NDPS Act

Narcotic Drugs and Psychotropic Substances Act 1985

1. NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 PRESENTED BY: AKANKSHA SRIVASTAVA ROLL NO. 20 MSc I Forensic Science (FS-101)

2. INTRODUCTION: Prior to the enactment of the Narcotic Drugs and Psychotropic Substances Act, 1985, the statutory control over narcotic drugs was exercised in India through: The Opium Act, 1857, The Opium Act, 1878 and The Dangerous Drugs Act, 1930. Narcotic drugs are those which induce sleep while psychotropic substances have the ability to alter the mind of an individual. Narcotic Drugs and Psychotropic Substances Act also commonly termed as the NDPS Act, made with the purpose to control drugs of abuse and prohibit its use, dissipation, distribution, manufacture, and trade of substance of abuse. NDPS Act came into existence on 14 November 1985 by Parliament of India.

3. CLASSIFICATION OF DRUGS:

4. • Total chapters : 8 CHAPTER I: PRELIMINARY CHAPTER II : AUTHORITIES AND OFFICERS CHAPTER IIA : NATIONAL FUND FOR CONTROL OF DRUG ABUSE CHAPTER III : PROHIBITION, CONTROL AND REGULATION CHAPTER IV : OFFENCES AND PENALTIES CHAPTER V : PROCEDURE CHAPTER VA: FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY CHAPTER VI : MISCELLANEOUS • Total Sections : 83  DESCRIPTION OF THE ACT :

5. A/c to the Preamble of NDPS Act ; • To consolidate (bind together) and amend (change) the law relating to narcotic drugs • To make stringent ( strict/firm) provision for the control and regulation of operations relating to narcotic drugs and psychotropic substance • To considerably enhance penalties particularly for trafficking offences. OBJECTIVE/LEGISLATIVE INTENT OF THIS ACT:

6. CHAPTER I: PRELIMINARY Important Definitions: “addict ” means a person who has dependence on any narcotic drug or psychotropic substance “manufactured drug” means— ( 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. “ narcotic drug ” means coca leaf, cannabis (hemp), opium, popy straw and includes all manufactured drug “Psychotropic substance ” means 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; “ controlled substance” 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

8. Cannabis : (a) charas , that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish. ( b) ganja, that is, the flowering or fruiting tops of the cannabis plant . Medicinal Cannabis : It is any extract or tincture of cannabis Coca Derivative : Crude cocaine which can be used directly or indirectly for manufacture of cocaine . Cocaine is methyl ester of benzoyl-ecogonine and it`s salts . Opium : it means the coagulated juice of the opium poppy and it`s mixture with or without neutral material. Opium Poppy : It includes the plant of Papaver somniferum L and other species of papaver from which opium and phenanthrene alkaloid can be extracted

9. CHAPTER II: AUTHORITIES AND OFFICERS Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc. Officers of Central Government: Narcotics Commissioner and other officers The Narcotic Drugs and Psychotropic Substances Consultative Committee: Chairman and such other members, not exceeding twenty, as may be appointed by the Central Government. Officers of State Government

10. CHAPTER III: PROHIBITION, CONTROL AND REGULATION Operations totally prohibited : Cultivation of :Any coca plant , opium poppy or cannabis plant. Production , manufacture, possession, sale , purchase, transport, warehouse, use, consume, import, export any NDPS except for medicinal and scientific purpose. Operations controlled and regulated by central govt : Cultivation and collection of any portion of coca plant, opium poppy, cannabis or any other natural drug. Manufacture of manufactured drug, psychotropic substance, narcotics, or any other narcotics other than for medicinal purposes.

11. Production, possession, sale , purchase, transport, warehouse, use, consume, import, export, use or consumption of all or any of the above Prescribe the forms and conditions of licenses for the manufacture of manufactured drugs, for possession, transport, import inter state, sale, purchase, consumption or use of essential narcotic drugs Power of State Government to permit, control and regulate: The possession, transport, import inter-State, export inter-State, warehousing, sale, purchase, consumption and use of poppy straw, opium, coca leaf, cannabis plant, medicinal opium, manufactured drugs, or ay other narcotic drug and psychotropic substance.

12. Special provisions: P ermit, with or without conditions, the cultivation, production, possession, sale, purchase, transport, import inter-State, export inter-State or import into India of any coca plant or part of coca leaves for use in the preparation of any flavouring agent and of cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes

13. CHAPTER IV: OFFENCES AND PENALTIES S.No . OFFENCE PENALTIES 1. Contraventions of provisions in respect of poppy straw, opium poppy, coca plant & coca leaves, prepared opium, manufactured drugs & psychotropic substances. Illegal import or export or external dealings in NDPS Allowing use of premises, vehicles etc., for commission of an offence under the act. Rigorous imprisonment from 10-20 years , Fine between Rs. 1 to 2 lakhs or more 2. Contravention in respect of cannabis plant and cannabis related to ganja. Rigorous imprisonment upto 5 years and fine upto Rs. 50,000 3. Failure to keep accounts or submit returns as required by law or keeping of false accounts or making of false statements Failure to produce licenses, permits, authorizations etc., on demand by authorized persons. Rigorous imprisonment for 5 years / Fine or both.

14. S.No .: OFFENCE PENALTIES 4. Illegal possession for personal consumption or consumption of cocaine, morphine, diacetyl -morphine or any other NDPS specified in act. R.I. up to 1 year or fine or both. 5. Illegal possession for personal consumption or consumption of substances other than those mentioned under 4. Rigorous imprisonment up to 6 months or fine or both. 6. Punishment for violations not elsewhere specified Imprisonment up to six months or fine or both

15. There is a provision of death penalty for certain serious offences that are committed after previous conviction . If any individual or firm is found to possess more than following quantities of NDPS without permission, license, etc., and if the offence is repeated, the death penalty may be awarded . Death penalty may also be awarded for a serious offence of financing directly/ indirectly such a big crime as indicated . Special courts may be constituted with single judge appointed by the chief justice of the high court to dispose of the cases of NDPS. Death penalty:

16. *Source: https://dor.gov.in/narcoticdrugspsychotropic/punishment-offences

17. • Section 41 : Power to issue warrant and authorization • Section 42: Power to entry , search , seizure and arrest without warrant • Section 43 : Power to seizure and arrest in public places • Section 49: Power to stop and search conveyance • Section 52: Disposal of person arrested and articles seized Section 53: Power to invest officers of certain departments with powers of an officer-in-charge of a police station • Section 64: Power to tender immunity from prosecution. CHAPTER V: PROCEDURE

18. https://dor.gov.in/narcoticdrugspsychotropic/punishment-offences https://legislative.gov.in/sites/default/files/A1985-61.pdf https://juniperpublishers.com/jfsci/pdf/JFSCI.MS.ID.555644.pdf B.M. Mittal , “A TEXTBOOK OF FORENSIC PHARMACY ”, (10th Ed.)  REFERENCES: