NDPS ACT 1985.pptx

pharmaceutical jurisprudence(PJ)

1. The Narcotic Drugs And Psychotropic Substance Act, 1985 With Rules,1985 Prepared By : Miss. Priya D Yannawar (M Pharm)

2. Content Introduction Objective Definition's Authorities and officers Offences and penalties NDPS Rules

3. Introduction There are many act related to this act in the past which have many drawbacks and which are modified by NDPS act, Like, opium act 1857, opium act 1878, dangerous drug act 1930.etc These above act have many drawbacks and related only with punishments and hence urgent needs have come to overcome these drawbacks. Therefore; Government of India withdraw these acts and passed NDPS Act 1985 with modification or to minimize deficiencies in old acts.

4. Continue. The NDPS Act has since been amended thrice –in 1988, 2001, 2014. Background of the NDPS: India had no legislation regarding narcotic until 1985. Cannabis smoking in india has been known since at laest 2000 BC and is mentioned in Atharvaveda. The US began to campaign for a worldwide law against all drugs, following the adaption of single Convention on Narcotic drugs in 1961. However I ndia opposed and withstand American pressure to make cannabis illegal for nearly 25 years. American pressure increased in 1980 and in 1985. the government decided and pass NDPS act, banning all narcotic drugs in India.

5. Objective To consolidate(combine) and amend(modify) the law relating to narcotic drugs. To make stringent provision for control and regulation of operations relating to NDPS. To prevent illicit traffic in NDPS ordinance, 1988 was passed to provide detention in certain cases.

6. Definition's Addict: A person habitual to regular use of any narcotic drug or psychotropic substance is called as Addict. Cannabis: (Hemp)cannabis consist of dried flowering tops of cannabis sativa family: cannabinaceae cannabis is plant genus which includes charas, ganja. it includes the following; C haras is a resin substance obtained from cannabis plant, is a concentrated preparation and liquid known as hashish oil or liquid hashish. Ganja is a flowering or fruited top of cannabis plants.

7. Continue.. Coca derivatives (dried leaf) crude cocaine; used directly or indirectly for manufacture of cocaine. ecgonine; cocaine(chemical constituent) which is methyl ester of benzoyl Ecgonine and its salt. coca leaf : it includes; The leaf of coca(erythroxylon) plant. Any mixture thereof with or without any neutral material ( not include any preparations containing less than 0.1% cocaine. Manufacture : All processes other than production by which NDPS are obtained. Refining and making of such drugs.

8. Continue.. Manufactured drugs : it includes all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate. Medicinal cannabis : (medicinal hemp) Any extract or tincture of cannabis. Narcotic drugs : It includes coca leaf, cannabis, opium and poppy straw and all manufactured drugs. Opium: (latex) It includes coagulated juice of opium poppy and its mixture with or without neutral(not affect main action of drug) material.

9. Continue.. Opium derivative: It includes medicinal opium prepared opium phenanthrene alkaloids like morphine, codeine, thebaine and there salts. diacetyl morphine (heroine and its salts) Opium Poppy : it includes, plant of papaver somniferum and its other species. Poppy straw: ( khaskhas ) all the parts(husk) of opium poppy ( except seeds) after harvesting.

10. Continue. Psychotropic substances: It means any substance natural or synthetic or any salt or any preparation of such substance which include in list of psychotropic substances specified in schedule. Illicit(illegal) traffic;(supplement of NDPS act passed in 1988) It includes Cultivating any coca plants or gathering any portion of it. Cultivating the opium poppy or any cannabis plant. Engaging in production, manufacturing, possession, sale, purchase, transport, warehousing, consumption, interstate export, import, import to and export from India of NDPS. Giving premises for the above activities except as permitted under the act. Financing directly or indirectly for any above activities. Harboring the person engaged in the above activities.

11. Authorities and officers Measure for preventing and combating abuse of narcotic drugs and illicit traffic therein (central authorities) Officers of central government NDPS consultative committee prohibition, control and regulation.

