Narcotic Drugs and Psychotropic Substances Act
Narcotic Drugs and Psychotropic Substances Act 1985 and Rules Objectives, Definitions, Authorities and Officers, Prohibition, Control and Regulation, Offences and Penalties. Subject Pharmacy Law and Ethics
PHARMACEUTICAL JURISPRUDENCE
Alok Bains
1/17/202417 min read
Narcotic Drugs and Psychotropic Substances Act 1985 and Rules Objectives, Definitions, Authorities and Officers, Prohibition, Control and Regulation, Offences and Penalties. Subject Pharmacy Law and Ethics
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 (NDPS Act)
The Opium Act, of 1852, The Opium Act, of 1878, and The Dangerous Drugs Act, of 1930 are some acts that were previously controlled narcotic drugs in India. However, provisions of these acts were inadequate to control illicit drug traffic and drug abuse at national and international levels.
NDPS Act 1985 Objectives:
1. To strengthen the existing controls over drug abuse by considerably enhancing the penalties, particularly for trafficking offenses,
2. To make provisions to exercise effective control over psychotropic substances and
3. To make provisions for the implementation of international conventions related to narcotic drugs and psychotropic substances.
Definitions
1. Addict: "Addict" means a person has a dependence on any narcotic drug or psychotropic substance
2. Narcotic drugs: Narcotic drugs means coca leaf, cannabis hemp, opium, and poppy straw, and include all manufactured drugs.
3. Cannabis (Hemp): "Cannabis (hemp)" means-
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: the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and
c. any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared from them.
4. Cannabis plant: "Cannabis plant" means any plant of the genus cannabis
5. Medicinal Cannabis: Medicinal cannabis is medicinal hemp which means extract or tincture of cannabis (Hemp)
6. Coca Leaf: "coca leaf" means
a. the leaf of the coca plant except a leaf from which all ecgonine, cocaine, and any other ecgonine alkaloids have been removed;
b. any mixture thereof with or without any neutral material; but does not include any preparation containing not more than 0.1 percent. of cocaine;
7. Coca Plant: "Coca plant" means the plant of any species of the genus Erythroxylon;
8. Coca Derivatives: "coca derivative' means
a. Crude cocaine, that is, any extract of coca leaf that 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 percent of cocaine;
9. Opium: "Opium" means
a. the coagulated juice of the opium poppy; and
b. any mixture, with or without any neutral material, of the coagulated juice of the opium poppy,
c. but does not include any preparation containing not more than 0.2 percent of morphine:
10. Opium Derivatives: "Opium derivative" means
a. Medicinal Opium: that is, opium that has undergone the processes necessary to adapt it for medicinal use by the requirements of the Indian Pharmacopoeia or any other pharmacopeia notified on this behalf by the Central Government, whether in powder form or granulated or otherwise or mixed with neutral materials;
b. Prepared Opium: that is, any product of opium by any series of operations designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after opium is smoked;
c. Phenanthrene alkaloids, namely, morphine, codeine, thebaine, and their salts;
d. Diacetylmorphine, that is, the alkaloid also known as diamorphine or heroin and its salts; and
e. All preparations containing more than 0.2 percent of morphine or containing any diacetylmorphine’
11. Opium Poppy: "Opium poppy" means
a. The plant of the species Papaver somniferum L.; and
b. The plant of any other species of Papaver from which opium or any phenanthrene alkaloid can be extracted and the Central Government declare to be opium poppy for this act by notification in the Official Gazette.
