History , Objectives , Legal definitions , Schedules to the act , Offences and Penalties , Control and Regulations , Consultative Committee

1. THE NARCOTIC DRUGS
AND PSYCHOTROPIC
SUBSTANCESACT AND
RULES ,1985
SUBMITTED BY : Sakshi Jaiswal
Pharm.D IIIrd yr

2. INTRODUCTIO
N
■ The Narcotic Drugs and Psychotropic
Substances Act, 1985, commonly referred to
as the NDPS Act, is an Act of the Parliament
of India that prohibits a person to
produce/manufacture/cultivate, possess, sell,
purchase, transport, store, and/or consume
any narcotic drugs or psychotropic
substance.

3. HISTORY
■ Coca opium and related substances are habit forming and these are
called dangerous drugs.
■ The cultivation of poppy plant ( Papaver somniferum) was brought
under control in 1857 and was supplemented by opium act 1878 and
by the central opium rules 1934.
■ Amended subsequently in 1950, 1957 and 1962.
■ To tackle the drug abuse globally two conventions were held in
Geneva on sep 27, 1924 and feb 19, 1925 in acc with the assembly
of league of nations and adopted what is known as Geneva
convention.
■ Then dangerous drugs act was enacted to centralize and vest in the
central govt the control over certain operations relating to dangerous
drugs.
■ Also to increase and render uniform penalties for offences.

4. AIMS and OBJECTIVES
■ Act imposes certain restrictions on the cultivation,
manufacture and trade of dangerous drugs.
■ International conventions were held in 1961, 1971 and
1972 on narcotic and psychotropic drug substances.
■ The Narcotic Drugs & Psychotropic Substances Act and
rules was enacted in India on 16th sep, 1985.
■ It states that “ to consolidate and amend the law relating to
narcotic drugs, to make stringent provisions for the control
and regulation of operation relating to narcotic drugs and
psychotropic substances and concerned matters”.

5. ■ Prevention of illicit traffic in NDPS Act was
passed in 1988.
■ Ultimate objective of all these is to prevent
people becoming addict to drugs and have
healthy social life .
■ WHO recommendation cigarettes and other
tobacco products Act, 2003 was framed.

6. DEFINITIONS
1. Narcotics medical definition: a drug (as codeine,
methadone/morphine) that in moderate doses dull the senses, relieve
pain, and induces profound sleep but in excessive doses causes stupor,
coma, or convulsions.
2. Psychotropic drug: any drug capable of affecting the mind, emotions,
and behavior. Some legal drugs, such as lithium for bipolar disorder: are
psychotropic.
3. Many illicit drugs, such as cocaine, are also psychotropic also known
as psychodynamic drug/substance.
4. Addict: means a person who has dependence on any narcotic drug and
psychotropic substance.
5. Board: means the central board of excise and customs committee
under the central boards of revenue act, 1963(54 of 1963).

7. 6. Cannabis (hemp)
❖ Charas: separate resin, in whatever form, whether crude /purified. Obtained from cannabis
plant. Also includes preparation and resins known as hashish oil/liquid hashish.
❖ Ganja: flowering /fruiting tips of cannabis plant, by whatever name, may be known/designated.
❖ Any mixture with or without neutral material.
7. Cannabis plant: genus cannabis.
8. Central government factories: owned by central government.
9. Coca derivative: crude 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.
❖ Medicinal opium: used for medicinal purpose according to standards.
❖ Opium poppy: the plant species papaver somniferum.
❖ Poppy straw: all parts of the opium poppy after harvesting whether in original form
/cut/juice/powdered/extracted.

8. IILICIT TRAFFIC/PREVENTION OF ILLICIT TRAFFIC IN
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
1. Cultivating any coca plant or gathering any portion of coca plant.
2. Cultivating the opium poppy or any cannabis plant.
3. Engaging in the production,manufacture,possession,sale,purchase, transportation,
warehousing concealment,(hiding) use of consumption ,inter-state import,inter-state export,
import into India, export from India or trans-shipment of narcotic drugs or psychotropic
substances.
4. Dealing in narcotic drugs ,psychotropic substances.
5. Handling or letting any premises for use for any of the purpose referred in (1-4)
6. Financing any activity by himself or through any other person in the furtherance or in support
of doing any of the aforesaid acts.
7.Harbouring (give shelter) persons engaged in any of the above said activities.
8 Abetting(encourage/assist)or conspiring(planning secretly) in the furtherance or in support of
doing any of the aforesaid acts except to the extent permitted under the Narcotic Drugs and
Psychotropic Substances Act 1985, or any rule or order made, or any condition of any
licence,permit or authorization issued, thereunder

