Home  /  Narcotic Drugs and Psychotropic Substances Act, 1985  /  Section 62

Section 62: Confiscation of sale proceeds of illicit drugs or substances

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1985
Section 61 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 63

Legal Commentary & Landmark Judgments: Section 62

Section 62 of the Narcotic Drugs and Psychotropic Substances Act, 1985 mandates the confiscation of every package, covering, receptacle, or container in which any narcotic drug, psychotropic substance, or controlled substance is contained, as well as all other items contained in such package. Designed to eliminate the physical infrastructure of narcotics packaging and parcel transit, Section 62 prevents traffickers from reclaiming specialized concealments, false-bottom suitcases, industrial pressure cylinders, or mingled legitimate items found inside contraband containers.

  • Confiscation of Containers and Receptacles: Section 62 provides that where any narcotic drug or psychotropic substance is contained in any package, covering, or receptacle, such package, covering, or receptacle is automatically liable to confiscation. This encompasses baggage, backpacks, metallic cavities, shipping containers, parcels, and courier envelopes.
  • Confiscation of Mingled Package Contents: The section extends confiscation beyond the receptacle itself: 'every other thing contained in such package shall be liable to confiscation.' If an accused packs diamonds, cash, apparel, or personal effects in the same bag or package that houses contraband, all contents of the package become statutorily liable to forfeiture, reflecting a strict statutory policy against mingling illicit narcotics with legitimate goods.
  • Distinction Between Package Confiscation and Conveyance Confiscation: While Section 62 governs packages, coverings, and receptacles, the confiscation of vehicles, vessels, and aircraft used for transport is governed separately under Section 60(3). Packaging materials confiscated under Section 62 are ordinarily destroyed or auctioned in accordance with Section 52A protocols following magisterial certification.
Key Landmark Precedents:
  • Union of India v. Mohanlal (2016) 3 SCC 379: The Supreme Court noted that packages, receptacles, and coverings seized under Section 62 must be cataloged in the Section 52A inventory and produced before the Magistrate for certification and destruction orders to prevent pilferage or reuse in illegal trade.
  • State of Punjab v. Makhan Chand (2004) 3 SCC 453: The Supreme Court observed that packages and bags containing narcotics must be sealed and their intact nature demonstrated during trial to sustain both the substantive charge and subsequent confiscation under Sections 60–63.
Courtroom Practice & Strategic Litigation Guidance:

Where personal valuables, electronics, or cash are seized from the same suitcase or package containing contraband, prosecutors will invoke Section 62 to oppose release. To defeat confiscation, argue that the non-contraband articles were separate and distinct from the drug wrapping, or file a composite application under Section 63 demonstrating that the innocent articles have no connection to drug proceeds or concealment, supported by documentary proof of legitimate acquisition.

Section 61 All 83 Sections of Narcotic Drugs and Psychotropic Substances Act, 1985 Section 63