Pharmaceutical Jurisprudence

1. UNIT-III
NARCOTIC DRUGS & PSYCHOTROPIC
SUBSTANCES ACT-1985 & RULES
Kaveena.R .,M.Pharm
Assistant Professor
Swamy Vivekanandha College of Pharmacy

2. PRELUDE
• History
• Introduction
• Definition
• Authorities & Officers
• Prohibition, Control and regulation
• Power of Central govt. to permit, control and
regulate
• Power of State govt. to permit, control and regulate
• Offences and Penalties
• Conclusion
• Reference

3. INTRODUCTION
NDPS Act, as it is known popularly, is meant to face a very important
social problem: drug trafficking(deal or trade). This is also one of the
special Acts that has come before the courts very frequently and having a
large number of conflicting judgments confusing the general public.
EVOLUTION OF LAW
•The Opium Act of 1857 was revised first in 1878.
• In 1950, the Opium Act of 1878 was revised as the Opium and Revenue Laws Act 1950.
• On 16th September 1985, the above mentioned Acts were repealed(called off) and Act 61 of
NDPSA 1985 was enforced.

4. History
• The statutory control over narcotic drugs - 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
Objectives
• To consolidate and amend the existing law relating to Narcotic Drug.
• To make stringent 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.

5. Definition
cannabis (hemp)“ means-
(a) charas, is the resin, in crude or purified, obtained from
cannabis plant including hashish oil or liquid hashish;
(b) Ganja - the flowering & fruiting tops of the cannabis plant
(c) any mixture, with or without any neutral material, of any
of the forms of cannabis or any drink prepared from them.

6. "coca derivative" means-
(a) crude cocaine, that is, any extract of coca leaf which can be
used, directly or indirectly, for the manufacture of cocaine;
(b) ecgonine and all the derivatives of ecgonine from which it can
be recovered;
(c) cocaine, that is, methyl ester of benzoyl-ecgonine and its
salts; and
(d) all preparations containing more than 0.1 per cent. of cocaine
Manufactured drug means -
In relation to narcotic drugs or psychotropic substances, includes-
(1) All processes other than production by which such drugs or substances may be obtained;
(2) Refining or transformation of such drugs or substances;

7. “Manufactured drug" means-
(a) All coca derivatives, medicinal
cannabis, opium derivative and
poppy straw concentrate;
(b) Any other narcotic substance or
preparation declared by the Central
Government, if any, under any
International Convention, by
notification in the Official Gazette,
declare to be a manufactured drug;
Medicinal cannabis“ that is, medicinal hemp, means
Any extract or tincture of cannabis (hemp); narcotic drug" means coca leaf, cannabis (hemp), opium,
poppy straw and includes all manufactured drugs;

8. Opium" means-
(a) The plant of the species Papaver somniferum L.
(b) The coagulated juice of the opium poppy; and
(c) Any mixture, with or without any neutral
material, of the coagulated juice of the opium
poppy, but does not include any preparation
containing not more than 0.2 per cent. of
morphine;
Opium derivative“ means
Medicinal opium – b. Prepared opium
I. Phenanthrene alkaloids such as morphine, codeine, and their salts, Diacetyl morphine (heroin) and its
salts .
II. All preparation containing more than 0.2% of morphine or any amount of diacetyl morphine

9. Poppy straw“ means
All parts (except the seeds) of the opium poppy
after harvesting whether in their original form or
cut, crushed or powdered form.
“Psychotropic substance" means
Any substance, natural or synthetic, or any salt or
preparation of such substance included in the list of
psychotropic substances specified in the Schedules

10. “Illicit traffic", in relation to narcotic drugs and psychotropic substances, means-
(i) Cultivating any coca plant or gathering any portion of coca plant; opium poppy or any cannabis plant;
(ii) Engaging in the Production, Manufacture, Possession, sale, transportation, warehousing
concealment, use or consumption, import inter- State, export inter-State, import into India,
export from India or transhipment, of narcotic drugs or psychotropic substances

11. iii. Dealing in any activities in narcotic drugs or
psychotropic substances other than those
referred to in sub-clauses and any rule or
order made or any condition of any license,
term or authorization issued, there under, and
includes-
(1) Financing, directly or indirectly, any of the
aforementioned activities;
(2) Abetting or conspiring in the furtherance or
in support of doing any of the aforementioned
activities; and
(3) Harboring persons engaged in any of the
aforementioned activities.

