ndps act.pptx

NDPS ACT

1. THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

2. OBJECTIVES To consolidate and amend the law relating to the narcotic drug. To make stringent provisions for control and regulation of operations relating to the narcotics drug and psychotropic substances. To provide for seizure of property derived from or used in illicit traffic in narcotic drugs. To implement the recommendations of the international convention on narcotic drugs and psychotropic substances .

3. HISTORY The narcotic drug control under the acts such as Opium act -1857, the opium act -1878, the dangerous drug act 1930. The provisions of enactments were found to be inadequate because of passage of time and field of illegal drug transport and drug abuse at the national and international level .To consolidate and to amend these acts the NDPS bill was introduced in parliament. Punishments and penalties not meet the smugglers and they below the range of their thinking. Increasing in the transmission of drugs in traffic. New drugs of addiction. Because of above mentioned reasons the act was developed. List of amendments, Acts: The n a r c oti cs a nd p s y c hotrop i c substa n c e ( a mendm e nt) ac t, 198 8. The narcotics and psychotropic substance 2001. The narcotics and psychotropic substance 2014.

4. Definitions. In this Act, unless the context otherwise requires,-- " addict" means a person addicted to any narcotic drug or psychotropic substance; (ii) "Board" means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963), (iii ) "cannabis (hemp)" means– 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; ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops),

5. Manufacturing HARVESTING AND PURIFICATION MANUFACTURING OPIUM LAMBERDAR DISTRICT OPIUM COLLECTER FACTORY FOR SALES AND EXPORT (Central Gov.) GHAZIPUR (Manufacturing sales) NEEMUCH (manufacturing)

6. iv ) "narcotic drug" means coca leaf, cannabis (hemp), opium, popy straw and includes all manufactured drugs; (V) "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 not to be a manufactured drug; (viii) "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;

7. (IX) Coca derivative: C rude cocaine or any extract of coca leaf/for manufacturing /indirectly/directly used. Ecgonine and all the derivatives. All preparations contain >0.1% cocaine. Coca leaf: the leaf of coca plant. Narcotic drug: means coca leaf, cannabis (hemp), opium, poppy straw, and include all manufacturing goods. Opium: the coagulant juice of the opium poppy . Image: Opium poppy plant

8. Opium poppy cultivation and production of poppy straw, manufacture, sale and export of opium. Opium poppy cultivation and production of opium or poppy straw: The opium poppy for production of opium or poppy straw shall not be cultivated save on account of the Central Government and in the tracts notified by it from time to time and in accordance with the conditions of a license issued by the District Opium Officer under rule 8. Fixation of price of opium: The Central Government shall' from time to time, fix the price of opium, to be paid to the cultivators' in such manner as it may deem fit. Such price shall be fixed per kilogram of opium of a standard consistence'

9. Manufacture of opium: Opium shall not be manufactured save by the Central Goverrunent Opium Factories at Ghazipur and Neemuch : Provided that opium mixtures may be manufach:red from opium lawfully possessed by a person authorised under the rules made by the State Govemment for the said purpose. Export of opium: The export of opium is prohibited save when the export is on behalf of the Central Govemment. Sale to State Governments or manufacturing chemists: The sale of opium to the State Governments or manufacturing chemists or the person or entity who has been granted license under sub-section (2A) of rule 36, as the case may be, shall be only from the Govemment Opium Factories, located at Neemuch and Ghazipur ;

10. CHAPTER 2. 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.— The Narcotics Commissioner shall, either by himself or through officers subordinate to him, exercise all powers and perform all functions relating to the superintendence of the cultivation of the opium poppy and production of opium and shall also exercise and perform such other powers and functions as may be entrusted to him by the Central Government.

11. The Narcotic Drugs and Psychotropic Substances Consultative Committee: The Central Government may constitute, by notification in the Official Gazette, an advisory committee to be called “The Narcotic Drugs and Psychotropic Substances Consultative Committee” (hereafter in this section referred to as the Committee) to advise the Central Government on such matters relating to the administration of this Act as are referred to it by that Government from time to time. The Committee shall consist of a Chairman and such other members, not exceeding twenty, as may be appointed by the Central Government. The Committee shall meet when required to do so by the Central Government and shall have power to regulate its own procedure.

