Narcotics drugs Ans Psychotropic substances Act-1985 and Rules.pptx

The Central Acts like Opium Act, 1857, the Opium Act, 1878 and the Dangerous Drugs Act, 1930 were enacted a long time ago.
With the changing circumstances and the developments in the field of illicit drug traffic and drug abuse at national and international level, many drawbacks have come to notice in the said Acts.
There was an urgent need of overcoming these drawbacks. The Government of India has repealed these old Acts and passed "The Narcotic Drugs and Psychotropic Substances Act, 1985" rectifying the deficiencies in the above mentioned old Acts.
This Act, contains the stringent provisions to prohibit, control and regulate the operations relating to Narcotic Drugs and Psychotropic substances.
It also provides licensing system for both Central and State Governments to regulate the manufacture, cultivation, import, export inter-state traffic, transportation, sale and possession etc. of Narcotic Drugs And Psychotropic Substances.

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

2. INTRODUCTION The Central Acts like Opium Act, 1857, the Opium Act, 1878 and the Dangerous Drugs Act, 1930 were enacted a long time ago. With the changing circumstances and the developments in the field of illicit drug traffic and drug abuse at national and international level, many drawbacks have come to notice in the said Acts. There was an urgent need of overcoming these drawbacks. The Government of India has repealed these old Acts and passed "The Narcotic Drugs and Psychotropic Substances Act, 1985" rectifying the deficiencies in the above mentioned old Acts. This Act, contains the stringent provisions to prohibit, control and regulate the operations relating to Narcotic Drugs and Psychotropic substances. It also provides licensing system for both Central and State Governments to regulate the manufacture, cultivation, import, export inter-state traffic, transportation, sale and possession etc. of Narcotic Drugs And Psychotropic Substances.

3. OBJECTIVES The main object of this 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 narcotic drugs and psychotropic substance and for matters connected therewith. The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Ordinance', 1988 was passed to provide detention in certain cases for the purpose of preventing illicit traffic in narcotic drugs and psychotropic substances and combating abuse of such drugs and substances and matters connected therewith.

4. DEFINITIONS Addict: A person habitual to regular use of any narcotic drug or psychotropic substance is known as Addict. 2. Cannabis (Hemp): It includes the following: ( i ) Charas, which is a resin in crude or purified form obtained from the cannabis plant which includes concentrated preparations and, a resin known as hashish oil or liquid hashish. (ii) Ganja, which comprises of flowering or fruiting tops of the cannabis plant (excluding seeds and leaves not accompanied by the tops). (iii) Any mixture with or without any neutral material of ganja or charas or any drink prepared from them.

5. 3. Coca Derivative: It includes : ( i ) Crude cocaine which can be used directly or indirectly for the manufacture of cocaine. (ii) Ecgonine and all its derivatives from which it can be recovered. (iii) Cocaine, which is methyl ester of benzoyl- ecogonine and its salts. (iv) Preparations containing more than 0.1 per cent of cocaine. 4. Coca leaf: It includes: (a) The leaf of coca (Erythroxylon) plant (excluding the leaf from which all ecgonine, cocaine, and any other ecgonine alkaloids have been removed). (b) Any mixture thereof with or without any neutral material and does not include any preparations containing less than 0.1% of cocaine. 5. Manufacture: This term includes: ( i ) All the processes other than production by which narcotic drugs or psychotropic substances may be obtained. (ii) Refining or transformation of such drugs or substances. (iii) Making of preparations containing such drugs or substances.

6. 6. Manufactured drugs: It includes: (a) All coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate; (b) Any other narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision; if any, under any International Convention, by notification in the Official Gazette, declare to be a manufactured drug. 7. Medicinal cannabis: (Medicinal hemp): It is any extract or tincture of cannabis. 8. Narcotic drug: It means coca leaf, cannabis (hemp), opium, and poppy straw including all manufactured drugs. 9. Opium: It means the coagulated juice of the opium poppy and it's mixture with or without neutral material, (excluding the preparations containing less than 0.2 per cent of morphine). 10. Opium derivative: It includes: ( i ) Medicinal opium. (ii) Prepared opium. (iii) Phenanthrene alkaloids such as morphine, codeine, thebaine and their salts. (iv) Diacetyl morphine (heroine and its salts). (v) All preparations containing more than 0.2% of morphine or any amount of diacetyl morphine.