12. Poppy Straw: "Poppy straw" means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered, and whether or not juice has been extracted from them
13. Poppy straw concentrate: "Poppy straw concentrate" means the material arising after poppy straw has been entered into a process for the concentration of its alkaloids;
14. Preparation: "Preparation", about a narcotic drug or psychotropic substance, means any one or more such drugs or substances in dosage form or any solution or mixture, in whatever physical state, containing one or more such drugs or substances;
15. Psychotropic substance: "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;
16. Illicit Traffic: "Illicit traffic", about narcotic drugs and psychotropic substances, means
a. Cultivating any coca plant or gathering any portion of the coca plant;
b. Cultivating the opium poppy or any cannabis plant;
c. Engaging in the production, manufacture, possession, sale, purchase, transportation,
d. Warehousing, concealment, use or consumption, import inter-state, export inter-state, import into India, export from India or transshipment, of narcotic drugs or psychotropic substances;
e. Dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in points a, b, and c; or
f. Handling or letting out any premises for the carrying on of any of the activities referred to points a, b, s, and d ;
g. other than those permitted under this Act, or any rule or order made, or any condition of any license, term or authorization issued, there under, and includes
i. Financing, directly or indirectly, any of the aforementioned activities;
ii. Abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and
iii. Harbouring persons engaged in any of the aforementioned activities;
17. "manufacture", about narcotic drugs or psychotropic substances, includes
a. All processes other than production by which such drugs or substances may be obtained;
b. Refining of such drugs or substances;
c. Transformation of such drugs or substances; and
d. Making of preparation (otherwise than in a pharmacy on prescription) with or containing such drugs or substances;
18. "Manufactured drug" means
a. All coca derivatives, medicinal cannabis, opium derivatives, and poppy straw concentrate;
b. Any other narcotic substance or preparation declared to be manufactured drugs by the central government through a gazette notification. It does not include any narcotic substance or preparation declared by the central government as exempted from being included in manufactured drugs through gazette notifications.
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AUTHORITIES AND OFFICERS
Central Government:
The central government shall take all needful action to prevent and control the abuse of narcotic drugs and psychotropic substances and their illicit traffic. The central government shall coordinate various officers from state governments, other authorities, concerned authorities in foreign countries, and concerned international organizations. The central government shall also identify, treat, educate, rehabilitate, and socially reintegrate addicts.
The central government appoints a narcotic commissioner to exercise the power of the central government. The central government also constitutes a Narcotic Drugs and Psychotropic Substances Consultative Committee.
Narcotic Drugs and Psychotropic Substances Consultative Committee: It is an advisory committee to advise the central government on various matters related to Narcotic Drugs and Psychotropic Substances and regarding the administration of the Narcotic Drugs and Psychotropic Substances Act 1985. Narcotic Drugs and Psychotropic Substances Consultative Committee consists of a chairman and some other members. Number of members shall not be more than twenty. The chairman and members of the committee shall be appointed by the central government.
Functions:
Narcotic Drugs and Psychotropic Substances Consultative Committee has the power to regulate its procedure.
· It calls meetings whenever the central government requires any advice regarding Narcotic Drugs and Psychotropic Substances.
· The committee has the power to constitute one or more sub-committees for any particular matter. Narcotic Drugs and Psychotropic Substances Consultative Committee can include any person as a member of the sub-committee who is not a member of the Narcotic Drugs and Psychotropic Substances Consultative Committee.
The central government has the authority to fix allowances to be paid to the chairman and members of the committee. The central government also fixes allowances to be paid to members of the sub-committee, who are not members of the committee. The central government also decided to fill the casual vacancies on the Narcotic Drugs and Psychotropic Substances Consultative Committee.
State government
State government can also appoint some officers to look after matters related to Narcotic Drugs and Psychotropic Substances.
National Fund to Control Drug Abuse: The central government may constitute a fund called the National Fund to Control Drug Abuse. Central government sanctions some amount to this fund after due information and permission to parliament. Any other person or institute can also donate to this fund. Any property seized under this act shall be part of this fund. Funds can be invested to earn money. That earned amount shall also be part of this fund. The central government shall publish an account of the expenditure of the committee as early as possible at the end of the financial year through an official gazette notification. The central government may constitute a governing body to advise the central government regarding funding from the central government. The central government appoints a chairman and some members of the Governing body. Number of members shall not be more than six. The government body has the power to regulate its procedure.
