Narcotic Drug and Psychotropic substances Act 1985 and Rules -(in crude form)

Narcotic Drug and Psychotropic substances Act 1985 and Rules 
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, illicit 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. Be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows: 

PRELIMINARY

 Short title, extent and commencement.-   

This Act may be called the Narcotic Drugs and Psychotropic Substances Act, 1985.   It extends to the whole of India [and it applies also- (a) to all citizens of India outside India; (b) to all persons on ships and aircrafts registered in India. Wherever they may be.]   It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State.  

This is a special Act, while adopting the liberal construction of the Act, it is found that the Act has been enacted with a view to make stringent provisions for the control and regulation of operations relating to the narcotic drugs and psychotropic substances; Gulam Mohiuddin v. State ofJammu and Kashmir, (1994) 1 Crimes 204 (J & K). 

Definitions.-In this Act, unless the context otherwise requires,-- [(i) "addict" means a person who has dependence on any narcotic drug or psychotropic substances;]  "Board" means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963);   "cannabis (hemp)" means-   charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish; (b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and (c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom;   (iv) "cannabis plant" means any plant of the genus cannabis; (v) "coca derivative' means  crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine; (b) ecgonine and all the derivatives of ecgonine from which it can be recovered; (c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and (d) all preparations containing more than 0.1 percent of cocaine;   (vi) "coca leaf" means  the leaf of the coca plant except of a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed; (b) any mixture thereof with or without any neutral material; but does not include any preparation containing not more than 0.1 per cent. of cocaine;  the protocol, amending the Convention mentioned in sub-clause (a),adopted by the United Nations Conference at Geneva in March, 1972;   the Convention on Psychotropic Substances, 1971 adopted by the United Nations Conference at Vienna in February, 1971; and   any other international convention, or protocol or other instrument amending an international convention, relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by India after the commencement of this Act;   (x) "manufacture", in relation to narcotic drugs or psychotropic substances, includes  all processes other than production by which such drugs or substances may be obtained;   refining of such drugs or substances;   transformation of such drugs or substances; and   making of preparation (otherwise than in a pharmacy on prescription) with or containing such drugs or substances;   (xi) "manufactured drug" means  all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate;   (e) all preparations containing more than 0.2 per cent. of morphine or containing any diacetylmorphine; A person, who assists a narcotics trafficker in concealing the narcotics in his apartment so that the trafficker may avoid detection, is involved in illicit traffic; R. v. Jackson, (1977) 35 CCC (2d) 331.   It may be noted that clause (iv) of section 2 (viiia) is independent of other clauses and is in the nature of a residuary provision. It would include an activity of distribution; R. Parkash v. State of Karnataka, (1980) Cr LJ 165.   The definition of the term 'manufacture' as contained in section. 2(x) is .an inclusive one. where the definition is an inclusive definition, the word not only bears its ordinary, popular andnatural sense whenever that would be applicable but it also bears its extended statutory meaning;   Heroin being an opium is manufactured drug; I.Paul Kuki v. State of West Bengal,(1993) 3 Crimes 660 (Cal) (DB).   It is true that opium is substance, which once seen and smelt can never beforgotten because opium possesses a characteristic appearance and a very strong andcharacteristic scent. It is possible for people to identify opium without having to subjectthe product to a chemical analysis. It is only when opium is in a mixture so diluted that itsessential characteristics are not easily visible or capable of being apprehended by thesenses that a chemical analysis may be necessary; Baidyanath Mishra v. State of Orissa,(1967) SCD 1165: 34 Cut LT 1.  
Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs,etc.-
(l) Subject to the provisions of the Act, the Central Government shall take all such measures as it deems necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances and the illicit traffic therein.  In particular and without prejudice to the generality of the provisions of sub-section (I), the measures which the Central Government may take under the sub-section include measures with respect to all or any of the following matters, namely: (a) coordination of actions by various officers, State Governments and other authorities (i) under this Act, or (ii) under any other law for the time being in force in connection with the enforcement of the provisions of this Act;   obligations under the International Conventions;   assistance to the concerned authorities in foreign countries and concerned international organisations with a view to facilitating coordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances; (d) identification, treatment, education, after care, rehabilitation and social re-integration of addicts;   such other matters as, the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act and preventing and combating the abuse of narcotic drugs and psychotropic substances and illicit traffic therein.

