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The Narcotic Drugs and Psychotropic Substances Act of 1985 prohibits the production, manufacture, cultivation, possession, sale, purchase, transportation, storage, and consumption of narcotic drugs and psychotropic substances in India. The Act establishes a regulatory framework, including the formation of a consultative committee and a national fund for drug abuse control, while outlining penalties for violations. Amendments to the Act have introduced stricter penalties, including the death penalty for repeat offenders involved in drug trafficking.
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Save juris. 6th unit For Later NARCOTIC DRUGS AND PSYCHOTROPIC
_ SUBSTANCES ACT - 1985 AND RULES
Objectives, Definitions, Authorities and Officers, Constitution and Functions of narcotic &
Psychotropic Consultative Committee, National Fund for Controlling the Drug Abuse,
Prohibition, Control and Regulation, opium poppy cultivation and production of POPPY
a manufacture, sale and export of opium, Offences and Penalties
a
and Psychotropic Substances Act, 1985, commonly referred to as the NDPS
‘Act. This act prohibits a person to produce/manufacture/cultivate, possess, sell, purchase,
transport, store, and/or consume any narcotic drug or psychotropic substance. The Narcotic
Drugs and ‘Substances Bill, 1985 was introduced in the Lok Sabha on 23 August
1985. The act came into 44 November 1985. The NDPS Act has since been amended
1s ty ‘The Act extends to the whole of India.
ent of the Act in 2001 resulted in amendments relating to the length of
i | drug seized. This ensured that, where traditional
large quantities of cannabis can be arrested for
changes in the law in 2002 created two
were defined as small quantities and
ment Act 2014
was incorporated. At the
and continued to
respective State Drugs
d multiple licenses ofeliminating state wise conflicts.
Escensat Navotic Drugs which are used in medicinal preparations also incu,
Morphine, Fentanyl and Methadone, have been rélaxed for easy accessibility © ©
treatments provided. =
The amendment include mandatory Death Penalty in case of a drug trafficker wh
been convicted once under the NDPS Act for “engaging in the production, may?
Ly in
The amendment will ensure a uniform rules and regulation for the whole Country——
Me
Dee ee aor
@ Crude cocaine, that is, any extract of coca lea!
“ indirectly, for the manufacture of cocaine;
ii) ecgonine and all the derivatives of ecgonine from which it can be reco’
ii) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and
__ Giv)all preparations containing more than 0.1 per cent. of cocaine.
7. Coca leaf: It means
_ @® the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any
__ other ecgonine alkaloids have been removed;
Gil) any mixture thereof with or without any neutral material, but does not include any
___ preparation containing not more than 0.1 per cent. of cocaine;
8 Coca plant: It means the plant of any species of the genus Frythroxylon.
9. Commercial quantity, in relation to narc cs It
‘means any quantity greater than the quantity specified by the Central Government by
notification in the Official Gazette.
10. Controlled substance: It 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
ee Dtcation in the Official Gazette, declare to be a
f which can be used, directly or
wered;sarcotic drugs oF psychotropic substances: It include
fanufacture”, in relation to : ss
i . . than production by which such drugs or substances may \,,
- : substances;
st 7
(ii) refining of such drugs oF Pgsehiads aiid
Gi) transformation of such drugs oF im a Rees oni prescription) wi
(iv) making of preparation (otherwise than in a pharm: cy Prescript With or
containing such drugs or substances;
@ all coca derivatives, medicinal cannabis, opium derivatives and poppy straw
concentrate; i
(ii) 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.
| cannabis or Medici Hemp: It means any extract or tincture of cannabis
(hemp).
ic drug: It means coca leaf, cannabis (hemp), opium, popy straw and includes all
manufactured drugs.
It means—
(the coagulated juice of the opium poppy; and
(ii) 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| Preparations containing more than 0.2 per cent. of morphine or containing any
PY'It means
Of the species Papaver somniferum L; and
of any other species of Papaver from which opium or any phenanthrene
be extracted and which the Central Government may, by notification
Gazette, declare to be opium poppy for the purposes of this Act;
all parts (except the seeds) of the opium poppy after harvesting
form or cut, crushed or powdered and whether or not juice has
It means any substance, natural or synthetic, or any natural
oF preparation of such substance or material included in the list of
specified in the Schedule.
tion to narcotic drugs and psychotropic substances: {t- means
quantity specified by the Central Government by
preventing and combating abuse of and illicit traffic
rs, State Governments and other authorities
force in connection with the enforcement of
countries and relevant international
in the prevention and
substances.
and social reintegrationi PTET
378
4.3 OFFICERS OF CENTRAL GOVERNMENT.
y nt a Narcotics Commissioner and other officers. The Narcotic,
Lae ean Hea through officers perform all functions relating to th,
Commissioner either hi:
ic f opium.
cultivation of the opium poppy and production of opi
4,4 THE NARCOTIC DRUGS AND PSYCHOTROPIE SUBSTANCES
CONSULTATIVE COMMITTEE
The Central Government by notification ip the Official Gazette may constitute an advisory
‘ommittee which is known as "The Narcotic Drugs and Psychotropic Substance,
Consultative Committee”.
