Regulations of Narcotic Substances in India

1. PRESENTATION

2. Prepared By-
MUSTAFA KAMAL AHMED KHAN
Enrolment No.- 2018-340-006
5th Semester, B.Sc.- Toxicology,
Department of Toxicology
SCLS , Jamia Hamdard,
New Delhi, 110062.
SUBIMITTED TO : DR. MOHD. ASHIF KHAN

3. “REGULATIONS
OF NARCOTIC
SUBSTANCES”

4. DRUG ABUSE LEGISLATIONS IN INDIA-HISTORICAL BACKGROUND:
The Opium Act, 1857
In India, the earliest enactment on narcotic came on the statute book on 6th June, 1857
in the shape of the Opium Act, XIII of 1857 with a view to consolidating and amending
the law relating to the cultivation of the poppy and the manufacture of opium. The
Opium Act 1857, was concerned with the issue of licenses to cultivators for the cultivation
of poppy, the delivery of produce to the officers of the Central Government at the
established rate the limits to be fixed from time to time within which such license could
be issued, the fixation from time to time of prices to be paid for the opium produced in
respect of which it ensured, through its various provisions, a central government
monopoly over it. It provided for penalty on cultivator receiving advances and not
cultivating full quantity of land, penalty for embezzlement of opium by cultivators,
penalty for illegal purchase of opium from cultivator penalty for unlicensed cultivation,
penalty on officers of opium department taking bribes for enhanced penalty and for
adjudication of penalties. It fixed the duties of landholders and others and police and
other officers for giving information of illegal cultivation and provided for the attachment
in case of illegal cultivation, confiscation of adulterated opium.

5. The Opium Act, 1878
The Opium Act, 1857 was followed by the Opium Act 1 of 1878. The following statements of objects and reason of the
opium bill was published in the Gazette of India 1877 Part V, page 465: “The Present Bill has the following objects:
(1) To enable the Governor General in council to bring the Opium Act 1878 into force in such local areas and at such
respective dates as he think fit.
(2) To remove the doubts as to whether Sections 4 and 5 of that Act of the free export and import of opium when
thought desirable.
(3) To permit and regulate by rules framed under that act the form of opium duties and to facilitates the recovery of
their dues by the farmers.
(4) To correct a clerical error in section 22 of the same Act.
Thus, this Act sought to regulate the possession, transport export, import and sale of opium. The prohibition
of poppy cultivation and possession etc. of opium was provided in this Act. It provided penalty for the illegal cultivation
of poppy and for bond. It also provided for warehousing of opium, confiscation of opium disposal of things confiscated
and rewards powers and procedures for entry, arrest, seizure, search etc. It also provided for presumption in
prosecution under the Act. Since the effectiveness of this legislation is dependent upon its rigid enforcement, its
purpose should not be defeated by hyper technicalities particularly when the infirmity, if any can be effectively
remedied without any injustice.

6. The Dangerous Drugs Act, 1930
In accordance with the resolution of the assembly of League of Nations, dated 27
September, 1923, the second international opium conference was convened at Geneva
on 17th November 1924, where in a convention rating to Dangerous Drugs was
adopted in 19th February 1925. India was not only a participant to the said conference
but was also a signatory to the Geneva Convention. The contracting parties to the said
convention resolved to take appropriate measures to suppress contraband traffic and
abuse of dangerous drugs especially those derived from opium, Indian hemp and coca
leaf. In order to honour their commitments the government of India placed the
Dangerous Drugs Act (II of 1930) on the statute book on 1st March, 1930 with a view to
controlling certain operations in dangerous drugs and to centralize and vest the same
in the central government. The Act also aimed at increasing penalties for certain
offences relating to dangerous drugs and to render uniform all penalties relating to
certain operations concerning such drugs. The Dangerous Drugs Act came into force
on the Ist February, 1931.

7. • With that object this Act provided for the exercise of control by the Central
government over the cultivation of dangerous drugs, production and supply of
opium and opium derivatives, manufacture of manufactured drugs like cocaine,
morphine and other narcotic substances, medical opium, export, import and
transshipment of dangerous drugs. It dealt with opium, Indian hemp and coca
leaves.
• It also provided for penalties for various offences under the Act for their attempts
and abetments and also provided enhanced penalties ranging from a maximum of 3
years imprisonment with or without fine to a maximum of four years imprisonment
with or without fine but no minimum punishment was provided therein.

