The Narcotic and Psychotropic
Substance Act and Rules, 1985
History
• The statutory control over narcotic drugs was
being exercised under The Opium Act, 1857,
The Opium Act, 1878 and The Dangerous
Drugs Act, 1930.
• India had no legislation regarding narcotics
until 1985. Cannabis smoking in India has
been known since at least 2000 BC and is
first mentioned in the Atharvaveda, which
dates back a few hundred years BC.
Objectives
• To consolidate and amend the existing law
relating to Narcotic Drug.
• To make strict provision for control and
regulation of operations relating to Narcotic
Drugs and psychotropic substances.
• To considerably enhance penalties particularly for
trafficking offences.
• To make provisions for implementations of
International Convention relating to Narcotic
Drugs and Psychotropic substances to which India
is party.
A) Central Government to take measures for preventing and
combating abuse of and illicit traffic in narcotic drugs, etc.
• Co-ordination of actions by various officers, State Govt. and
other authorities under this act, or under any other law for time
being in force relating to the enforcement of provision of this
act.
• Obligations under the International convention.
• Identification, treatment, education, after care, rehabilitation
&social re-interaction of addicts
B)Officers of Central Govt.
Under the provision of this act, the Central Govt.
may appoint Narcotic Commissioner & such
other officers as it thinks fit.
Performs the function relating to:
1. Supervision of cultivation of opium poppy
2. Production of opium
3. Other functions as may be entrusted to him
Central Govt.
Prohibition, Control And Regulation
A)Prohibition of certain operations as per sec. 8: No person
shall-
(a) Cultivate any coca plant or gather any portion of coca plant;
or
(b) Cultivate the opium poppy or any cannabis plant; or
(c) Produce, manufacture, possess, sell, purchase, transport, ware-
house, use, consume, import inter-State export inter-State import
into India, export from India or tranship any narcotic drug or
psychotropic substance, except for medical or scientific purposes
and in the manner and to the extent provided by the provisions of
this Act or the rules or orders made thereunder .
Offences and Penalties
1)Punishment for contravention in relation to poppy straw
2) Punishment for contravention in relation to coca plant and leaves
3) Punishment for contravention in relation to Prepared opium
4) Punishment for contravention in relation to opium poppy and opium
5) Punishment for embezzlement(illegal disposal) of opium by
cultivator
6) Punishment for contravention in relation to cannabis plant and
cannabis
7) Punishment for contravention in relation to manufactured drugs and
preparation
8) Punishment for contravention in relation to psychotropic substances
9) Punishment for illegal import into India, export from India or
transhipment of narcotic drugs and psychotropic substances
Offences and Penalties
10)Punishment for external dealings in narcotic drugs and psychotropic substances in
contravention of provision of this act.
11) Punishment for allowing premises, etc. to be used for commencement of an offence
 Punishable with rigorous imprisonment for a term which shall not be less than ten
years but which may extend to twenty years and shall also be liable to fine which
shall not be less than one lac rupees but which may extend to two lac rupees. The
court may, for reasons to be recorded in the judgment, impose a fine exceeding two
lakh rupees..
12) Punishment for certain acts by licensee or his servants.
 Imprisonment upto three years or fine or both 12
13) Punishment for illegal possession in small quantity for personal consumption of any
narcotic drug or psychotropic substance or consumption of such drugs or substance.
 where the narcotic drug or psychotropic substance possessed or consumed is
cocaine, morphine, diacetyl-morphine or any other narcotic drug or any
psychotropic substance with imprisonment for a term which may extend to one year
or with fine or with both; and
where the narcotic drug or psychotropic substance possessed or consumed is
other than those specified in or under the previous point, with
imprisonment for a term which may extend to six months or with fine or
with both
14) Punishment for attempt to commit offences.
15) Punishment for abetment and criminal conspiracy
 (14,15)Punishment given in section 116 of Indian Penal Code(45 of 1860)
16)Enhanced punishment for certain offences after previous conviction
 Rigorous imprisonment for a term which shall not be less than fifteen years
but which may extend to thirty years and shall also be liable to fine which
shall not be less than one lakh fifty thousand rupees but which may extend
to three lakh rupees.
