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Narcotic drugs and psychotropic substances act, 1985
1. Narcotic Drugs and Psychotropic
Substances Act, 1985 and Rules
Ravish Yadav
2. Features
⢠Objective
ď˝ Stringent provisions for control and regulation of operations relating to narcotic
drugs and psychotropic substances.
⢠Applicability
⢠Stringent punishment including forfeiture of property
⢠Cognizable offence even if âsmall quantityâ is possessed
3. ⢠Schedule to the Act
⢠List of narcotic and psychotropic substances: example- amobarbital,
chlordiazepoxide, amphetamine
⢠Schedule to the Rules
⢠I : Psychotropic substances whose import, export and transshipment are
prohibited- Coca leaf, cannabis, heroin etc
4. ⢠Schedule to the Rules
⢠II : Psychotropic substances not allowed to be exported to specific countries
⢠Example: Barbital, cyclobarbital to Pakistan
⢠III : Grant of licence for manufacture of PS for export only: clorazepam,
temazepam
6. ⢠Cannabis:
⢠charas, the separated resin in purified or crude form, includes concentrated
preparation and resin known as hashish oil or liquid hashish
⢠ganja, that is flowering or fruiting tops (excluding seeds and leaves when not
accompanied by the tops)
⢠Any mixture, with or without neutral material or any of the above forms of
cannabis or any drink prepared therefrom
⢠Opium derivative
⢠Medicinal opium (prepared according to IP or other pâia)
⢠Prepared opium: prepared or transformed for smoking
⢠Phenanthrene alkaloids, namely morphine, codeine, thebaine
⢠Diacetylmorphine- diamorphine and its salts
⢠All preparations containing more than 0.2% morphine or any diacetylmorphine
7. ⢠Manufacture: in relation of ND and PS
⢠All processes by which drugs or substances may be obtained
⢠Refining of such drugs or substances
⢠Transformation of such drugs or substances and
⢠Making of preparation (otherwise than in a pharmacy) with or containing such drugs or
substances
Authorities and Officers
⢠Measures by Central Government
⢠Officers of Government
⢠Narcotics Commissioner to supervise activities related to opium poppy
8. ⢠The Narcotic Drugs and Psychotropic Substances Consultative
Committee
⢠Committee with not more than 20 members
⢠Sub-committees may be set up
⢠National Fund for Control of Drugs Abuse
⢠Officers of State Government
9. Prohibition, Control and Regulation
⢠Prohibition of certain operations
⢠Prohibition of activities relating to property derived from offence
⢠Power of Central Government to permit, control and regulate
⢠Power to control and regulate controlled substances
⢠Power of State Government to permit, control and regulate
10. ⢠Prohibition of certain operations:
⢠Cultivation and/or gathering of coca plant
⢠Cultivate opium or any cannabis plant
⢠Produce, mfr, sell, possess, purchase, transport, warehouse, use, consume,
inter-State import or export
⢠Except for medical/scientific purposes with proper permission/licence
⢠Prohibition relating to property derived from offence
⢠Transfer or convert any property from offence under the Act
⢠Conceal or disguise any property derived from offence
⢠Knowingly acquire, possess or use any property derived from any offence
11. ⢠Power of Central Govt to permit, control and regulate:
⢠Cultivation and gathering of coca plant
⢠Cultivation of opium poppy
⢠Production and manufacture of opium and poppy straw
⢠Sale of opium and opium derivatives
⢠Mfr of mfd drugs
⢠Mfr, possession, transport, inter State export and import, sale, purchase,
consumption or use of psychotropic substances
12. ⢠Control on certain operations by Central Govt:
⢠Licences for cultivation of Opium poppy
⢠Cultivated opium to be delivered to authorized officers
⢠Fixation of price
14. ⢠Offences and Penalties
⢠In relation to poppy straw
⢠In relation to coca plant and coca leaves
⢠Prepared opium
⢠Opium poppy and opium
⢠Embezzlement of opium
⢠Cannabis plant and cannabis
⢠Manufactured drugs and preparations
⢠Psychotropic substances
⢠NOTE: The quantum of punishment varies with quantity, i.e. whether small,
commercial or in between: 6 months to 20 years and fine up to 2 lakhs or more
15. Offences and Penalties
⢠Illegal import, export or transshipment of ND & PS
⢠External dealings in ND & PS.
⢠Allowing premises for committing offence
⢠Acts by licensee or his servants (up to 3 years RI)
⢠Financing illicit traffic and harbouring offenders
⢠Consumption of ND & PS (upto 1 year)
⢠Attempts to commit offences
16. Offences and Penalties
⢠Abetment and criminal conspiracy
⢠Enhanced punishment for subsequent offence
⢠Death penalty for certain offences
⢠Offences involving commercial quantity of narcotic
(example: morphine 1kg, opium 10kgs, cocaine 500gm etc)
Editor's Notes
Cognizable offence: criminal offence in which police can file an FIR, investigate and arrest without a Court warrant. Serious offences like Murder, Robbery, Theft etc
Non-cognizable offence: Police cannot investigate without permission or directions from Court.
Cannabis: Charas- separated resin, purified or crude, includes concentrated preparation known as hashish; ganja- flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves) and any mixture with or without neutral material of any of the above forms of cannabis or any drink prepared there from.
Opium derivative includes: a) medicinal opium, that is opium that has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the IP or any other pharmacopoeia, b) prepared opium that is obtained by any series of operations designed to transform opium into an extract suitable for smoking and any residue remaining after it is smoked, c) phenanthrene alkaloids- codeina, morphine, thebaine and their salts, d) diacetyl morphine (heroin) and its salts and e) all preparations containing more than 0.2% of morphine.
A foreign national in Colva beach seeing a police patrol tried to speed away on motor cycle. He lost control and fell down. He threw a packet later found to contain brown sugar. His motor cycle was searched and found to possess narcotic drugs like ganja oil and brown sugar sealed in camera case, shaving cream tube, shoe and torch light. Samples were seized and sealed in presence of two pancha witnesses. On analysis, it was confirmed to be containing morphine and other had the typical odour of cannabis. Prosecuted and sentenced to imprisonment for 10 years and fine of Rs. 1,00,000 by Sessions Judge. Appealed to High Court citing following points:
Absence of injury on the person proves that the prosecution theory of him having fallen from the vehicle to be false
Pancha witnesses not having proper credentials.
Omission to include the motor cycle owner as co-accused
Possession of small quantity for personal use (section provides for punishment for small quantity for personal use also)