CHAPTER – 4: NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT
Points to be covered in this topic
➜ 4.1 INTRODUCTION
➜ 4.2 OBJECTIVES
➜ 4.3 DEFINITION
➜ 4.4 AUTHORITIES AND OFFICERS
➜ 4.5 PROHIBITION, CONTROL AND
REGULATION
➜ 4.6 OFFENCES AND PENALTIES
4.1 INTRODUCTION
• Central Act like Opium Act, 1857, the Opium Act, 1878 and the Dangerous Drugs
Act, while the Rules repeal the Central Opium Rules, 1934, the Dangerous Drugs
Rules, 1957.
• Act and Rules was passed in 1985
• Act came in force on 14th November 1985 and extends to
the whole of India.
• There are only two opium factories in India: Gazipur (UP) and Neemuch (MP).
4.2 OBJECTIVES
• To consolidate and amend the existing laws relating to narcotic drugs.
• To make stringent provisions for the control and regulation of
operations relating to narcotics drugs and psychotropic
substances.
• To provide for the forfeiture of property derived from, or used
in, illicit traffic in narcotic drugs and psychotropic substances.
4.3 DEFINATIONS
1. Addict:
A person habitual to regular use of any narcotics drug or psychotropic substance.
2. Cannabis (Hemp):
a) Charas: Separated resin, whether crude or purified, obtained from the
cannabis plant and concentrated preparation and resin known as hashish
oil or liquid hashish.
b) Ganja: Flowering or fruiting tops of the cannabis plant (excluding the seeds and
leaves when accompanied by the tops) by whatever name hey may be known.
c) Any mixture, with or without any neutral material, of any of the above forms of
cannabis or any drink prepared from them.
3. Coca Derivative:
a) Crude cocaine is any extract of coca leaf which can be used
directly or indirectly for manufacture of cocaine.
b) Ecgonine and all the derivatives of ecgonine from which it
can be recovered.
c) Cocaine is methyl ester of benzoyl-ecgonine and its salts.
All preparations containing more than 0.1% of cocaine
4. Coca Leaf:
a) The leaf of the coca plant except 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% of cocaine.
5. Manufacture:
a) All processes other than production by which drugs or substances may be
obtained.
b) Refining and transformation of such drugs or substances
c) Making of preparation or containing such drugs or substances.
6. Manufacture drugs:
a) All coca derivatives, medicinal cannabis, opium derivatives and poppy straw
concentrate.
b) Any other narcotic substance or preparation which the Central Government may,
having regard to the available information as to its nature or to a decision; if any,
under any International Convention, by notification in the Official Gazette, declare
to be a manufactured drug.
7. Medicinal cannabis (Medicinal hemp): Any extract or tincture of
cannabis.
8. Narcotic Drug: Coca leaf, cannabis (hemp), opium straw and includes
all manufactured goods.
9. Opium:
a) The coagulated juice of the opium poppy.
b) Any mixture, with or without neutral material of the coagulated juice of the
opium poppy but does not include any the preparations containing less than 0.2% of
morphine.
10. Opium derivative:
It includes:
a) Medicinal opium and Prepared opium.
b) Phenanthrene alkaloids such as morphine, codeine, thebaine, and their salts.
c) Diacetylmorphine is the alkaloid also known as diamorphine or heroin and its
salts
• All preparations containing more than 0.2% of morphine or containing any
diacetylmorphine.
11. Opium Poppy:
The plant of the species Papaver somniferum L. and the plant of any other species
of Papaver from which opium or any other phenanthrene alkaloid can be extracted.
12. Poppy straw:
Poppy straw means all parts (except the seeds) of the opium poppy
after harvesting whether in their original form or cut, crushed and
powdered and whether or not juice has been extracted therefrom.
13. Psychotropic Substances:
Any substance, natural or synthetic, or any natural material or any salt or
preparation of such substance or material, which is included in the list of
Psychotropic substances specified in the Schedule.
Example: Amphetamine, Dexamphetamine, Ketamine, Methamphetamine,
Mecloqualone, Methaqualone, Midazolam, Secobarbital, Alprazolam etc.
14. Illicit traffic:
• Cultivating any coca plant or gathering any portion of coca plant.
• Cultivating the opium poppy or any cannabis plant.
• Dealing in narcotic drugs and psychotropic substances.
• Engaging in the production, manufacture, possession, sale, purchase,
transportation, warehousing concealment, use of consumption, interstate import,
inter-state export, import into India, export from India or trans-shipment, of
narcotic drugs or psychotropic substances.
• Financing any activity by himself or through any other person in the furtherance
or in support of doing any of the aforesaid acts.
• Abetting or conspiring in the furtherance or in support of doing any of the
aforesaid acts except to the extent permitted under the Narcotic Drugs and
Psychotropic Substances Act, 1985, or any rule or order made, or any condition of
any license permit or authorisation issued, thereunder.