17) Punishment for offence for which no punishment is provided under this
act.
 Imprisonment upto six months or fine or both.
Conclusion
• For controlling and regulating the narcotic and
psychotropic substances stringent provisions
are made.

Drug addiction sadaf

  • 1.
    The Narcotic andPsychotropic Substance Act and Rules, 1985
  • 2.
    History • The statutorycontrol over narcotic drugs was being exercised under The Opium Act, 1857, The Opium Act, 1878 and The Dangerous Drugs Act, 1930. • India had no legislation regarding narcotics until 1985. Cannabis smoking in India has been known since at least 2000 BC and is first mentioned in the Atharvaveda, which dates back a few hundred years BC.
  • 3.
    Objectives • To consolidateand amend the existing law relating to Narcotic Drug. • To make strict provision for control and regulation of operations relating to Narcotic Drugs and psychotropic substances. • To considerably enhance penalties particularly for trafficking offences. • To make provisions for implementations of International Convention relating to Narcotic Drugs and Psychotropic substances to which India is party.
  • 4.
    A) Central Governmentto take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc. • Co-ordination of actions by various officers, State Govt. and other authorities under this act, or under any other law for time being in force relating to the enforcement of provision of this act. • Obligations under the International convention. • Identification, treatment, education, after care, rehabilitation &social re-interaction of addicts
  • 5.
    B)Officers of CentralGovt. Under the provision of this act, the Central Govt. may appoint Narcotic Commissioner & such other officers as it thinks fit. Performs the function relating to: 1. Supervision of cultivation of opium poppy 2. Production of opium 3. Other functions as may be entrusted to him Central Govt.
  • 6.
    Prohibition, Control AndRegulation A)Prohibition of certain operations as per sec. 8: No person shall- (a) Cultivate any coca plant or gather any portion of coca plant; or (b) Cultivate the opium poppy or any cannabis plant; or (c) Produce, manufacture, possess, sell, purchase, transport, ware- house, use, consume, import inter-State export inter-State import into India, export from India or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or orders made thereunder .
  • 7.
    Offences and Penalties 1)Punishmentfor contravention in relation to poppy straw 2) Punishment for contravention in relation to coca plant and leaves 3) Punishment for contravention in relation to Prepared opium 4) Punishment for contravention in relation to opium poppy and opium 5) Punishment for embezzlement(illegal disposal) of opium by cultivator 6) Punishment for contravention in relation to cannabis plant and cannabis 7) Punishment for contravention in relation to manufactured drugs and preparation 8) Punishment for contravention in relation to psychotropic substances 9) Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances
  • 8.
    Offences and Penalties 10)Punishmentfor external dealings in narcotic drugs and psychotropic substances in contravention of provision of this act. 11) Punishment for allowing premises, etc. to be used for commencement of an offence  Punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lac rupees but which may extend to two lac rupees. The court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.. 12) Punishment for certain acts by licensee or his servants.  Imprisonment upto three years or fine or both 12 13) Punishment for illegal possession in small quantity for personal consumption of any narcotic drug or psychotropic substance or consumption of such drugs or substance.  where the narcotic drug or psychotropic substance possessed or consumed is cocaine, morphine, diacetyl-morphine or any other narcotic drug or any psychotropic substance with imprisonment for a term which may extend to one year or with fine or with both; and
  • 9.
    where the narcoticdrug or psychotropic substance possessed or consumed is other than those specified in or under the previous point, with imprisonment for a term which may extend to six months or with fine or with both 14) Punishment for attempt to commit offences. 15) Punishment for abetment and criminal conspiracy  (14,15)Punishment given in section 116 of Indian Penal Code(45 of 1860) 16)Enhanced punishment for certain offences after previous conviction  Rigorous imprisonment for a term which shall not be less than fifteen years but which may extend to thirty years and shall also be liable to fine which shall not be less than one lakh fifty thousand rupees but which may extend to three lakh rupees. 17) Punishment for offence for which no punishment is provided under this act.  Imprisonment upto six months or fine or both.
  • 10.
    Conclusion • For controllingand regulating the narcotic and psychotropic substances stringent provisions are made.