Licit drugs, Illicit Drugs, Opioids, cocaine Narcotic drugs means Coca leaf, cannabis, opium, poppy straw and all drugs manufactured from them Psychotropic drugs means any substances natural, synthetic or salt included in the list of Psychotropic substances specified in schedule. This presentation focusses on the offence and penalties associated with illicit activities associated with use of Narcotics and Psychotropic drugs in India

1. THE NARCOTIC DRUGS
AND
PSYCHOTROPIC
SUBSTANCES ACT
Total slides – 80
21-Jun-19 1
Presenter
Dr Rachit Sharma
Junior Resident (Psychiatry)
Armed Forces Medical College,
Pune
Moderator
Dr Harpreet Singh
Sr Adv (Psychiatry) & HoD
Dept of Psychiatry
Command Hospital (SC), Pune

2. Disclaimer
• Above presentation is only an overview of the act
• The slides in this presentation are not a complete
briefing of the act, hence cautioned not to use/refer
the same in legal aspect
• Some content of the presentation might be
misinterpreted on the account of poor legal
knowledge and ambiguity of legal content
• Request all to refer the act in detail
21-Jun-19 2

3. 21-Jun-19 3

4. 21-Jun-19 4

5. 21-Jun-19 5

6. Outline
• History
• Important definitions
• NDPS Act 1985 - Purpose & Organization
• The Narcotic Drugs And Psychotropic
Substances (Amendment) Rules, 2015
• Issues of Special relevance
• Take Home Points
• References
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7. History
21-Jun-19 7

8. History
21-Jun-19 8

9. Paris Convention 1931
• Control of - Opium, Coca and derivatives
(morphine, heroin and cocaine)
• 1931 – 1961 - Development of synthetic
opioids (methadone, pethidine, fentanyl)
• Surge in use of cannabis and its derivatives
21-Jun-19 9
Jiloha RC, Kukreti P, Kataria D. Forensic Psychiatry: An Indian Perspective. First Ed. 2019. Jaypee Brothers medical publishers
Pvt Ltd.

10. Single Convention on
Narcotic Drugs 1961
• Synthetic Opioids and Cannabis & its
derivatives were included
• Governments of opium-producing parties are
required to "purchase and take physical
possession of such crops as soon as possible"
after harvest to prevent diversion into the
illicit market
21-Jun-19 10
Jiloha RC, Kukreti P, Kataria D. Forensic Psychiatry: An Indian Perspective. First Ed. 2019. Jaypee Brothers medical publishers
Pvt Ltd.

11. Other drug control treaties
• Convention on Psychotropic Substances 1971
– Controls LSD, MDMA, and other psychoactive
pharmaceuticals
• United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic
Substances 1988
– Strengthens provisions against money laundering
and other drug-related offenses
21-Jun-19 11
Jiloha RC, Kukreti P, Kataria D. Forensic Psychiatry: An Indian Perspective. First Ed. 2019. Jaypee Brothers medical publishers
Pvt Ltd.

12. UN Offices dealing with Drug use
• International Narcotics Control Board
– Controls drug production, international trade, and
dispensation
• Commission on Narcotic Drugs
– Decides whether to control a precursor substance
• United Nations Office on Drugs and Crime
– Ensure compliance of signatory nations of the
Single Convention
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13. Important definitions
21-Jun-19 13

14. Important definitions
• DRUG
– Chemically – Any medical substance that affects
normal functioning of the body
– In medicine – Any substance with potential to prevent
or cure diseases or enhance physical or mental
welfare
– Pharmacology – Any chemical agent that alters
physiological or biochemical processes of tissues or
organisms
– Legally – Any substance listed in Sch I & II of the 1961
single convention on narcotic drugs, whether natural
or synthetic
21-Jun-19 14
Jiloha RC, Kukreti P, Kataria D. Forensic Psychiatry: An Indian Perspective. First Ed. 2019. Jaypee Brothers medical publishers
Pvt Ltd.

15. Important definitions
• Licit drugs- Use is sanctioned legally (Alcohol,
tobacco etc.)
• Illicit drugs - Use is contravened by law
(Cocaine, Charas etc.)
• Narcotic drug- means Coca leaf, cannabis
(hemp), opium, poppy straw and also includes
all drugs manufactured from them
21-Jun-19 15
Jiloha RC, Kukreti P, Kataria D. Forensic Psychiatry: An Indian Perspective. First Ed. 2019. Jaypee Brothers medical publishers
Pvt Ltd.

