Pharmaceutical Jurisprudence

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Narcotic Drug and Psychotropic Substances Act-
1985 and Rules

2. Contents
1) Introduction
2) Objectives
3) Legal Definitions
4) General Study
5) Constitution and functions of narcotic and
psychotropic consultative committee
6) National fund for controlling the drug abuse
7) Prohibition
8) Control and release
9) Cultivation and production of opium
10) Manufacture
11)Sales and import and export of opium
12) References
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3. Introduction
 Coca, Hemp, Opium and other related substances are excellent drugs.
 Though they are excellent drugs but they are habit forming substances.
 These drugs are also called as “dangerous drugs”, because they are misused for euphoria and
addiction.
 Due to degenerative effects of these drugs, government of different countries restricts their
use.
 Certain restrictions on cultivation, manufacture and trade of dangerous drugs were
implemented by this act.
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4. Objectives
 To amend and consolidate the existing law related to narcotic drugs.
 To provide a healthy and social life.
 To Control and regulate the operation related to Narcotic drugs and psychotropic
substances.
 Prevention of illicit trafficking of these dangerous drugs.
 Prevention of people becoming addict to the drugs.
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5. Legal Definitions
1. Addict:
A person who is enthusiastic or dependent to a regular use of any narcotic drugs or
psychotropic substances.
2. Psychotropic substance:
It is a natural or synthetic or salt or preparation of the list of psychotropic substances included
in the schedule.
3. Narcotic drug:
It consists of coca leaf, hemp, opium and all related manufactured drugs.
4. Cannabis
a. Charas - It is a resin either in crude or purified form obtained from cannabis
plant which consists of conc. preparations and a resin called
“liquid hashish”.
b. Ganja - It consists of cannabis plant flowering or fruiting tops.
c. Any mixture- It is a mixture consists of with or without any neutral material of
charas or ganja or other drinks prepared from cannabis.
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6. Legal Definitions
5. Coca derivatives:
 It is an extract of coca leaf that is used for the manufacture of
coca leaf either directly or indirectly.
 Ecgonine and all derivatives of it.
 Cocaine-It is a methyl ester of benzoyl ecgonine and salts of
it.
 All preparations consists of more than 0.1% cocaine
6. Coca plant:
 It is the species of Erythroxylon plant
7. Coca leaf:
 It is the leaves and young twigs of Erythroxylon plant.
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7. Legal Definitions
8. Opium- It is the opium poppy coagulated juice and mixture of with or without any
opium poppy coagulated juice.
9. Opium poppy- It is obtained from the plant of papaver somniferum or the plant of
any species of papaver.
10. Opium derivatives-
• Prepared Opium-The Opium is processed for smoking.
• Medicinal Opium-The Opium is manipulated for medicinal purposes.
• Phenanthrene alkaloids like codeine, morphine, thebaine etc.
• Diamorphine and its salts.
• All preparations consists of more than 0.2%morphine or amount of
diamorphine.
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8. Authorities and officers
 Central government appoints a narcotic commissioner and other such officers deemed fit for the
purpose of the act.
 The state govt. appointed officers for controlling the cultivation of opium poppy, production of
opium.
Narcotics commissioners
 Narcotics commissioners has the power to perform all function related to the cultivation of opium
poppy and production.
 He may authorize any officers subordinate to him to exercise any or all of his power under the rules
of the act
 He may carryout any or all of the functions or workout any of the powers assigned to the officers
subordinate to him under the rules of the act.
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9. Narcotic Control Bureau(NCB):
 It is the nodal drug law enforcement and intelligence agency of India responsible for fighting drug
trafficking and the abuse of illegal substances.
 The Director general of NCB is an officer of the Indian Revenue Service or Indian Police Service.
 Headquarters : New Delhi
 Founded : 1986
 Primary governing body : Government of India
 Agency executives : Rakesh Asthana IPS,
Director General : R N Srivastava IRS,
Deputy Director General (Ops)
 Minister responsible : Amit Shah, Minister of Home Affairs
Evolution of Law
 In 1878, The Opium act of 1857 was first revised.
 The Opium act of 1878 was revised as Opium and Revenue Laws act in 1950.
 The above mentioned acts were repealed on 16th September 1985 and Act 61 of NDPSA 1985 was
enforced. 9
General Study

