Session 2
Narcotic Drugs and Psychotropic
Substances Act, 1985
Contents of This Chapter
• The NDPS consultative committee
• Prohibition, control and regulation by Central Government
• Prohibition, control and regulation by State Government
• Offences and Penalties
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Intended Learning Outcomes
• At the end of this lecture, student will be able to
– Describe the Consultative Commitee of Narcotic Drugs and
psychotropic substances ACT, 1985
– Illustrate prohibition, control and regulation of Narcotic
Drugs and psychotropic substances ACT, 1985
– Explain the offences and penalties in connection with
Narcotic Drugs and psychotropic substances ACT, 1985
–
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Licensed cultivation, production and sale of Opium
• Legal cultivation of opium for medicinal purposes is carried
out in India, only in selected areas, under a license granted for
the purpose
• Legal cultivation for medical use is permissible within the
ambit of United Nations, Single Convention on Narcotic Drugs
1961
• Some place where opium is grown are Chittourgarh
in Rajasthan; Mandsaur, Ratlam, Neemuch in Madhya
Pradesh; and Barabanki, Bareilly, Lucknow & Faizabad in Uttar
Pradesh.
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Licensed cultivation, production and sale of Opium
A. Cultivation of Opium poppy
• Each year the Central Government notifies the selected tracts
where such cultivation will be permitted, and the general
conditions for eligibility of the licence.
• The essential condition for issue of licence is, fulfillment of
minimum qualifying yield (MQY) criterion,
specified in number of kilogrammes per hectare
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Licensed cultivation, production and sale of Opium
A. Cultivation of Opium poppy
• Cultivators who have tendered at least this quantity in the
previous year are eligible for licence
• The licence among other conditions, specifies the maximum
area in which the opium crop can be sown
• The crop year starts from 1 September and ends on 30
October each year.
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Licensed cultivation, production and sale of Opium
A. Cultivation of Opium poppy
• Officers of CBN (CENTRAL BOARD OF NARCOTICS)
measure each field and exercise controls to ensure that no
excess cultivation takes place
• The licenses are granted by the District Opium officers (DPO)
• The licenses granted by DPO can be cancelled or withdrawn
by higher officers
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Licensed cultivation, production and sale of Opium
A. Cultivation of Opium poppy contd….
• The DPO will designate one of the licensed cultivators as
Lambardars who may discharge duties as specified by the
Narcotics Commissioner
• If any opium is cultivated without license or under a cancelled
license, the crop will be destroyed
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Licensed cultivation, production and sale of Opium
A. Cultivation of Opium poppy contd….
• The extraction of opium takes place during the months of
February and March
• Farmers still use the traditional method where they lance each
poppy capsule manually with a special blade like tool, a process
known as lancing
• The lancing is done in late afternoon or evenings.
• The opium latex which oozes out and congeals in the night is
scraped and collected manually the next morning
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• Each poppy capsule is given three to four lancings.
Licensed cultivation, production and sale of Opium
B. Production of Opium
• Cultivators during harvesting should take each days
collection to the Lambardar for weighing and entry in records
• The records are jointly attested each day by the Lambradar
and the cultivator
• These records may be checked during inspections
• Any discrepancy between quantity produced and quantity
entered, could lead to an enquiry and lead to punishment
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Licensed cultivation, production and sale of Opium
• All opium produced has to be delivered to the DPO who
will weigh, examine and classify the same
• A cultivator who is dissatisfied with the classification can
have the opium forwarded to the Government Opium and
Alkaloid factory where it will be classified by the factory’s
general manager
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Licensed cultivation, production and sale of Opium
• If the DPO suspects that any opium sent to him is
adulterated, he may collect the samples, seal it in the
presence of the Lambardar and the cultivator and send it
seperately to the government factory for analysis
• Adulterated opium is liable for confiscation after giving a
hearing to the cultivator
• The price of the opium is fixed from time to time by the
central government
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Licensed cultivation, production and sale of Opium
C. Manufacture of opium
• Only central govt. can manufacture opium at its two factories
at Ghazipur and Neemuch
D. Sale of opium
• Sale of opium to the state government or manufacturing
chemists can be made only from the factory at Ghazipur
• Manufacturing chemists should obtain a permit from State
govt. – three copies of which are sent to the opium factory
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Manufacture of manufactured drugs and psychotropic
substance
• Manufacture should be conducted in accordance with a
license granted by the Narcotics Commissioner or any
other officer authorized by the central govt.
