NARCOTIC AND PSYCHOTROPIC SUBSTANCES ACT, 1985

NDPS ACT IN BRIEF

1. NDPS ACT, 1985 NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT Ms.FATHIMATH RAIHANA ASSISTANT PROFESSOR P A COLLEGE OF PHARMACY

2. An act of parliament of India that prohibits a person to manufacture, possess, sell, purchase, transport, store or consume any narcotic substances. Opium act of 1857 1878 Opium and revenue act 1950 1985

3. OBJECTIVES To consolidate or bind together and amend law relating to narcotic drugs. To make stringent or strict provision for the control and regulation of operations. To provide licensing system for both central and state governments to regulate the manufacture, cultivation, import, export inter-state traffic, transportation, sale, possession of narcotic drugs.

4. DEFINITIONS Addict : a person who has dependence or habitual to regular use of any narcotic drugs. Cannabis (hemp) : Charas : resin in crude or purified form, obtained from cannabis plant and includes conc. Preparation and resin called hashish oil or liquid preparation. Ganja : flowering or fruiting top Any mixture Cannabis plant - any plant of genus cannabis.

5. Charas Ganja

6. Coca derivative : Crude cocaine - any extract of coca leaf Ecgonine C ocaine , i.e, methyl ester of benzoyl-ecgonine and its salt All preparations containing more than 0.1% of cocaine. Coca leaf : Leaf of coca plant with or without neutral material but does not include any preparation containing not more than 0.1% cocaine. Coca plant : any plant of genus erythroxylon.

7. Erythroxylum coca

8. Manufacture : All processes other than by drugs or substances can be obtained. Refining of such drugs or substances. Transformation Making of preparation . Manufactured drug : All coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate. Any narcotic substance which the central government regards to its available information of nature or decision as manufactured drug.

9. Opium : Coagulated juice of opium poppy Any mixture with or without neutral material of coagulated juice of opium poppy but not preparation containing not more than 0.2% morphine. Opium derivatives : Medicinal opium which has undergone processes as per IP Or any Pharmacopoeia. Prepared opium, obtained after series of operations, transform opium into an extract suitable for smoking and the residue remaining after smoking. Phenanthrene alkaloid: morphine, codeine, thebaine and salts. All preparation containing more than 0.2% of morphine or diacetylmorphine.

10. Opium poppy : the plant of species Papaver somniferum

11. Poppy straw : All parts except seeds of Opium poppy after harvesting in the original form or crushed form and whether or not juice has been extracted. Poppy straw concentrate : The material arising when poppy straw has entered into a process of concentration of alkaloids.

12. Illicit traffic : Cultivating any coca plant or gathering any portion Cultivating opium poppy or cannabis plant. Engaging in production, manufacture, possession, sale, purchase, transporting, warehousing, use, import inter-state, export inter-state of narcotic substances. Dealing in any activities of narcotic drugs. Handling or letting out any premises for carrying of activities.

13. AUTHORITIES AND OFFICERS : Measure for preventing and combating abuse of narcotic drugs and illicit traffic : (Central government) Coordination of actions by various officers, state governments and other authorities enforce this act. Obligations under the International conventions. Assistance to the concerned authorities in foreign and International organizations to prevent from illicit traffic of narcotic drugs. Identification, treatment, education, aftercare, rehabilitation and social re-interaction of addicts. Effective implementation of this act.

14. Officers of Central Government : NARCOTIC COMMISSIONER : The Central govt appoint. Functions performed by him : The supervision of cultivation of opium poppy Production of opium poppy Other functions given by central govt.

15. NARCOTIC DRUG AND PSYCHOTROPIC SUBSTANCES CONSULTATIVE COMMITTEE : They are an advisory committee. This committee consist of : Chairman and other members not exceeding 20 appointed by Central govt. There may be sub-committees.