8. • Apart from these three Central Acts, several state Acts namely, The Madhya Pradesh
Opium Smoking Act 1929, the Uttar Pradesh Opium Smoking Act 1934, the Bombay
Opium Smoking Act 1936, the Orissa Opium Smoking Act 1947, the Assam Opium
Prohibition Act 1947, also exercised control over the narcotic drugs.
• It prescribed procedure including power to issue warrants, power of seizure and
arrest in public places. The State governments were vested with the power to invest
excise officers with the powers of an officer in charge of a Police Station. The
provisions of the Sea Customs Act 1878 were made applicable.

9. WHAT IS NARCOTIC
• The term narcotic originally referred medically to any psychoactive compound with sleep-
inducing properties, and euphoric properties as well.
# A psychoactive drug, psychopharmaceutical, or psychotropic drug is a chemical
substance that changes nervous system function and results in alterations
in perception, mood, consciousness, cognition, or behavior.
• The term "narcotic" is believed to have been coined by the Greek physician Galen to refer to
agents that numb or deaden, causing loss of feeling or paralysis. It is based on the Greek
word ναρκωσις (narcosis), the term used by Hippocrates for the process of numbing or the
numbed state. Galen listed mandrake root, altercus (eclata), seeds, and poppy juice (opium)
as the chief examples. It originally referred to any substance that relieved pain or induced
sleep. Now, the term is used in a number of ways. Some people might define narcotics as
substances that bind at opioid receptors (cellular membrane proteins activated by substances
like heroin or morphine), while others refer to any illicit substance as a narcotic.

10. • The statutory control over narcotic drugs was being exercised under The Opium Act, 1857, The Opium
Act, 1878 and The Dangerous Drugs Act, 1930 were enacted a long time ago. With the changing
circumstances and the developments in the field illicit drug traffic and drug abuse at national and
international level ,many drawbacks have come to notice in the said Acts. The Government of India has
repealed these old Acts and passed “The Narcotic Drugs and Psychotropic Substances Act,1985’’. This
Act came into force on 14th November 1985.
• The system of control of Narcotic Drugs in India has been put in place considering the requirement of
narcotic drugs and psychotropic substances for medical use and the country’s obligations towards the UN
conventions. India is a signatory to The UN Single Convention on Narcotics Drugs 1961, The Convention
on Psychotropic Substances, 1971 and The Convention on Illicit Traffic in Narcotic Drugs and
Psychotropic Substances, 1988 which prescribe various forms of control aimed to achieve the dual
objective of limiting the use of narcotics drugs and psychotropic substances.

11. • The basic legislative instrument of the Government of India in the regard is the Narcotics
Drugs and Psychotropic Substances (NDPS) Act, 1985. Various Ministries and Departments
under the Government of India as well as the State Governments exercise various functions
pertaining to drug demand and supply reduction. The aspect of drug supply reduction is looked
after by various enforcement agencies under the Ministry of Finance, Ministry of Home Affairs
and State Governments. The aspect of drug demand reduction is handled by the Ministry of
Social Justice & Empowerment and that of treatment of drug addicts and their rehabilitation
falls under the domain of the Ministry of Health.

12. • Narcotic Drugs and Psychotropic Substances have several medical and scientific uses.
However, they can be and are also abused and trafficked. India's approach towards
Narcotic Drugs and Psychotropic Substances is enshrined in Article 47 of the
Constitution of India which mandates that the ‘State shall endeavour to bring about
prohibition of the consumption except for medicinal purposes of intoxicating drinks
and of drugs which are injurious to health’.
• The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 was framed taking
into account India’s obligations under the three UN drug Conventions as well as Article
47 of the Indian Constitution.

13. • This Act prohibits, except for medical or scientific purposes, the manufacture, production,
trade, use, etc. of narcotic drugs and psychotropic substances.
• The Governments’ policy has thus been to promote their use for medical and scientific
purposes while preventing their diversion from licit sources, and prohibiting illicit traffic
and abuse.
• The NDPS Act has created statutory authorities such as the Narcotics Commissioner
(Section 5), the Competent Authority (Section 68D) and the Administrator (Section 68G).
The organization headed by the Narcotics Commissioner is known as the Central Bureau
of Narcotics (CBN). Another authority called the Narcotics Control Bureau (NCB) was
created through a notification under Section 4 of the Act.

