Narcotic and psychotropic substances act

1. THE NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES ACT,1985
WITH RULES 1985

2. Contents
Introduction and
Objective
Definitions
Authorities and Officers
Offences and Penalties

3. Introduction and Object
 Opium act 1857, Dangerous Drugs Act 1930 was
enacted long time ago.
 Many drawbacks have come to notice in the said acts.
 Government of India has repealed these old acts and
passed “The Narcotic Drugs and Psychotropic
Substances Act,1985”
 The act contains stringent provisions to prohibit,
control and regulate the operations relating to NDPS.
 Provides license for both Central and State
Government to regulate the
Mfg,cultivation,import,export,tranportation,sale and
possession of NDPS.

4. Object
 The Main object of act is to Consolidate and
Amend the law relating to Narcotic drugs to make
stringent provision for the control and regulation
of operations relating to NDPS.
 The prevention of Illicit Traffic in NDPS ordinance
1988 was passed to provide detention in certain
cases for purpose of prevention of Illicit Traffic in
NDPS.

5. Definitions
 Addict: a person habitual to regular use of any narcotic drug
or psychotropic substance is known as Addict.
 Medicinal cannabis: (Medicinal hemp): It is any extract or
tincture of cannabis.
 Narcotic drug: it means coca leaf, cannabis(hemp),opium,
any poppy straw including all mfg drugs.
 Psychotropic substances: it means any substance natural or
synthetic or any salt or preparation such substance or
material which is included in the list of psychotropic
substances specified in the schedule.
 Opium: it means the coagulated juice of the opium poppy and
its mixture with or without neutral material.
 Opium poppy: it includes the plant of papaver somniferum
and other species of papaver from which opium or any
phenanthrene alkaloid can be extracted.

6. Illicit Traffic(Suppliment to NDPS)
The prevention of illicit traffic in NDPS,ordinance,1988.
 Cultivating any coca plant or gathering any portion of
coca plant.
 Cultivating the opium poppy or any cannabis plant.
 Engaging in
production,mfg,possession,sale,purchase,transportatio
n
export, import into of NDPS.
 Dealing in NDPS.
 Financing any activity by himself or through any other
person in the support of doing any of the aforesaid
acts.
 Harboring persons engaged in any of the activities

7. Officers of central Government
 Under the provision of this act, Central
government may appoint Narcotic Commissioner
and other officer as it fit..
 Narcotic commissioner and other officer may
function:
 1. the supervision of cultivation of opium poppy.
 2. Production of opium.
 3. other functions as may be interested to him by
CG.
 The state government may appoint such officers
as deemed fit for the purposes of the act.

8. The NDPS consultative
committee
 CG may constitute an advisory committee known
as above.
 Consist of a Chairman and other members not
more than 20, as appointed by CG.
 For efficient functioning of committee may appoint
a sub-committee.
 Committee shall advice CG on the matters
relating to the administration of this act.

9. POWERS OF CG TO PERMIT,CONTROL
AND REGULATE.
 1.Permission and regulation of certain operations by
CG.
 i. the cultivation of coca plant or
production,sale,purchase,transport
Import inter-state,export inter-state,use or consumption of
coca leaves.
 ii. The cultivation of opium poppy.
 iii. The production and mfg of opium and poppy straw.
 iv. The mfg,possession,transport,import,inter-
state,export inter-state,sale,purchase,consumption of
psychtropic substances.
 v. the import into India and export from India and trans-

10.  2. Control on Certain Operations by Central Government:
 i.gov. shall fix the time to time limits within which licenses
may be given for the cultivation of opium poppy.
 ii. All opium which are cultivated shall be delivered to
officers authorised on behalf of CG.
 iii. The CG may fix price on time to time amount that should
be paid to cultivators for the opium delivered.
 iv. The rules may prescribe that opium shall be weighed,
examined and classified according to its quality and by the
officers authorized in this behalf by the CG in the presence
of cultivator at the time of delivery .
 v. The rules may prescibe the forms and conditions of
license for the mfg of mfg drugs, the authorities by which
such license may be granted and fees that may be charged
thereof.
 vi. the rules may prescribe the ports and other places at
which any kind of NDPS may be imported into India or
exported from India or trasnshipped,the forms and

11.  vii. The rules require that opium delivered by a
cultivator, if found as a result of examination in the CG
factory to be adulterated, may be confiscated by the
officers authorities in this behalf.

12. Offences and penalties
 1. Punishment for contravention in relation to poppy
straw: Rigorous imprisonment for not less than ten
years which may be extended to twenty years with fine
not less than one lakh rupees which may extend to two
lakh rupees.
 2. Punishment for contravention in relation to Coca
plant and leaves: Rigorous imprisonment for not less
than ten years which may be extended to twenty years
with fine not less than one lakh rupees which may
extend to two lakh rupees.
 3. Punishment for contravention in relation to prepared
opium: Rigorous imprisonment for not less than ten
years which may be extended to twenty years with fine

13.  4. Punishment for contravention in relation to opium
poppy and opium: Rigorous imprisonment for not less
than ten years which may be extended to twenty years
with fine not less than one lakh rupees which may extend
to two lakh rupees.
 5. Punishment for contravention in relation toCannabis
plant and cannabis: Rigorous imprisonment for not less
than ten years which may be extended to twenty years
with fine not less than one lakh rupees which may extend
to two lakh rupees.
 6. Punishment for contravention in relation to Mfg drugs
and preparations: Rigorous imprisonment for not less
than ten years which may be extended to twenty years
with fine not less than one lakh rupees which may extend
to two lakh rupees.
 7. Punishment for contravention in relation to
Pyschotropic substances: Rigorous imprisonment for not
less than ten years which may be extended to twenty