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
• The NDPS consultative committee
• Prohibition, control and regulation by Central Government
• Prohibition, control and
regulation by State Government
• Offences and Penalties
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
–
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
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
• 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
• 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
• Narcotic Drugs and Psychotropic
Substances Act is popular as NDPS
Act
• It was passed to tackle an important social
problem: drug trafficking
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
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
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
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
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 above activities
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
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
–
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
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
Opium
–
The
coagulated juice of opium poppy
–
Any
mixture, with or without any neutral material, of the coagulated juice of the
opium poppy
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
Poppy
Straw Concentrate means the material arising when poppy straw has entered into a process
for the concentration of its alkaloids
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
–
Prepared
opium, that is any product of opium designed to transform opium into extract
suitable for smoking and other residue remaining after smoking
–
Phenanthrene
alkaloids, namely morphine, codeine, thebaine and their salts
–
Diacetylmorphine,
the alkaloid also known as dia-morphine or heroin and its salts
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
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.
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
• 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.
• 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
• 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
• 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
• Each poppy capsule is given three to four
lancings.
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
• 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
• 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
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
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
• 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
• 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
Administration of NDPS act
- Narcotics
Comissioner - The
Narcotic Drugs and Psychotropic Substances Consultative Committee - Deaddiction
centres
The Narcotic Drugs and Psychotropic
Substances Consultative Committee
• The
Central Government may constitute and advisory committee to advise 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
• 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.
• 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.
• 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
• 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
• 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.
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
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
–
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
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 interstate, export
inter stae, or import into India of coca
leaves for use in the preparation of flavouring agents
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
–
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 than 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
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
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
• 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
• 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
• 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
• 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
• 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
• 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
• 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
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
• 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 therefrom
• The
Central Government may constitute and advisory committee to advise it on
matters related to the act
• The
committee shall consists of a Chairman and such other members, not exceeding
twenty
• 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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