12. CONTINUE. Measure for preventing and combating abuse of narcotic act and illicit traffic therein . To prevent illegal activities and misuse of NDPS act central government can take measure in following matters Work management by various officers of the state government and other authorities under this act and all officers who are involved in enforcement of the provision of this act. Government major require as per international convention. Helping of concerned authorities in foreign countries to prevent the illicit traffic of NDPS . Identification, treatment, education, aftercare, rehabilitation, and social reintegration of addicts. Other matter regarded as suitable by central government for purpose of this act and preventing use of NDPS and illegal traffic.

13. Continue. 2. Officers of central government Apart from central authorities central government appoints narcotic commissioner. Narcotic commissioner himself or with the help of other officers shall perform the function related to, Supervision of cultivation of opium poppy Production of opium Other function which may charge to him by central government.

14. Continue. 3. NDPS consultative committee : (advisory) This committee is constituted to provide advice to central government on matters involving the administration of this act. Committee consist of chairmen and other member not more than 20 as appointed by central government. For efficient work committee may approach one or more committees and committee will advice central government on matter related to this act.

15. Prohibition control and regulation According to section 8 of NDPS Act anyone can not cultivate, manufacture, posses, stores, import, export of these drugs except for medicinal purpose. As per section 9 , of this act empower the central government to permit control and regulate by rules and certain operation of NDPS Drugs. Prohibition of certain operation as per section 8 Power of central government to permit, control and regulation. Power of state government to permit control and regulation.

16. 1.Prohibition of certain operation as per section 8, No person shall , Cultivate coca plant and gather any portion of coca plant. Cultivate opium poppy or any cannabis plant. Produce, manufacture, posses, sell, purchase, transport, ware house, use, consume, import and export inter state, import and export from India or transfer of any NDPS expect for medical and scientific purposes and to extent and in the manner provided by other provision of this act. Power of central government to permit control and regulate: 1. Central government by making rules, controls and regulates following operation. Cultivation of coca plant are gathering any portion of coca plant and also production sales purchase, transport, import and export of coca plant.

17. Continue.. Cultivation of opium poppy only on behalf of central government. Production and manufacture of opium and production of poppy straw. The manufacture, possession, transport, import, export, purchase, sale, consumption or use of psychotropic substance . The sale of opium and its derivatives from central government for export from India or sell to the state government or manufacturing chemists. 2. Central government controls on certain operation . Government self fix time to time the limit within which license may be given the cultivation of opium poppy. The communication between cultivator and authorized officer control by central government. Central government fixes the price of opium time to time.

18. Continue.. Central government may prescribe the form and condition of license and permit for manufacturing, possession, transport, import inter state, sale, purchase, consumption, or use of NDPS. Rules are provide for weighment, examination and classification according to quality and consistence of the opium received at factory. If opium delivered by cultivator was found adulterated during examination in the central government it may comes under the rules which is taken by authorized officers .

19. Continue.. Power of state government to permit, control and regulate: Permission and regulation of certain operation by state government: Possession, transport, interstate import, export, warehousing, sale, purchase, consumption and use of poppy straw. Cultivation of any cannabis plant production, manufacturing, possession, transport, import, export, sale, purchase, and use of cannabis. Possession, transport, purchase, sale, interstate import, export, use and consumption of manufactured drugs other than prepared opium. The manufacture and possession of prepared opium from opium lawfully processed by an addict registered with state government on medical advice are his personal conception.

20. Conditions To Grant License For Cultivation And Collection Of Opium Under NDPS Act: The land for poppy cultivation shall be free from litigation. The licence for cultivation of opium poppy shall specify the area and designate the plots on which cultivation take place . The licensee shall not transfer his licence and cultivate poppy for production of opium or poppy show over the area of land and plots specified in the license. The licensee shall bring the opium and deliver at place fixed for weighment all opium collected by him from the crop and he should accept that the prize of opium he fixed by central government. The delivery and weighment of opium shall be under the supervision of district opium officer or any other officer authorized by narcotic commissioner.