12. Officers of State Government: The State Government may appoint such officers with such designations as it thinks fit for the purposes of this Act. The officers appointed under sub-section (1) shall be subject to the general control and direction of the State Government, or, if so directed by that Government, also of any other authority or officer. Officers of Central Government : Central Government may appoint the Central Government may appoint the Narcotics Commissioner and such other officers with such designations as it thinks fit for the purposes of this Act

13. CHAPTER 3: PROHIBITION, CONTROL AND REGULATION Prohibition of certain operations No person shall— cultivate any coca plant or gather any portion of coca plant; or (b) cultivate the opium poppy or any cannabis plant; or (c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-State, export inter-State, import into India, export from India or transship any narcotic drug or psychotropic substance, except for medical or scientific purposes.

14. 3. Power to control and regulate controlled substances.— If the Central Government is of the opinion that, having regard to the use of any controlled substance in the production or manufacture of any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it may, by order, provide for regulating or prohibiting the production, manufacture, supply and distribution thereof and trade and commerce therein.

15. Narcotic Control Bureau (NCB) NCB was established on 17 th March 1986 to enable the full implementation of the NDPS Act 1985. Headquarter at Delhi. It is the chief law enforcement and intelligence agency of India. Director general.

16. 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 thereto an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide; the sale proceeds of any property forfeited 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 under the aforesaid provisions.

17. 2) The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with the measures taken for Combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances; Controlling the abuse of narcotic drugs and psychotropic substances; Identifying, treating, rehabilitating addicts; Preventing drug abuse; Educating public against drug abuse; Supplying drugs to addicts where such supply is a medical necessity.

18. CHAPTER 4: OFFENCES AND PENALTIES Punishment for contravention in relation to poppy straw: where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2 [one year], or with fine which may extend to ten thousand rupees, or with both; where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:

19. 2. Punishment for contravention in relation to coca plant and coca leaves.— Whoever, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses coca leaves shall be punishable with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees.

20. 3. Punishment for contravention in relation to opium poppy and opium Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder , cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses opium shall be punishable,— where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2 [one year], or with fine which may extend to ten thousand rupees, or with both;

21. 4. Punishment for contravention in relation to cannabis plant and cannabis.— Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder ,— (a) cultivates any cannabis plant; or (b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis shall be punishable,— where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees ; and (A) and involves small quantity, with rigorous imprisonment for a term which may extend to 2 [one year], or with fine which may extend to ten thousand rupees, or with both;

22. 5. Punishment for contravention in relation to psychotropic substances Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted there under, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any psychotropic substance shall be punishable,— where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 5 [one year], or with fine which may extend to ten thousand rupees, or with both; Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.

23. 6. Offences by Companies 1. Where an offence under Chapter IV has been committed by a company, every person, who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm

24. Offences and penalties in tabular format OFFENCES PENALTY SECTION OF ACT Cultivation of opium, cannabis or coca plants without license Rigorous imprisonment- up to 10 years + fine up to Rs.1 lakh Opium - 18(c) Cannabis - 20 Coca-16 Embezzlement of opium by licensed farmer Rigorous imprisonment - 10 to 20 years + fine Rs. 1 to 2 lakhs (regardless of the quantity) 19 Production, manufacture, possession, sale, purchase, transport, import inter- state, export inter-state or use of narcotic drugs and psychotropic substances Small quantity - Rigorous imprisonment up to 6 months or fine up to Rs. 10,000 or both. Rigorous imprisonment. up to 10 years + fine up to Rs. 1 Lakhs. Commercial quantity - Rigorous imprisonment 10 to 20 years + fine Rs. 1 to 2 Lakhs Prepared opium-17 Opium – 18 Cannabis - 20 Psychotropic substances -22 Import, export or transhipment of NDPS Same as above 23

25. OFFENCES PENALTY SECTION OF ACT External dealings in NDPS- i.e. engaging in or controlling trade whereby drugs are obtained from outside India and supplied to a person outside India Rigorous imprisonment 10 to 20 years + fine of Rs. 1 to 2 lakhs (Regardless of the quantity) 24 Knowingly allowing one's premises to be used for committing an offence Same as for the offence 25 Violations pertaining to controlled substances (precursors) Rigorous imprisonment up to 10 years + fine Rs. 1 to 2 lakhs 25A Financing traffic and harboring offenders Rigorous imprisonment 10 to 20 years + fine Rs. 1 to 2 lakhs 27A Attempts, abetment and criminal conspiracy Same as for the offence Attempts-28 Abetment and criminal conspiracy - 29

