Notes- Narcotic Drugs and Psychotropic substances Act-1985 and Rules.pdf
1. THE NARCOTIC DRUGS AND
PSYCHOTROPIC SUBSTANCES
ACT 1985, WITH RULES 1985.
2. CONTENTS
Introduction
Objective
Definitions
Authorities & Officers
National Fund for Drug Abuse
Prohibition Control and Regulation
Cultivation of Opium Poppy and Production of Opium poppy straw Cultivation
Manufacture Sale and Export of Opium
Offences and Penalties
17. Section 8 of this Act prohibits certain operations such as cultivation of coca plant, opium
and cannabis plant, manufacture, possession, sale, purchase, transport, import, export
etc. relating to the narcotic drugs and psychotropic substances except for medical and
scientific purposes. However, section 9 of this Act empowers the Central Government to
permit, control and regulate by rules, certain operations relating to certain narcotic drugs
and psychotropic substances.
a) Prohibition of certain operations As per section 8: No person shall
b) Power of Central Government to Permit, Control and Regulate
i. Permission and Regulation of certain operations by Central Government
ii. Control on certain operations by Central Government
c) Power of State Government to Permit, Control and Regulate
i. Permission and Regulation of certain operations by State Government
ii. Control on certain operations by State Government
26. According to NDPS Act, no person can cultivate or engage production of opium or poppy straw
except on behalf of the Central Government and under a license granted for the purpose in such
parts of the country as may be specified. For the cultivation of opium in specified area and plots
licenses are issued by the District Opium Officers.
The District Opium Officer may also designate one of the licensed cultivators as Lambardar in
each village who shall perform such functions and on such terms as may be specified by the
Narcotic Commissioner. The licenses granted by District Opium Officers may be withheld or
cancelled by higher officers after giving a chance to the cultivator for being heard. If any opium is
cultivated under a license which is subsequently cancelled, the standing crop may be destroyed
under the supervision of an authorised officer in such manner as may be specified by the Narcotic
Commissioner.
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30. Fixation of Price of Opium: The Central Government shall, from time to time, fix the price of opium, to
be paid to the cultivators. Such price shall be fixed per kilogram of the opium of a standard consistence
32. 1. Manufacture of Opium: Manufacture of Opium can be made only by the Central Government at its two
factories situated at Ghazipur and Neemuch. However, opium mixtures may be manufactured from lawfully
possessed opium by a person authorised under the rules made by the State Government for the said purpose.
2. Sale of Opium: Sale of opium to State Governments or manufacturing chemists can be made only from
the Government Opium Factory, Ghazipur. The sale to manufacturing chemists is possible only under permit it
from the concerned State Government within whose jurisdiction; the chemist resides or has his place of
business. The permit by the State Government shall be issued in quadruplicate. One copy shall be retained by
the issuing authority and the remaining copies forwarded to the Government Opium Factory, Ghazipur. The
factory shall retain the duplicate copy for the record, send the original copy with the consignment of opium and
return the triplicate copy to the issuing authority after endorsing thereon the quantity actually supplied and the
date of dispatch. The price to be charged for opium sold by the Government Factory shall be fixed, from time to
time by the Central Government.
3. Export of Opium: The export of opium is prohibited except when it is on the behalf of the Central
Government.