7. Narcotics: The term 'narcotic drug' is defined in the Section 2 (xiv) as - coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs; while generally it means - a drug that in moderate doses dulls the senses, relieves pain, and induces a feeling of elation and profound sleep but in excessive doses causes stupor, coma, or convulsions. Psychotropic Substances The Section 2 (xxiii) defines the term 'psychotropic substance' in its clear definition as - any substance, natural 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;m

8. I) Authorities and Officers I) Preventive measures for abuse of Narcotic drugs and illicit traffic therein Central Government may take the measures with respect to following matters a. Identification, treatment, education, rehabilitation and social re-interaction of addicts. b. Obligations under the International conventions. c. Co-ordination of actions amongst the officers, State Governments and other authorities under this Act or any other law for the time being in force relating to the enforcement of the provisions of this Act. d. Assistance to the concerned authorities in foreign countries and concerned international organizations to prevent and suppress the illicit traffic in narcotic drugs and psychotropic substances. e. Such other matters for effective implementation of this Act and preventing the abuse of narcotic drugs and psychotropic substances.

9. II)Administrative Agencies A. Narcotic Commissioner Central Government appoints a Narcotic Commissioner and such other officers to supervise the cultivation of Opium poppy and production of Opium. to give effect to other provisions of the law. State Government also appoints such officers to implement the provisions of the Act in their respective territories of State. B. Deaddiction Centres Central Government and State Government establish necessary centers for identification, treatment, etc. of person addicted to narcotic drugs and psychotropic substances and to control the supply of drugs to such persons.

10. C. Narcotic Drugs and Psychotropic Substances Consultative Committee Narcotic Drugs and Psychotropic Substances Consultative Committee is appointed by Central Government to advice on matters related to the administration of this Act. It consists of a Chairman and maximum 20 other members. The Committee may appoint sub-committees for consideration of any particular matter.

11. III) National Fund for Control of Drug Abuse l) The Central Government may, by notification in the Official Gazette, constitute a National Fund for Control of Drug Abuse and there shall be credited there to a. an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide; b. the sale proceeds of any property forfeited under Chapter VA; c. any grants that may be made by any person or institution; d. any income from investment of the amounts credited to the Fund under the aforesaid provisions. 2) The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with the measures taken for a. Combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances; b. Controlling the abuse of narcotic drugs and psychotropic substances; c. Identifying, treating, rehabilitating addicts; d. Preventing drug abuse; e. Educating public against drug abuse; f. Supplying drugs to addicts where such supply is a medical necessity.

12. 3) If necessary, Central Government may constitute a Governing Body to advise that Government and to sanction money out of the said Fund within limit notified by the Central Government in the Official Gazette. 4) The Governing Body shall consist of a Chairman (not below the rank of an Additional Secretary to the Central Government) and Central Government may appoint such other six members. 5) The Governing Body shall have the power to regulate its own procedure.

13. Annual report of activities financed under the fund The Central Government shall, as soon as may be, after the end of each financial year, cause to be published in the Official Gazette, a report giving an account of the activities financed under section 7-Aduring the financial year, together with a statement of accounts.

14. Offences and Penalties 1. Contravention - Poppy Straw: 10–20 yrs imprisonment + ₹1–2 lakh fine. 2. Contravention - Coca Plant & Leaves: 10–20 yrs imprisonment + ₹1–2 lakh fine. 3. Contravention - Prepared Opium: 10–20 yrs imprisonment + ₹1–2 lakh fine. 4. Contravention - Opium Poppy & Opium: 10–20 yrs imprisonment + ₹1–2 lakh fine.

15. Additional Offences and Penalties 5. Embezzlement (illegal disposal) of Opium by Cultivator: 10–20 yrs imprisonment + ₹1–2 lakh fine. 6. Contravention - Cannabis Plant & Cannabis: a) For Ganja/Cultivation: Up to 5 yrs imprisonment + ₹50,000 fine. b) For Cannabis (other than Ganja): 10–20 yrs imprisonment + ₹1–2 lakh fine.