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NARCOTIC DRUGS
AND
PSYCHOTROPIC
SUBSTANCES
ACT, 1985 AND
RULES
Overview of
Medicinal
Drugs
Coca, Hemp, and Opium: Medicinal
properties
Restrictions due to:
• Habit-forming nature
• Degenerating effects
• Societal concerns
Legislative
Control Over
Opium
Opium Act in 1857
Objectives:
• Safeguard public welfare
• Preserve public health
• Curtail undesirable social and moral
impacts
Modern-day
Habit-
Forming
Drugs
New additions to restricted list:
• Heroin
• Brown sugar
• Charas
Concerning trend:
• Rising addiction rates globally
• Proliferation of narcotic drugs
and psychotropics
Illicit Drug
Trade
Lucrative business for anti-social entities
Surge in smuggling and sale of narcotics
and psychotropics
Evolution of
Drug Laws
Existing statutes deemed
insufficient:
• Opium Act, 1857
• Opium Act, 1858
• Dangerous Drugs Act, 1930
This led to a demand for
comprehensive legislation
Introduction to NDPS Act, 1985
Enacted to address
contemporary drug
challenges
Narcotic Drugs and
Psychotropic Substances
Act and Rules, 1985
Jurisdiction and Implementation
Effective from 14 November 1985
Coverage:
• Entire India
• Indian citizens abroad
• Individuals on ships and aircrafts
registered in India
OBJECTIVE
S OF THE
NDPS ACT
1. To consolidate and amend the existing
laws relating to Narcotic Drugs.
2. To make stringent provisions for
controlling and regulating operations
3. To considerably enhance the penalties,
particularly for trafficking offenses.
4. To make provisions for implementing
International Conventions to which India is
a party.
Definition of Cannabis
(Hemp)
Charas: Separated resin from the
cannabis plant
Ganja: Flowering or fruiting tops of the
cannabis plant
Mixtures: With or without neutral
material or any form of cannabis
Note: Cannabis Plant - Any plant of the
genus cannabis
Definition of Coca
Derivative
Crude cocaine: Extract from
coca leaf
Ecgonine and its derivatives
Cocaine: Methyl ester of
benzoyl-ecgonine and its salts
Preparations containing more
than 0.1% cocaine
Definition of Coca Leaf
& Plant
Coca Leaf: Leaf of the coca
plant, mixtures thereof
Exclusions: Preparations
containing not more than 0.1%
of cocaine
Note: Coca Plant - Plant of any
species of the genus
Erythroxylon
Controlled Substance
& Illicit Traffic
Controlled Substance: Any substance
declared by the Central Government
Illicit Traffic: Cultivating coca or opium
poppy, production, possession, sale,
etc. of narcotic drugs or psychotropic
substances
Definitions: Narcotic
Drug & Opium
Narcotic Drug: Coca leaf, cannabis
(hemp), opium straw, and
manufactured goods
Opium: Coagulated juice of the
opium poppy
Definition of Opium
Derivative
Medicinal Opium: Adapted for
medicinal use
Prepared Opium: Product of opium
for smoking
Phenanthrene Alkaloids: Morphine,
codeine, thebaine, etc.
Note: All preparations with more
than 0.2% morphine or any diacetyl
morphine
Definition of Opium Poppy,
Poppy Straw, & Concentrate
Opium Poppy: Species of Papaver
plant
Poppy Straw: All parts of the opium
poppy after harvesting
Poppy Straw Concentrate:
Concentration of poppy straw's
alkaloids
Definition of
Psychotropic Substance
Any substance, natural or synthetic,
specified in the Schedule
Authorities and Officers
in Narcotic Control
Measures by Central
Government
Co-ordination of actions among various
officers and authorities.
Fulfilling obligations under International
Conventions.
Assisting foreign authorities and
international organizations.
Addressing addiction issues through
identification, treatment, education,
rehabilitation, and social reintegration.
Taking any other necessary measures to
combat narcotic abuse and illicit drug
trafficking.
Central Government
Authority
The Central Government can
constitute an authority for
enforcement.
The authority operates under Central
Government's supervision and control.