10. 1989 Amendment to NDPS act:
The 1989 amendment seek to provide for the following :-
 To constitute a national fund for control of drug abuse to meet the expenditure
incurred in connection with the measures for reducing illicit traffic and preventing drug
abuse.
 Providing free-trial disposal of seized drugs.
 To provide that no sentence awarded under the Act shall be cancelled, suspended,
remitted.
 Providing that offences shall be non-bail able and cognizable.
 To bring certain controlled substances used for preparation of narcotic drugs and
psychotropic substances under the scope of this Act.
 Providing death penalty on second opinion in respect to specified offences involving
specified quantities of drugs.
 To provide for a loss of property and a detailed procedure relating to the same. 10

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Constitutions and Functions of Narcotic and psychotropic
Consultative committee
1) The central government may appoint Narcotic commissioner to take measures for
preventing and reducing abuse and illicit traffic of Narcotic drugs and psychotropic
substances.
2) The Narcotic commissioner shall exercise all powers and perform all functions related
to the cultivation of the opium poppy and production of opium either by himself or
through subordinate officers.
3) He shall also perform other functions which may be assigned to him by central
government, All the appointed officers are under the control of central government.

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4) This act also used to appoint such officers by the state government with such
designations as it thinks fit for this purpose.
5) Other Provisions of this act
(a) The constitution of an advisory committee appointed by the central
government to be called The Narcotic Drugs and Psychotropic Substances
Consultative Committee.
(b) Establishment of the National Fund for control of Drug Abuse. It meets the
expenditure incurred in concentration with the then for reducing illicit traffic in or
regulating abuse of narcotic drugs and psychotropic substances.

13. National fund for controlling the drug abuse
(1) According to the notification in official gazette, the central government constitutes a fund
called as national fund for control of drug abuse.
(a) After due appropriation made by the parliament by law by this behalf will provide an
amount by central government
(b) Under chapter 5, the sale proceeds of any property fortified.
(c) Any permissions that may be made by any institution or person.
(d) Under a foreside provisions, any income from the investment of amounts credited to the
fund.
(2) To meet the expenditure incurred with connections, the government shall apply the funds-
(a) Prevention of drug abuse
(b)To control the misuse of narcotic drugs and psychotropic substances
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14. (c) Reducing illicit traffic in psychotropic substances or controlled substances and
narcotic drugs.
(d) Identification Treatment and rehabilitation for addicts.
(e) Providing drugs to addicts in case of medical necessity purposes
(f) Educating people against drug abuse.
(3) According to the official gazette, The governing body implemented by the central
government because it thinks fit to advise that government to sanction money out of the
said fund subject to the limit.
(4)The Central government may appoint a chairman and other such not more than 6
members for the governing body.
(5)The governing body shall have the power to control its own procedure. 14

15. Prohibition
 Sale, manufacture, purchase, transport, import, export related to all these dangerous
drugs prohibited by the government.
 The government grants permission for medical and scientific purposes.
Operations totally prohibited
 Cannabis plant cultivation.
 Opium poppy cultivation.
 Coca plant cultivation.
 Gathering any portion of coca plant.
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16. Control and Regulation
Two types
1. Operations controlled and regulated by the central government:
• Cultivation of coca plant, opium poppy and cannabis plant.
• Production and manufacture of opium and poppy straw.
• Manufacture of manufactured drugs.
• Import and export of narcotic drugs and psychotropic substances.
2. Operations controlled and regulated by the state government
• Medicinal opium manufacturing
• Cannabis plant cultivation
• Sale, transport, inner-state important inner -state export and use of
cannabis, opium and poppy straw.
• Manufacture of related substances 16

