Home  /  Narcotic Drugs and Psychotropic Substances Act, 1985  /  Section 47

Section 47: Duty of certain officers to give information of illegal cultivation

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 46 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 48

Legal Commentary & Landmark Judgments: Section 47

Section 47 of the NDPS Act imposes a mandatory legal duty on all government officers, village officers, panches, and sarpanches to give immediate information to the police or empowered departments of any illegal cultivation of narcotic source plants coming to their knowledge.

  • Statutory Class of Obligated Persons: Encompasses every officer of the Government (revenue, forest, agriculture) and every panch, sarpanch, and village officer of any description.
  • Trigger of Knowledge: The duty is triggered when illegal cultivation of coca plant, opium poppy, or cannabis plant comes to their knowledge within their village or jurisdiction.
  • Penal Liability for Knowing Neglect: Imposes penal consequences for knowingly neglecting to inform the nearest police station or empowered officer within reasonable time.
Key Landmark Precedents:
  • Rameshwar v. State of M.P. 2003 (2) MPHT 148 (MP): The Madhya Pradesh High Court held that village revenue officers (patwaris) can only be prosecuted under Section 47 upon conclusive proof that illicit cultivation was brought to their specific knowledge and they deliberately suppressed the information.
  • State of Rajasthan v. Babulal 2007 (4) RLW 3192 (Raj): The High Court held that proximity of fields to the village boundary without positive proof of personal inspection or knowledge is insufficient to convict village functionaries under Section 47.
Courtroom Practice & Strategic Litigation Guidance:

In defending a village sarpanch or revenue officer under Section 47, establish through official tour diaries and duty rosters that the officer was not assigned to or present in the specific agricultural sector. Highlight the absence of any complaint or communication indicating that the cultivation was ever brought to their knowledge.

Section 46 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 48