this presentation explains about tne history, scope, narcotic drugs and psychotropic substances definitions, offences and penalties, controlled operations, amendments, manufactured drugs, favourable conditions, production, sale of opium.
2. The Narcotic & Psychotropic substances act was passed in the year
1985
Objective :
Act was passed with the objective to consolidate & amend the
law relating to narcotic drugs to make stringent provision of control
and regulation of operation relating to narcotic drugs & psychotropic
substances and matter connected these with .
The act is extended to whole of India .
The following substances have been defined as narcotic &
Psychochotropic substances :
3. Narcotic drugs largely originate from cannabis, cocoa, and opium plants
are defined as below :
(1)Cannabis: (hemp) it includes
A) Charas: The resin in crude (or) purified state obtained from
cannabis plant .
B) Ganja: The flowering & fruiting type of cannabis plant .
2) Cocoa leaf : Mean leaves of any plant genus Erthroxylem from which
cocoaine ,ecgonine, &other ecgonine alkaloids have not been
removed.
3) Opium : it includes
a) Opium : Meaning coagulated juice of opium poppy (Papaver
somniferum).
b) Poppy straw : Meaning all parts of opium poppy after
harvesting whether in original form or cut , crushed or powered
4. Manufactured drug :
Tincture or extract of cannabis .
Derivative of cocoa, or opium .
Psychotropic substances means any substances natural or synthetic
or any salt or preparation of substances included in the list of
Psychotropic substances specified in schedule of the act .
Eg: Amphetamine,
Dexamphetamine,
, Barbital ,
diazepam,
Nitrazepam,
Phenobarbital ,
Methyl phenobarbital.
5. Controlled operation :
By Central Govt:
1) Cultivation & gathering of any portion of cocoa plant.
2) Cultivation of opium poppy its behalf.
3) Production & manufacture of opium & poppy straw .
4) Sale of opium &opium derivatives to state Govt
/manufacture chemist / as well as their export.
By State Govt :
1) Cultivation of cannabis .
2) Transport, warehousing purchase ,sale,
consumption of
A) Opium
B) Poppy straw
C) Cannabis
D) cocoa
6. Cultivation , production, sale etc . of opium:
A. Cultivation of opium poppy :
The opium can be cultivated only on behalf of the central
government and under a license granted for the purpose in
such parts of the country as may be specified.
The licenses may be granted by district opium officers for
cultivation in specified areas and plots.
The district opium officers may also designate one of the
licensed cultivators as Lambardar who may discharge duties
specified by the Narcotics Commissioner.
7. Cultivation , production, sale etc . of opium:
The licenses granted by district opium officers may be
withheld or cancelled by higher officers in case of
cultivator contravening the rules after giving a chance to
the cultivator for being heard .
If any opium is cultivated under a license which is
subsequently cancelled the crop may be destroyed.
8. FAVOURABLE CONDITIONS
Cultivation of poppy is restricted to Madhya Pradesh,
Rajasthan and Uttar Pradesh.
Sub tropical climate in winter season (November –March)
Highly fertile ,well drained loamy soil with fine sand.
The soil should contain organic matter, nitrogen and should
have pH around 7.
9. After sowing ,with in 3-4 months , the plant bears flowers ,
which are converted to capsules with in few days and attain
maturity after 15-20 days.
During the maturity period, the capsule exudates maximum
latex which shows color change from dark green to light green.
Such Capsules are incised vertically in the afternoon with the
help of specific needle like apparatus called Nushtur .
It penetrates maximum up to 2mm in to the capsule. Because of
incisions ,latex exudes out and thickens due to the cold
weather in night which is eventually scrapped and collected
next morning by an iron scroop called charpala.
The incision process was repeated for about 4 times on the
same capsule with in 2 days interval.
10. Production of Opium:
Cultivators during harvesting should take each day’s collection to
Lambardar for weighing and entry in records which should be
jointly attested, every day by Lambardar and the cultivator .
These records may be checked by officers. In case of any
discrepancies between quantity produced and quantity entered
enquiry shall be made to determine the liability of the cultivator for
punishment
11. All opium produced has to be delivered to the district opium officer
who will weigh, examine and classify the same in the prescribed
manner.
A cultivator dissatisfied with classification may have the opium
forwarded to government opium factory. All opium forwarded to
government factory has to be classified by its General Manager.
