The document summarizes the Narcotic Drugs and Psychotropic Substances Act of 1985 in India. The act was introduced to consolidate and amend existing drug laws, make drug control more stringent, and increase penalties for drug trafficking. It defines narcotic and psychotropic substances and classifies different types of drugs. The act prohibits cultivation and production of certain drugs, and controls and regulates other drug-related activities. It outlines offenses related to drugs and their corresponding penalties, which can include imprisonment, fines, or death penalty for serious offenses. The act also describes the roles and powers of authorities responsible for drug control and law enforcement.

1. NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES ACT, 1985
PRESENTED BY:
AKANKSHA SRIVASTAVA
ROLL NO. 20
MSc I Forensic Science
(FS-101)

2. INTRODUCTION:
Prior to the enactment of the Narcotic Drugs and
Psychotropic Substances Act, 1985, the statutory
control over narcotic drugs was exercised in India
through:
(a) The Opium Act, 1857,
(b) The Opium Act, 1878 and
(c) The Dangerous Drugs Act, 1930.
Narcotic drugs are those which induce sleep while
psychotropic substances have the ability to alter
the mind of an individual.
Narcotic Drugs and Psychotropic Substances Act also commonly
termed as the NDPS Act, made with the purpose to control drugs of
abuse and prohibit its use, dissipation, distribution, manufacture,
and trade of substance of abuse. NDPS Act came into existence on
14 November 1985 by Parliament of India.

3. Hallucinogens
• Marijuana,
LSD, PCP,
Ecstasy
(MDMA),
Ketamine
Stimulants
• Caffeine,
amphetamine,
methamphetamines,
cocaine, nicotine
Depressants
• Alcohol,
barbiturate,
valium
Narcotics
•Aspirin, Tylenol,
Motrin, opium,
heroin, codeine,
methadone,
propoxyphene,
oxycodon,
fentanyl
CLASSIFICATION OF DRUGS:

4. • Total chapters : 8
 CHAPTER I: PRELIMINARY
CHAPTER II: AUTHORITIES AND OFFICERS
CHAPTER IIA: NATIONAL FUND FOR
CONTROL OF DRUG ABUSE
CHAPTER III: PROHIBITION, CONTROL AND
REGULATION
CHAPTER IV: OFFENCES AND PENALTIES
CHAPTER V: PROCEDURE
CHAPTER VA: FORFEITURE OF ILLEGALLY
ACQUIRED PROPERTY
CHAPTER VI: MISCELLANEOUS
• Total Sections : 83
DESCRIPTION OF THE ACT:

5. A/c to the Preamble of NDPS Act;
• To consolidate (bind together) and amend
(change) the law relating to narcotic drugs
• To make stringent (strict/firm) provision for
the control and regulation of operations relating
to narcotic drugs and psychotropic substance
• To considerably enhance penalties particularly
for trafficking offences.
OBJECTIVE/LEGISLATIVE INTENT OF THIS ACT:

6. CHAPTER I: PRELIMINARY
Important Definitions:
•“addict” means a person who has dependence on
any narcotic drug or psychotropic substance
•“manufactured drug” means—
(a) all coca derivatives, medicinal cannabis, opium
derivatives and poppy straw concentrate;
(b) any other narcotic substance or preparation which
the Central Government may, having regard to the
available information as to its nature or to a decision, if
any, under any International Convention, by
notification in the Official Gazette, declare to be a
manufactured drug

7. •“narcotic drug” means coca leaf, cannabis (hemp),
opium, popy straw and includes all manufactured drug
•“Psychotropic substance” means any substance,
natural or synthetic, or any natural material or any salt
or preparation of such substance or material included in
the list of psychotropic substances specified in the
Schedule;
•“controlled substance” means any substance which
the Central Government may, having regard to the
available information as to its possible use in the
production or manufacture of narcotic drugs or
psychotropic substances or to the provisions of any
International Convention, by notification in the Official
Gazette

8. •Cannabis :
(a) charas, that is, the separated resin, in whatever
form, whether crude or purified, obtained from the
cannabis plant and also includes concentrated
preparation and resin known as hashish oil or liquid
hashish.
(b) ganja, that is, the flowering or fruiting tops of the
cannabis plant .
Medicinal Cannabis : It is any extract or tincture of
cannabis
•Coca Derivative : Crude cocaine which can be used
directly or indirectly for manufacture of cocaine .
Cocaine is methyl ester of benzoyl-ecogonine and it`s
salts.
• Opium : it means the coagulated juice of the opium
poppy and it`s mixture with or without neutral material.
•Opium Poppy : It includes the plant of Papaver
somniferum L and other species of papaver from which
opium and phenanthrene alkaloid can be extracted

