The National Policy on Narcotic Drugs and Psychotropic Substances is based on the Directive Principles, contained in Article 47 of the Indian Constitution, which direct the State to endeavor to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drugs injurious to health.

1. Narcotic Drugs: An Overview about
Narcotics Control Bureau
The National Policy on Narcotic Drugs and Psychotropic Substances is based on the
Directive Principles, contained in Article 47 of the Indian Constitution, which direct the State
to endeavor to bring about prohibition of the consumption, except for medicinal purposes, of
intoxicating drugs injurious to health.
international conventions guide the government’s policy on the subject which flows from this
constitutional provision.
India is a signatory to the Single Convention on Narcotic Drugs 1961, as amended by the
1972 Protocol, the Conventions on Psychotropic Substances, 1971, and the United Nations
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.
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Three Broad Policies of the Central Act
Three Central Acts contain broad legislative policy, viz. Drugs and Cosmetics Act,
1940, The Narcotic Drugs and Psychotropic Substances Act, 1985, and The
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.
The responsibility of number of Ministries, Departments and Organisations, which is a
central function, is carried out through a number of Ministries, Departments and
Organisations. These include the Ministry of Finance, the Department of Revenue
which has the nodal coordination role as administrator of the Narcotic Drugs and
Psychotropic Substances Act, 1985, and the Prevention of Illicit Traffic in Narcotic
Drugs and Psychotropic Substances Act, 1988.
● The Narcotic Drugs and Psychotropic Substances Act of 1985. Which came into
effect on the 14th of November 1985 made an express provision for constituting a
Central Authority for the purpose of exercising the powers and functions of the
Central Government under the Act.
● In presence of this provision, the Government of India constituted the NARCOTICS
CONTROL BUREAU on the 17th of March, 1986. The Bureau, subject to the
supervision and control of the Central Government, is to exercise the powers and
functions of the Central Government for taking measures with respect to:
Coordination of actions by various offices, State Governments, and other authorities under
the N.D.P.S. Act, Customs Act, Drugs and Cosmetics Act, and any other law for the time
being in force in connection with the enforcement provisions of the NDPS Act, 1985.
● Implementation of the obligation in respect of countermeasures against illicit traffic
under the various international conventions and protocols that are in force at present
or which may be ratified or acceded to by India in the future.

2. ● Assistance to concerned authorities in foreign countries and concerned international
organizations. This facilitate coordination and universal action for prevention and
suppression of illicit traffic in these drugs and substances.
● Coordination of actions taken by the other concerned Ministries, Departments and
Organizations in respect of matters relating to drug abuse.
The Narcotics Control Bureau is the apex coordinating agency. It also functions as an
enforcement agency through its zones and sun-zones. Zones are located at Ahmedabad,
Bengaluru, Chandigarh, Chennai, Delhi, Guwahati, Indore, Jammu, Jodhpur, Kolkata,
Lucknow, Mumbai, and Patna. Sub-zones are located at Ajmer, Amritsar, Bhubaneswar,
Dehradun, Goa, Hyderabad, Imphal, Mandsaur, Madurai, Mandi, Raipur, Ranchi, and Kochi.
The zones and subzones collect and analyze data related to seizures of narcotic drugs and
psychotropic substances, study trends, modus operandi, collect and disseminate
intelligence, and work in close cooperation with the Customs, State Police and other law
enforcement agencies.
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Primary functions of NCB
The chief purpose of the Narcotics Control Bureau is to fight drug trafficking on an all-India
level. It works in close cooperation with the Customs and Central Excise/GST, State Police
Department, Central Bureau of Investigation (CBI). Also with Central Economic Intelligence
Bureau(CEIB), and other Indian intelligence and law enforcement agencies at national and
states level. The NCB also provides resources and training to the personnel of India's Drug
Law Enforcement Agencies in fighting drug trafficking. The NCB also monitors India's
frontiers to track down points where smuggling activities take place with foreign traffickers.
Secondary functions of NCB
● Coordination among various Central and State Agencies engaged in drug law
enforcement;
● Assisting States in enhancing their drug law enforcement effort;
● Collection and dissemination of intelligence;
● Analysis of seizure data, study of trends and modus operandi;
● Preparation of National Drug Enforcement Statistics;
● Liaison with International agencies such as UNDCP, INCB, INTERPOL, Customs
Cooperation Council, RILO etc;
● National contact point for intelligence and investigations.
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DRUG CONTROL STRATEGY AND POLICY
The Narcotic Drugs and Psychotropic Substances Act 1985 sets out the statutory framework
for drug law enforcement in India. This Act consolidates the erstwhile principal Acts, viz. The
Opium Act 1857, the Opium Act 1878 and the Dangerous Drugs Act, 1930. The NDPS Act
also incorporates provisions designed to implement India's obligations under various