17. Cultivation of opium poppy
 Cultivation of opium poppy for the production of opium or poppy straw can be carried out on behalf
of central government in specified parts of the country (M.P, Rajasthan, U.P) in accordance with
the condition of license issued by district opium officer.
Application with form-2:-
 Name, fathers name and address of the cultivator.
 Name of the plot owner and the khasra number of the plot were poppy is to be cultivated.
 Crop year and area required for cultivation.
 Details if any, regarding the cultivation of the poppy by the applicant in the past and present year.
 Signature of the cultivator and lambardar with seal.
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18. Conditions of the license
 The license should not transfer his license and the land or plot mentioned in the license should be
used only for the cultivation of opium poppy or poppy straw.
 The license should extract as much opium as possible from the poppy plant and cultivate it in full area
of land for which he received advances from the government.
 Weight the opium collected daily from the crop in the presence of lambardar and affix his
signature or thumb mark of each entry.
 After that it should weighed under the supervision of the District opium officer or any other officer
who has been authorized by the narcotic commissioner.
 The license should accept the price fixed by the Central Government for the crop year on the opium
bought by him.
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19. Cont….
 The license should deliver the entire amount of opium produced by him to the government, if he
fails to do so, then he is liable for prosecution.
 NDPS act and rules and other orders issued by the competent authority. His license may be or
cancelled withheld at any time for any reason making him disqualified for the grant of the
license.
 The district opium officer may appoint one of the cultivators of opium poppy as lambardar in each
village. Where opium poppy is cultivated.
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20. Production of opium
 The cultivators during harvesting, are require produce each day's collection to the lambardar. the
lambardar would then weigh the produce and record it in suitable register maintained by him.
 Register attested by both lambardar and cultivators.
 All the opium that has been produced should be forwarded to the district opium officer by the
cultivators. The officer would then weigh the produce in his presence or any persons authorized by
him and the lambardar, followed by its examination and classification.
 If any cultivators is dissatisfied with the classification, then he can forwarded his produce to the
government opium factory where it is required to be classified only by the general manager.
 Opium officer if he suspect that the opium has been adulterated. The produce should be separately
sealed in the presence of both lambardar and cultivator and then sent to the factory.
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21. Cont..
 The price to be paid to the cultivators for the opium crop is fixed by the central government from
time to time.
 The district opium officer would then, based on this price, calculated the total amount paid to the
cultivator. He then pays 90% of the calculated price.
 The central government may also allow the cultivation of opium poppy only for the production of
poppy straw.
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22. In relation to narcotic drugs or psychotropic substances, includes-
(1) all processes other than production by which such drugs or substances may be
obtained;
(2) Refining or transformation of such drugsor substances;
(3) making of preparation (otherwise than in a pharmacy on prescription) with or
containing such drugs or substances.
Manufactured drug" means-
All coca derivatives, medicinal cannabis, opium derivative and poppy straw
concentrate;
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;
Manufacture

23. • Medicinal cannabis". that is, medicinal hemp, means any extract or tincture of cannabis
(hemp);
• Narcotics Commissioner" means the Narcotics Commissioner appointed under
section5;
• Narcotic drug" means coca leaf, cannabis (hemp), opium, poppy straw and includes
all manufactured drugs;
Opium
The coagulated juice of the opium poppy; and any mixture, with or without any neutral
material, of the coagulated juice of the opium poppy, but does not include any
preparation containing not more than 0.2 per cent. of morphine.
Medicinal cannabis

24.  Medicinal opium
 Prepared opium
 Phenanthrene alkaloids such as morphine, codeine, thebaine and their salts
 Diacetyl morphine (heroin) and its salts
 All preparation containing more than 0.2% of morphine or any amount of diacetyl morphine
Poppy straw” means all parts (except the seeds) of the opium poppy after harvesting whether in
their original form or cut, crushed or powdered and whether or not juice has been extracted there
from.
Psychotropic substance" means any substance, natural or synthetic, or any natural material or
any salt or preparation of such substance or material included in the list of psychotropic
substances specified in the Schedule.
Opium derivatives