• License will be issued only to those persons holding
license for the manufacture of drugs under the Drugs
and Cosmetics Act 1940
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Manufacture of manufactured drugs and psychotropic
substance
• A security deposit of Rs. 10,000 should be paid
• The quantities manufactured cannot exceed the limits
permitted by the licensing authority
• The licensee also has to ensure adequate security in the
premises
• 15 days notice should be to the govt. before
commencement of manufacture and one month notice
before cessation
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Manufacture of manufactured drugs and psychotropic
substance
• True accounts of all transactions should be maintained
and returns submitted to the Narcotics commissioner
• Sale and distribution has to be done in accordance with
the rules made by the state government
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The Narcotic Drugs and Psychotropic Substances
Consultative Committee
• The Central Government may constitute and advisory
committee to advice it on matters related to the act
• The committee shall consists of a Chairman and such other
members, not exceeding twenty
• It shall meet when required to do so by the Central
Government and shall have the power to regulate its own
procedure
• The committee may constitute sub-committee/s for the
efficient discharge of functions, and may appoint new
members
• All rules pertaining to the committee are made by the Central
Government
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The Narcotic Drugs and Psychotropic Substances
Consultative Committee
• The members of the Committee shall be appointed by the
Central Government
• No member shall be appointed to the Committee unless he or
she is willing to serve on it
• Casual vacancies in the Committee, caused due to resignation or
otherwise of non-official members, shall be filled from amongst
persons of eminence possessing expertise and background in
the field of drug abuse prevention; but shall, as far as possible,
be sponsored by the Ministries concerned of the Government of
Jammu and Kashmir.www.DuloMix.com 18
The Narcotic Drugs and Psychotropic Substances
Consultative Committee
• The term of official members of the Committee shall be ex –
officio
• The term of non-official members of the Committee shall,
unless extended or otherwise, be for a period of three
years.
• The period of extension shall not be for more than a year at a
time, subject, however, to a maximum of 2 years.
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The Narcotic Drugs and Psychotropic Substances
Consultative Committee
• The Minister for Finance or Minister of State in the Ministry of
Finance (in-charge of Department of Revenue) shall be the
Chairman of the Committee
• If the Chairman is, for any reason, unable to act, the
Committee shall choose any other member to act as
Chairman for that sitting
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The Narcotic Drugs and Psychotropic Substances
Consultative Committee
• The Committee may appoint Sub-Committees-whether
generally or for consideration of any particular matter.
• The Sub-Committees, to be appointed for the purpose, shall
be as follows:
(a) a Sub-Committee, to be headed by Secretary in the
Department of Revenue for looking into the various aspects of
enforcement, and
(b) a Sub-Committee, to be headed by Secretary in the
Ministry of Health and Family Welfare for looking into the
various aspects of deaddiction treatment, rehabilitation,
social reintegration of drug addicts and other connected
matters
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The Narcotic Drugs and Psychotropic Substances
Consultative Committee
• The Sub-Committees shall be assisted by the Director General,
Narcotic Control Bureau and the Medical Superintendent
Safdarjung Hospital, New Delhi, who shall act as Member-
Secretaries of the respective Committees
• The Committee may, if it deems necessary so to do for the
efficient discharge of any of its functions, constitute more
sub-committees for the purpose, and may appoint to any such
subcommittee, any person (including a nonofficial) who is not
a member of the Committee.
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Prohibition, Control and Regulation
• The following operations are prohibited under the NDPS Act
– Cultivation of any coca plant or gathering of any portion of
coca plant
– Cultivation of opium poppy or any cannabis plant
– Production, manufacture, possession, sale, purchase,
transportation, warehousing, consumption, import, export,
etc. of any NDPS substances
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Prohibition, Control and Regulation- Power of
Central government
1.The Central government may, by rules, permit and regulate:
– The cultivation of or gathering of any portion of coca plant, or
the production, possession, sale, purchase, transport, import,
export, use or consumption of cocoa leaves
– The cultivation of opium poppy
– The production and manufacture of the opium and
production of poppy straw
– Cultivation of cannabis plant for industrial purpose
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Prohibition, Control and Regulation- Power of
Central government
-The sale of opium and opium derivatives from the Central
Government factories for the export from India or sale to the
State Government or to manufacturing chemists
– The manufacture, possession, transport, import, import inter-
state, export, sale, purchase, consumption or use of
Psychotropic substances
– The import into India and export from India and transhipment
of Narcotic drugs and Psychotropic substances
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Prohibition, Control and Regulation- Power of
Central government
2. The central government may by rules, prescribe any other
matter required to render effective the control of the Central
Government over any of the matter specified above
– The central government may permit, with or without
conditions, and on its behalf, the cultivation of any coca plant or
