pharmaceutical jurisprudence(PJ)

1. The Narcotic Drugs And Psychotropic
Substance Act, 1985 With Rules,1985
PREPARED BY : MISS. PRIYA D YANNAWAR
(M PHARM)

2. Content
 Introduction
 Objective
 Definition's
 Authorities and officers
 Offences and penalties
 NDPS Rules

3. Introduction
 There are many act related to this act in the past which have many drawbacks and which are
modified by NDPS act,
 Like, opium act 1857,
opium act 1878,
dangerous drug act 1930.etc
 These above act have many drawbacks and related only with punishments and hence urgent
needs have come to overcome these drawbacks.
 Therefore; Government of India withdraw these acts and passed NDPS Act 1985 with
modification or to minimize deficiencies in old acts.

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 The NDPS Act has since been amended thrice –in 1988, 2001, 2014.
 Background of the NDPS:
 India had no legislation regarding narcotic until 1985.
 Cannabis smoking in india has been known since at laest 2000 BC and is mentioned in
Atharvaveda.
 The US began to campaign for a worldwide law against all drugs, following the adaption of
single Convention on Narcotic drugs in 1961.
 However India opposed and withstand American pressure to make cannabis illegal for
nearly 25 years.
 American pressure increased in 1980 and in 1985. the government decided and pass NDPS
act, banning all narcotic drugs in India.

5. Objective
 To consolidate(combine) and amend(modify) the law relating to narcotic
drugs.
 To make stringent provision for control and regulation of operations
relating to NDPS.
 To prevent illicit traffic in NDPS ordinance, 1988 was passed to provide
detention in certain cases.

6. Definition's
 Addict: A person habitual to regular use of any narcotic drug or psychotropic substance
is called as Addict.
 Cannabis: (Hemp)cannabis consist of dried flowering tops of cannabis sativa
family: cannabinaceae
 cannabis is plant genus which includes charas, ganja.
it includes the following;
 Charas is a resin substance obtained from cannabis plant, is a concentrated preparation
and liquid known as hashish oil or liquid hashish.
 Ganja is a flowering or fruited top of cannabis plants.

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 Coca derivatives (dried leaf)
crude cocaine; used directly or indirectly for manufacture of cocaine.
ecgonine;
cocaine(chemical constituent) which is methyl ester of benzoyl Ecgonine and its salt.
 coca leaf : it includes;
• The leaf of coca(erythroxylon) plant.
• Any mixture thereof with or without any neutral material ( not include any preparations
containing less than 0.1% cocaine.
 Manufacture:
• All processes other than production by which NDPS are obtained.
• Refining and making of such drugs.

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 Manufactured drugs : it includes
• all coca derivatives, medicinal cannabis, opium derivatives and poppy straw
concentrate.
 Medicinal cannabis: (medicinal hemp)
• Any extract or tincture of cannabis.
 Narcotic drugs :
• It includes coca leaf, cannabis, opium and poppy straw and all manufactured drugs.
 Opium: (latex)
• It includes coagulated juice of opium poppy and its mixture with or without
neutral(not affect main action of drug) material.

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 Opium derivative:
• It includes medicinal opium
prepared opium
phenanthrene alkaloids like morphine, codeine, thebaine and there salts.
diacetyl morphine (heroine and its salts)
 Opium Poppy :
it includes,
plant of papaver somniferum and its other species.
 Poppy straw: (khaskhas)
all the parts(husk) of opium poppy ( except seeds) after harvesting.

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 Psychotropic substances:
• It means any substance natural or synthetic or any salt or any preparation of such substance
which include in list of psychotropic substances specified in schedule.
• Illicit(illegal) traffic;(supplement of NDPS act passed in 1988)
• It includes
• Cultivating any coca plants or gathering any portion of it.
• Cultivating the opium poppy or any cannabis plant.
• Engaging in production, manufacturing, possession, sale, purchase, transport, warehousing,
consumption, interstate export, import, import to and export from India of NDPS.
• Giving premises for the above activities except as permitted under the act.
• Financing directly or indirectly for any above activities.
• Harboring the person engaged in the above activities.

11. Authorities and officers
1. Measure for preventing and combating abuse of narcotic drugs and illicit traffic therein
(central authorities)
2. Officers of central government
3. NDPS consultative committee
 prohibition, control and regulation.

12. CONTINUE.
1. Measure for preventing and combating abuse of narcotic act and illicit traffic therein.
o To prevent illegal activities and misuse of NDPS act central government can take measure in
following matters
• Work management by various officers of the state government and other authorities under this
act and all officers who are involved in enforcement of the provision of this act.
• Government major require as per international convention.
• Helping of concerned authorities in foreign countries to prevent the illicit traffic of NDPS.
• Identification, treatment, education, aftercare, rehabilitation, and social reintegration of addicts.
• Other matter regarded as suitable by central government for purpose of this act and preventing
use of NDPS and illegal traffic.

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2. Officers of central government
 Apart from central authorities central government appoints narcotic commissioner.
• Narcotic commissioner himself or with the help of other officers shall perform the
function related to,
• Supervision of cultivation of opium poppy
• Production of opium
• Other function which may charge to him by central government.