3. International Conventions. Certain significant amendments were made in the Act in 1989 to
provide for the forfeiture of property derived from drug trafficking and for control over
chemicals and substances used in the manufacture of narcotic drugs and psychotropic
substances.
In order to give effect to the statutory provisions relating to these substances, an order,
namely the N.D.P.S. (Regulation of Controlled Substances) Order, was promulgated by the
Government of India in 1993 to control, regulate and monitor the manufacture, distribution,
import, export, transportation etc of any substance which the Government may declare to be
a 'controlled substance' under the Act. The statutory regime in India consequently covers
drug trafficking, drug related assets as well as substances which can be used, in the
manufacture of narcotic drugs and psychotropic substances. Some further amendments
were incorporated in the NDPS Act in 2001, mainly to introduce a graded punishment.
The primary counter-narcotics focus areas in India include:-
● Surveillance and enforcement at import points and land borders.
● Preventive and interdiction efforts along the known drug routes.
● Control measures at export points, such as air-passenger terminals, cargo terminals
and foreign post offices.
● Improved coordination between the various drug law enforcement agencies.
● Identification and eradication of illicit cultivation and the wild growth of cannabis and
the opium poppy.
● Strengthening of the intelligence apparatus to improve the collection, collation,
analysis and dissemination of operational intelligence.
● Increased international cooperation, both in operational and long-term intelligence as
well as in investigations and mutual legal assistance.
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Precursor Control In India
Chemicals frequently used in the manufacture of illicit narcotic drugs and psychotropic
substances are referred to as precursors. These chemicals have a large number of
legitimate uses.But only a small fraction of the total production is sufficient to meet the
requirements of the illicit drug industry. The UN Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances, 1988 (1988 Convention for short) identifies the
following 23 precursors as the chemicals which need to be controlled.
Psychotropic Substances As Per UN Convention
1. Acetic Anhydride
2. Acetone
3. Potassium permanganate
4. Anthranilic acid
5. N -acetylanthranilic acid
6. Ethyl ether
7. Ephedrine

4. 8. Hydrochloric acid
9. Ergometrine
10. Methyl ethyl ketone
11. Ergotamine
12. Piperidine
13. Isosafrole
14. Sulphuric acid
15. Lysergic acid
16. Toluene
17. 3,4-methylenedioxyphenyl-2-propanone
18. 1-phenyl-2-propanone
19. Piperonal
20. Pseudoephedrine
21. Safrole
22. Phenylacetic acid
23. Norephedrine
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control of precursorsin India
In India, precursors are going to control under three different Acts and by three different
agencies as follows:
Controls under the NDPS (Regulation of Controlled Substances) Order, 1993:
This order issued under Section 9A of the NDPS Act,1985 requires manufacturers,
distributors, sellers, importers, exporters, and consumers of specified controlled substances
to maintain records and file quarterly returns with the Narcotics Control Bureau. Precursors
covered: Acetic anhydride, N-acetyl anthranilic acid, Ephedrine and Pseudoephedrine, and
Anthranilic acid.
Controls imposed under the EXIM policy:
The export-import policy framed under the Foreign Trade (Development and Regulation) Act,
1992 imposes restrictions on the import and export of goods. Export of seven precursors is
subject to a “No Objection Certificate” and import of three precursors is restricted. Export of
Acetic anhydride, Ephedrine, Pseudoephedrine, Methyl ethyl ketone, 1-Phenyl-
2-Propanone, 3,4 methylenedioxyphenyl-2-propanone and Potassium permanganate require
a “No Objection Certificate” from the Narcotics Commissioner. The import of acetic
anhydride, ergometrine, ergotamine and piperonal also require a “No Objection Certificate”
from the Narcotics Commissioner.
Controls under Section 11 of the Customs Act 1962:
The goods specified under this section are subject to intensive checks in the specified areas
by the Customs officers. Acetic anhydride has been notified as a specified substance under
this section within an area of 100 km. along the Indo – Myanmar border and 50 km. along
the Indo-Pak border by the Government of India. Broadly, the special measures under this