The Committee shall consist of a Chairman and such other members (not exceeding twenty)
as may be appointed by the Central Government. i
|. The committee advise the Cent | Govaciaantt inane matters relating to the
administration of this Act as are referred to it by that Governmen;
The Committee have power to regulate its own procedure,
The Committee can take decision regarding manner of filling casual vacancies in the
offices,
The Committee may appoint a person who is not a member of the Committee asa
member of any of its sub-committees, a
neo time.)
ERS OF STA
The State
Government may apj
State C
overnment or any other au
int officers who works in the control and direction of the
thority or officer appointed by State Government.
The Central Government May,
called the National Fund fo;
The fund includes y
an amount which the Central Government ma
after due appropriation made
Parliament by law in this behalf, Provide; og i 2
the sale proceeds of any Property forfeited
in Any gents ah ny Vee Sy i a,
by notification in the Off
icial Gazette, constitute a Fund to be
* Control of Drug Abuse.
oe ——EEE
4 any income from investment of the amounts credited to the Fund under the aforesaid
Provisions. $i
"The Central Government may constitute a Governing, Body to sanction money out of the
es Governing Body shall consist of a Chairman (not below the rank of an
to the Central Government) and such other members not exceeding
:
connection with the measures taken for
traffic in narcotic drugs, psychotropic substances or controlled
of narcotic drugs and psychotropic substances;
lating addicts;
abuse;
such supply is a medical necessity.
TROL AND REGULATION
any portion of coca plant; or
bis plant; or
purchase, transport, warehouse, use, consume,
into India, export from India or tranship
. Except for medical or scientific purposes
by the provisions of this Act or the rules or
s; or
tion of any property
d under this Act or381
ity and
i ment examination and clasifinion, according the eon if
RE rs racet ct crore fa detctons fon OF HET
andard price to be made in accordance with the result of such examinatio’ ;
utivered ly a cultivator, if found ao a result of examination Ee
factory to be adulterated, may be confiscated by the a
As and conditions of licences for the manufacture of man)
by which such licences may be granted and the fees that may be
ufactured
conditions of licences or permits for the manufacture,ESAT
for the cultivation of any
the orders of the StatePrarconc Orugs and Paychotropke Substances Ac 1905 00 Rules oll
The Central Government from time to time, fix the price of opium. The weights and scales
‘used for weighing the opium at the weighment centres and the Govemment Opium Factory
shall be examined by the Deputy Narcotics Commissioner or the General Manager |
JANUFACTURE, SALE AND EXPORT OF OPIUM
Opium shall not be manufactured except by the Central Government Opium Factories
situated at Ghazipur and Neemuch. The export of opftim is prohibited except when the
export is on behalf of the Central Government. The sale of opium to the State Governments
manufacturing chemists shall be only from the Government Opium Factories, located at
Neemuch and Ghazipur under licence and at price fixed by Central Government from time
to time. ~c Substances CCR
—1-2
TENOCYCLIDINE ase ae
THC Tetrahy:
isomers
Alo,
variant
DOB 2, S-dimet
MDA 3, 4-methylened
‘AMPHETAMINE (2)-2-Amino-1-phenylpr.
DEXAMPHETAMINE ()-2-Amino-1-phenylp:
MECLOQUALONE 3-(0-Chlorophenyl)-2-methyl-43H
guinness
METHAMPHETAMINE (+)-2-Methylamino-1-phenylp
METHAQUALONE 2-Methyl-3-0-tolyl-4-(3H)- qui
METHYLPHENIDATE 2Phenyl2@-piperidyl) acetic
methyl ester Ps
PHENCYCLIDINE PCP 1-(-Phenyleyclohexyl) piperidi
PHENMETRAZINE 3Methyl-2-phenylmorpholine
AMOBARBITAL 5-Ethyl-5-(3-methylbutyl) barbituric a
CYCLOBARBITAL 5-(1-Cyclohexen-1-yl)-S-ethylbarbituric
acid i
GLUTETHIMIDE 2-Ethyl-2-phenylglutarimide
PENTAZOCINE
1,2, 3,4, 5, 6Hexahydro-6, 11- dimethyl-
3-3-methyl-2-butenyl)-2, 6- methano-3
benzazocin-8-ol ad
PENTOBARBITAL5 ET EEL
| 2s ‘diazepin-2-one
“HALAZEPAM 7-Chioro-1, 3-dihydro-5-phenyl-1-2, 2, +
trifluoroethyl)-2H-1, 4-benzodiazepin-2-
one
HALOXAZOLAM
10-Bromo-11b-(o-fluorophenyl)-2, 3, 7,
11b-tetrahydrooxazolo (3, 2d) [1 4]
benzodiazepine-6, (5H)-one
KETAZOLAM ns
11-Chioro-8, 12b-dihydro-2, 8- dimethyl-
12b-phenyl-4H-{1, 3}- oxazino-{3, 2-dl [1,
ca 4] benzodiazepine-4, 7(6H)-dione
= , rote __| SPA (—)-1-dimethylamino-1, 2diphenylethane
rer 6(o-Chlorophenyl)-2, 4-dihydro-2- [4