1. SAM HIGGINBOTTOM UNIVERSITY OF AGRICULTURE, TECHNOLOGY &
SCIENCES
Dept. Of FORENSIC SCIENCE
TOPIC:- NDPS ACT 1985
PALLAVI KUMARI
2. OBJECTIVE
LEGAL CLASSIFICATION OF DRUG
IMPORTANT SECTIONS
MANUFACTURING OF DRUGS
IMPORT AND EXPORT OF DRUGS
OFFENCES AND PENALTIES
2
3. To consolidate and amend the law relating to narcotic
drugs.
To make stringent provisions for the control and
regulation of operations relating to narcotic drugs and
psychotropic substances.
To provide for the seizure of property derived from or
used in illicit traffic in narcotic drugs.
To implement the recommendations of the International
Conventions on narcotic drugs and psychotropic
substances.
4. Schedule I Include the drugs that have a high potential for abuse, that
have no currently accepted medical use and that there is a lack of accepted
safety for use of the drug under medical supervision. Drugs such as
cannabis, ecstasy, GHB, heroin, LSD, and methaqualone are included in
Schedule I.
Schedule II Includes drugs that have a high potential for abuse, have
currently accepted medical use with severe restrictions, and that the abuse
of may lead to severe psychological or physical dependence. Drugs such
as amphetamine, cocaine, fentanyl, hydromorphone oxycodone, and
hydrocodone are included in Schedule II
5. Schedule III Includes drugs that have a potential for abuse less than the drugs
or other substances in schedules I and II, have a currently accepted medical use
and that the abuse of may lead to moderate or low physical dependence or high
psychological dependence. Drugs such as anabolic steroids, buprenorphine, and
ketamine are included in Schedule III.
Schedule IV Includes drugs that have a low potential for abuse relative to the
drugs or other substances in schedule III, have a currently accepted medical use
and that the abuse of may lead to limited physical dependence or psychological
dependence relative to the drugs or other substances in schedule III. Drugs such as
benzodiazepines, modafinil, and tramadol are included in Schedule IV.
6. Schedule V Includes drugs that have a low potential for abuse relative
to the drugs or other substances in schedule IV, have a currently accepted
medical use in treatment, and that the abuse of may lead to limited
physical dependence or psychological dependence relative to the drugs or
other substances in schedule IV. Drugs such as diphenoxylate (in
combination with atropine), lacosamide, and pregabalin are included in
Schedule V.
7. Section 1. Short title, extent and commencement.-(1) This Act may be
called the Narcotic Drugs and Psychotropic Substances Act, 1985.
It extends to the whole of India except the State of Jammu and Kashmir.
It came into force after the Central Government notified it in the Gazette of
India on 14 November 1985.
8. (iii
(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 (excluding the seeds and
leaves when not accompanied by the tops), by whatever name they may be known or
designated;
(c) any mixture, with or without any neutral material, of any of the above forms of cannabis or
any drink prepared therefore.
9. (xiv) means coca leaf, cannabis (hemp), opium, poppy straw and
includes all manufactured goods.
(xv)
(a) the coagulated juice of the opium poppy; and
(b) any mixture, with or without any neutral material, of the coagulated juice of the
opium poppy
(xxiii) “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;.
10. Crude cocaine, ecgonine and diacetylmorphine (commonly
known as heroin) and their salts
Drugs which can be manufactured only by the
Government or when a license is issued if the
Government determines it to be in public interest to
issue a license:
Morphine, codeine, dionine, thebaine, dihydrocodeine,
acetyldihydrocodeine, acetyldihydrocodeinone,
dihydromorphine, dihydromorphinone, dihydrohydroxy
codeinone, pholcodine and their respective salts.
11. Narcotic drugs other than the can be manufactured after obtaining
a license from the Narcotics Commissioner.
The Narcotics Commissioner issues a license only if the conditions
are fulfilled including producing a manufacturing license from the
Drugs and Cosmetics Act/Rules from the State Drugs controller and
the licenses to be obtained from the State Government under the
State NDPS Rules for possession, use and sale of narcotic drugs.
12. Psychotropic substances whose manufacture is completely
prohibited:
These substances are listed in Schedule I of the NDPS Rules, 1985
Psychotropic substances whose manufacture is permitted but
only for export:
These substances are listed in Schedule III of the NDPS Rules, 1985.
o Psychotropic substances which can be manufactured for sale in
India or for export:
Any psychotropic substance not listed in Schedule I and Schedule III of
the NDPS Rules, 1985 can be manufactured (for sale in India or for
export)
13. No person shall—
(a) cultivate any coca plant or gather any portion of coca plant; or
(b) cultivate the opium poppy or any cannabis plant;
(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. Import and export of narcotic drugs and psychotropic
substances listed in Schedule I in the NDPS Rules is
prohibited.
Import of opium, concentrate of poppy straw, and morphine,
codeine, thebaine and their salts is prohibited except by the
Government Opium Factory.
Export of some psychotropic substances is not permitted to
specific countries. These substances and the countries to which
each substance cannot be exported are listed in Schedule II of
the NDPS Rules, 1985.
To import any narcotic drug or psychotropic substance, one
should apply for and obtain an import certificate from the
Narcotics Commissioner for each consignment
To export any narcotic drug or psychotropic substance, one
should apply for and obtain an export authorization from the
Narcotics Commissioner for each consignment.
15. OFFENCES PENALTIES Sections of the 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)
NDPS ACT 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.
More than small quantity but less than
commercial quantity - 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
Manufactured drugs or their preparations-
21
Psychotropic substances -22
Import, export or transshipment of
narcotic drugs and psychotropic
substances
Same as above NDPS ACT 23
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)
NDPS ACT 24
16. Knowingly allowing one's
premises to be used for
committing an offence
Same as for the offence NDPS ACT 25
Violations pertaining to controlled
substances
Rigorous imprisonment up to 10 years
+ fine Rs. 1 to 2 lakhs
NDPS ACT 25A
Financing traffic and harboring
offenders
Rigorous imprisonment 10 to 20 years
+ fine Rs. 1 to 2 lakhs
NDPS ACT 27A
Attempts, abetment and criminal
conspiracy
Same as for the offence Attempts-28
Abetment and criminal conspiracy - 29
Preparation to commit an offence Half the punishment for the offence NDPS ACT 30
Repeat offence One and half times the punishment for
the offence. Death penalty in some
cases.
NDPS ACT 31
Death - 31A
Consumption of drugs Cocaine, morphine, heroin - Rigorous
imprisonment up to 1 year or fine up
to Rs. 20,000 or both.
Other drugs- Imprisonment up to 6
months or fine up to Rs. 10,000 or
both.
NDPS ACT 27
Immunity - 64A