It exercises powers and functions as if
empowered by this Act.
Officers of Government
The Central Government appoints a
Narcotics Commissioner.
The Commissioner supervises opium
poppy cultivation and performs other
designated functions.
The Central Government may appoint
other officers.
Officers are subject to the Central
Government's control and direction.
The Commissioner can authorize
subordinate officers.
Officers of State
Government
State Government appoints officers
with designated roles.
Officers operate under the State
Government's control and direction.
They may also follow the direction of
other authorities or officers when
specified.
Central and State
Governments appoint
officers and authorities
for narcotic control.
These entities are
crucial in coordinating
and enforcing
measures to combat
drug abuse and illicit
trafficking.
Narcotic Drugs and
Psychotropic
Substances
Consultative
Committee
Establishment
of the
Committee
Central Government's authority to
constitute an advisory committee.
Committee named "The Narcotic
Drugs and Psychotropic
Substances Consultative
Committee."
Advisory role in matters related to
the administration of the Act.
Composition
of the
Committee
The Committee consists of a
Chairman and up to twenty members.
Appointments made by the Central
Government.
The Committee meets at the
discretion of the Central Government.
Authority to regulate its own
procedures.
Sub-
Committees
The Committee can form one
or more sub-committees.
Sub-committees may include
non-members for efficient
functioning.
Enhances specialized focus
on specific issues.
The Consultative Committee
assists the Central Government in
matters related to narcotic drugs
and psychotropic substances.
It ensures expert advice and
coordination in administering the
Act.
National Fund for
Control of Drug Abuse
Fund
Composition
Appropriation by Parliament
Sale proceeds of forfeited property
Grants from individuals or institutions
Income from investments
Fund Utilization
Combating illicit
drug trafficking
Controlling drug
abuse
Identifying,
treating, and
rehabilitating
addicts
Preventing drug
abuse
Educating the
public against
drug abuse
Supplying drugs
to addicts in
medical
necessity cases
Governing Body
The Central Government can establish a Governing Body to advise and allocate
funds from the Fund.
The Governing Body composition:
Chairman (not below the rank of Additional Secretary to the Central Government)
Up to six other appointed members
The Governing Body has the authority to regulate its own procedures.
Reporting
• After each financial year, the
Central Government must publish
a report in the Official Gazette.
• The report includes:
An account of activities financed
under section 7A during the
financial year
A statement of accounts
Prohibition, Control, and
Regulation
Under the Narcotic Drugs and
Psychotropic Substances Act
Prohibited Operations
• Cultivation of coca plants or
gathering any part of the coca plant.
• Cultivation of opium poppy or any
cannabis plant.
• Production, possession, sale,
purchase, transportation, and more
of narcotic drugs or psychotropic
substances, except for medical or
scientific purposes with proper
authorization.
Effective Date of
Prohibition
• Prohibition takes effect upon
notification by the Central
Government in the Official
Gazette.
• Specifies the date of
enforcement.
Central
Government's
Powers
Rules to permit and regulate various activities, including:
Cultivation of coca plants or gathering parts for specific
uses.
Cultivation of opium poppy.
Production and manufacturing of opium and poppy straw.
Sale of opium and derivatives from Central Government
factories.
Manufacture of various drugs (excluding medicinal opium).
Import, export, and more of psychotropic substances.
Prescribing measures for effective control.
Central
Government's
Permits
Cultivation of coca plants or
gathering parts for flavoring agents.
Cultivation of cannabis plants for
industrial or horticultural purposes.
Regulation of controlled
substances.
Conditions may apply.
State
Government's
Powers
Rules to permit or regulate activities, including:
Possession, transport, import/export of poppy
straw and opium.
Cultivation, production, possession, and more of
cannabis (excluding charas).
Manufacture of medicinal opium or drug
preparations.
Possession, transport, sale, purchase, and more
of manufactured drugs.
Registration of addicts for personal opium
consumption.
Prescribing measures for effective control.
Cultivation of Opium
Poppy and Production
of Opium or Poppy
Straw
NDPS Act
Regulations
Cultivation and production of opium
or poppy straw allowed only on
behalf of the Central Government.