9. CHAPTER II: AUTHORITIES AND OFFICERS
• Central Government to take measures for
preventing and combating abuse of and illicit
traffic in narcotic drugs, etc.
• Officers of Central Government: Narcotics
Commissioner and other officers
• The Narcotic Drugs and Psychotropic
Substances Consultative Committee: Chairman
and such other members, not exceeding twenty,
as may be appointed by the Central Government.
•Officers of State Government

10. CHAPTER III: PROHIBITION, CONTROL AND REGULATION
Operations totally prohibited:
•Cultivation of :Any coca plant, opium poppy or
cannabis plant.
•Production, manufacture, possession, sale ,
purchase, transport, warehouse, use, consume,
import, export any NDPS except for medicinal and
scientific purpose.
Operations controlled and regulated by
central govt:
•Cultivation and collection of any portion of coca
plant, opium poppy, cannabis or any other natural
drug.
•Manufacture of manufactured drug, psychotropic
substance, narcotics, or any other narcotics other
than for medicinal purposes.

11. •Production, possession, sale , purchase, transport,
warehouse, use, consume, import, export, use or
consumption of all or any of the above
• Prescribe the forms and conditions of licenses for the
manufacture of manufactured drugs, for possession,
transport, import inter state, sale, purchase,
consumption or use of essential narcotic drugs
Power of State Government to permit,
control and regulate:
• The possession, transport, import inter-State, export
inter-State, warehousing, sale, purchase, consumption
and use of poppy straw, opium, coca leaf, cannabis plant,
medicinal opium, manufactured drugs, or ay other
narcotic drug and psychotropic substance.

12. Special provisions:
Permit, with or without conditions, the cultivation,
production, possession, sale, purchase, transport,
import inter-State, export inter-State or import into
India of any coca plant or part of coca leaves for use in
the preparation of any flavouring agent and of cannabis
plant for industrial purposes only of obtaining fibre or
seed or for horticultural purposes

13. CHAPTER IV: OFFENCES AND PENALTIES
S.No. OFFENCE PENALTIES
1. •Contraventions of provisions in respect of poppy
straw, opium poppy, coca plant & coca leaves, prepared
opium, manufactured drugs & psychotropic substances.
•Illegal import or export or external dealings in NDPS
•Allowing use of premises, vehicles etc., for commission
of an offence under the act.
Rigorous imprisonment from
10-20 years , Fine between Rs.
1 to 2 lakhs or more
2. Contravention in respect of cannabis plant and
cannabis related to ganja.
Rigorous imprisonment upto 5
years and fine upto Rs. 50,000
3. •Failure to keep accounts or submit returns as required
by law or keeping of false accounts or making of false
statements
•Failure to produce licenses, permits, authorizations
etc., on demand by authorized persons.
Rigorous imprisonment for
5 years / Fine or both.

14. S.No.: OFFENCE PENALTIES
4. Illegal possession for personal consumption or
consumption of cocaine, morphine, diacetyl-
morphine or any other NDPS specified in act.
R.I. up to 1 year or fine or
both.
5. Illegal possession for personal consumption or
consumption of substances other than those
mentioned under 4.
Rigorous imprisonment up
to 6 months or fine or both.
6. Punishment for violations not elsewhere
specified
Imprisonment up to six
months or fine or both

15. There is a provision of death penalty for
certain serious offences that are committed
after previous conviction.
If any individual or firm is found to possess
more than following quantities of NDPS
without permission, license, etc., and if the
offence is repeated, the death penalty may
be awarded.
Death penalty may also be awarded for a
serious offence of financing directly/
indirectly such a big crime as indicated.
Special courts may be constituted with single
judge appointed by the chief justice of the
high court to dispose of the cases of NDPS.
Death penalty:

16. *Source: https://dor.gov.in/narcoticdrugspsychotropic/punishment-offences

17. •Section 41: Power to issue warrant and
authorization
•Section 42: Power to entry , search , seizure and
arrest without warrant
•Section 43: Power to seizure and arrest in public
places
•Section 49: Power to stop and search
conveyance
•Section 52: Disposal of person arrested and
articles seized
•Section 53: Power to invest officers of certain
departments with powers of an officer-in-charge
of a police station
•Section 64: Power to tender immunity from
prosecution.
CHAPTER V: PROCEDURE

18. •https://dor.gov.in/narcoticdrugspsychotropic/pu
nishment-offences
•https://legislative.gov.in/sites/default/files/A198
5-61.pdf
•https://juniperpublishers.com/jfsci/pdf/JFSCI.MS
.ID.555644.pdf
•B.M. Mittal, “A TEXTBOOK OF FORENSIC
PHARMACY”, (10th Ed.)
REFERENCES: