Taxmann's Narcotic Drugs and Psychotropic Substances Act 1985 with Rules

Page 1


Application of Act.

2. (1) This Act applies—

(

a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;

(

b) to any person who is a Buddhist, Jaina or Sikh by religion; and

*Dated 18-5-1955.

†The Act has been extended to Union Territory of Dadra and Nagar Haveli by the Dadra and Nagar Haveli (Laws) Regulation, 1963, w.e.f. 1-7-1965, and Pondicherry by the Pondicherry (Laws)

© Taxmann Price : ` 395

Published by : Taxmann Publications (P.) Ltd.

Sales & Marketing : 59/32, New Rohtak Road, New Delhi-110 005 India

Phone : +91-11-45562222

Website : www.taxmann.com

E-mail : sales@taxmann.com

Regd. Office :

21/35, West Punjabi Bagh, New Delhi-110 026 India

Printed at :

Tan Prints (India) Pvt. Ltd.

44 Km. Mile Stone, National Highway, Rohtak Road Village Rohad, Distt. Jhajjar (Haryana) India

E-mail : sales@tanprints.com

Disclaimer

Every effort has been made to avoid errors or omissions in this publication. In spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition. It is notified that neither the publisher nor the author or seller will be responsible for any damage or loss of action to any one, of any kind, in any manner, therefrom. It is suggested that to avoid any doubt the reader should cross-check all the facts, law and contents of the publication with original Government publication or notifications. No part of this book may be reproduced or copied in any form or by any means [graphic, electronic or mechanical, including photocopying, recording, taping, or information retrieval systems] or reproduced on any disc, tape, perforated media or other information storage device, etc., without the written permission of the publishers. Breach of this condition is liable for legal action.

For binding mistake, misprints or for missing pages, etc., the publisher’s liability is limited to replacement within seven days of purchase by similar edition. All expenses in this connection are to be borne by the purchaser. All disputes are subject to Delhi jurisdiction only.

CHAPTER III

PROHIBITION, CONTROL AND REGULATION

8. Prohibition of certain operations 11

8A. Prohibition of certain activities relating to property derived from offence 12

9. Power of Central Government to permit, control and regulate 12

9A. Power to control and regulate controlled substances 14

10. Power of State Government to permit, control and regulate 15

11. Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment 16

12. Restrictions over external dealings in narcotic drugs and psychotropic substances 17

13. Special provisions relating to coca plant and coca leaves for use in the preparation of avouring agent 17

14. Social provision relation to cannabis 17

CHAPTER IV

OFFENCES AND PENALTIES

15. Punishment for contravention in relation to poppy straw 17

16. Punishment for contravention in relation to coca plant and coca leaves 20

17. Punishment for contravention in relation to prepared opium 21

18. Punishment for contravention in relation to opium poppy and opium 22

19. Punishment for embezzlement of opium by cultivator 24

20. Punishment for contravention in relation to cannabis plant and cannabis 25

21. Punishment for contravention in relation to manufactured drugs and preparations 28

22. Punishment for contravention in relation to psychotropic substances 31

23. Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances 33

24. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12 33

25. Punishment for allowing premises, etc., to be used for commission of an offence 34

25A. Punishment for contravention of orders made under section 9A 34

26. Punishment for certain acts by licensee or his servants 35

27. Punishment for consumption of any narcotic drug or psychotropic substance

27A. Punishment for nancing illicit traf c and harbouring offenders

27B. Punishment for contravention of section 8A

28. Punishment for attempts to commit offences

29. Punishment for abetment and criminal conspiracy

30. Preparation

31. Enhanced punishment for offences after previous conviction

31A. Death penalty for certain offences after previous conviction

32. Punishment for offence for which no punishment is provided

32A. No suspension, remission or commutation in any sentence awarded under this Act

32B. Factors to be taken into account for imposing higher than the minimum punishment

33. Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958

34. Security for abstaining from commission of offence

Power of court to publish names, place of business, etc., of certain offenders

CHAPTER V PROCEDURE

41. Power to issue warrant and authorization

42. Power of entry, search, seizure and arrest without warrant or authorization

43. Power of seizure and arrest in public place

44. Power of entry, search, seizure and arrest in offences relating to coca plant, opium, poppy and cannabis plant

45. Procedure where seizure of goods liable to con scation not practicable 54

46. Duty of land holder to give information of illegal cultivation 54

47. Duty of certain of cers to give information of illegal cultivation 54

48. Power of attachment of crop illegally cultivated 54

49. Power to stop and search conveyance 54

50. Conditions under which search of persons shall be conducted 55

50A. Power to undertake controlled delivery 55

51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures 56

52. Disposal of persons arrested and articles seized 56

52A. Disposal of seized narcotic drugs and psychotropic substances 56

53. Power to invest of cers of certain departments with powers of an of cer-in-charge of a police station.

53A. Relevancy of statements under certain circumstances 58

54. Presumption from possession of illicit articles 58

55. Police to take charge of articles seized and delivered 59

56. Obligation of of cers to assist each other 59

57. Report of arrest and seizure 59

57A. Report of seizure of property of the person arrested by the noti ed of cer 59

58. Punishment for vexatious entry, search, seizure or arrest 59

59. Failure of of cer in duty or his connivance at the contravention of the provisions of this Act 60

60. Liability of illicit drugs, substances, plants, articles and conveyances to con scation 60

61. Con scation of goods used for concealing illicit drugs or substances 61

62. Con scation of sale proceeds of illicit drugs or substances 61

63. Procedure in making con scations 61

64. Power to tender immunity from prosecution 62

64A. Immunity from prosecution to addicts volunteering for treatment 62

65. [ Omitted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988, w.e.f. 29-5-1989] 63

66. Presumption as to documents in certain cases 63

67. Power to call for information, etc. 64

68. Information as to commission of offences 64

CHAPTER VA

68A. Application

68C. Prohibition of holding illegally acquired property

68D. Competent authority

68E. Identifying illegally acquired property

68F. Seizure or freezing of illegally acquired property

68G. Management of properties seized or forfeited under this Chapter

68H. Notice of forfeiture of property

68-I.

68J.

68K.

68L.

68P.

68Q.

68R.

68S.

68T.

68U.

68V.

68W. Findings under other laws not conclusive for proceedings under this

68X. Service of notices and orders

68Y. Punishment for acquiring property in relation to which proceedings have been taken under this Chapter

68Z. Release of property in certain cases

69. Protection of action taken in good faith

70. Central Government and State Government to have regard to International Conventions while making rules

71. Power of government to establish centres for identi cation, treatment, etc., of addicts and for supply of narcotic drugs and psychotropic substances

72. Recovery of sums due to government

73. Bar of jurisdiction

74. Transitional provisions

74A. Power of Central Government to give directions

75. Power to delegate

76. Power of Central Government to make rules

77. Rules and noti cations to be laid before Parliament

78. Power of State Government to make rules

79. Application of the Customs Act, 1962

80. Application of the Drugs and Cosmetics Act, 1940 not barred

81. Saving of State and special laws

82. Repeal and saving

83.

PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988

5. Power to regulate place and conditions of detention

6. Grounds of detention severable

7. Detention orders not to be invalid or inoperative on certain grounds

8. Powers in relation to absconding persons

9. Advisory Boards

10. Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board

11. Maximum period of detention 105

12. Revocation of detention orders 105

13. Temporary release of persons detained 105

14. Protection of action taken in good faith 106

15. Amendment of Act 52 of 1974 106

16. Repeal and saving 106

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES, 1985

CHAPTER I

1. Short title and commencement 109

2. De nitions 109

CHAPTER II POWERS OF OFFICERS

3. Delegation of powers 111

4. Narcotics Commissioner and other of cers to exercise the powers of their subordinates 111

CHAPTER III

OPIUM POPPY CULTIVATION AND PRODUCTION OF OPIUM AND POPPY STRAW

5. Opium poppy cultivation and production of opium or poppy straw 111

6. Fee for grant of licence 111

7. Application for issue of licence for cultivation of opium poppy 112

8. Issue of licence for cultivation of opium poppy 112

9. Licence to specify the area, etc. 112

10. Designating of lambardar 112

CONTENTS

11. Withholding or cancellation of licence

12. Procedure with regard to measurement of land cultivated with opium poppy

13. Procedure with regard to preliminary weighment

14. Delivery of opium produced

15. Opium to be weighed, examined and classi ed

16. Procedure where cultivator is dissatis ed with classi cation of opium

17. Procedure for sending opium suspected to be adulterated

18. Drawing of samples from opium sent to Government Opium Factory under rule 16 or rule 17

19. Fixation of price of opium

20. Provisional payment of price

21. Weighment and examination of the opium at the Government Opium Factory

22. Con scation of adulterated opium

23. Adjudication of con scation of adulterated opium

24. Determination of nal price of opium

25. Adjustment of cultivators’ account and recovery of dues from the cultivators

26. Weights and scales

27. Cultivation of opium poppy for exclusive production of poppy straw

28. Appeals to the Deputy Narcotics Commissioner and Narcotics Commissioner

29. Appeals to the Chief Controller of Factories

30. Procedure for appeal

CHAPTER IIIA

POSSESSION, TRANSPORT, IMPORT INTER-STATE, EXPORT INTER-STATE, WAREHOUSING, SALE, PURCHASE, CONSUMPTION AND USE OF POPPY STRAW PRODUCED FROM OPIUM POPPY FROM WHICH NO JUICE HAS BEEN EXTRACTED THROUGH LANCING

30A. Delivery of opium straw produced

30B. Testing of samples of poppy straw

30C. Provision for dealing with adulterated or inferior poppy straw

30D. Possession of poppy straw

30E. Storage of poppy straw

CONTENTS

30F. Inter-State import and Inter-State export of poppy straw 119

30G. Transport of poppy straw 119

30H. Consumption and use of poppy straw 120

30-I. Disposal of poppy straw 120

30J. Destruction of poppy straw 120

CHAPTER IV

MANUFACTURE, SALE AND EXPORT OF OPIUM

31. Manufacture of opium 120

32. Export of opium 120

33. Sale to State Governments or manufacturing chemists 120

33A. Sale of opium derivatives from the Government Opium Factories 121

34. Fixation of sales price of opium 121

CHAPTER V

MANUFACTURED DRUGS

35. General prohibition 121

36. Manufacture of natural manufactured drugs 122

36A. Manufacture of natural manufactured drugs from poppy straw 122

37. Manufacture of synthetic manufactured drugs 123

38. Application for licence 123

39. Commencement of manufacture 124

40. Manufacture only from materials lawfully possessed 124

41. Limits of manufacture 125

42. Security arrangements 125

43. Advance notice for cessation and recommencement of manufacture 125

44. [Omitted by the Narcotic Drugs and Psychotropic Substances (Third Amendment) Rules, 2015, w.e.f. 5-5-2015] 125

45. Possession, sale and distribution 126

45A. Destruction of drugs 126

46. Maintenance of accounts and submission of returns 126

47. Inspection of stocks, etc. 126

48. Suspension and revocation of licence 126

49. Appeal 126

50. Procedure for appeal 127

51. Surrender of licence

52. Disposal of stocks of drugs on cancellation of licence, etc. 127

CHAPTER VA

POSSESSION, TRANSPORT, IMPORT INTER-STATE, EXPORT INTER-STATE, SALE, PURCHASE, CONSUMPTION AND USE OF ESSENTIAL NARCOTIC DRUGS

52A. Possession of essential narcotic drug 127

52B. Provisions regarding licenced dealer and licenced chemist 129

52C. Import Inter-State and Export-Inter-State of essential narcotic drugs

52D. Transport of essential narcotic drugs

52E. Transmission of essential narcotic drugs by post, courier, rail or road 130

52F. Sale

52G. Registered medical practitioner and conditions relating to their prescriptions

52H. Authorisation and accounts

52-I. Suspension and cancellation of authorisation

52J. Appeal

52K. Procedure for appeal

52L. Surrender of authorisation, etc.

52M. Disposal of stocks of essential narcotic drugs on expiry, surrender, cancellation of authorisation, etc.