License required in specified areas.
Licenses issued by District Opium
Officers.
Lambardar
Designation
Lambardar designated by
District Opium Officer in each
village.
Lambardar's functions and
terms specified by the
Narcotic Commissioner.
Licenses can be withheld or
canceled by higher officers
with a hearing opportunity.
Crop
Cancellation
If a license is canceled, the
standing crop may be
destroyed under authorized
officer supervision.
Methods specified by the
Narcotic Commissioner.
Opium
Production
Process
Daily weighment of opium by
Lambardar during harvesting.
Records jointly attested by
Lambardar and cultivator.
Records checked by
authorized officers.
Discrepancies may lead to
inquiries and punishments.
Opium
Delivery and
Classification
All opium delivered to District Opium
Officers.
Weighed, examined, and classified by
quality and consistency.
Forwarded to Government Opium Factory
as specified by Narcotic Commissioner.
Dissatisfied cultivators can have opium
forwarded to the factory.
Suspected
Adulteration
If District Opium Officer
suspects adulteration,
separate sealing in presence
of Lambardar and cultivator.
Adulterated opium may be
confiscated after a hearing.
Price
Fixation
Central Government
periodically fixes opium
prices.
Price per kilogram of opium
of standard consistence.
Payment to cultivators.
Manufacture,
Sale, and
Export of
Opium
Manufacture
of Opium
Central Government's exclusive
right to manufacture opium.
Two factories at Ghazipur and
Neemuch.
Authorized individuals may
manufacture opium mixtures as
per State Government rules.
Sale of
Opium
Sale to State Governments and
manufacturing chemists only from
Government Opium Factory, Ghazipur.
Requires a permit from the relevant State
Government.
Permit issued in quadruplicate.
Copies retained by issuing authority, factory,
and forwarded to the factory.
Permit
Process
Permit issued by the State
Government within the chemist's
jurisdiction.
Four copies: one retained, one
with the factory, and one for the
issuing authority.
Factory endorses quantity and
date of dispatch on the triplicate
copy.
Price
Fixation
Opium price set by the
Central Government.
Prices are adjusted
periodically.
Export of Opium
The export of opium is prohibited except when it is on
the behalf of the Central Government.
OFFENCES
AND
PENALTIES
OFFENCES
AND
PENALTIES
OFFENCES
AND
PENALTIES

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Pharmaceutical Jurisprudence (BP505T) Unit-3 Narcotics & Psychotropic Substances.pptx

  • 2. Overview of Medicinal Drugs Coca, Hemp, and Opium: Medicinal properties Restrictions due to: • Habit-forming nature • Degenerating effects • Societal concerns
  • 3. Legislative Control Over Opium Opium Act in 1857 Objectives: • Safeguard public welfare • Preserve public health • Curtail undesirable social and moral impacts
  • 4. Modern-day Habit- Forming Drugs New additions to restricted list: • Heroin • Brown sugar • Charas Concerning trend: • Rising addiction rates globally • Proliferation of narcotic drugs and psychotropics
  • 5. Illicit Drug Trade Lucrative business for anti-social entities Surge in smuggling and sale of narcotics and psychotropics
  • 6. Evolution of Drug Laws Existing statutes deemed insufficient: • Opium Act, 1857 • Opium Act, 1858 • Dangerous Drugs Act, 1930 This led to a demand for comprehensive legislation
  • 7. Introduction to NDPS Act, 1985 Enacted to address contemporary drug challenges Narcotic Drugs and Psychotropic Substances Act and Rules, 1985
  • 8. Jurisdiction and Implementation Effective from 14 November 1985 Coverage: • Entire India • Indian citizens abroad • Individuals on ships and aircrafts registered in India
  • 9. OBJECTIVE S OF THE NDPS ACT 1. To consolidate and amend the existing laws relating to Narcotic Drugs. 2. To make stringent provisions for controlling and regulating operations 3. To considerably enhance the penalties, particularly for trafficking offenses. 4. To make provisions for implementing International Conventions to which India is a party.