The central government uses these funds to meet expenditures for the following
1. Combating illicit traffic in narcotic drugs, psychotropic substances, or controlled substances;
2. Controlling the abuse of narcotic drugs and psychotropic substances;
3. Identifying, treating, and rehabilitating addicts;
4. Preventing drug abuse;
5. Educating the public against drug abuse;
6. Supplying drugs to addicts where such supply is a medical necessity.
Prohibition, Control, and Regulations
No Person shall:
1. Cultivate any coca plant or gather any portion of the coca plant; or
2. Cultivate the opium poppy or any cannabis plant; or
3. Produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-state, export inter-state, import into India, export from India or tranship any narcotic drug or psychotropic substance.
These operations are allowed
a. For medical or scientific purposes.
b. in the manner and to the extent provided by the provisions of this Act or the rules or orders made there under.
c. under license, permit, or authorization by the terms and conditions of such license, permit, or authorization:
d. Prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, transport, warehousing, import inter-state and export inter-state of ganja for any purpose other than medical and scientific purpose shall take effect only from the date Central Government notify in the Official Gazette,
A person staying miles away from the goods and there is proof that he had an interest in illegal activity under the act, would be considered guilty of offense.
A person possessing narcotic drugs or psychotropic substances or carrying them in the car for another person shall be considered guilty. The person carrying, the driver of the car, and for whom it is carrying shall be liable to punishment.
All manufactured drugs are also narcotic drugs. Possession of this is prohibited under this act
Prohibition of certain activities relating to property derived from offense.
No person shall
1. convert or transfer any property knowingly that said property is derived from an offense committed under this Act or any other corresponding law of any other country or
2. Participate in such offense, to conceal or disguise the illicit origin of the property or to assist any person in the commission of an offense or to evade the legal consequences; or
3. Conceal the true nature, source, location, and disposition of any property knowingly that said property is derived from an offense committed under this Act or any other corresponding law of any other country; or
4. Knowingly acquire, possess, or use any property that was derived from an offense committed under this Act or any other corresponding law of any other country.
5. No person can attach narcotic drugs, psychotropic substances, coca plant, opium poppy, or cannabis plant to recover any money even after an order of a court or any other authorities
Restrictions over external dealings in narcotic drugs and psychotropic substances:
No person shall engage in or control any trade related to narcotic drugs and/or psychotropic substances. No person shall procure narcotic drugs and/or psychotropic substances from outside India or supply these to persons outside India.
Special provisions related to coca plant and coca leaves to be used as flavoring agents in the preparation:
The central government may permit with or without conditions to cultivate, gather, possess, produce, sell, purchase, transport, import inter-state, export inter-state, import into India of coca plant, coca leaf, or any part of coca plant.
Special provision related to cannabis: Cultivation of cannabis plant for industrial purposes to gather seeds and or fibers or for horticulture purposes.
Power of Central Government to permit, control, and regulate
The central government may permit and regulate the following activities:
1. The cultivation, or gathering of any portion of coca plant, or the production, possession, sale, purchase, transport, import inter-state, export inter-state, use or consumption of coca leaves;
2. The cultivation of the opium poppy;
3. The production and manufacture of opium and production of poppy straw;
4. The sale of opium and opium derivatives from the Central Government factories for export from India or sale to the State Government or manufacturing chemists;
5. The manufacture of manufactured drugs (other, than prepared opium) but not including the manufacture of medicinal opium or any preparation containing any manufactured drug
6. The manufacture, possession, transport import inter-State, export inter-State, sale, purchase, consumption, or use of psychotropic substances;
7. The import into India and export from India and transshipment of narcotic drugs and psychotropic substances;
The central government is empowered
1. To fix the limits within which licenses may be given for the cultivation of the opium poppy. All opium with opium poppy cultivated shall be delivered by the cultivators to the authorized officers of the Central Government;
2. To prescribe the forms and conditions of licenses for the cultivation of the opium poppy and the production and manufacture of opium.