CHAPTER VB

SPECIAL PROVISIONS RELATING TO RECOGNISED MEDICAL INSTITUTION

52N. Government, etc. hospital, dispensary to be deemed recognised medical institution

52-O. Recognition of medical institutions

52P. Suspension and Cancellation of recognition

52Q. Designated medical practitioner

52R. Duties of designated medical practitioner

52S. Surrender of recognition

52T. Estimates of requirement

CONTENTS

52U. Possession of essential narcotic drug by recognised medical institution

52V. Miscellaneous

52W. Home care treatment

52X. Maintenance of records

52Y. Inspection of stocks

52Z. Appeal

52ZA. Procedure for appeal

CHAPTER VI

IMPORT, EXPORT AND TRANSHIPMENT OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

53. General prohibition

53A. [Omitted by the Narcotic Drugs and Psychotropic Substances (Second Amendments) Rules, 2015, w.e.f. 25-3-2015]

54. Import of opium, etc.

55. Application for import certi cate

56. Issue of import certi cate

57. Transit

58. Application for export authorisation

59. Issue of export authorisation

60. Transhipment

61. Procedure for transhipment

62. Diversion of consignment

63. Prohibition of import and export of consignments through a post of ce box, etc. 143

CHAPTER VII

PSYCHOTROPIC SUBSTANCES

64. Manufacture of psychotropic substances

65. Registration and submission of returns

65A. Sale, purchase, consumption or use of psychotropic substances

66. Possession, etc. of psychotropic substances 145

67. Transport of psychotropic substance 146

CHAPTER VIIA

SPECIAL PROVISIONS REGARDING MANUFACTURE, POSSESSION, TRANSPORT, IMPORT-EXPORT, PURCHASE AND CONSUMPTION OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES FOR MEDICAL, SCIENTIFIC AND TRAINING PURPOSES

67A. Special provisions for medical and scienti c purposes

67B.

CHAPTER VIIB

REPORTS, RETURNS AND ESTIMATES UNDER INTERNATIONAL CONVENTIONS

67D. Submission of reports and returns under international conventions

67E. Estimates and quotas

CHAPTER VIII

Repeal and saving

I

SCHEDULE II : [ Omitted by the Narcotic Drugs and Psychotropic Substances (Second Amendment) Rules, 2015, w.e.f. 25-3-2015]

SCHEDULE III : [ Omitted by the Narcotic Drugs and Psychotropic Substances (Second Amendment) Rules, 2015, w.e.f. 25-3-2015]

FORM NO. 1 : Application for grant of licence for cultivation of opium poppy for production of opium or poppy straw

FORM NO. 2 : Licence to cultivate opium poppy for production of opium extracting juice by lancing the opium poppy

FORM NO. 2A : Licence to cultivate opium poppy for production of poppy straw from opium poppy from which no juice has been extracted through lancing

FORM NO. 2B : Consignment note

FORM NO. 3 : Licence for manufacture of manufactured drugs

FORM NO. 3A :

FORM NO. 3B : Special authorisation for possession of essential narcotic drugs by registered medical practitioner

FORM NO. 3C : Consignment note

FORM NO. 3D : Daily accounts of essential narcotic drugs to be maintained by registered medical practitioner and authorised persons

FORM NO. 3E : Details of the patient

FORM NO. 3F : Application for issue /renewal of certi cate of recognition as recognised medical institution

FORM NO. 3G : Certi cate of recognition

FORM NO. 3H : Daily Accounts of Essential Narcotic Drugs to be maintained by recognised medical institution

FORM NO. 3-I : Annual return of procurement/disbursement of Essential Narcotic Drugs

FORM NO. 3J : Estimate of annual requirement of essential narcotic drugs

FORM NO. 4 : Certi cate of of cial approval of import

FORM NO. 4A : Certi cate of of cial approval of import under the proviso to rule 54

FORM NO. 5 : Authorisation for of cial approval of export 168

FORM NO. 6 : 169

FORM NO. 7 :

FORM NO. 8 : Application/requisition for standard samples of narcotic drugs or psychotropic substances 170

FORM NO. 9 : Annual report to the chief controller of factories on receipt, consumption and balance of samples of narcotic drugs or psychotropic substances

APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (PROCEDURE) RULES, 1989

1. Short title and commencement

2. De nitions

3. Language of the Tribunal

4. Headquarters of the Tribunal, etc.

5. Procedure for ling appeals and petitions 174

6. Procedure for registration of appeals 175

7. Procedure after registration of appeal 176

8. Joint hearing and disposal of appeals

9. Ground which may be taken in appeal

10. Adjournment 177

11. Dismissal of appeal for appellant’s default

12. Effect of death, insolvency, etc. on appeal

13. Remand of case by the Tribunal

14. Production of additional evidence before the Tribunal

15. Hearing of appeals

16. Pronouncement of order

17. Order to be communicated to parties

18. Signing of orders

19. Publication of orders

20. Orders and directions in certain cases

FORM : Memorandum of Appeal

APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (CONDITIONS OF SERVICE OF CHAIRMAN AND MEMBERS) RULES, 1989

1. Short title and commencement

2. De nitions

3. Remuneration, allowances, etc. of the Chairman

4. Remuneration, allowances, etc. of Members

5. Retirement during the term of Member

6. Travelling allowances

7. Leave

8. Vacation

9. Accommodation

10. Medical Attendance

11. Tenure

11A. Contributions of General Provident Fund and Contributory Provident Fund

12. Oath of of ce

13. Terms and Conditions of Service of Chairman and Members who are Chairman and Member of the Appellate Tribunal for Forfeited Property Constituted under SAFEMFOPA

14. Saving

15. Interpretation

FORM : Oath of of ce

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AUTHENTICATION OF DOCUMENTS)

RULES, 1992

1. Short title and commencement 187

2. Authority for authentication and the manner of authentication of documents. 187

NARCOTIC DRUGS

AND PSYCHOTROPIC

SUBSTANCES (EXECUTION OF BOND BY CONVICTS OR ADDICTS) RULES, 1985

1. Short title and commencement 188

2. Forms of bonds to be executed under section 34

3. Form of bond to be executed under section 39 188

FORM I : Bond to abstain from commission of any offence under C hapter IV of the N arcotic D rugs and P sychotropic S ubstances Act, 1985

FORM II : Bond to appear before the court after medical treatment for de-toxi cation/de-addiction and to abstain from commission of any offence under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act, 1985

FORM III : Bond to abstain from the commission of any offence under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act, 1985 for a period to be speci ed by the court and on failure so to abstain, to appear before the court and receive sentence when called upon during such period

