It is an Act of Parliament of India that prohibits a person the production, manufacturing ,cultivation, possession, sale, purchasing, transport, storage, and consumption of any narcotic drug or psychotropic substances.

1. NARCOTIC DRUGS &
PSYCHOTROPIC
SUBSTANCES ACT
SHASHI PRABHA
MBA(HOSPITAL ADMINISTRATION)
MSC. NURSING II YEAR

2. INTRODUCTION
 THIS ACT WAS PROPOSED IN THE YEAR 1988.
AIMS OF “ TO PROVIDE FOR THE FORFEITURE OF PROPERTY DERIVED FROM, OR
USED IN, ILLICIT TRAFFIC IN NO COLIC DRUGS AND PSYCHOTROPIC
SUBSTANCES, TO IMPLEMENT THE PROVISIONS OF THE INTERNATIONAL
CONVENTIONS ON NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES.”

3. DEFINITIONS
• “ CONTROLLED SUBSTANCES” MEANS ANY SUBSTANCE WITH THE CENTRAL
GOVERNMENT MAY, HAVING REGARD TO THE AVAILABLE INFORMATION AS TO
ITS POSSIBLE USE IN THE PRODUCTION OR MANUFACTURE OR NARCOTIC DRUGS
OR PSYCHOTROPIC SUBSTANCES OR TO THE PROVISIONS OF ANY
INTERNATIONAL CONVENTION, BY NOTIFICATION IN THE OFFICIAL GAZETTE,
DECLARE TO BE CONTROLLED SUBSTANCE.
• “ILLICIT TRAFFIC” IN RELATION TO NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES, MEANS:
1. CULTIVATING ANY COCA PLANT OR GATHERING ANY PART OF IT.
2. CULTIVATING THE OPIUM POPPY OR ANY CANNABIS PLANT.
3. ENGAGING IN PRODUCTION, MANUFACTURE, PURCHASE, STORING, SALE,
CONCEALMENT OR CONSUMPTION OF THE SUBSTANCES, IMPORT OR EXPORT OR
ANY INTERSTATE EXCHANGE.

4. 4. DEALING IN ANY SUCH TYPE OF RELATED ACTIVITIES.
5. HANDLING OR LETTING OUT ANY PREMISES FOR THE CARRYING ON OF ANY OF
THE ACTIVITIES.
6. FINANCING DIRECTLY OR INDIRECTLY FOR THOSE ACTIVITIES.
7. ABETTING OR CONSPIRING IN THE FURTHERANCE OR IN SUPPORT OF IT.
8. HARBORING PERSONS ENGAGED IS ANY SUCH ACTIVITIES.
• “USE” IN RELATION TO NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES,
MEAN ANY KIND OF USE EXCEPT PERSONAL CONSUMPTION.

5. NATIONAL FUND FOR CONTROL OF DRUG
ABUSE
• THE CENTRAL GOVERNMENT BY NOTIFICATION IN THE OFFICIAL GAZETTE
CONSTITUTES A FUND TO BE CALLED AS THE NATIONAL FUND FOR CONTROL OF
DRUG ABUSE.
• THE FUND SHALL BE APPLIED BY THE CENTRAL GOVERNMENT TO MEET THE
EXPENDITURE INCURRED IS CONNECTION WITH THE MEASURES TAKEN FOR
COMBATING ILLICIT TRAFFIC AND USE OF THE DRUGS.
• THE GOVERNMENT WILL ALSO CONSTITUTE A GOVERNING BODY AS IT THINKS
FIT TO ADVICE THAT GOVERNMENT IN REGARD TO THE APPLICATION.
• THE GOVERNING BODY SHALL HAVE THE POWER TO REGULATE ITS OWN
PROCEDURE.

6. SECTION - 9
THE GOVERNMENT A REGARD TO THE USE OF ANY CONTROLLED SUBSTANCE IN
THE PRODUCTION OR MANUFACTURE OF ANY NARCOTIC DRUG OR
PSYCHOTROPIC SUBSTANCES.

7. SECTION – 9A ( PUNISHMENT FOR
CONTRAVENTION OF ORDERS)
PERSON WHO CONTRAVENES THE ORDER , SHALL BE PUNISHABLE WITH
RIGOROUS IMPRISONMENT FOR A TERM OF UP TO 10 YEARS ALSO BE LIABLE TO A
FINE OF UP TO RS. 1 LAKH.

8. SECTION – 27A, PUNISHMENTS FOR
FINANCING ELICIT TRAFFIC AND HARBORING
OFFENDERS
• RIGOROUS IMPRISONMENT OF NOT LESS 10 YRS UP TO 20 YRS.
• FINE OF NOT LESS THAN 1 LAKH AND CAN EXTEND UP TO 2 LAKHS.

9. SECTION – 31A - DEATH
PENALTY FOR CERTAIN OFFENCES EXCEEDS 2 LAKHS
CULTIVATING ANY COCA PLANT OR GATHERING ANY PART OF IT.
CULTIVATING THE OPIUM POPPY OR ANY CANNABIS PLANT.
ENGAGING IN PRODUCTION, MANUFACTURE, PURCHASE, STORING, SALE,
CONCEALMENT OR CONSUMPTION OF THE SUBSTANCES, IMPORT OR EXPORT OR
ANY INTERSTATE EXCHANGE.
DEALING IN ANY SUCH TYPE OF RELATED ACTIVITIES.
HANDLING OR LETTING OUT ANY PREMISES FOR THE CARRYING ON OF ANY OF
THE ACTIVITIES.
FINANCING DIRECTLY OR INDIRECTLY FOR THOSE ACTIVITIES.

10. ABETTING OR CONSPIRING IN THE FURTHERANCE OR IN SUPPORT OF IT.
HARBORING PERSONS ENGAGED IS ANY SUCH ACTIVITIES.
THE PERSONS WHO HAS CONVICTED OF THESE THINGS WILL BE PUNISHABLE.

11. SECTION -32A
NO SUSPENSION, REMISSION OR COMMUNICATION IS ANY SENTENCE AWARDED
UNDER THIS ACT.

12. SECTION- 36A- CONSTITUTION OF SPECIAL
COURTS
THE GOVERNMENT BY NOTIFICATION:
CAN PROVIDE AS MANY AS SPECIAL COURTS FOR THE PURPOSE.
CONSIST A SINGLE JUDGE APPOINTED BY THE GOVERNMENT CONCURRENT WITH
THE CHIEF JUSTICE OF THE HIGH COURT.

13. SECTION – 36A-OFFENCES TRIBAL BY SPECIAL
COURT
• ALL OFFENCES UNDER THIS ACT SHALL BE PUNISHABLE ONLY UNDER THE
SPECIAL COURT OF THAT SPECIFIED AREA.
• A PERSON ACCUSED OR SUSPECTED OF AN OFFENCE BY THIS ACT IF
FORWARDED TO THE MAGISTRATE AND BY HIM AUTHORIZE THE DETENTION OF
THE PERSON IN SUCH CUSTODY.
i. JUDICIAL MAGISTRATE – NOT EXCEEDING 15 DAYS
ii. EXECUTIVE MAGISTRATE – SEVEN DAYS
• WHEN TRYING AN OFFENCE UNDER THIS ACT, A SPECIAL COURT MAY ALSO TRY
AN OFFENCE OTHER THAN THIS ACT, UNDER THE CODE OF CRIMINAL
PROCEDURE 1973,BE CHARGED AT THE SAME TRIAL.

14. SECTION 52 A- DISPOSAL OF ANY SEIZED
NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES
• WHEN ANY SUCH SUBSTANCES SEIZED ARE FORWARDED TO THE OFFICER IN –
CHARGE OF THE NEAREST POLICE STATION; SHE SHOULD PREPARE INVENTORY
CONTAINING THE DETAILS OF DESCRIPTION, QUALITY, QUANTITY, MODE OF
PACKING, MARKS, NUMBERS AND OTHER IDENTIFICATION AND FURTHER
PROCEEDINGS SHOULD SUBMIT IT TO THE MAGISTRATE.
• TAKING PHOTOGRAPHS IN THE MAGISTRATE, FOR CERTIFYING THE ISSUES.
• INDIAN EVIDENCE ACT,1872,THE COURT SHALL TREAT THE INVENTORY,
PHOTOGRAPHS AND LIST OF SAMPLES AS EVIDENCE FOR THE CASE UNDER THE
SPECIAL COURT.

15. SECTION - 59
ANY ADDICT OR ANY OTHER PERSON WHO HAS BEEN CHARGED WITH AN OFFENCE
UNDER THIS ACT AND WHO WILL FULLY AIDS IN, OR CONFINES AT, THE
CONTRAVENTION OF ANY PROVISION- SHALL BE PUNISHABLE WITH RIGOROUS
IMPRISONMENT OF NOT LESS THAN 10YRS AND UP TO 20 YRS AND ALSO BE
LIABLE FOR FINE NOT LESS THAN ONE LAKH RUPEES BUT MAY EXTEND UP TO 2
LAKH RUPEES.

16. SECTION- 68-N-APPELLATE TRIBUNAL FOR
FORFEITED PROPERTY
• ANY INDIVIDUAL WHO HAD BEEN RESIDING IN THE RESIDENTIAL PREMISES.
• ANY INDIVIDUAL WHO HAD BEEN OR IS MANAGING THE AFFAIRS OR KEEPING
THE ACCOUNTS OF SUCH PERSON.
• ANY ASSOCIATION OF PERSONS, BODY OF INDIVIDUALS, PARTNERSHIP FIRM, OR
PRIVATE COMPANY OF WHICH SUCH PERSON HAD BEEN OR IS A MEMBER,
PARTNER OR DIRECTOR.
• THE TRUST OF ANY TRUST, WHERE THE TRUST IS CREATED BY SUCH PERSON

17. CONCLUSION
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT,1988. AS AN INCLUSION
UNDER THIS ACT, THE CENTRAL GOVERNMENT BY NOTIFICATION IN THE OFFICIAL
GAZETTE CONSTITUTES A FUND TO BE CALLED AS THE NATIONAL FUND FOR
CONTROL OF DRUG ABUSE. ANY PERSON, WHO CONTRAVENES THE ORDER, SHALL
BE PUNISHABLE WITH RIGOROUS IMPRISONMENT FOR A TERM OF UP TO 10 YRS
ALSO BE LIABLE TO A FINE OF UP TO RS.1 LAKH.