3. To fix the fees that may be charged by the authorities to grant licenses.
4. To grant, withhold, refuse, or cancel the license
5. To appoint authorities to appeal against withholding, refusal, or cancellation of licenses.
6. To prescribe that opium shall be weighed, examined, and classified in the presence of a cultivator. These all are carried out as per the quality and consistency of opium by the officers authorized by the Central Government.
7. To fix from time to time the price to be paid to the cultivators for the opium delivered;
8. To confiscate opium by authorized officer if it is brought adulterated
9. To prescribe the forms, fees, and conditions of licenses to manufacture manufactured drugs,
10. To prescribe the forms fees and conditions of licenses or permits for the manufacture, possession, transport, import inter-state, export inter-state, sale, purchase, consumption, or use of psychotropic substances,
11. To prescribe the ports and other places to import narcotic drugs or psychotropic substances into India or exported from India or transhipped;
12. To prescribe the forms, fees, and conditions of certificates, authorizations, or permits, import, export, or transshipment.
Power of State Government to permit, control, and regulate
The State Government may issue permits and regulate the following activities
1. The possession, transport, import inter-state, export inter-state, warehousing, sale, purchase, consumption, and use of poppy straw;
2. The possession, transport, import inter-state, export inter-state sale, purchase, consumption, and use of opium;
3. The cultivation of any cannabis plant, production, manufacture possession, transport, import inter-state, export inter-state, sale, purchase consumption, or use of cannabis (excluding charas);
4. The manufacture of medicinal opium or any preparation containing any manufactured drug from materials that the maker is lawfully entitled to possess
5. The possession, transport, purchase, sale, import inter-state, export inter-state, use or consumption of manufactured drugs other than prepared opium and of coca leaf and any preparation containing any manufactured drug;
6. The Possession of prepared opium from opium lawfully possessed by an addict and registered with the State Government on medical advice for his consumption:
7. The State Government is empowered to declare any place to be a warehouse to store poppy straw. It shall be the duty of the owners to deposit legal poppy straw intended for export inter-state or export from India;
8. To regulate the safe custody of such poppy straw warehoused and the removal of such poppy straw for sale or export inter-state or export from India;
9. To levy fees for such warehousing
10. To prescribe a period after which the poppy straw warehoused shall be disposed of due to nonpayment of fees;
11. To provide limits within which licenses may be given for the cultivation of any cannabis plant. This limit shall be fixed from time to time by the orders of the State Government;
12. To provide that only licensed cultivators shall be authorized to engage in cultivation of any cannabis plant;
13. All cannabis cultivated shall be delivered by the cultivators to the authorized officers of the State Government.
14. The State Government is empowered to fix from time to time, the price to be paid to the cultivators for the cannabis delivered;
15. To prescribe the forms, fees, and conditions of licenses or permits for the purposes specified.
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Offences and Penalties
1. Punishment in contravention related to poppy straw:
Any contravention related to poppy straw regarding production, possession, transportation, inter-state import, inter-state exports, sales, purchases, uses, or removal of poppy straw from warehouses shall be a punishable act.
· For small quantity imprisonment up to six months or fine up to Rs 10,000/- (Rs ten thousand) or both
· For larger quantities but less than commercial quantity imprisonment is up to 10 years and a fine up to 1,00,000/- (Rs One Lakh) or both
· For commercial quantity imprisonment not less than 10 years and fine up to 2,00,000/- (Rs two Lakh). The court may extend a fine of more than Rs 2 Lakh
2. Punishment in contravention related to coca plant and coca leaves:
Any contravention related to coca plant and coca leaf regarding cultivation, gathering production, possession, transportation, inter-state import, inter-state exports, sales, purchases, uses, or removal of coca plant or coca leaves shall be a punishable act. Punishment shall be up to 10 years imprisonment or a fine up to Rs 1,00,000/- (Rs one lakh)
3. Punishment in contravention related to prepared opium:
Any contravention related to prepared opium regarding production, possession, transportation, inter-state import, inter-state exports, sales, purchases, uses, or removal shall be a punishable act.