gathering of any portion thereof or the production, possession,
sale, purchase, transport, import inter state, export inter stae, or
import into India of coca leaves for use in the preparation of
flavouring agents www.DuloMix.com 26
Prohibition, Control and Regulation- Power of
State Government
1. The state Government may by rules permit or regulate ;
– The possession, transport, import inter-state, export inter-
state, warehousing, sale, purchase, consumption and use of
poppy straw
– The possession, transport, import inter inter-state, export
inter-state, warehousing, sale, purchase, consumption and use
of opium
– The cultivation of any cannabis plant, production,
manufacture, possession, transport, import inter inter-state,
export inter-state, sale, purchase, consumption and use of
cannabis
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Prohibition, Control and Regulation- Power of
State Government
– The manufacture of medicinal opium or any preparation
containing any manufactured drug from materials which the
maker is lawfully entitled to possess
– The possession, transport, purchase, sale, import inert-state,
export inert-state, use or consumption of manufactured drugs
other then prepared opium and of coca leaf and any preparation
containing any manufactured drug
– the manufacture and possession of prepared opium lawfully
possessed by an addict registered with the State Government on
medical advice for his personal consumption
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Offences and Penalties
• Offences punishable with rigorous imprisonment for 10 to 20
years and a fine of not less than one lakh rupees on first
conviction and with rigorous imprisonment for 15 to 30
years and a fine of not less than two lakh rupees on second
and subsequent conviction :
a) Contravention of provisions of the act or rules
b) Embezzlement of opium by cultivator
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Offences and Penalties
c) Illegal import to India, export from India or transhipment of
narcotic drugs and psychotropic substances
d)External dealings in narcotic drugs and psychotropic
substances
e) Allowing use of premises, conveyance etc., for commission of
an offence under the Act
f) Financing illicit traffic and harbouring offenders
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Offences and Penalties
• Death penalty for certain offences after previous conviction :
– If any person who has been convicted of the commission of, or
attempt to commit, or abetment of, or criminal conspiracy to
commit, any of the offences listed above, is subsequently
convicted of similar offences with respect to the narcotic drugs
or psychotropic substances specified and which is equal to or
more than the quantity specified in this behalf, shall be awarded
death penalty
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Offences and Penalties
• Offences punishable with rigorous imprisonment upto 5
years and fine upto 50,000 rupees on first conviction and
with rigorous imprisonment upto 10 years and fine upto 1
lakh rupees on second and subsequent conviction
a)Contravention of the provisions in the Act or Rules in respect
of cannabis plant and cannabis related to ganja
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Offences and Penalties
• Offences by licenses or their employees punishable with
imprisonment upto 5 years or fine or both:
a) Failure without any reasonable cause, to maintain accounts
or to submit any return in accordance with the provisions
of this Act
b) Failure to produce, without any reasonable cause, licence,
permit or authorisation on demand by an authorised person
c) Keeping of false accounts or making of false statements
d) Wilful and deliberate indulgence in breach any of the
conditions of licence, permit or authorisation for which no
penalty has been provided elsewhere in the Act
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Offences and Penalties
• Offences punishable with imprisonment upto 1 year or fine
or both
– Illegal possession in small quantities for personal consumption
or consumption of cocaine, morphine, diacetyl morphine or any
other narcotic drug or psychotropic substances specified in this
behalf
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Offences and Penalties
• Offences punishable with imprisonment upto 6 months or
fine or both
– Illegal possession in small quantities for personal consumption
or consumption of substances other than those mentioned
above
– Offences for which no penalty is provided separately in the
Act
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Offences and Penalties
• Punishment for attempt to commit offence
– Same as that of commitment of the offence itself
• Punishment for abetment of criminal conspiracy
– Same as that of commitment of the offence itself
• Punishment for preparation of an offence but where
circumstances have prevented the commitment of the
offence itself
– Half of that for the commitment of the offence itself
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Offences and Penalties
• Punishment of offences by companies
– The court have been empowered to impose a fine higher than
the maximum provided under the Act
– The reason for imposing such a fine has to be recorded in the
judgement
– Persons who are convicted outside India for similar offences
are liable to enhanced punishment for subsequent offences of
the same kind in India
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Summary
• The Central Government may constitute and advisory
committee to advice it on matters related to the act
• The committee shall consists of a Chairman and such other
members, not exceeding twenty
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Summary
• The following operations are prohibited under the NDPS Act
– Cultivation of any coca plant or gathering of any portion of
coca plant
– Cultivation of opium poppy or any cannabis plant
– Production, manufacture, possession, sale, purchase,
transportation, warehousing, consumption, import, export,
etc. of any NDPS substances