Narcotic and psychotropic substances act

Narcotic and psychotropic substances act

1. THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT,1985 WITH RULES 1985

2. Contents Introduction and Objective Definitions Authorities and Officers Offences and Penalties

3. Introduction and Object Opium act 1857, Dangerous Drugs Act 1930 was enacted long time ago. Many drawbacks have come to notice in the said acts. Government of India has repealed these old acts and passed “The Narcotic Drugs and Psychotropic Substances Act,1985” The act contains stringent provisions to prohibit, control and regulate the operations relating to NDPS. Provides license for both Central and State Government to regulate the Mfg,cultivation,import,export,tranportation,sale and possession of NDPS.

4. Object The Main object of act is to Consolidate and Amend the law relating to Narcotic drugs to make stringent provision for the control and regulation of operations relating to NDPS. The prevention of Illicit Traffic in NDPS ordinance 1988 was passed to provide detention in certain cases for purpose of prevention of Illicit Traffic in NDPS.

5. Definitions Addict: a person habitual to regular use of any narcotic drug or psychotropic substance is known as Addict. Medicinal cannabis: (Medicinal hemp): It is any extract or tincture of cannabis. Narcotic drug: it means coca leaf, cannabis(hemp),opium, any poppy straw including all mfg drugs. Psychotropic substances: it means any substance natural or synthetic or any salt or preparation such substance or material which is included in the list of psychotropic substances specified in the schedule. Opium: it means the coagulated juice of the opium poppy and its mixture with or without neutral material. Opium poppy: it includes the plant of papaver somniferum and other species of papaver from which opium or any phenanthrene alkaloid can be extracted.

6. Illicit Traffic ( Suppliment to NDPS) The prevention of illicit traffic in NDPS,ordinance,1988. Cultivating any coca plant or gathering any portion of coca plant. Cultivating the opium poppy or any cannabis plant. Engaging in production,mfg,possession,sale,purchase,transportation export, import into of NDPS. Dealing in NDPS. Financing any activity by himself or through any other person in the support of doing any of the aforesaid acts. Harboring persons engaged in any of the activities specified in above.

7. Officers of central Government Under the provision of this act, Central government may appoint Narcotic Commissioner and other officer as it fit.. Narcotic commissioner and other officer may function: 1. the supervision of cultivation of opium poppy. 2. Production of opium. 3. other functions as may be interested to him by CG. The state government may appoint such officers as deemed fit for the purposes of the act.

8. The NDPS consultative committee CG may constitute an advisory committee known as above. Consist of a Chairman and other members not more than 20, as appointed by CG. For efficient functioning of committee may appoint a sub-committee. Committee shall advice CG on the matters relating to the administration of this act.

9. POWERS OF CG TO PERMIT,CONTROL AND REGULATE. 1.Permission and regulation of certain operations by CG. i . the cultivation of coca plant or production,sale,purchase,transport Import inter- state,export inter- state,use or consumption of coca leaves. ii. The cultivation of opium poppy. iii. The production and mfg of opium and poppy straw. iv. The mfg,possession,transport,import,inter-state,export inter- state,sale,purchase,consumption of psychtropic substances. v. the import into India and export from India and trans-shipment of NDPS.

10. 2. Control on Certain Operations by Central Government: i.gov. shall fix the time to time limits within which licenses may be given for the cultivation of opium poppy. ii. All opium which are cultivated shall be delivered to officers authorised on behalf of CG. iii. The CG may fix price on time to time amount that should be paid to cultivators for the opium delivered. iv. The rules may prescribe that opium shall be weighed, examined and classified according to its quality and by the officers authorized in this behalf by the CG in the presence of cultivator at the time of delivery . v. The rules may prescibe the forms and conditions of license for the mfg of mfg drugs, the authorities by which such license may be granted and fees that may be charged thereof. vi. the rules may prescribe the ports and other places at which any kind of NDPS may be imported into India or exported from India or trasnshipped,the forms and conditions of certification, authorization or permits may be granted and the fees that may be charged thereof.

11. vii. The rules require that opium delivered by a cultivator, if found as a result of examination in the CG factory to be adulterated, may be confiscated by the officers authorities in this behalf.

12. Offences and penalties 1. Punishment for contravention in relation to poppy straw : Rigorous imprisonment for not less than ten years which may be extended to twenty years with fine not less than one lakh rupees which may extend to two lakh rupees. 2. Punishment for contravention in relation to Coca plant and leaves : Rigorous imprisonment for not less than ten years which may be extended to twenty years with fine not less than one lakh rupees which may extend to two lakh rupees. 3. Punishment for contravention in relation to prepared opium : Rigorous imprisonment for not less than ten years which may be extended to twenty years with fine not less than one lakh rupees which may extend to two lakh rupees.

13. 4. Punishment for contravention in relation to opium poppy and opium : Rigorous imprisonment for not less than ten years which may be extended to twenty years with fine not less than one lakh rupees which may extend to two lakh rupees. 5. Punishment for contravention in relation to Cannabis plant and cannabis : Rigorous imprisonment for not less than ten years which may be extended to twenty years with fine not less than one lakh rupees which may extend to two lakh rupees. 6. Punishment for contravention in relation to Mfg drugs and preparations : Rigorous imprisonment for not less than ten years which may be extended to twenty years with fine not less than one lakh rupees which may extend to two lakh rupees. 7. Punishment for contravention in relation to Pyschotropic substances : Rigorous imprisonment for not less than ten years which may be extended to twenty years with fine not less than one lakh rupees which may extend to two lakh rupees.