Officers of Central Government.-
(l) Without prejudice to the provisions of sub-section  (3) of section 4, the Central Government shall appoint a Narcotics Commissioner and may also appoint such other officers with such designations as it thinks fit for the purposes of this Act. (2) The Narcotics Commissioner shall, either by himself or through officers subordinate to him, exercise all powers and perform all functions relating to the superintendence of the cultivation of the opium poppy and production of opium and shall also exercise and perform such other powers and functions as may be entrusted to him by the Central Government. (3) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government, or, if so directed by that Government, also of the Board or any other authority or officer.

 6. The Narcotic Drugs and Psychotropic

 Substances Consultative Committee.-(l) The Central Government may constitute, by notification in the Official Gazette, an advisory committee to be called "The Narcotic Drugs and Psychotropic Substances Consultative Committee" (hereafter in this section referred to as the Committee) to advise the Central Government on such matters relating to the administration of this Act as are referred to it by that Government from time to time. (2) The Committee shall consist of a Chairman and such other members, not exceeding twenty, as may be appointed by the Central Government. (3) The Committee shall meet when required to do so by the Central Government and shall have power to regulate its own procedure.

NATIONAL FUND FOR CONTROL OF DRUG ABUSE

 National Fund for Control of Drug Abuse. -(l) The Central Government may, by notification in the Official Gazette, constitute a Fund to be called the National Fund for Control of Drug Abuse (hereafter in this Chapter referred to as the Fund) and there shall be credited thereto-  (a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide; (b) the sale proceeds of any property forfeited under Chapter V A;  any grants that may be made by any person or institution;   any income from investment of the amounts credited to the Fund under the aforesaid provisions.   The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with the measures taken for 
(a) Combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances; 
(b) Controlling the abuse of narcotic drugs and psychotropic substances; .
(c) identifying, treating, rehabilitating addicts; 
(d) Preventing drug abuse; 
(e) Educating public against drug abuse; 
(f) supplying drugs to addicts where such supply is a medical necessity.   The Central Government may constitute a Governing Body as it thinks fit to advise that Government and to sanction money out of the said Fund subject to the limit notified by the Central Government in the Official Gazette.]   The Governing Body shall consist of a Chairman (not below the rank of an Additional Secretary to the Central Government) and such other members not exceeding six as the Central Government may appoint.   The Governing Body shall have the power to regulate its own procedure.  

 Annual report of activities financed under the fund.

- The Central Government shall, as soon as may be, after the end of each financial year, cause to be published in the Official Gazette, a report giving an account of the activities financed under section 7-A during the financial year, together with a statement of accounts.

PROHIBITION, CONTROL AND REGULATION  
Prohibition of certain operations. -No person shall  cultivate any coca plant or gather any portion of coca plant; or (b) cultivate the opium poppy or any cannabis plant; or 1. Ins. by Act 2 of 1989, sec. 4 (w.e.f. 29-5-1989).   2. Subs. by Act 9 of 2001, sec. 4, for sub-sections (2) and (3) (w.e.f. 2-10-2001).  produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import interState, export inter-State, import into India, export from India or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or orders made there under and in a case where any such provision, imposes any requirement by way of licence, permit or authorization also in accordance with the terms and conditions of such licence, permit or authorization: Provided that, and subject to the other provisions of this Act and the rules made there under, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, transport, warehousing, import interState and export inter-State of ganja for any purpose other than medical and scientific purpose shall take effect only from the date which the Central Government may, by notification in the Official Gazette, specify in this behalf: l[Provided further that nothing in this section shall apply to the export of poppy straw for decorative purposes.]  