  • 10. Definition of Cannabis (Hemp) Charas: Separated resin from the cannabis plant Ganja: Flowering or fruiting tops of the cannabis plant Mixtures: With or without neutral material or any form of cannabis Note: Cannabis Plant - Any plant of the genus cannabis
  • 11. Definition of Coca Derivative Crude cocaine: Extract from coca leaf Ecgonine and its derivatives Cocaine: Methyl ester of benzoyl-ecgonine and its salts Preparations containing more than 0.1% cocaine
  • 12. Definition of Coca Leaf & Plant Coca Leaf: Leaf of the coca plant, mixtures thereof Exclusions: Preparations containing not more than 0.1% of cocaine Note: Coca Plant - Plant of any species of the genus Erythroxylon
  • 13. Controlled Substance & Illicit Traffic Controlled Substance: Any substance declared by the Central Government Illicit Traffic: Cultivating coca or opium poppy, production, possession, sale, etc. of narcotic drugs or psychotropic substances
  • 14. Definitions: Narcotic Drug & Opium Narcotic Drug: Coca leaf, cannabis (hemp), opium straw, and manufactured goods Opium: Coagulated juice of the opium poppy
  • 15. Definition of Opium Derivative Medicinal Opium: Adapted for medicinal use Prepared Opium: Product of opium for smoking Phenanthrene Alkaloids: Morphine, codeine, thebaine, etc. Note: All preparations with more than 0.2% morphine or any diacetyl morphine
  • 16. Definition of Opium Poppy, Poppy Straw, & Concentrate Opium Poppy: Species of Papaver plant Poppy Straw: All parts of the opium poppy after harvesting Poppy Straw Concentrate: Concentration of poppy straw's alkaloids
  • 17. Definition of Psychotropic Substance Any substance, natural or synthetic, specified in the Schedule
  • 18. Authorities and Officers in Narcotic Control
  • 19. Measures by Central Government Co-ordination of actions among various officers and authorities. Fulfilling obligations under International Conventions. Assisting foreign authorities and international organizations. Addressing addiction issues through identification, treatment, education, rehabilitation, and social reintegration. Taking any other necessary measures to combat narcotic abuse and illicit drug trafficking.
  • 20. Central Government Authority The Central Government can constitute an authority for enforcement. The authority operates under Central Government's supervision and control. It exercises powers and functions as if empowered by this Act.
  • 21. Officers of Government The Central Government appoints a Narcotics Commissioner. The Commissioner supervises opium poppy cultivation and performs other designated functions. The Central Government may appoint other officers. Officers are subject to the Central Government's control and direction. The Commissioner can authorize subordinate officers.
  • 22. Officers of State Government State Government appoints officers with designated roles. Officers operate under the State Government's control and direction. They may also follow the direction of other authorities or officers when specified.
  • 23. Central and State Governments appoint officers and authorities for narcotic control. These entities are crucial in coordinating and enforcing measures to combat drug abuse and illicit trafficking.
  • 25. Establishment of the Committee Central Government's authority to constitute an advisory committee. Committee named "The Narcotic Drugs and Psychotropic Substances Consultative Committee." Advisory role in matters related to the administration of the Act.
  • 26. Composition of the Committee The Committee consists of a Chairman and up to twenty members. Appointments made by the Central Government. The Committee meets at the discretion of the Central Government. Authority to regulate its own procedures.
  • 27. Sub- Committees The Committee can form one or more sub-committees. Sub-committees may include non-members for efficient functioning. Enhances specialized focus on specific issues.
  • 28. The Consultative Committee assists the Central Government in matters related to narcotic drugs and psychotropic substances. It ensures expert advice and coordination in administering the Act.
  • 29. National Fund for Control of Drug Abuse
  • 30. Fund Composition Appropriation by Parliament Sale proceeds of forfeited property Grants from individuals or institutions Income from investments
  • 31. Fund Utilization Combating illicit drug trafficking Controlling drug abuse Identifying, treating, and rehabilitating addicts Preventing drug abuse Educating the public against drug abuse Supplying drugs to addicts in medical necessity cases
  • 32. Governing Body The Central Government can establish a Governing Body to advise and allocate funds from the Fund. The Governing Body composition: Chairman (not below the rank of Additional Secretary to the Central Government) Up to six other appointed members The Governing Body has the authority to regulate its own procedures.
