demonstrate that the accused was an absentee landlord or had leased the land, defeating the prosecution's claim of 'knowing neglect'.

Section 45 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 47