16. Important definitions
• Psychotropic substance- 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 (n≈120)
• Manufactured drugs- All coca derivatives,
medicinal cannabis, opium derivatives and
poppy straw concentrate
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17. Psychotropics
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18. Psychotropics
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19. Important definitions
• Cannabis (hemp)- Charas, Ganja, any mixture,
with or without any neutral material of any of the
above forms of cannabis or any drink prepared
therefrom
• Opium- Coagulated juice of opium, any mixture
or preparation containing morphine less than
0.2%
• Opium derivatives- Medicinal opium, prepared
opium, morphine, codeine and their salts and all
preparations containing morphine more than
0.2%
21-Jun-19 19
The NDPS (Amendment) Act, 2014 Gazette of India, S.O 1183(E), Sec 23, No. 16, 30 Apr 2014

20. Important definitions
• Poppy straw- 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
therefrom
• Poppy straw concentrate- Material arising
when poppy straw has entered into a process
for the concentration of its alkaloids
21-Jun-19 20
The NDPS (Amendment) Act, 2014 Gazette of India, S.O 1183(E), Sec 23, No. 16, 30 Apr 2014

21. Important definitions
• Coca derivative -
(a) Crude cocaine, that is any extract of coca leaf
which can be used, directly or indirectly, for the
manufacture of cocaine
(b) Ecgonine and derivatives
(c) Cocaine and its salts
(d) Preparations containing more than 0.1 % of
cocaine
• Coca leaf - Any preparation containing less
than 0.1% of cocaine
21-Jun-19 21
The NDPS (Amendment) Act, 2014 Gazette of India, S.O 1183(E), Sec 23, No. 16, 30 Apr 2014

22. Important definitions
• Controlled substance- Any substance as
declared by central govt, which can possibly
be used in the production or manufacture of
narcotic drugs or psychotropic substances
21-Jun-19 22
The NDPS (Amendment) Act, 2014 Gazette of India, S.O 1183(E), Sec 23, No. 16, 30 Apr 2014

23. Important definitions
• Illicit traffic –
– Engaged in illicit activities with respect to NDPS
– Handling or letting out any premises for the carrying
on of any of the activities
– Other activities –
• Financing, directly or indirectly, any of the illicit activities
• Abetting or conspiring in the furtherance of or in support
of doing any of the aforementioned activities
• Harbouring persons engaged in any of the illicit activities
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24. Legislative policy of India on
Drug abuse
21-Jun-19 24

25. Indian legislative policy on Drugs
• Article 47 of Constitution of India
• “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”
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26. The Narcotic drugs and
Psychotropic substances Act
21-Jun-19 26

27. NDPS Act, 1985
• Received the assent of President on 16 Sep 1985.
Came into force on 14 Nov 1985
• Governed through Ministry of Finance, Dept of
Revenue
• List of Amended act –
– First amendment – 1989
– Second amendment – 2001
– Third amendment – 2014
• Presently tabled as private member bill since
2017
21-Jun-19 27

28. Purpose of Act
• Make stringent provisions for control and
regulation of operations relating to narcotic
drugs and psychotropic substances (NDPS)
• Provide for the forfeiture of property derived
from or used in illicit trafficking of NDPS
• Implement the provisions of international
conventions on NDPS and for matters
connected therewith
21-Jun-19 28
The NDPS (Amendment) Act, 2014 Gazette of India, S.O 1183(E), Sec 23, No. 16, 30 Apr 2014

29. Organization of NDPS Act
I – Preliminary (Section 1-3)
II – Authorities and Officers (Section 4-7)
II A – National fund for control of drug abuse
(Section 8-14)
III- Prohibition, Control and Regulation (Section
15-40)
IV- Offences and Penalties (Section 41-68)
21-Jun-19 29

30. Organization of NDPS Act
V- Procedure related to this Act
(Section 68 A – 68 Z)
V A – Forfeiture of Property derived from,
acquired through or involved in Illicit traffic
(Section 69 – 93)
VI-Miscellaneous issues
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31. Chapters : NDPS Act
21-Jun-19 31

32. Chapter I: Preliminary
• Short title, extent and commencement
It extends to
– Whole of India
– All citizens of India outside India
– All persons on ships and aircrafts registered in
India
• Definitions
• Section 3 - Power to add to or omit from the
list of psychotropic substances
21-Jun-19 32
The NDPS (Amendment) Act, 2014 Gazette of India, S.O 1183(E), Sec 23, No. 16, 30 Apr 2014