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES CONSULTATIVE COMMITTEE

RULES, 1988

CHAPTER I PRELIMINARY

189

189

190

1. Short title and commencement 191

2. De nitions 191

CHAPTER II

GENERAL RULES

3. Appointment of Committee 192

4. Term of Of ce of Committee 192

5. Resignation from Committee 192

6. Chairman of the Committee 192

7. Quorum in the Committee 192

8. Sittings of the Committee 192

9. Venue of sittings 192

10. Discharge of members absent from sittings of Committee 192

11. Filling of vacancies in the Committee 193

12. Decisions in the Committee 193

13. Casting vote of Chairman 193

CHAPTER III

RULE OF PROCEDURE AND CONDUCT OF BUSINESS

14. Power to appoint Sub-Committee 193

15. Strangers to withdraw when Committee deliberates 193

16. Adoption of the Agenda and consideration of representations 194

17. Preparation of Agenda 194

18. Record of decisions 194

19. Report of sub-committee 194

20. Special Report 194

21. Report 195

22. Power to make suggestions on procedure 195

23. Power of Chairman to give direction 195

24. Un nished work of Committee 195

CHAPTER IV

REGULATION OF ALLOWANCES FOR MEETINGS

25. Regulation of Travelling Allowance and Daily Allowance for Members of Parliament 195

26. Payment of daily allowance to Members of Parliament 197

ILLEGALLY ACQUIRED PROPERTY (RECEIPT, MANAGEMENT AND DISPOSAL) RULES, 1989

CHAPTER I

PRELIMINARY

1. Short title and commencement 199

2. De nitions 199

CHAPTER II

ASSISTANCE TO THE ADMINISTRATORS

3. Assistance to the Administrators 200

CHAPTER III

DESIGNATION OF GODOWNS, RECEIPT AND MANAGEMENT OF PROPERTY

4. Designation of godowns

5. Proper accounting of properties

6. Godown register.

7. Godown register for valuables

8. Storage of property

9. Management of land and building 201

10. Occupation of land or building 201

11. Record of land or building 201

12. Storage of property other than valuables 201

13. Placement of Stock-cards 201

14. Opening and re-sealing of the packages 201

15. Maintenance of seized/con scated conveyances 202

CHAPTER IV

DISPOSAL OF PROPERTY

16. Disposal of livestocks, perishables, etc.

17. Disposal of valuables

18. Disposal of currency 202

19. Disposal of other property 202

20. Disposal of land or building 202

21. Disposal of conveyances 203

22. Furnishing Reports and Returns 203

CHAPTER V MISCELLANEOUS

23. Periodical Reports 203

24. Periodical Inspection 203

25. Record of Receipt and Disposal 203

FORM I : Godown register 203

FORM II : Godown register for valuables 204

FORM III : Record for land and building 204

APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (FEES) RULES, 1989

1. Short title and commencement 205

2. Scale of fees for inspection of records and registers of the Appellate Tribunal 205

3. Scale of fees for obtaining certi ed copies of records and registers of the Appellate Tribunal 205

4. Saving 206

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NATIONAL FUND FOR CONTROL OF DRUG ABUSE) RULES, 2006

1. Short title and commencement 207

2. De nitions 207

3. Procedure for remittance of grant to the Fund 208

4. Receipt of money 208

5. Procedure for grant of money from the Fund 208

6. Grant of money from the Fund 208

7. Communication of sanctions 209

8. Accounts and audit 209

9. Publication of annual report and statement of accounts 210

10. Application of the provisions of General Financial Rules, 2005 210

FORM A : Form for application for grant from the national fund for control of drug abuse

FORM B : Format for annual returns to be submitted by the applicant receiving payment out of the national fund for control of drug abuse

ANNEXURE I : Accounting procedure for the “national fund for control of drug abuse”

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (SEIZURE, STORAGE, SAMPLING AND DISPOSAL) RULES, 2022

CHAPTER I PRELIMINARY

1. Short title and commencement

2. De nitions

CHAPTER II

SEIZURE AND STORAGE OF SEIZED MATERIAL

3. Classi cation of seized material 219

4. Designation of godowns 219

5. Deposit in godowns 219

6. Storage of seized material in godown 220

7. Inspection of godown 220

CHAPTER III

SAMPLING

8. Application to Magistrate 220

9. Samples to be drawn in the presence of Magistrate 220

10. Drawing the samples 221

11. Quantity to be drawn for sampling

12. Storage of samples 221

13. Despatch of sample for testing

14. Expeditious Test

15. Duplicate Sample and Remnants of Samples

CHAPTER IV

16. Items that can be disposed of

17. Of cers who shall initiate action for disposal

18. Application to Magistrate

19. Drug Disposal Committee

20. Functions of the Drug Disposal Committee

21. Procedure to be followed by the Drug Disposal Committee with regard to disposal of seized materials

22. Power of Drug Disposal Committee for disposal of seized material 223

23. Mode of disposal

24. Intimation to Head of Department on destruction

25. Certi cate of destruction

26. Receipt by Government Opium and Alkaloid Works

27. Certi cate of Disposal

28. Communication to Narcotics Control Bureau

CHAPTER IV

MISCELLANEOUS

29. Repeal and savings

FORM 1 : Forwarding memorandum to godown by the seizing of cer

FORM 2 : Acknowledgement by of cer-in-charge of a godown

FORM 3 : Register of material received in godown

FORM 4 : Inventory of seized material

FORM 5 : Application for disposal of seized narcotic drugs, psychotropic substances, controlled substances and conveyances under subsection (2) of section 52A of Narcotic Drugs and Psychotropic Substances Act, 1985

FORM 6 : Test memo

FORM 7 : Certi cate of destruction

FORM 8 : Certi cate by government opium and alkaloid works

FORM 9 : Register of receipt of narcotic drug/psychotropic substance/ controlled substance to be maintained by government opium and alkaloid works

FORM 10 : Certi cate of disposal

FORM 11 : Quarterly report to be submitted by the head of department of central drug law enforcement agency/state drug law enforcement agency to the narcotics control bureau

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (REGULATION OF CONTROLLED SUBSTANCES) ORDER, 2013

1. Short title and commencement

2. De nitions

3. Power to include Controlled Substance in Schedules

4. Prohibition of manufacture, trade and commerce, possession and consumption of controlled substance in ‘Schedule A’

5. Surrender of registration

6. Disposal of stocks on surrender of registration

7. Transport of controlled substance in Schedule A

8. Selling of controlled substance in Schedule A

9. Destruction of controlled substance in Schedule A

10. Export of controlled substance in Schedule B

11. Import of controlled substance in Schedule C

12. Labelling of consignment for export or import

13. Repeal and savings

: Area of jurisdiction of a zonal director of narcotics control bureau

FORM A : Registration for manufacture/distribution/sale/purchase/ possession/storage/consumption/offer for sale or distribution or mediate in sale/purchase through website, social media or in any other manner of controlled substances in Schedule A