  • 33. Reporting • After each financial year, the Central Government must publish a report in the Official Gazette. • The report includes: An account of activities financed under section 7A during the financial year A statement of accounts
  • 34. Prohibition, Control, and Regulation Under the Narcotic Drugs and Psychotropic Substances Act
  • 35. Prohibited Operations • Cultivation of coca plants or gathering any part of the coca plant. • Cultivation of opium poppy or any cannabis plant. • Production, possession, sale, purchase, transportation, and more of narcotic drugs or psychotropic substances, except for medical or scientific purposes with proper authorization.
  • 36. Effective Date of Prohibition • Prohibition takes effect upon notification by the Central Government in the Official Gazette. • Specifies the date of enforcement.
  • 37. Central Government's Powers Rules to permit and regulate various activities, including: Cultivation of coca plants or gathering parts for specific uses. Cultivation of opium poppy. Production and manufacturing of opium and poppy straw. Sale of opium and derivatives from Central Government factories. Manufacture of various drugs (excluding medicinal opium). Import, export, and more of psychotropic substances. Prescribing measures for effective control.
  • 38. Central Government's Permits Cultivation of coca plants or gathering parts for flavoring agents. Cultivation of cannabis plants for industrial or horticultural purposes. Regulation of controlled substances. Conditions may apply.
  • 39. State Government's Powers Rules to permit or regulate activities, including: Possession, transport, import/export of poppy straw and opium. Cultivation, production, possession, and more of cannabis (excluding charas). Manufacture of medicinal opium or drug preparations. Possession, transport, sale, purchase, and more of manufactured drugs. Registration of addicts for personal opium consumption. Prescribing measures for effective control.
  • 40. Cultivation of Opium Poppy and Production of Opium or Poppy Straw
  • 41. NDPS Act Regulations Cultivation and production of opium or poppy straw allowed only on behalf of the Central Government. License required in specified areas. Licenses issued by District Opium Officers.
  • 42. Lambardar Designation Lambardar designated by District Opium Officer in each village. Lambardar's functions and terms specified by the Narcotic Commissioner. Licenses can be withheld or canceled by higher officers with a hearing opportunity.
  • 43. Crop Cancellation If a license is canceled, the standing crop may be destroyed under authorized officer supervision. Methods specified by the Narcotic Commissioner.
  • 44. Opium Production Process Daily weighment of opium by Lambardar during harvesting. Records jointly attested by Lambardar and cultivator. Records checked by authorized officers. Discrepancies may lead to inquiries and punishments.
  • 45. Opium Delivery and Classification All opium delivered to District Opium Officers. Weighed, examined, and classified by quality and consistency. Forwarded to Government Opium Factory as specified by Narcotic Commissioner. Dissatisfied cultivators can have opium forwarded to the factory.
  • 46. Suspected Adulteration If District Opium Officer suspects adulteration, separate sealing in presence of Lambardar and cultivator. Adulterated opium may be confiscated after a hearing.
  • 47. Price Fixation Central Government periodically fixes opium prices. Price per kilogram of opium of standard consistence. Payment to cultivators.
  • 49. Manufacture of Opium Central Government's exclusive right to manufacture opium. Two factories at Ghazipur and Neemuch. Authorized individuals may manufacture opium mixtures as per State Government rules.
  • 50. Sale of Opium Sale to State Governments and manufacturing chemists only from Government Opium Factory, Ghazipur. Requires a permit from the relevant State Government. Permit issued in quadruplicate. Copies retained by issuing authority, factory, and forwarded to the factory.
  • 51. Permit Process Permit issued by the State Government within the chemist's jurisdiction. Four copies: one retained, one with the factory, and one for the issuing authority. Factory endorses quantity and date of dispatch on the triplicate copy.
  • 52. Price Fixation Opium price set by the Central Government. Prices are adjusted periodically.
  • 53. Export of Opium The export of opium is prohibited except when it is on the behalf of the Central Government.