33. Chapter II: Authorities and Officers
• Section 4 - Central Government to take
measures for preventing and combating abuse
of and illicit traffic in narcotic drugs,etc
• Section 5 - Officers of Central Government
• Section 6 - The NDPS Consultative Committee
• Section 7 - Officers of State Government
21-Jun-19 33
The NDPS (Amendment) Act, 2014 Gazette of India, S.O 1183(E), Sec 23, No. 16, 30 Apr 2014

34. Chapter II: Authorities and Officers
• Agencies empowered to enforce the act –
– Department of Customs and Central Excise
– Directorate of Revenue Intelligence
– Central Bureau of Narcotics
– Central Bureau of Investigation
– Border Security Force
– State Police and Excise Departments at the State
level
21-Jun-19 34

35. Chapter II A: National Fund For
Control Of Drug Abuse
• Section 7 - included after 1989 amendment
• Used for -
1. Combating drug abuse and illicit trafficking
2. Identifying, treating, rehabilitating addicts
3. Educating public against drug abuse
4. Supplying drugs to de-addiction centres
where such supply is a medical necessity
• Purposes of this fund are specified in sub-
section (1) of section 71 of the Act
21-Jun-19 35

36. Chapter III :
Prohibition, Control And Regulation
• Section 9 - Power to control and regulate
controlled substances
• Section 10 - Power of State Government to
permit, control and regulate
• Section 12- Restrictions over external dealings in
NDPS
• Section 13 - Special provisions relating to coca
plant and coca leaves for use in the preparation
of flavouring agent
• Section 14 - Special provision relating to cannabis
21-Jun-19 36

37. Chapter IV: Offences & Penalties
DRUG SMALL QUANTITY COMMERCIAL QUANTITY
Amphetamine 2 gm 50 gm
Buprenorphine 2 gm 20 gm
Charas/Hashish 100 gm 1 kg
Cocaine 2 gm 100 gm
Ganja 1 kg 20 kg
MDMA 0.5 gm 10 gm
Methamphetamine 2 gm 50 gm
Morphine 5 gm 250 gm
Poppy straw 1 kg 50 kg
Opium 25 gm 2.5 kg
LSD 2 gm 100 gm
Methadone 2 gm 50 gm
Heroin 5 gm 250 gm
21-Jun-19 37

38. Chapter IV: Offences & Penalties
Section Offence in
relation to
Penalties
Small qty Intermediate Commercial qty
15 Poppy Straw
RI up to 1
year or fine
up to Rs.
10,000 or
both
RI up to 10
years + fine up
to Rs. 1 Lakh
RI 10 to 20 years
+ fine Rs. 1 to 2
Lakhs,, the court
may for reasons
to be recorded
impose fine
above Rs 2 Lakhs
16 Coca plant & Leaves
17 Prepared Opium
18 Opium Poppy and
Opium
20 Cannabis
21 Manufactured drugs
and preparations
22 Psychotropics
23 Illegal import/Export
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39. Chapter IV: Offences & Penalties
21-Jun-19 39
Section Offence in relation to Penalties
25 For knowingly allowing premises for
commission of Offence
Same as for the offence
27 Consumption of any narcotic drug
and psychotropic substance
Cocaine, morphine, heroin - RI
up to 1 year or fine up to Rs.
20,000 or both
Other drugs- Imprisonment up
to 6 months or fine up to Rs.
10,000 or both
Addicts volunteering for de-
addiction treatment tender
immunity from prosecution
28 Attempt to commit offence Same as for the offence
35 Presumption of culpable mental state

40. Chapter IV Section 27
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41. Chapter IV Sec 39 (1)
1.Power of court to release certain offenders on
probation based on
– Offences related to small quantities
– Consideration of age, character, antecedents
– Physical or mental condition of the offender
2.With Indl’s consent, he can be released for
undergoing de-toxification or de-addiction
from a hospital or an institution maintained or
recognised by Government
21-Jun-19 41

42. Chapter IV Sec 39 (1)
3.He will enter into a bond in the form
prescribed by the Central Government
4.He will appear and furnish before the court
within a period not exceeding one year, a
report regarding the result of his medical
treatment
5.During this period, he will abstain from the
commission of any offence under Chapter IV
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43. Chapter IV Sec 39 (1)
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44. Chapter IV Sec 39 (2)
• As per medical report, if it is expedient, court
may direct the release of the offender after
due admonition and on entering into a bond
for abstaining from the commission of any
offence under Chapter IV
• On his failure to abstain from commission of
any offence during decided period (<3yrs),
indl will appear before the court and receive
sentence
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45. Chapter IV Sec 39 (2)
21-Jun-19 45