14. • Government business is divided in the Central Government as per the Allocation of
Business Rules. As per these Rules, the NDPS Act is administered by the Ministry of
Finance, Department of Revenue.
• The Narcotics Control Bureau, under the Ministry of Home Affairs (MHA),
coordinates actions by various functionaries (Central and State) under the NDPS Act.
• The State Governments also have their own Health Departments and Social Welfare
Departments each of which has its own set of activities relating to Drug Demand
Reduction.
• Hence, for our study, the brief sketch of following drug laws enacted in India is
necessary:- (1) The Narcotic Drugs and Psychotropic Substances Act, 1985. (2) The
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
(3) The Prevention of Money Laundering Act, 2002 and (amendment) Act, 2005 and
2009. (4) Drugs and Cosmetics Act, 1940.

15. • several departments and organizations of the Central and State Government are
involved in various activities relating to narcotic drugs and psychotropic substances.
Some of these are listed below:

16. TRADE IN NARCOTIC DRUGS
• The Chief Controller of Factories, New Delhi shall ensure adequate and
uninterrupted supply of morphine, codeine, thebaine and their salts to the users in
India, in particular-of codeine phosphate which is consumed in quantities far in
excess of its domestic production. The likely demand and estimated production
within the country should be assessed well in advance of the commencement of the
year and steps taken to ensure that the demand supply gap is adequately met
though import.
• Sale, transport, use and consumption of narcotic drugs is regulated by the State
Governments under the State NDPS Rules framed under the NDPS Act. Excessive
regulations and cumbersome procedures in many States have discouraged the
doctors from prescribing narcotic drugs such as morphine and chemists from
stocking them. Morphine, a derivative of opium, is known to be the best analgesic
and which alone will relieve pain such as the pain of a terminally ill cancer patient or
of a victim of gunshot.

17. SMUGGLING OF DRUGS
• Smuggling of drugs into and out of the country has been a very important problem
of drug control in India and hence will be an area of focus.
• In order to effectively counter the problem of smuggling, efforts will be made to:
a) Sensitize and build capacities of personnel posted at the land borders, sea
frontiers and airports.
b) Establish mechanisms for and continuously strengthen cross border
cooperation with neighbouring countries, and in particular, develop mechanisms for
direct exchange of intelligence between Indian officers posted at these posts and their
counterparts in the neighbouring countries.
c) To curb the growth of illegal internet pharmacies indulging in smuggling of
preparations containing narcotic drugs and psychotropic substances.

19. • While as per the NDPS Act, 1985, any officer empowered under the Act may arrest and
prosecute drug traffickers, it shall be the primary responsibility of the specialized drug
enforcement organizations such as Narcotics Control Bureau, Central Bureau of Narcotics,
Directorate General of Revenue Intelligence and the Special Anti-Narcotics Cells, by
whatever name they are called, in the State Police and other organizations to collect
intelligence about drug trafficking, drug traffickers, investigate cases and prosecute the
offenders.
• Prevention of Illicit Traffic in NDPS (PITNDPS) Act-1988 may be used to secure preventive
detention of the major drug traffickers. As they deal in large volumes, and earn
substantially through trafficking, every effort will be made by the concerned organization
to identify, seize and freeze his/her properties and follow up the case vigorously till
his/her properties are forfeited.
Detention under PITNDPS Act 1988 :
u/s 10 of this act says that “Cases in which and circumstances under which persons may be detained for
periods longer than three months without obtaining the opinion of Advisory Board”

20. REFFERRENCES:
• https://dor.gov.in/sites/default/files/National%20Policy%20on%20NDPS%20published.pdf
• http://www.cbn.nic.in/html/NationalPolicyEnglish.pdf
• https://shodhganga.inflibnet.ac.in/bitstream/10603/38108/10/10_chapter%203.pdf
• http://legislative.gov.in/sites/default/files/A1985-61.pdf
• http://legislative.gov.in/sites/default/files/COI-updated.pdf

21. THANK YOU