OFFENCES AND PENALTIES  
Punishment for contravention in relation to poppy straw. -Whoever, incontravention of any provisions of this Act or any rule or order made or condition of a licence granted thereunder, produces, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw shall be punishable,  where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both;   (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.   

Punishment for contravention in relation to coca plant and coca leaves.-Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses coca leaves shall be punishable with rigorous imprisonment for a term which may extend to ten years or withfine which may extend to one lakh rupees.  Punishment for contravention in relation to prepared opium Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable,

 PROCEDURE 

Power to issue warrant and authorisation.-(l) A Metropolitan Magistrate or a Magistrate of the first class or any Magistrate of the second class specially empowered by the State Government in this behalf, may issue a warrant for the arrest of any person whom he has reason to believe to have committed any offence punishable under this Act, or for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe any narcotic drug or psychotropic substance or controlled substance in respect of which an offence punishable under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter V A of this Act is kept or concealed:  Any such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the Central Government including the paramilitary forces or the armed forces as is empowered in this behalf by general or special order by the Central Government, or any such officer of the revenue, drugs control, excise, police or any other department of a State Government as is empowered in this behalf by general or special order of the State Government if he has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this Act or that any narcotic drug or psychotropic substance or controlled substance in respect of which any offence under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter V A of this Act is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him but superior in rank to a peon, sepoy or a constable to arrest such a person or search a building, conveyance or place whether by day or by night or himself arrest such a person or search a building, conveyance or place.   The officer to whom a warrant under sub-section (1) is addressed and the officer who   authorised the arrest or search or the officer who is so authorised under sub-section (2) shall have all the powers of an officer acting under section 42.

Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant.  -The provisions of sections 41, 42 and 43, shall so far as may be, apply in relation to the offences punishable under Chapter IV and relating to coca plant, the opium poppy or cannabis plant and for this purpose references in those sections to narcotic drugs, or psychotropic substance, [or controlled substance], shall be construed as including references to coca plant, the opium poppy and cannabis plant. 

Procedure where seizure of goods liable to confiscation not practicable.-Where it is not practicable to size any goods (including standing crop) which are liable to confiscation under this Act, any officer duly authorised under section 42 may serve on the owner or person in possession of the goods, an order that he shall not remove, part with or otherwise deal with the goods except with the previous permission of such officer. 

Duty of land holder to give information of illegal cultivation.-Every holder of land shall give immediate information to any officer of the police or of any of the departments mentioned in section 42 of all the opium poppy, cannabis plant or coca plant which may be illegally cultivated within his land and every such holder of land who knowingly neglects to give such information, shall be liable to punishment. 

Duty of certain officers to give information of illegal cultivation.-Every officer of the Government and every panch, sarpanch and other village officer of whatever description shall give immediate information to any officer of the Police or of any of the departments mentioned in section 42 when it may come to his knowledge that any land has been illegally cultivated with the opium poppy, cannabis plant or coca plant, and every such officer of the Government, panch, sarpanch and other village officer who neglects to give such information, shall be liable to punishment. 

Power of attachment of crop illegally cultivated.-Any Metropolitan Magistrate, Judicial Magistrate of the first class or any Magistrate specially empowered in this behalf by the State Government 2[or any officer of a gazetted rank empowered under section 42] may order attachment of any opium poppy, cannabis plant or coca plant which he has reason to believe to have been illegally cultivated and while doing so may pass such order (including an order to destroy the crop) as he thinks fit. 

Power to stop and search conveyance.-Any officer authorised under section 42, may, if he has reason to suspect that any animal or conveyance is, or 1. Ins. by Act 9 of 2001, sec. 20 (w.e.f. 2-10-2001). 2. Ins. by Act 2 of 1989, sec. 13 (w.e.f. 29-5-1989).