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3. NDPS consultative committee : (advisory)
 This committee is constituted to provide advice to central government on matters involving the
administration of this act.
 Committee consist of chairmen and other member not more than 20 as appointed by central
government.
 For efficient work committee may approach one or more committees and committee will
advice central government on matter related to this act.

15.  Prohibition control and regulation
 According to section 8 of NDPS Act anyone can not 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.

16. 1.Prohibition of certain operation as per section 8,
 No person shall,
 Cultivate coca plant and gather any portion of coca plant.
 Cultivate opium poppy or any cannabis plant.
 Produce, manufacture, posses, sell, purchase, transport, ware house, use, consume,
import and export inter state, import and export from India or transfer of any NDPS expect
for medical and scientific purposes and to extent and in the manner provided by other
provision of this act.
 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.

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 Cultivation of opium poppy only on behalf of central government.
 Production and manufacture of opium and production of poppy straw.
 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.

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 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.

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 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.

20.  Conditions To Grant License For Cultivation And Collection Of Opium Under NDPS
Act:
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.

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6. The licensee shall extract as much as opium as possible.
7. Final payment for opium delivered by him shall be made of appropriate time.
8. He should obey the provisions and order issued by component authorities.
9. The license shall be canceled making him disqualified for grant of license. If he breaks any law for any
reason of the condition's, he may punishable.
10. He district opium officer designate one of cultivator of opium poppy as lambardor in each village
where opium poppy is cultivated.
11. Lambardor shall perform his given function and on such terms and conditions as given by narcotic
commissioner.

22.  Offences and penalties
Sr.No. Offenses Penalties Section Of Act
1 Cultivation of opium, cannabis
or coca plants without license
Rigorous imprisonment-up to 10 yrs. + fine up to
1 lakh
Opium-18 (c)
Cannabis- 20
Coca- 16
2 Embezzlement of opium by
licensed farmer
Rigorous imprisonment-up to 10 yrs.to 20 yrs. +
fine up to 1to 2 lakh
19
3 Production, manufacture,
possession, sale, purchase,
transport, import or export
interstate, or use of NDPS
Small quantity-
Rigorous imprisonment-up to 6 months or fine
up to 10,000 or both
Rigorous imprisonment-up to 10 + fine up to 1
lakh
Commercial quantity –
Rigorous imprisonment-up to 10 yrs.to 20 yrs. +
fine up to 1to 2 lakh
Prepared opium section 8
Opium- 18
Cannabis – 20
Psychotropic substance- 22

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Sr.
No.
Offenses Penalties Section Of Act
4 Import, export or transshipment Small quantity-
Rigorous imprisonment-up to 6 months or
fine up to 10,000 or both
Rigorous imprisonment-up to 10 + fine up to
1 lakh
Commercial quantity –
Rigorous imprisonment-up to 10 yrs.to 20 yrs.
+ fine up to 1to 2 lakh
Prepared
opium section 8
Opium- 18
Cannabis – 20
Psychotropic
substance- 22
5 External dealing in NDPS i.e.
engaging in or controlling trade
whereby drugs are obtained
from outside India are supplied
to a person outside India
Rigorous imprisonment-up to 10 yrs.to 20 yrs.
+ fine up to 1to 2 lakh
Section 24
6 violation pertaining to
controlled substance
Rigorous imprisonment-up to 10 yrs.to 20 yrs.
+ fine up to 1to 2 lakh
25A

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Sr. No. Offenses Penalties Section Of Act
7 Financing traffic and harboring
offenders
Rigorous imprisonment-up
to 10 yrs.to 20 yrs. + fine up
to 1to 2 lakh
27A
8 Attempts, abetment and criminal
conspiracy
Rigorous imprisonment-up
to 10 yrs.to 20 yrs. + fine up
to 1to 2 lakh
28
Abetment and criminal
consirancy-29

25. NDPS Rules
 Schedule- I
 Narcotic drugs-
1. Coca leaf
2. Cannabis
3. Acetorphan
4. Diacetylmorphine( heroin)
5. Etrophine
Preparation, admixture extract and other substance containing any of above drugs.
 Psychotropic substance:
1. Tenocyclidine
2. Alprazolam
3. Bromazepam
4. Camazepam

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 Schedule-II
Psychotropic substance
 Amphetamine
 Mecloqualone
 Methaqualone
 Schedule –III
 Psychotropic substance
 Amobarbital
 Cyclobarbital
 pentazocine

27.  Amendment
 1988 amendment
• NPDS act 1988 get approval from president ramaswami venkantraman on 8 January
1989
 2001 amendment:
• NDPS Act 2001get approval from k.r narayanan on 9 may 2001.
 2014 amendment:
• NDPS Act 2014 get approval from president pranab Mukherjee on 7 march 2014.

28. • Question bank
1. Define cannabis and manufactured drugs according to NDPS act 1985? ( 3m)
2. Define opium and hemp. (3m)
3. Write a note on illicit traffic.(3m)
4. What is opium and state its derivatives.( 3m)
5. What is coca derivatives? (3m)
6. Operation performed by central and state government to control NDPS? (10 m)
7. Give the conditions to be fulfilled from grant of license for cultivation and collection of opium
under the NDPS act. (10M)
8. What are narcotic and psychotropic substance? Give prohibited and permitted operation
under this act. (10M)