12. Authorities and Officers
[A] Central Government to take measure for Preventing and Combating abuse of narcotic
drugs and illicit traffic there in :
• Co-ordination of action by various officers, state government and other authorities under
this Act, or under any other law for the enforcement of the provision of this Act.
• Obligations under the International Conventions.
• Assistance to concerned authorities for prevention and suppression of illicit traffic in NDPS
Treatment, education ,aftercare ,rehabilitation and social re-interaction of addicts.
[B] Officers of Central Government :
• They appoint Narcotic Commissioner and other officers .
• Function : a) the supervision of cultivation of opium poppy; b) production of opium ;

13. The Central Government may constitute, by notification in the Official Gazette, an
advisory committee to be called "The Narcotic Drugs and Psychotropic Substances
Consultative Committee" (hereafter in this section referred to as the Committee) to
advise the Central Government on such matters relating to the administration of this Act
as are referred to it by that Government from time to time.
The Narcotic Drugs and Psychotropic Substances Consultative Committee
[C] NDPS Consultative committee
• This committee consists of chairman and other members not exceeding 20.
• Committee shall advice the central government on the matters relating to the administration of
this Act.

14. National Fund for control of Drug abuse

15. • According to section 8, of NDPS Act, anyone cannot cultivate, manufacture, posses, stores, import,
export of these drugs except for medicinal purpose.
• As per section 9, of this act, empower the central government to permit control and regulate by
rules and certain operation of NDPS Drugs.
• Prohibition of certain operation as per section 8
• Power of central government to permit, control and regulation.
• Power of state government to permit control and regulation.
Power of central government to permit control and regulate:
1. Central government by making rules, controls and regulates following operation.
• Cultivation of coca plant are gathering any portion of coca plant and also production sales
purchase, transport, import and export of coca plant.
• Cultivation of opium poppy only on behalf of central government.
• Production and manufacture of opium and production of poppy straw.
Prohibition, Control And Regulation

16. • The manufacture, possession, transport, import, export, purchase, sale, consumption or use of
psychotropic substance.
• The sale of opium and its derivatives from central government for export from India or sell to the
state government or manufacturing chemists.
2. Central government controls on certain operation.
• Government self fix time to time the limit within which license may be given the cultivation of opium
poppy.
• The communication between cultivator and authorized officer control by central government.
• Central government fixes the price of opium time to time.
• Central government may prescribe the form and condition of license and permit for manufacturing,
possession, transport, import inter state, sale, purchase, consumption, or use of NDPS.
• Rules are provide for weighment, examination and classification according to quality and
consistence of the opium received at factory.
• If opium delivered by cultivator was found adulterated during examination in the central government
it may comes under the rules which is taken by authorized officers.

17. Power of state government to permit, control and regulate:
1. Permission and regulation of certain operation by state government:
• Possession, transport, interstate import, export, warehousing, sale, purchase, consumption
and use of poppy straw.
• Cultivation of any cannabis plant production, manufacturing, possession, transport, import,
export, sale, purchase, and use of cannabis.
• Possession, transport, purchase, sale, interstate import, export, use and consumption of
manufactured drugs other than prepared opium.
• The manufacture and possession of prepared opium from opium lawfully processed by an addict
registered with state government on medical advice are his personal conception.

18. 1. The land for poppy cultivation shall be free from litigation.
2. The licence for cultivation of opium poppy shall specify the area and designate the plots on which cultivation
take place.
3. The licensee shall not transfer his licence and cultivate poppy for production of opium or poppy show over the
area of land and plots specified in the license.
4. The licensee shall bring the opium and deliver at place fixed for weighment all opium collected by him from the
crop and he should accept that the prize of opium he fixed by central government.
5. The delivery and weighment of opium shall be under the supervision of district opium officer or any other
officer authorized by narcotic commissioner.
6. Final payment for opium delivered by him shall be made of appropriate time.
7. He should obey the provisions and order issued by component authorities.
8. The license shall be cancelled making him disqualified for grant of license. If he breaks any law for any reason
of the condition's, he may punishable.
9. District opium officer designate one of cultivator of opium poppy as lambardor in each village where opium
poppy is cultivated.
10. Lambardor shall perform his given function and on such terms and conditions as given by narcotic commissioner.
Conditions To Grant License For Cultivation And Collection Of Opium Under NDPS Act:

19. Offences and Penalties

23. Thank you