If the district opium officer suspects any opium delivered to him to
be adulterated he may send it separately to government opium
factory after sealing it in the presence of Lambardar and cultivator.
Adulterated opium is liable to confiscation after given a hearing to
the cultivator.
12. .
The Central Government may from time to time fix the price of
opium .
Cultivators, aggrieved by orders of cancellation or withdrawal
of licenses, may appeal to Narcotics Commissioner or those
aggrieved by the decisions of the general managers of opium
factories may appeal to Chief Controller of Factories.
13. C. Manufacture of opium
Only central Government can manufacture opium at its two factories at
Ghazipur and Neemuch .
However, any opium mixture may be manufactured form lawfully
possessed opium in accordance with rules made for the purpose.
D. Sale of opium
Sale of opium to the state Governments or manufacturing chemists can
be made only from government opium factory, Ghazipur. The sale to
manufacturing chemists is possible only under permit form concerned
State Government three copies of which are sent to the opium factory.
The sale price shall be as fixed by the central Government from time to
time.
14. Procedures : A) for searches, seizures, arrests etc.
1)The metropolitan, magistrates, first class magistrates, 2nd class
magistrates empowered in this behalf may issue warrants for the arrest
of a person believed to have committed an offence under the act or for
the search of buildings , places, conveyances etc. where a narcotic
drug or a Psychotropic substances, in respect of which an offence has
been committed.
15. .
Some gazetted officers of central excise, narcotics, customs,
revenue, intelligence, or officers of any other specially
empowered department of the central government in this
behalf or border security force or officers of revenue, drug
control, excise, police or any other department of a state
government, as are specially empowered in this behalf, may
issue authorization to any officer subordinate .
16. To him but superior in rank to a peon, sepoy or constable for
the arrest of a person or searches as specified earlier when
they have reasons to believe, personal knowledge or
information given by any person and taken down in writing,
that an offence has been committed by a persons or
materials, documents, drugs etc. in contravention of the act
are kept concealed .
The authorized officers can also seize materials or arrest
persons in public places.
.
17. .
If some goods liable to confiscation cannot be seized due to
any practical problem the officers may give an order to the
concerned person to not to remove or art with or otherwise
deal in such goods without previous permission.
These officers can also take such actions without warrants or
authorizations between sunrise and sunset if they believe,
from personal knowledge or information given by any person
and taken down in writing , that an offence has been
committed.
18. If, however , they feel that obtaining search warrant or authorization
may give an opportunity for escape of an offender or concealment of
drugs, evidences etc. they may act between sunset and sunrise also
after recording grounds of their belief endorsing a copy of the same to
their immediate official superiors.
If a person, about to be searched by an officer, requires that he be
taken to the nearest Gazetted Officer of any of the specified
departments or to the nearest magistrate his request has to be
accepted. Such a person can be detained until he is brought to the
officer or magistrate.
If the officer or magistrate to whom the person is brought sees no
reasonable ground for search he may discharge the person. However, if
he is satisfied that grounds for search exist he may direct that search be
made.
19. Females cannot be searched by anyone except females.
Provisions of Code of Criminal Procedure 1973 are applicable to warrants,
arrests, searches, seizures etc.
Reports of all arrests, seizures etc. have to be made within 48 hours to
immediate official superior.
All officers of the various departments are obliged to assist each other in
carrying out provisions of this Act.
20. .
B. For Disposal of Arrested Persons and Seized Articles :
Every person arrested of article seized has to be forwarded
without unnecessary delay to the Magistrate or the officer who
issued the warrant or authorization, who has then to take
measures for disposal of persons and articles according to
law.
Pending orders of a Magistrate, the seized articles have to be
given to officer in charge of the local police station.
21. OFFENCES AND PENALTIES
1.(a) Contraventions of
provisions in the Act or
Rules there under in
respect of poppy straw,
opium poppy, coca plant
and coca leaves, prepared
opium, manufactured drugs
and psychotropic
substances.
(a) Rigorous imprisonment from
10- 20 years.
22. OFFENCES AND PENALTIES
(b) Illegal import or export or external dealings in narcotic
drugs or psychotropic substances.
(b) Fine between Rs. 1 to 2 lakhs or more.
(c) Allowing use of premises, vehicles etc. for commission of
an offence under the Act.
(d) Embezzlement of opium by licensed cultivators.