FORM B : Application for registration for manufacture/distribution/ sale/purchase/possession/storage/consumption/offer for sale or distribution or mediate in sale/purchase through website, social media or in any other manner of controlled substances in Schedule A

FORM C : Register of manufacture of controlled substances in Schedule A

FORM D : Register of consumption, sale, import or export of controlled substance in Schedule A

FORM E : Quarterly return of manufacture of controlled substance in Schedule A

FORM F : Quarterly return of receipt, import, sale, consumption or export of controlled substance

FORM G : Consignment Note

FORM H : Quarterly report on transport of controlled substance to a consignee outside the zone of a consignor

FORM I : Application for destruction of controlled substance in Schedule A

FORM J : Application form for export of controlled substance in Schedule B

FORM K : Application form for import of controlled substance in Schedule C

FORM L : Quarterly return for inquiries hosted/dealt by broker/B2B portals for controlled substances in Schedule A

NOTIFICATIONS

Narcotic Drugs and Psychotropic Substances Act, 1985

[ACT

61 OF 1985]1

An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances 2[, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances] and for matters connected therewith.

BE it enacted by Parliament in the Thirty-sixth year of the Republic of India as follows:—

CHAPTER I PRELIMINARY

Short title, extent and commencement.

1. (1) This Act may be called the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2) It extends to the whole of India 3[and it applies also— (a) to all citizens of India outside India; (b) to all persons on ships and aircrafts registered in India, wherever they may be.]

(3) It shall come into force on such date4 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State.

1. Dated 16-9-1985.

2. Inserted by the Narcotic Drugs Psychotropic Substances (Amendment) Act, 1988, w.e.f. 29-51989.

3. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, w.e.f. 2-10-2001.

4. With effect from 14-11-1985, Vide Notification No. S.O. 821(E), dated 14-11-1985.

S. 2 NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 2

COMMENTS

SECTION NOTES

This Act extends to the whole of India.

This Act also applies also to the following persons—

(a) to all citizens of India outside India;

(b) to all persons on ships and aircrafts registered in India, wherever they may be.

Definitions.

2. In this Act, unless the context otherwise requires,—

5[(i) “addict” means a person who has dependence on any narcotic drug or psychotropic substances;]

(ii) “Board” means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963);

(iii) “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, that is, 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 therefrom;

(iv) “cannabis plant” means any plant of the genus cannabis;

6[(iva) “Central Government factories” means factories owned by the Central Government or factories owned by any company in which the Central Government holds at least fifty-one per cent of the paid-up share capital;]

(v) “coca derivative” means—

(a) crude cocaine, that is, any extract of coca leaf which 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 per cent of cocaine;

5. Substituted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, w.e.f. 2-10-2001. Prior to its substitution, clause (i) read as under:

‘(i) “addict” means a person addicted to any narcotic drug or psychotropic substances;’

6. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014, w.e.f. 1-5-2014.

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 S. 2

(vi) “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 per cent of cocaine;

(vii) “coca plant” means the plant of any species of the genus Erythroxylon;

7[(viia) “commercial quantity”, in relation to Narcotic Drugs and Psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette;

(viib) “controlled delivery” means the technique of allowing illicit or suspect consignments of Narcotic Drugs, Psychotropic Substances, controlled substances or substances substituted for them to pass out of, or through or into the territory of India with the knowledge and under the supervision of an officer empowered in this behalf or duly authorised under section 50A with a view to identifying the persons involved in the commission of an offence under this Act;

(viic) “corresponding law” means any law corresponding to the provisions of this Act;]

8[(viid)] “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, declare to be a controlled substance;]

(viii) “conveyance” means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel;

9[(viiia) “essential narcotic drug” means a narcotic drug notified by the Central Government for medical and scientific use;]

10[11[(viiib)] “illicit traffic”, in relation to narcotic drugs and psychotropic substances means—

(i) cultivating any coca plant or gathering any portion of coca plant;

(ii) cultivating the opium poppy or any cannabis plant;

(iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into

7. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, w.e.f. 2-10-2001.