21. Continue.. 6. The licensee shall extract as much as opium as possible. 7. Final payment for opium delivered by him shall be made of appropriate time. 8. He should obey the provisions and order issued by component authorities. 9. The license shall be canceled making him disqualified for grant of license. If he breaks any law for any reason of the condition's, he may punishable. 10 . He district opium officer designate one of cultivator of opium poppy as lambardor in each village where opium poppy is cultivated. 11 . Lambardor shall perform his given function and on such terms and conditions as given by narcotic commissioner .

22. Offences and penalties Sr.No . Offenses Penalties Section Of Act 1 Cultivation of opium, cannabis or coca plants without license Rigorous imprisonment-up to 10 yrs. + fine up to 1 lakh Opium -18 (c) Cannabis- 20 Coca- 16 2 Embezzlement of opium by licensed farmer Rigorous imprisonment-up to 10 yrs.to 20 yrs. + fine up to 1to 2 lakh 19 3 Production, manufacture , possession, sale, purchase, transport, import or export interstate, or use of NDPS Small quantity- Rigorous imprisonment-up to 6 months or fine up to 10,000 or both Rigorous imprisonment-up to 10 + fine up to 1 lakh Commercial quantity – Rigorous imprisonment-up to 10 yrs.to 20 yrs. + fine up to 1to 2 lakh Prepared opium section 8 Opium- 18 Cannabis – 20 Psychotropic substance- 22

23. continue Sr . No . Offenses Penalties Section Of Act 4 Import, export or transshipment Small quantity- Rigorous imprisonment-up to 6 months or fine up to 10,000 or both Rigorous imprisonment-up to 10 + fine up to 1 lakh Commercial quantity – Rigorous imprisonment-up to 10 yrs.to 20 yrs. + fine up to 1to 2 lakh Prepared opium section 8 Opium- 18 Cannabis – 20 Psychotropic substance- 22 5 External dealing in NDPS i.e. engaging in or controlling trade whereby drugs are obtained from outside India are supplied to a person outside India Rigorous imprisonment-up to 10 yrs.to 20 yrs. + fine up to 1to 2 lakh Section 24 6 violation pertaining to controlled substance Rigorous imprisonment-up to 10 yrs.to 20 yrs. + fine up to 1to 2 lakh 25A

24. Continue.. Sr. No. Offenses Penalties Section Of Act 7 Financing traffic and harboring offenders Rigorous imprisonment-up to 10 yrs.to 20 yrs. + fine up to 1to 2 lakh 27A 8 Attempts, abetment and criminal conspiracy Rigorous imprisonment-up to 10 yrs.to 20 yrs. + fine up to 1to 2 lakh 28 Abetment and criminal consirancy-29

25. NDPS Rules Schedule- I Narcotic drugs- Coca leaf Cannabis Acetorphan Diacetylmorphine( heroin) Etrophine Preparation, admixture extract and other substance containing any of above drugs. Psychotropic substance: Tenocyclidine Alprazolam Bromazepam Camazepam

26. Continue.. Schedule-II Psychotropic substance Amphetamine Mecloqualone Methaqualone Schedule –III Psychotropic substance Amobarbital Cyclobarbital pentazocine

27. Amendment 1988 amendment NPDS act 1988 get approval from president ramaswami venkantraman on 8 January 1989 2001 amendment: NDPS Act 2001get approval from k.r narayanan on 9 may 2001. 2014 amendment: NDPS Act 2014 get approval from president pranab Mukherjee on 7 march 2014.

28. Question bank Define cannabis and manufactured drugs according to NDPS act 1985? ( 3m) Define opium and hemp. (3m) Write a note on illicit traffic.(3m) What is opium and state its derivatives.( 3m) What is coca derivatives? (3m) Operation performed by central and state government to control NDPS? (10 m) Give the conditions to be fulfilled from grant of license for cultivation and collection of opium under the NDPS act. (10M) What are narcotic and psychotropic substance? Give prohibited and permitted operation under this act. (10M)