Narcotic Drugs and Psychotropic Substances Act 1985

INTRODUCTION :

Coca, opium & Hemp are the excellent drugs when used for the medicinal purpose but these drugs are also miss used for euphoria, addiction etc.These type of drugs when used for longer time causes sever effects on brain & nervous system. These effect including apathy, forgetfulness , lack of self respect , physical & mental injury & therefore miss use of these drugs is very injurious with social point of view .with this view of dangerous effect of drug.The govt. of different country are decide to restrict these use for bonafide medical purpose only.

This is an Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances 1[, to provide for the forfeiture of property derived from, or used in, llicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances]and for matters connected therewith.

OBJECTIVE: 

• To prohibit or control or to regulate the operation relating to narcotic drugs and psychotropic substances.
• It provide licensee system for whole central & state Govt.
• It prescribe the procedure for preventing illicit traffic &abuse of narcotic drugs & psychotropic substances. 
• Act also provide penalties illicit traffic of these drugs

Definitions:

NARCOTIC DRUGS:
It mean Coca leaves, opium, hemp, poppy straw, & including all manufacture drugs.

PSYCHOTROPIC SUBSTANCES:
1. Any substances natural or synthesis or any salt.
2. Preparation of such substances which are included in a list of Psychotropic substances in the schedule to the NDPS Act 1985.

Eg. N-N Dimethyltryptamine , N-N diethyltryptamine , LSD , Alprazolam , Nitrazepam And other benzodiazepam Derivative.

COCA LEAF:
Leaves of any plant of genus Erythroxylon coca ,Excluding leaves from which cocaine ecgonine And other egonine alkaloids is removed.
Any mixture there of with or without any neutral material except any preparation containing Less than 0.1% of cocaine.

OPIUM :
Coagulated juice of opium poppy[ papaver somniferum ] or any other species of papaver from which opium or any phenanthrene alkaloid can be extracted & It may be declared to be opium poppy by notification of central government.
Any mixture of coagulated juice of opium with or without Neutral material containing more than 0.2% of morphine.

HEMP [CANNABIS]:
Charas: It is the resin in crude or purified state obtained from cannabis plant and It include Concentrated preparation of resin known as” Hashish oil” or “Liquid Hashish”.
Ganja : It is flowering & fruiting top of cannabis plant[Excluding seed &leaves] Any mixture with or without neutral material containing ganja, charas or any other drink prepared from them. 

MANUFACTURE DRUGS:
Derivative of coca opium or hemp such as medicinal hemp, coca derivative medicinal cocaine, Opium derivative prepared opium, poppy straw concentrate.etc.
Any other Narcotic substances or preparation which is declared to be manufacture drug by central government.

MEDICINAL HEMP :
It mean any extract or tincture of cannabis .

COCA DERIVATIVES:
Crude cocaine :Any extract of coca leaves which can be directly or indirectly use for manufacture of cocaine. Ecgonine, Cocaine. Preparation containing more than 0.1% cocaine.

OPIUM DERIVATIVE:
Medicinal opium
Opium manipulated to render it suitable for smoking e.g.. Morphine, heroin , thibaine
Any preparation containing 0.2% of morphine or any amount of diacetyl morphine. 

OPIUM POPPY:
It include the plant of papaver somniferum and other species of papaver from which opium and any
phenanthrene alkaloid can be extracted.
Poppy straw : It include all part of opium poppy [except seed]after harvesting whether in original form or cut, crushed,powder and whether or not juice to be extracted there from.

ILLICIT TRAFFIC: [As defined NDPS Ordinance 1988] :
1. Cultivation of coca plant & gathering any portion of coca plant

2. Cultivating opium poppy or any cannabis plant
3. Engaging in the manufacturing, possession, sale, purchase, transporting, warehousing concealment, use of consumption,inter state import, inter state export from India transshipment, of narcotic drug and psychotropic substances.
4. Dealing in narcotic drug and psychotropic substances,

Handling or letting any premises for use for any of the purpose referred in [1] to [4]

•  Financing any activity by himself or through any other person in the further or in 
• Support of doing any of the above said acts, 
• Abetting or conspiring in the furtherance or in support of doing an of the above said acts except to the extent permitted under the narcotic drug and psychotropic substances acts 1985.or any rule or order made or any condition of any licence,permit or authorization issued, hereunder, 

AUTHORITY & OFFICERS

• Measure for preventing and combating abuse of Narcotic drugs and illicit traffic there in. 
• Officers of central government. 
• The Narcotic Drugs and Psychotropic Substances Consultative Committee. Prohibition, control, and regulation. 
• Measure for preventing and combating abuse of Narcotic drugs and illicit there in. 
• Co-ordination of action by various officers state government and other authorities under this acts. 
• Obligations under the International conventions. 
• Assistance to the concerned authorities in foreign countries and concerned international organization regarding prevention and suppression of illicit traffic. 
• Identification, treatment, education, aftercare, rehabilitation, and social re-interaction of addicts. 
• Such other matter for effective implementation of this act and preventing and combating the abuse of narcotic drug and psychotropic substances, and illicit traffic. 

Officers of central government:

• The central government may appoint Narcotic commissioner and such other officers, 
• The supervision of the cultivation of the opium poppy; and 
• Production of opium and 
• Other functions as may be entrusted to him by the central Government. 