4.4 AUTHORITIES AND OFFICERS
4.4.1 Measures by Central Government:
Central Government to take measures for preventing and
combating abuse of narcotic drugs, etc.
i. Co-ordination of actions by various officers, State Govt. and
other authorities under this act.
ii. Obligations under the International convention.
iii. Identification, treatment, education, after care, rehabilitation & social
reintegration of addicts.
iv. Such other matters for effective implementation and preventing and combating
the abuse of narcotic drugs and psychotropic substances and illicit traffic therein.
4.4.2 Officers of Government:
• Narcotic commissioner and other officers are appointed by the
Central Government.
• They exercise all powers and perform all functions relating to the
cultivation and production of opium.
• The officers shall be general control and direction of the Central Government, or
if so directed by the Government, also of the Board or any other authority or
officer.
• Narcotic Commissioner himself or with the help of other officers shall perform
the functions relating to:
a) The supervision of the cultivation of the opium poppy
b) Production of opium
c) Other functions as may be entrusted to him by the Central Government.
• Narcotics Commissioner may authorize any officer subordinate to him, to exercise
all or any of his powers under the Rules.
4.4.3 Narcotic Drugs and Psychotropic Substances Consultative Committee:
• Central Government may constitute, an advisory committee to be called “The
Narcotic Drugs and Psychotropic Substances Consultative Committee”.
• To advice Central Government on such matters related administration of the Act
as may be referred to it by that Government from time to time.
• The Committee shall consist of a Chairman and such other members, not
exceeding 20, as may be appointed by the Central Government.
4.4.4 Officers of State Government:
• The State Government may appoint officers with such designations.
• Officers shall be subjected to general control and direction of the State
Government or, if so directed by that Government, also of any other authority or
officer.
4.4.5 National Fund for Control of Drug Abuse:
• Central Government constitute a Fund to be called the National Fund for Control
of Drug Abuse.
• The Fund shall be applied by the Central Government to meet the expenditure
incurred in connection with the measures taken for combating illicit traffic in
narcotic drugs, psychotropic substances or controlled substances.
• Central Government may constitute a Governing Body to advise the government
in regard to application of the fund.
• Governing Body shall consist of a Chairman and such other members not
exceeding six as the Central Government may appoint.
4.5 PROHIBITION, CONTROL AND REGULATION
4.5.1 Prohibition of certain operations:
No person shall—
a) Cultivation of any coca plant or any portion of the coca plant.
b) Cultivation of opium poppy or cannabis plant.
c) Production, manufacture, possession, sale, purchase, transportation, warehousing
consumption, import, export etc. of any NDPS, except for medical or scientific
purposes.
4.5.2 Prohibition of certain activities relating to property derived from offence:
No person shall-
a) Convert or transfer any property knowing that such property is derived from an
offence committed under this Act.
b) Conceal or disguise the true nature, source, location, disposition of any property
knowing that such property is derived from any offence committed under this Act
or under any other corresponding law of any other country.
c) Knowingly acquire, possess or use any property which was derived from any
offence committed under this Act or under any other corresponding law of any
other country.
4.5.3 Power of Central Government to Permit, Control and Regulate:
a) Permit and regulate:
i. Cultivation or gathering of any of coca plant, or the production, sale, purchase,
transport, import and export.
ii. Cultivation of the opium poppy.
iii. The production and manufacture of the opium and poppy straw.
iv. The sale of opium from the Central Government factories to State Government
or to the manufacturing chemists.
v. The manufacture of manufactured drugs (other than opium) but not including
manufacture of medicinal opium.
vi. The manufacture, possession, transport, sale, purchase, consumption or use of
Psychotropic substances.
b) Prescribe any other matter requisite to render effective the control of the State
Government over any of the matters specified above.
4.5.4 Power of State Government to Permit, Control and Regulate:
a) Permit or regulate:
i. The possession, transport, import inter-state, export inter-state, warehousing, sale,
purchase, consumption and use of poppy straw and use of opium.
ii. The cultivation of any cannabis plant, production, manufacture, possession,
transport, import inter-state, export inter-state, sale, purchase, consumption or use
of cannabis (excluding Charas).
iii. The manufacture of medicinal opium or any preparation containing any
manufactured drug from materials which the marker is legally entitled to possess.
iv. The manufacture and possession of prepared opium from opium lawfully
possessed by an addict registered with the State Government on medical advice for
his personal consumption.
b) Prescribe any other matter requisite to render effective the control of the State
Government over any of the matters specified above.
4.5.5 Power to control and regulate controlled substances:
• If the Central Government is of the opinion that, having regard to the use of any
controlled substance in the production or manufacture of any narcotic drug or
psychotropic substance
• Provide for regulating by licences, permits or otherwise, the production,
manufacture, possession, transport, import inter-State, export inter-State, sale,
purchase, consumption, use, storage, distribution, disposal or acquisition of any
controlled substance.
4.6 OFFENCES AND PENALTIES