16. NATIONAL FUND FOR CONTROL OF DRUG ABUSE : The central govt by notification in the official gazette, constitute a fund called National fund for control of drug abuse and shall be credited therein to : An amount the central govt after due made by parliament by law provide The sale proceeds of any property under chapter VA. Any grants that may be made by any person or institution. Any income from investment of the amounts credited to the fund. The governing body shall consist of a chairman and other members not exceeding 6 as the central govt may appoint. The governing body shall have the power to regulate its own procedure.

17. 4. Annual report of activities financed under the fund : The central govt, after the end of financial year publishes in the official gazette, a report giving an account of the activities financed under the previous section during financial year together with statement accounts. 5. The fund shall be applied by the central govt to meet the expenditure involved in : Combating illicit traffic Controlling abuse Identifying, treating, rehabilitating addicts Preventing drug abuse Supply of drugs to addicts

18. PROHIBITION, CONTROL AND REGULATION : Prohibition ( as per section 8) : No person shall : Cultivate any coca plant or gather any portion Cultivate the opium poppy or cannabis Produce, manufacture, possess, sell, purchase, import, export,......except for medical and scientific purposes as per the act.

19. 2. Power of Central government to permit, control and regulate : Permission and regulation of certain operations by central govt regulate : The cultivation or gathering of coca plant and the production, sale, import inter-state…..or consumption of leaves. Cultivation of opium poppy. Production and manufacture of opium poppy Sale from central govt factories for export from India or sale to state govt or to chemist. Import into India and export and trans-shipment.

20. Control on certain operations by central govt : Govt shall fix from time to time the limits within which licenses may be given for cultivation of opium poppy. All opium, the product of land cultivated should be delivered by the cultivators to the officers authorised by central govt. Central govt may fix time to time fix the price to be paid to the cultivators for the opium delivered. The rules may prescribe the forms and conditions of licenses or permits for the manufacture, possession, transport…. The rules may also prescribe the authorities granted and fees charged. The rules may prescribe the forms and conditions of licenses for cultivation of opium. May provide for the weighed, examined, classified according to quality by central govt in the presence of cultivator.

21. May provide for weighment, examination and classification according to quality and consistency of opium received at the factory. If found adulterated by cultivator, will take away his possession. Power of state govt to permit, control and regulate : Possession, transport, warehousing,..... of poppy straw. Cultivation of cannabis plant Manufacture of medicinal opium Possession , purchase, sale of manufactured drugs. The manufacture and possession of prepared opium from opium possessed by an addict registered with state govt on medical advice for his personal consumption.

22. Control of operations by state govt : Provide that the state govt shall fix from time to time the limits licenses may be given for the cultivation. Make provision that only licensed cultivators can engage All cannabis produced should be delivered to the officers of state govt. Empower the state govt to fix from time to pay for cultivator. Prescribe forms and conditions.

23. CULTIVATION, PRODUCTION, MANUFACTURE, SALE OF OPIUM POPPY CULTIVATION : Opium can be cultivated on a license granted by Central Govt. License can also issued locally by district opium officer for cultivation of specified area and plots. District opium officer appoints a licensed cultivator as Lambardar, who does the duty given by the narcotic commissioner.

24. PRODUCTION OF OPIUM : Cultivators harvest the crop and each day’s collection is weighed and entry in records in presence of Lambardar. Produced opium is delivered to district opium officer, who will examine and classify according to grades. If cultivator is dissatisfied by classification, then it will be forwarded to govt factory where again classified by general manager govt opium factory.

25. If the district opium officer find any adulteration in opium delivered, he will send it to the govt separately. MANUFACTURE OF OPIUM : It is done in two areas : by central govt factories : Ghazipur and Neemuch Permitted person can be manufactured according to rules for preparing opium mixtures.

26. SALE : Only central govt can sell opium to state govt or manufacturing chemist. Manufacturing chemist require permission from concerned state govt. Amount fixed by central govt.

27. If opium cultivated under a license is cancelled, the crop may be destroyed. Adulterated opium is liable to confiscation. Cultivators aggrieved by the withdrawal of license - can appeal to the narcotic commissioner. Cultivators aggrieved by the decision of general manager (eg. regarding grades of opium) may appeal to the chief controller of factories.