 Power to under take controlled delivery.- The Director General of Narcotics Control Bureau constituted under sub-section  (3) of section 4 or any other officer authorised by him in this behalf, may, notwithstanding anything contained in this Act, undertake controlled delivery of any consignment to (a) any destination in India; (b) a foreign country, in consultation with the competent authority of such foreign country to which such consignment is destined, in such manner as may be prescribed.]

 Power of entry, search and seizure :  1. Any Gazetted Officer of the Central Government or of a State Government authorised by a general or special order by the Central Government or, as the case may be, by the State Govermnent in this behalf may, with a view to securing compliance with this Order or to satisfy himself that the provision of this Order have been complied with -  –  enter and search any place,   – seize any drug, alongwith the containers, packages or coverings in which the drug is found, in respect of which he suspects that any provision of this Order has been, is being, or is about to be contravened, and thereafter take all measures necessary for securing production of the drug, containers, packages or coverings, so seized, in a court of law and for their safe custody pending such production;   – seize any document, such as, cash memo or credit memo books, books of account and records of purchase and sale of the drugs in respect of which he suspects that any provision of this Order has been, is being, or is about to be contravened.   The provision of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), relating to search and seizure shall, so far as may be, apply to searches and seizures under this Order.  

Power to review :Any person aggrieved by any notification issued or order made under paragraphs 3,5,8,9 or 10 may apply to the Government for a review of the notification or order within fifteen days of the date of publication of the notification in the Official Gazette or the receipt of the order by him, as the case may be, and the Government may make such order on the application as it may deem proper :   Provided that pending a decision by the Government on the application submitted under the above paragraph, no manufacturer, importer or distributor, as the case may be, shall sell a bulk drug or formulation, as the case may be, at a price exceeding the price fixed by the Government of which a review has been applied for.   

Power to issue guidelines and directions :   The Government, may for the purpose of implementing the provisions of this Order, authorise any Officer, by a general or special order, to inspect the premises of any manufacturer, importer, distributor or dealer and such manufacturer, importer, distributor or dealer shall allow such authorised officer and make available all relevant information required for the purpose.   The Government may, from time to time, issue such guidelines and directions, consistent with the provisions of this Order to any manufacturer or importer as may be necessary to carry out the provisions of this Order and such manufacturer or importer shall comply with such guidelines and directions.  

Penalties :   Any contravention of any of the provisions of this Order shall be punished in accordance with the provision of the Essential Commodities Act, 1955 (10 of 1955).     

Power to exempt :   Government may, having regard to the factors mentioned in sub-paragraph (2) and subject to such conditions as it may specify, by an order in the Official Gazette, exempt any manufacturer from the operation of all or any of the provisions of this Order.   While granting exemption under sub-paragraph (1), the Government shall have regard to all or any of the following factors -  
 –  number of workers employed;  
 –  amount of capital Invested;   
–  range/group and type of products manufactured;  
 –  sales turnover;  
 – production of bulk drugs from basic stage by a process developed through indigenous research and development, and which is significantly different from known processes and results in cost reduction;  
 – production of a new drug which has not been produced elsewhere, if developed through indigenous research and development;  

Delegation of powers :   The Government may, by notification in the Official Gazette, direct that all or any of the powers conferred upon it by this Order, other than those contained in paragraphs 22, 23, and 25 shall, subject to such restrictions, exceptions and conditions, as may be specified in the direction, be exercisable also by such Officer or authority as may be specified in the notification.     

Repeal and saving :   The Drugs (Prices Control) Order, 1987 is hereby repealed.   Notwithstanding such repeal, anything done or any action taken, including any notification or Order made, direction given, notice issued or exemption granted under the Drugs (Prices Control) Order, 1987, shall, in so far as it is not inconsistent with the provisions of this Order, be deemed to have been done, taken, made, given, issued or granted, as the case may be, under the corresponding provisions of this Order.