46. Chapter V: Procedure
• Section 64 - Power to tender immunity from
prosecution
• Section 64A - Immunity from prosecution to
addicts volunteering for treatment
– For offences punishable under section 27 or with
offences involving small quantity of narcotic drugs or
Psychotropic substances
– Voluntarily seeks to undergo treatment
– Immunity may be withdrawn, if the indl does not
undergo the complete treatment for de-addiction
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47. Chapter V: Section 64 A
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48. Chapter VI
21-Jun-19 48

49. Presumptions considered in
NDPS Act
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50. Culpable Mental State &
Other presumptions
(Section 35/54/60(3)/66)
Section 35 - Presumption of culpable mental state
Section 54 - Presumption from possession of illicit
articles
Section 60(3) - Presumption against the owner of any
animal or conveyance used in the process
Section 66 - Presumption as to documents in certain
cases
 When a lady of 70 years was being prosecuted under
the Act, sitting on the bags of poppy husk and
suspicious conduct constituted Culpable Mental
State. Balbir Kaur v/s State (2009) 15 SCC 795
21-Jun-19 50

51. The Narcotic Drugs And
Psychotropic Substances
(Amendment) Rules, 2015
21-Jun-19 51

52. Amendments : Sec 2(2) Definitions
• Essential narcotic drugs (ENDs)- a narcotic
drug notified by the Central Government for
medical and scientific use, e.g. Morphine,
Pethidine, Methadone, Fentanyl, Codeine
• Recognized medical institution
• Registered medical practitioner
• Licensed Chemist (deals with retail)
• Licensed Dealer ( deals with wholesale)
21-Jun-19 52

53. Prerequisites for
Registered medical institution (RMI)
• Officer In Charge (OIC) of ENDs -for managing
ENDs in RMI
• OIC Qualification – MCI registered Doctor,
trained in medical use of Opioids
• Storage – Double lock system
• Infrastructure – Facilities and staff for
evaluation and management of patients
• Space and Personnel for record keeping
21-Jun-19 53

54. Responsibilities of RMI
• Govt Hospitals are deemed RMI provided they
meet all prerequisites of RMI
• The drug shall be prescribed only by RMP
• OIC must have completed certified training in
medical use of ENDs
• Drugs shall be purchased only from authorized
chemist/dealer
• ENDs shall be prescribed only to selected
patients
21-Jun-19 54

55. Responsibilities of RMI
• END stock shall not be transferred, loaned or
sold to other institutions except with the
written permission of Drug controller of state
• All records and registers shall be maintained
from a period of two years from the last entry
• Expired stock – to be destroyed in presence of
an official designated by state drug controller/
Commissioner of food and drug control
administration (FDA)
21-Jun-19 55

56. Responsibilities of RMI
• Unused ENDs returned by patients – considered
as receipts, if drugs are in acceptable condition
• If there is a change in OIC – Details with date of
change to be intimated state drug controller/
Commissioner FDA within 7 days
• If RMI ceases to exist – Authorization certificate
along with details of balance stock of ENDs to be
surrendered to state drug controller
21-Jun-19 56

57. Responsibilities of OIC of RMI
• To ensure
– ENDs shall be dispensed to selected patients
registered with RMI
– RMI uses ENDs in the licit manner
– Stock of ENDs in RMI is uninterrupted and
adequately available (3 months stock)
– ENDs kept under safe custody
– Record of Form 3 E for each patient to be kept for
2 years from date of last entry
21-Jun-19 57
Jiloha RC, Kukreti P, Kataria D. Forensic Psychiatry: An Indian Perspective. First Ed. 2019. Jaypee Brothers medical publishers
Pvt Ltd.

58. 21-Jun-19 58

59. Responsibilities of OIC of RMI
• To ensure
– Maintenance of daily accounts of ENDs for
minimum of two years in Form 3 H
– Treatment of home care patients registered with
RMI – to depute a qualified person to carry ENDs
and to maintain record of that
– Filing of Annual returns to controller of drugs
before 31 Mar (Form 3 I)
21-Jun-19 59
Jiloha RC, Kukreti P, Kataria D. Forensic Psychiatry: An Indian Perspective. First Ed. 2019. Jaypee Brothers medical publishers
Pvt Ltd.

