Session 1

Narcotic Drugs and Psychotropic
Substances Act, 1985
Contents of This Chapter

• Introduction to NDPS act

• Objective of the NDPS Act

• Legal Definitions of different Narcotic and Psychotropic
substances

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Intended learning outcomes
• At the end of this lecture, student will be able to

– Describe the importance of Narcotic Drugs and
psychotropic substances ACT, 1985

– Illustrate the Objectives of Narcotic Drugs and
psychotropic substances ACT, 1985

– Define the Narcotic and psychotropic substances

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Introduction

•India had no legislation regarding narcotics until 1985.
•Cannabis and its derivatives (marijuana, hashish/charas and
bhang) were legally sold in India until 1985, and their
recreational use was commonplace
• Consumption of cannabis was not seen as socially deviant
behaviour, and was viewed as being similar to the
consumption of alcohol
• Ganja and charas were considered by upper class Indians
as the poor man’s intoxicant, although the rich consumed
bhang during Holi
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Introduction

•The United States began to campaign for a worldwide law
against all drugs, following the adoption of the Single
Convention on Narcotic Drugs in 1961
•However, India opposed the move, and withstood
American pressure to make cannabis illegal for nearly 25
years
• American pressure increased in the 1980s, and in 1985,
the Rajiv Gandhi government succumbed and enacted the
NDPS Act, banning all narcotic drugs in India

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Introduction

•State regulation and community tolerance ceased after the
enactment of the Narcotic Drugs and Psychotropic Substances
Act (NDPS) in 1985, which created a restrictive regime around
drugs
•Clampdown on cannabis and opium in the late 1980‟s
purportedly triggered more dangerous use – chasing and
injecting heroin and other opioids

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Introduction

• Narcotic Drugs and Psychotropic Substances Act is

popular as NDPS Act

• It was passed to tackle an important social problem: drug

trafficking

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Objectives

• To consolidate and amend the existing laws related to
Narcotic Drug

• To make stringent provisions for the control and regulation of
operation

• To enhance the penalties for trafficking offences

• To make provisions for the implementation of International
Conventions relating to NDPS to which India is a party

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Definitions
Cannabis
– Charas, the separated resin, obtained from the cannabis plant,
includes concentrated preparation and resin known as hashish
oil or liquid hashish

– Ganja, the flowering fruiting tops of the cannabis plant,
excludes the seeds and leaves when not accompanied by the
tops

– Any mixture, with or without any neutral material, or any of the
above forms of cannabis or any drink prepared from it

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Definitions continued…

Coca Derivatives

-Crude cocaine, any extract of coca leaf, which can be used for
manufacture of cocaine

-Ecgonine and all derivatives of ecgonine

-Cocaine, i.e, methyl ester of benzonyl-ecgonine and its salts

– All preparations containing more than 0.1% of cocaine

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Definitions continued…

• Controlled substances: 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

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Definitions continued…
Illicit traffic

-Cultivating or gathering any portion of any coca plant

-Cultivating the opium poppy of any cannabis plant

-Engaging in the production, manufacture, possession, sale,
purchase, transportation, warehousing, concealment, use or
consumption, import or export inter-state, import into India ,
export from India or transhipment of NDPS
– Dealing in any activities in NDPS other than those referred
above
– Handling or letting out any premises for carrying out the
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Definitions continued…

Manufacture

-All processes other than production by which such drugs or
substances may be obtained

-Refining of such drugs or substances

-Making or preparation containing such drugs or substances

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Definitions continued…

Manufactured Drugs

– All coca derivatives, medicinal cannabis, opium derivatives
and poppy concentrate

– Any other preparation which the Central Government may by
notification declare to be a manufactured drug

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Definitions continued…

-Medicinal Cannabis or medicinal hemp means any extract or
tincture of cannabis

-Narcotic Drugs means coca leaf, cannabis, opium straw and
includes all manufactured goods

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Definitions continued…

Opium Poppy

-The plant of the species
Papaver somnifera L

-The plant of the any other
species of Papaver from
which opium or any other
phenanthrene alkaloid can
be extracted

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Definitions continued…

Opium

– The coagulated juice of opium poppy

– Any mixture, with or without any neutral material, of the
coagulated juice of the opium poppy

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Definitions continued…

Poppy Straw means all parts of the opium poppy after
harvesting whether in their original or cut, crushed or
powdered and whether or not juice has been extracted
thereform

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Definitions continued…

Poppy Straw Concentrate means the material arising when
poppy straw has entered into a process for the concentration
of its alkaloids

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Definitions continued…

Opium Derivatives

– Medicinal opium, that
is opium which has
undergone the
processes necessary to
adapt it for medicinal
use in powder form or
granulated form

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Definitions continued…

Opium Derivatives

– Prepared opium, that is any product of opium designed to
transform opium into extract suitable for smoking and other
residue remaining after smoking

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Definitions continued…

Opium Derivatives

– Phenanthrene alkaloids, namely morphine, codeine, thebaine
and their salts

– Diacetylmorphine, the alkaloid also known as dia-morphine or
heroin and its salts

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Definitions continued…

Psychotropic Substances means any substance, neutral 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

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Examples of Psychotropic Substances

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Summary

• NDPS Act, as it is known popularly, is meant to face a very
important social problem: drug trafficking
• Charas, the separated resin, obtained from the cannabis plant,
includes concentrated preparation and resin known as
hashish oil or liquid hashish
• Illicit Traffic is engaging in the production, manufacture,
possession, sale, purchase, transportation, warehousing,
concealment, use or consumption, import or export inter-
state, import into India , export from India or transhipment of
NDPS

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Summary

– Medicinal opium, that is opium which has undergone the
processes necessary to adapt it for medicinal use in powder
form or granulated form

– Poppy Straw means all parts of the opium poppy after
harvesting whether in their original or cut, crushed or
powdered and whether or not juice has been extracted
thereform