5. section require all persons who own, possess, or transport acetic anhydride to maintain
records and notify the Customs officers of the details of quantities held and transported.
The Central Government, in the exercise of powers conferred by Section 9 (A) of NDPS Act
1985, issued an order called The Narcotic Drugs and Psychotropic Substances
(Regulation of Controlled Substances Order 1993) which came into 15th April 93. This
order stipulates various procedures with regard to specified substances declared to be
controlled.
The Narcotic Drugs and Psychotropic Substances (Regulation of
Controlled Substances Order 1993)
● Every person who manufactures or distributes or sells or imports or exports or
consumes any controlled substance shall maintain a daily account of activities in
form I or II and this record of his activity shall be preserved for a period of two years.
● The person dealing with controlled substances shall report to Director General,
Narcotics Control Bureau, immediately regarding any loss or disappearance of any
controlled substance under his control.
● Any consignment of controlled substance shall be moved from one place to another
only when it is accompanied by a consignment note in the prescribed format
(Form-3) and the consignor shall make necessary entries on the triplicate copy of the
consignment with reference to the receipt of a controlled substance. A quarterly
return or such movements shall be sent by registered post in Form –IV or V to the
concerned Dy. Director, NCB.
● Any consignment of an imported controlled substance shall be accompanied by a bill
of entry from the port of entry to the warehouse or establishment of importer. This
consignment note / bill of entry shall be preserved for a period of two years by the
consignor or consignee by importer or purchaser.
● No transporter shall carry a consignment of controlled substance without a
consignment note or bill of entry. He should produce the same when required by any
official empowered in this regard.
Every sale of 100kg or more shall be made by a seller only after
establishing the identity of the buyer.
● Upon the declaration made for the purpose for which controlled substance is being
purchased. Every container/vessel containing a controlled substance in a
consignment for export/import shall be labeled prominently, giving the details of name
and quantity of the controlled substance with the name and address of exporter and
importer and consignee.
● The documents relating to import / export of any controlled substance shall be
preserved for a period of two years.
● Schools, colleges, universities, government or autonomous institutions, registered
scientific societies and hospitals using any controlled substance for educational,
scientific and analytical purposes are exempted from maintaining records as
prescribed under clause 3 and sending returns as prescribed under this clause. They
shall however comply with other provisions of this Order.

6. Section 25 A. Of the NDPS Act, 1985 provides punishment for any contravention of the
Order made under section 9 A. An offender is liable for rigorous imprisonment. Which may
extend to 10 years, and a fine, which may extend to one lakh rupees. The court may impose
a fine exceeding one lakh rupees after recording the reasons therefore.
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Agencies Empowered Under The NDPS Act
Power of entry, search, seizure, and arrest without warrant -
Any officer (being an officer superior in rank to a peon, sepoy or constable) of the
departments of central excise, narcotics, customs, revenue intelligence or any other
department of the Central Government, including para-military forces or armed forces as is
empowered in this behalf by general or special order by the Central Government, or any
officer (being an officer superior in rank to a peon, sepoy or constable) of the revenue, drugs
control, excise, police or any other department of a State Government as is empowered in
this behalf by general or special order of the State Government.
If he has reason to believe from personal knowledge or information given by any person and
taken down in writing that any narcotic drug, or psychotropic substance, or controlled
substance in respect of which and offence punishable under this Act has been committed or
any document or other article which may furnish evidence of the commission of such offence
or any illegally acquired property or any document or other article which may furnish
evidence of holding any illegally acquired property which is liable for seizure or freezing or
forfeiture under Chapter V-A of this Act is kept or concealed in any building, conveyance or
enclosed place, may between sunrise and sunset.
Enter into and search any such building, conveyance, or place;
1. In case of resistance, break open any door and remove any obstacle to such entry;
2. Seize such drug or substance and all materials used in the manufacture thereof and
any other article and any animal or conveyance which he has reason to believe to be
liable to confiscation under this Act and any document or other article which he has
reason to believe may furnish evidence of holding any illegally acquired property
which is liable for seizure or freezing or forfeiture under Chapter V-A of this Act; and
3. Detain and search, and if he thinks proper, arrest and person whom he has reason
to believe to have committed any offense punishable under this Act. Provided that if
such officer has reason to believe that a search warrant or authorization cannot be
obtained without affording opportunity for the concealment of evidence or facility for
the escape of an offender, he may enter and search such building, conveyance or
enclosed place at any time between sunset and sunrise after recording the grounds
of his belief.
Where an officer takes down any information in writing under sub-section (1) or records
grounds for his belief under the proviso. He shall within seventy-two hours send a copy
thereof to his immediate official superior. Recently, The Narcotics Control Bureau (NCB) has
arrested the country’s first ‘darknet’ narcotics operative under the Narcotic Drugs and
Psychotropic Substances (NDPS) Act.

7. Darknet refers to the hidden internet platform used for narcotics sale, exchange of
pornographic content, and other illegal activities by using the secret alleys of the onion router
(ToR- free and open-source software for enabling anonymous communication) to stay away
from the surveillance of law enforcement agencies. It is tough to crack because of its
end-to-end encryption. operators use the payment gateways of cryptocurrencies like Bitcoins
and Litecoin to conceal transactions from regulatory agencies. The NCB is a part of a global
‘Operation Trance’, launched in December 2019, which is a joint intelligence-gathering action
on international postal, express mail, and courier shipments containing psychotropic drugs
(which can only be purchased on a doctor’s prescription) that are abused as sedatives and
painkillers.