26. LIST OF PSYCHOTROPIC SUBSTANCES Sl. No. International non-proprietary names Other non proprietary names Chemical name 1 DET N, N- Diethyltryptamine 2 (+)-LYSERGIDE LSD, LSD-25 (+)-N, N- Diethyllysergamide ( dlysergic acid diethylamide) 3 ETICYCLIDINE N- PCE Ethyl-1-phenylcyclohexylamine 4 ROLICYCLIDINE PHP, PCPY 1-(1-phenylcyclohexyl) pyrrolidine 5 AMOBARBITAL 5-Ethyl-5-(3-methylbutyl) barbituric 6 CYCLOBARBITAL 5-(1-Cyclohexen-1-yl)-5-ethylbarbituric acid 7 ALPRAZOLAM 8 -Chloro-1-methyl-6-phenyl-4H-striazolo [4, 3-a] [1, 4] benzodiazepine

27. Table

28. CASE STUDY: Five years after police arrested a resident of Green Avenue Kot Chowk with 200gm of an intoxicating powder in June 2014, a special Narcotic Drugs and Psychotropic Substances (NDPS) Act court acquitted him on the grounds of weak evidence. The case against Pawan Kumar, son of Raj Kumar, had been lodged at the Cantonment Police Station. The main plea that the defence counsel Amandeep Sharma took was that police had violated a provision under Section 50 of the NDPS Act, which says that an accused could be searched only after he/she had been informed and explained about his rights before the nearest magistrate. “In the case of Kumar, the investigating officer failed to comply with this provision and deserves the benefit of doubt,” the counsel said. It was also pointed out that the memos that the police had prepared on the spot of the arrest bore First-Information Report (FIR) numbers, but no FIR had been lodged on the date of the arrest. It was also found material that the police sent the sample parcel of the recovery made to Forensic Science Laboratory (FSL) after a delay of almost three months, whereas this has to be done within 72 hours.

29. The court of justice Sandeep Singh Bajwa said there had been gross violations of mandatory provisions of Section 50 of the NDPS Act. Further, non-joining of independent witness proves that the version of prosecution is full of infirmities. “The prosecution has failed to prove its case beyond the shadow of reasonable doubt, which entitles the accused to acquittal by giving him the benefit of doubt,” the court ordered.

30. The NDPS Act under which Rhea Chakraborty has been booked What are the sections applied in the case against Chakraborty ? The ten accused in the case are booked under Sections 8 (c) read with section 20 (b) (ii), 22, 27A, 28, 29 and 30 of the NDPS Act. These pertain to alleged use and possession of cannabis and psychotropic substances, financing illicit traffic and harbouring offenders as well as abetment and criminal conspiracy, attempt and preparation of committing an offence. What is the evidence so far that NCB has presented before court against the accused on these charges? Two complaints were subsequently filed by the NCB – one against Chakraborty based on the chats and another against alleged drug peddlers, in which she was not named initially. The arrest of Chakraborty   on September 8 was in the second case. With the arrest of nine others including Chakraborty’s brother,  Showmik, the NCB claimed that it had found evidence of her involvement in the second case.

31. Actor Rhea Chakraborty has been arrested on charges of procuring drugs along with  Sushant Singh Rajput  and paying for the same .

32. The NCB’s remand applications before the court states that it has relied on the statements made by the other accused in the case, including alleged drug peddlers and Rajput’s house staff, who have allegedly spoken about selling and receiving drugs respectively for Rajput on his directions and “on several occasions” as instructed by Chakraborty . The NCB claims that Chakraborty is “an active member of the drug syndicate connected with drug supplies”.  What is Chakraborty’s defence? Chakraborty has said that NCB is  “silent and deliberately vague”   about the quantum of drugs, amount of finance, and type of drugs, she is alleged to have procured and financed. The NCB, however, says that at the stage of arrests, the individual role of each accused is not clarified and the sections and allegations are common to all accused.