· For small quantities rigorous imprisonment of up to six months or a fine of up to Rs 10,000/- (Rs Ten Thousand) or both
· For quantity lesser than commercial quantity or more than small quantity imprisonment is up to 10 years and a fine of up to Rs 1,00.000/- (Rs One Lakh).
· For commercial quantity imprisonment not less than 10 years and fine not less than 1,00,000/- (Rs One Lakh) that may extend up to 2,00,000/- (Rs two Lakh). The court may impose a fine of more than Rs two Lakh.
4. Punishment in contravention related to opium poppy and opium:
Any contravention related to opium poppy and opium regarding the cultivation of poppy, production, possession, transportation, inter-state import, inter-state exports, sells, purchases, or uses without a license shall be a punishable act.
· For small quantities rigorous imprisonment of up to six months or a fine up to Rs 10,000/- (Rs Ten Thousand) or both
· For quantity lesser than commercial quantity or more than small quantity imprisonment up to 10 years and a fine up to Rs 1,00.000/- (Rs One Lakh).
· For commercial quantity imprisonment not less than 10 years and fine not less than 1,00,000/- (Rs One Lakh) that may extend up to 2,00,000/- (Rs two Lakh). The court may impose a fine of more than Rs two Lakh.
5. Punishment to embezzle opium by cultivator:
Illegal disposal of opium or part of opium by a licensed cultivator shall be a punishable act.
· Imprisonment not less than 10 years that may be extended up to 20 years and fine not less than one Lakh that may be extended up to two Lakh. The court may impose a fine of more than Rs two Lakh
6. Punishment in contravention related to the cannabis plant and cannabis:
Contravention of any provision regarding cannabis cultivation or its production, possession, transportation, inter-state import, inter-state exports, sales, purchases, or uses without a license shall be a punishable act.
· Imprisonment of up to 10 years and a fine of up to Rs 100000/- (Rs One Lakh) for illegal cultivation.
· Imprisonment of up to six months or a fine of up to one Lakh for other activities mentioned in point number 6.
o For small quantities imprisonment shall be up to six months or a fine up to 10000/- or both.
o For quantity lesser than commercial quantity or more than small quantity imprisonment is up to 10 years and a fine of up to Rs 1,00.000/- (Rs One Lakh).
o For commercial quantity imprisonment not less than 10 years and fine not less than 1,00,000/- (Rs One Lakh) that may extend up to 2,00,000/- (Rs two Lakh). The court may impose a fine of more than Rs two Lakh
7. Punishment in contravention related to manufactured drugs and preparations:
Contravention of any provision regarding manufactured drug possession, transportation, inter-state import, inter-state exports, sells, purchases, or uses without a license shall be a punishable act.
· For small quantities rigorous imprisonment of up to six months or a fine of up to Rs 10,000/- (Rs Ten Thousand) or both
· For quantity lesser than commercial quantity or more than small quantity imprisonment is up to 10 years and a fine up to Rs 1,00.000/- (Rs One Lakh).
· For commercial quantity imprisonment not less than 10 years and fine not less than 1,00,000/- (Rs One Lakh) that may extend up to 2,00,000/- (Rs two Lakh). The court may impose a fine of more than Rs two Lakh.
8. Punishment in contravention related to psychotropic substances:
Contravention of any provision of license regarding Psychotropic substances possession, transportation, inter-state import, inter-state exports, sells, purchases, or uses without a license shall be a punishable act.
· For small quantities rigorous imprisonment of up to six months or a fine of up to Rs 10,000/- (Rs Ten Thousand) or both
· For quantity lesser than commercial quantity or more than small quantity imprisonment is up to 10 years and a fine of up to Rs 1,00.000/- (Rs One Lakh).
· For commercial quantity imprisonment not less than 10 years and fine not less than 1,00,000/- (Rs One Lakh) that may extend up to 2,00,000/- (Rs two Lakh). The court may impose a fine of more than Rs two Lakh.
9. Punishment for illegal import into India, export from India, or transshipment of narcotic drugs and psychotropic substances:
Contravention of any provision of a license to import into India, to export from India, or to transmit any narcotic and psychotropic substances shall be a punishable act.
· For small quantities rigorous imprisonment of up to six months or a fine up to Rs 10,000/- (Rs Ten Thousand) or both
· For quantity lesser than commercial quantity or more than small quantity imprisonment is up to 10 years and a fine up to Rs 1,00.000/- (Rs One Lakh).
· For commercial quantity imprisonment not less than 10 years and fine not less than 1,00,000/- (Rs One Lakh) that may extend up to 2,00,000/- (Rs two Lakh). The court may impose a fine of more than Rs two Lakh.
10. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12:
Trade of narcotic drugs and psychotropic substances to obtain from outside India or to supply to a person outside India without a license granted under section 12 of this act shall be liable to punishment.
· Imprisonment not less than 10 years and fine not less than 1,00,000/- (Rs One Lakh) that may extend up to 2,00,000/- (Rs two Lakh). The court may impose a fine of more than Rs two Lakh
11. Punishment in contravention related to orders made under section 9A.:
If any person contravenes section 9 A of the act shall be liable to punishment
· Imprisonment up to 10 years and fine up to Rs 1,00.000/- (Rs One Lakh). The court may extend a fine of more than one lakh.
12. Punishment for certain acts by the licensee or his servants.
Any employee of the Licensee, permit holder, or authorization granted under this Act or any rule or order made thereunder performed the following activities
a. Omits, without any reasonable cause, to maintain accounts or to submit any return by the provisions of this Act, or any rule made thereunder;
b. Fails to produce without any reasonable cause such license, permit, or authorization on demand of any officer authorized by the Central Government or State Government
c. Keeps any accounts or makes any statement that is false or he knows or has reasons to believe to be incorrect; or
d. Wilfully and knowingly does any act in breach of any of the conditions of license, permit, or authorization for which a penalty is not prescribed else wherein this Act,
· He shall be punishable with imprisonment for a term which may extend to three years or with a fine or with both.
13. Punishment for consumption of any narcotic drugs or psychotropic substances:
Consumption of cocaine, morphine, diacetylmorphine, or any other narcotic drugs or psychotropic substances notified by the government by gazette notification shall be a punishable act.
· Imprisonment up to one year or fine up to Rs 20,000/- or both
· Consumption of narcotic or psychotropic substances not mentioned in the above point shall be liable to imprisonment of up to six months or a fine of up to ten thousand or both
14. Punishment to finance illicit traffic and harboring offenders:
· Imprisonment not less than 10 years and fine not less than 1,00,000/- (Rs One Lakh) that may extend up to 2,00,000/- (Rs two Lakh). The court may impose a fine of more than Rs two Lakh
15. Punishment for attempts to commit offenses:
Punishment for attempting to commit an offense shall be the same as the offense committed.
16. Punishment to abetment and criminal conspiracy:
Helping to commit an offense and conspiracy to commit an offense shall be liable to punishment as an offense committed.
17. Enhanced punishment for offenses after previous conviction:
A person already convicted to commit, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offenses punishable under this Act and again repeat same shall be liable to be punished. Punishment shall be increased by one-half both for imprisonment and fine.
18. Punishment for the offense for which no punishment is provided:
Imprisonment up to six months or a fine or both.
19. Under the following conditions punishment shall be more than the minimum punishment for an act punishable under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
a. Offender use or threat to use violence or arms
b. Offender is an employee of public office
c. Offender punishable act affect minors
d. Offender uses minor for the punishable act
e. Punishable act is inside educational institutions, social service facilities like parks, sports complex
f. Nearby areas of educational institutions, social service facilities like park
g. Offender is a member of an organized international criminal group or any other criminal group
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