60. 21-Jun-19 60

61. 21-Jun-19 61

62. Prescribing ENDs
21-Jun-19 62

63. Relevent Forms
21-Jun-19 63

64. 21-Jun-19 64

65. 21-Jun-19 65

66. 21-Jun-19 66

67. 21-Jun-19 67

68. Issues of Special relevance
21-Jun-19 68

69. S. No Name of essential narcotic drug (END) Quantity
1. Morphine and its salts and all preparations
containing more than 0.2 % Of Morphine
500 mg
2. Methyl morphine (commonly known as„ Codeine ‟)
and Ethyl morphine and their salts
2000 mg
3. Dihydroxy Codeinone (commonly known as Oxy-
codone and Dihydroxycodeinone) and its salts
250 mg
4. Dihydro codeinone (commonly known as
Hydrocodone) and its salts
320 mg
5. Fentanyl and its salts and preparations Two transdermal
patches one each of
12.5 μg per hour and 25
μg per hour
21-Jun-19 69

70. 21-Jun-19 70

71. The Drugs and Cosmetics Act, 1940
• This act provide control of manufacturing
standards, sale, supply and distribution of drugs
• List of schedules of drug
– Schedule H – Drugs can be sold by retail on
prescription of RMP only
– Schedule X – List of drugs whose import, distribution,
manufacture, sale, packaging and labelling are to be
carried out under special provisions.
• Amphetamine, barbiturates, methylphenidate
• Retailer to preserve prescription for a period of two years
21-Jun-19 71
Jiloha RC, Kukreti P, Kataria D. Forensic Psychiatry: An Indian Perspective. First Ed. 2019. Jaypee Brothers medical publishers
Pvt Ltd.

72. The Drugs and Cosmetics Act, 1940
– Schedule G – List of drugs that could be
dangerous to take except under medical
supervision
• Cyclophosphamide, Insulin
• If a drug falls under NDPS Act - Prescription
with a symbol NRx on left hand corner
21-Jun-19 72
Jiloha RC, Kukreti P, Kataria D. Forensic Psychiatry: An Indian Perspective. First Ed. 2019. Jaypee Brothers medical publishers
Pvt Ltd.

73. Proposed amendments
(2017)
21-Jun-19 73

74. Proposed amendments
21-Jun-19 74

75. Take home points
21-Jun-19 75

76. Positive Aspects of current act
• More clear bill - Definitions have been modified and
explanations and clarifications have been introduced
• Inclusion of ENDs – Ease on use of narcotic drugs like
morphine, fentanyl for medicinal purposes
• Procedural delays accepted & addressed - Licensing
power has been transferred to a single authority, the
state food and drug administration, and the power to
regulate and frame rules will be vested with the Drug
Controller General of India
• More emphasis on treatment and Treatment centres
21-Jun-19 76

77. Concerns
• Stringent Act
– Under the law, proving possession alone is sufficient,
the prosecution does not have to prove intent to lead
to conviction
– It is impossible to tell whether the person is a peddler
or smuggler, or an addict
• Section 27
– Criminalising addiction stigmatises it  Automatically
inhibits addicts from coming forward for treatment
• Exclusion of bhang from the purview of NDPS
Act, 1985
21-Jun-19 77

78. Literature and Cinema
21-Jun-19 78
Fashion

79. References
1. The NDPS Act, 1985 Gazette of India, Extraordinary, Part II,
Sec 1, No. 75, 16 Sep 1985
2. The NDPS (Amendment) Act, 2014 Gazette of India, S.O
1183(E), Sec 23, No. 16, 30 Apr 2014
3. Vallath N, Rajagopal MR, Tandon T. Guidelines for stocking
and dispensing essential narcotic drugs in medical
institutions. NCG Palliative care committee. Aug 2017
4. The Drug and Cosmetic act, 1940.
5. Jiloha RC, Kukreti P, Kataria D. Forensic Psychiatry: An Indian
Perspective. First Ed. 2019. Jaypee Brothers medical
publishers Pvt Ltd.
21-Jun-19 79

80. INTERNATIONAL DAY AGAINST DRUG
ABUSE AND ILLICIT TRAFFICKING
26TH JUNE
DEPARMENT OF PSYCHIATRY
COMMAND HOSPITAL (SC) & AFMC, PUNE

81. THANK YOU
21-Jun-19 81
Khet khaliyano se ya chungi, naakon, raahon se
Yaari hai isko bandon ke kaale gunaahon se
Hai waadiyon mein, shadiyon mein
Marghaton mein yeh..
Rang raliyon mein, kaliyon mein
Aahaton mein yeh..
Hadein aursarhadein saaripaar kar gaya
Pehle mazaaurphir mazaarkar gaya
- Shellee (Udta Punjab)