25. OFFENCES PENALTY SECTION OF
ACT
Cultivation of opium, cannabis
or coca plants without license
Rigorous imprisonment- up to 10
years + fine up to Rs.1 lakh
Opium - 18(c)
Cannabis - 20
Coca-16
Embezzlement of opium by
licensed farmer
Rigorous imprisonment - 10 to 20
years + fine Rs. 1 to 2 lakhs
(regardless of the quantity)
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Production, manufacture,
possession, sale, purchase,
transport, import inter- state,
export inter-state or use of
narcotic drugs and psychotropic
substances
Small quantity - Rigorous
imprisonment up to 6 months or
fine up to Rs. 10,000 or both.
Rigorous imprisonment. up to 10
years + fine up to Rs. 1 Lakhs.
Commercial quantity - Rigorous
imprisonment 10 to 20 years +
fine Rs. 1 to 2 Lakhs
Prepared
opium-17
Opium – 18
Cannabis - 20
Psychotropic
substances -22
Import, export or
transhipment of NDPS
Same as above 23
Offences and penalty

26. OFFENCES PENALTY SECTION OFACT
External dealings in NDPS-
i.e. engaging in or controlling trade
whereby drugs are obtained from
outside India and supplied to a
person outside India
Rigorous imprisonment 10 to
20 years + fine of Rs. 1 to 2
lakhs (Regardless of the
quantity)
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Knowingly allowing one's
premises to be used for
committing an offence
Same as for the offence 25
Violations pertaining to
controlled substances
(precursors)
Rigorous imprisonment up to
10 years + fine Rs. 1 to 2 lakhs
25A
Financing traffic and
harboring offenders
Rigorous imprisonment 10 to
20 years + fine
Rs. 1 to 2 lakhs
27A
Attempts, abetment and criminal
conspiracy
Same as for the offence Attempts-28
Abetment and
criminal conspiracy
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Cont…

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Sales import and export of opium

28. Sales of opium
 Sales of state government on order of central government.
 Sale to manufacturing chemists or other can be effected only under the permit of state government.
 The permit application include:
 Purpose
 Stock in hand on date
 Quantity required
 Requirements for six months.
 3 copies of the application is sent to the factory.
 Price fixed by central government and it shall be per kg.
 Amount sanctioned to be purchase opium shall be sent to the factory by bank draft along with
purchase order.
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29. Narcotic drugs and psychotropic substances can be imported and exported subject to the following
restrictions:
• Import and export of narcotic drugs and psychotropic substances listed in Schedule I to the NDPS
Rules is prohibited.
• Import of opium, concentrate of poppy straw, and morphine, codeine, thebaine and their salts is prohibited
except by the Government Opium Factory. However, certain manufacturers who require these substances
only for export, and importers of samples of these substances up to 1 kg in a year can import the substances
after following the due procedure, provided they are notified by the Government to do so.
• Export of some psychotropic substances is not permitted to specific countries. These substances and the
countries to which each substance cannot be exported are listed in Schedule II of the NDPS Rules, 1985.
• To import any narcotic drug or psychotropic substance, one should apply for and obtain an import certificate
from the Narcotics Commissioner for each consignment.
• To export any narcotic drug or psychotropic substance, one should apply for and obtain an export
authorization from the Narcotics Commissioner for each consignment
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References
WEB REFERENCES:
1. https://indiacode.nic.in
2. www.wikipedia.com
1. G. Vidya Sagar, T.V. Narayana by “A text book of forensic pharmacy” (2nd
Corrected Ed.) Kalyani publishers, New Delhi 2005, 197-201, 204-205.
2. Dr. Manish Kumar, Garg Rajesh by “ A text book of pharmaceutical jurisprudence
Sia publishers and distributors Pvt.Ltd.

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