The Narcotic Drugs and Psychotropic Substances Consultative Committee.

• An advisory committee. 
• Chairman and such other members not exceeding 20. 
• The committee shall advice the central government on the matters relating to the administration of this act. 

Prohibition, control, and regulation:

a] Prohibition of certain operation As per sec.8.

No person shall :
1. Cultivate any coca plant or gather any portion of coca plant; or
2. Cultivate the opium poppy or any cannabis plant; or

Produced manufactured, possess, sale, purchase, transport,ware house, use,consume,interstate export, interstate import, Import into India, export from India or transshipment any narcotic drugs or psychotropic substances.

B] Power of central Government to permits ,control, and regulate: :
Central government may ,by rule permits and regulates:
1. The cultivation, or gathering, of any portion of coca plant or the production of, sale purchase,transport.
2.The cultivation of the opium (only an account of central government)
3. The production and manufacture of opium and production of poppy straw.

• The sale of opium derivative from the central government factories for export from India or sale to state Government or to manufacture chemist . 
• Manufacture of manufacture drug other than opium but not including manufacture of medicinal opium or any preparation containing any manufactured drug from material which the maker is lawfully entitled to possess.
• The manufacture ,possession ,transport, import , inter state, export inter state, sale,purchase,consumption,or use of psychotropic substances. 
• The import into India and export, from India and transshipment of narcotics drugs and psychotropic substances.
• Control of certain operation by central government: 

According to the rules:

• The limits within which licenses may be given for the cultivation of opium poppy. 
• All opium, the product of land cultivated with the opium poppy shall be delivered by the cultivator to the officer authorities on behalf of central government . 
• Fix the price to be paid to the cultivator for the opium delivered. 
• The rule may prescribe the forms and condition of licenses or permit 
• The rule may prescribe that opium shall be weighed, examined and classified according to its quality and consistency by the officer authorities 
• Weigh, examination and classification, according to the quality and consistence of the opium received at the factory and the deductions from or additions to the standard price to be made in accordance with the result of such examinations.
• The form and condition of licensed may be granted and the fees that may be charged therefore;
• The rule may require that opium delivered by a cultivator if found to be adulterated may be confiscated.
• The rule may be prescribe the port and other places at which narcotic drugs or psychotropic substances may be imported into India or exported from India or transshipped.

C] Power of state government to permits, control, and regulate:

• The possession,transport,inter state import ,inter state export ,sale, purchase Warehousing sale consumption, and use of poppy straw. 
• The possession,transport,inter state import ,inter state export ,sale, purchase Warehousing sale consumption, and use of opium. 
• Operation related to cannabis plant excluding ganja. 
• Manufacture of the medicinal opium or any preparation containing any manufacture drugs. 
• Operation related with prepared opium and of coca leaf and any preparation or manufacture drugs. 
• Possession of prepared opium lawfully by an cultivator on medicinal advice for his personal consumption. 

Control of certain operation by State government:
According to the rules:

• The time limits within which cultivator may be given for the cultivation of any cannabis plant. 
• Authorization : only the cultivator licensed by the prescribe authority . The price to be paid to the cultivator for cannabis delivered. 
• Prescribe the form and condition of licensed or permits licenses or permits for some or all of. 

PENALTIES & OFFENCES:

Clause- 1

The contravention of provision in respect of poppy , poppy straw . opium, coca plant, coca leaves, prepared opium, manufactured drugs and psychotropic substances. Illegal import or export or external dealing and transshipment of narcotic drugs and psychotropic substances. Allowing use of premises or Vehicle commission of an offence under the act. Embezzlement of opium by license cultivator Contravention in respect of cannabis plant [other than ganja]

Penalties:-Imprisonment not less than 10 years with a fine of rupees 1 lakh .This may be extend to imprisonment up to 20 years and fine upto2lakhs

Clause-2

Contravention in respect of cannabis plant related to ganja. The punishment is rigorous imprisonment up to 5 years and fine up to Rs.50,000

Clause-3

Failure to keep a record or account or failure to submit the returned as required by law or keeping false record and making false statement is an offense. Failure to produce licenses when demanded by authority is an offense. Willful breach of any provision of act or condition of license for which no separate penalty is prescribe.

Penalty:-Rigorous imprisonment up to 5 years or fine or both

Clause -4

Illegal possession for personal consumption of cocain,morphine diacetyl morphine or any Narcotic drugs and Psychotropic substances

Penalty:-Rigorous imprisonment for a term which may be extend to one year or fine which may be extend to Rs. 20,000 or both, The Narcotic drugs and psychotropic substances consumed is other than those specified in or under clause 4(a) with imprisonment for term which may extend to six months or fine which may extend to Rs.10,000/- or both

Clause-5

Financing illicit traffic and harboring offender or directly and indirectly financing any of the activity specified in sub-class 1 to 4

Penalty:- Rigorous imprisonment for a term which shall not be less than 10 years but which may be extend up to 20 years and fine which shall not be less than Rs.1 lakh which may be exceeding Rs.2 lakhs.

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Related Reading - Narcotic Drugs and Psychotropic Substances Act 1985

Bibliography:

Forensic pharmacy by B.S.Kuchekar, A.M.Khandatare & S.C.Jitkar,6 th Ed. Nirali Prakashan . Mittal B.M.,A Text book of Forensic Pharmacy,9 th Ed. Vallabh Prakashan.