8. Clause (viia) relettered as clause (viid), ibid

9. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014, w.e.f. 1-5-2014.

10. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988, w.e.f. 29-5-1989.

11. Clause (viiia) relettered as clause (viiib) by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014, w.e.f. 1-5-2014.

S. 2 NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 4

India, export from India or transhipment, of narcotic drugs or psychotropic substances;

(iv) dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in sub-clauses (i) to (iii); or

(v) handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv); other than those permitted under this Act, or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder, and includes—

(1) financing, directly or indirectly, any of the aforementioned activities;

(2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and

(3) harbouring persons engaged in any of the aforementioned activities;]

(ix) “International Convention” means—

(a) the Single Convention on Narcotic Drugs, 1961, adopted by the United Nations Conference at New York in March, 1961;

(b) the Protocol, amending the Convention mentioned in sub-clause (a), adopted by the United Nations Conference at Geneva in March, 1972;

(

c) the Convention on Psychotropic Substances, 1971, adopted by the United Nations Conference at Vienna in February, 1971; and

(d) any other international convention, or protocol or other instrument amending an international convention, relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by India after the commencement of this Act;

(x) “manufacture”, in relation to narcotic drugs or psychotropic substances, includes—

(1) all processes other than production by which such drugs or substances may be obtained;

(2) refining of such drugs or substances;

(3) transformation of such drugs or substances; and

(4) making of preparation (otherwise than in a pharmacy on prescription) with or containing such drugs or substances;

(xi) “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;

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 S. 2

but does not include any 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 not to be a manufactured drug;

(xii) “medicinal cannabis”, that is, medicinal hemp, means any extract or tincture of cannabis (hemp);

(xiii) “Narcotic Commissioner” means the Narcotics Commissioner appointed under section 5;

(xiv) “narcotic drug” means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs;

(xv) “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, but does not include any preparation containing not more than 0.2 per cent of morphine;

(xvi) “opium derivative” means—

(

a) medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other pharmacopoeia notified in 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 obtained 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 dia-morphine or heroin and its salts; and

(e) all preparations containing more than 0.2 per cent of morphine or containing any diacetylmorphine;

(xvii) “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 which the Central Government may, by notification in the Official Gazette, declare to be opium poppy for the purposes of this Act;

(xviii) “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 therefrom;

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985 WITH RULES – BARE ACT WITH SECTION NOTES

AUTHOR : TAXMANN'S EDITORIAL BOARD

PUBLISHER : TAXMANN

DATE OF PUBLICATION : MAY 2025

EDITION : 2025 EDITION

ISBN NO : 9789364556354

NO. OF PAGES : 324

BINDING TYPE : PAPERBACK

DESCRIPTION

Narcotic Drugs and Psychotropic Substances Act 1985 with Rules [Bare Act with Section Notes] by Taxmann consolidates India's key legislation on narcotic drugs and psychotropic substances. It reproduces the entire NDPS Act, relevant Rules, Allied Acts (e.g., Prevention of Illicit Traffic in NDPS Act), and comprehensive directives on licensing, manufacturing, distribution, penalties, forfeiture, and disposal. Section-wise notes and references streamline understanding and ensure practical utility for compliance, litigation, and study.

This book is intended for the following audience:

� Practising Lawyers & Legal Consultants

� Judicial Officers & Law Enforcement

� Government Departments & Authorities

� Students, Researchers & Academicians

� Compliance Officers & Corporate Legal Teams

The Present Publication is the 2025 Edition, covering the amended and updated text of the NDPS Act [Act No. 61 of 1985] and Rules, with the following noteworthy features:

• [Complete Text of the NDPS Act] in a reader-friendly format

• [Pre-amendment Provisions] in footnotes for a historical legal perspective

• [Coverage of Central Rules & Notifications] such as NDPS Rules 1985

� Allied Legislation including Prevention of Illicit Traffic in NDPS Act 1988 and NDPS (Regulation of Controlled Substances) Order 2013

• [Section Notes/Short Commentary] for quick comprehension

• [Forms & Schedules] for practical applications (e.g., licenses, consignment notes)

• [User-friendly Layout] with systematic chapters, indexing, and a comprehensive subject index

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.