9. Authorities and officers
■ Narcotic commissioner and other officers are appointed by the
central govt.
■ They exercise all the powers and perform all functions relating to
the cultivation and production of opium.
■ And will also exercise power and functions given by govt to them.
■ Under the act the state govt can appoint such officers.
■ Other provisions:
 The NDPS consultative committee is constituted -
Constituted for efficient administration of this Act by the Central
Government as an advisory committee • Consists of Chairman
and not more than 20 members.
 Formation of national fund for control of drug abuse

10. PROHIBITION, CONTROL AND REGULATION
SECTION 8 :
■ Prohibition of certain operations:
(a) 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 and in the manner and to the extent provided
by the provisions of this Act or the rules or orders made there under and in a
case where any such provision, imposes any requirement by way of license,
permit or authorization also in accordance with the terms and conditions of
such license, permit or authorization.
(d) For ganja also above all operations prohibited.

11. ■ 9(A) Power of Central and State Government to permit, control and
regulate: Subject to the provisions of section 8, the Central Government may,
by rules
May permit and regulate:
❖ the cultivation, or gathering of any portion (such cultivation or gathering being
only on account of the Central Government), or the production, possession, sale,
purchase, transport, import inter-State, export inter-State, use or consumption of
coca leaves and opium poppy and cannabis plant and medicinal opium or any
narcotic and psychotropic drugs.
❖ Fix the limits and licenses from time to time.
■ Restrictions over external dealings in narcotic drugs and psychotropic
substances.
■ Special provisions relating to coca plant and coca leaves for use in the
preparation of flavoring agent.
■ Special provision relating to cannabis.

12. CONTROL ON CERTAIN OPERATIONS BY CENTRAL GOVERNMENT
 Empower the Central Government to fix from time to time the limits within
which licences may be given for the cultivation of the opium poppy;
 require that all opium, the produce of land cultivated with the opium poppy,
shall be delivered by the cultivators to the officers authorized in this behalf by
the Central Government.
 prescribe the forms and conditions of licences for cultivation of the opium
poppy and for production and manufacture of opium ;the fees that may be
charged there for; the authorities by which such licences may be granted,
withheld, refused or cancelled and the authorities before which appeals
against the orders of withholding, refusal or cancellation of licences shall lie.
 prescribe that opium shall be weighed, examined and classified according to
its quality and consistence by the officers authorized in this behalf by the
Central Government in the presence of the cultivator at the time of delivery by
the cultivator;
 provide for the weighment, examination and classification, according to the
quality and consistence, of the opium received at the factory and the
deductions from examination, classification, deductions or additions shall be
made and the authorities before which appeals against such decisions shall lie

13. Manufacture of manufactured drugs:
■ Morphine, dihydro-morphine, codeine, dihydro codeine and salts are
manufactured at govt factory, Ghazipur.
■ Manufacture of crude cocaine, cocaine salts, ecgonine,
diacetylmorphine and its salt is prohibited.
■ Manufacturing of cocaine and its salt is prohibited, except cocaine
hydrochloride which can be prepared from confiscated cocaine only .
■ Medicinal hemp manufacture shall be under licence issued by chief
excise authority of the state govt.
■ Manufacture of synthetic drugs is prohibited, except it is under the
authorized license granted by narcotic commissioner on govt behalf.

14. Schedules
• Gives list of psychotropic drugs ( 76 subs along with salts and preparations)
• Rule has got 4 schedules and 7 forms. Rule was amended in 1992.
 Schedule I: List of NDs and PSs whose manufacture possession, transport,
export, import, sale, purchase, consumption or use is prohibited.
Total 41 are listed:
ND – coca, cannabis, heroin, etrophine.
PS – lysergide, bromazepam, camazepam, haloxazolam, tetrazepam.
 Schedule II: Subs under this can be imported or exported under authorized
license in form 4 or form 5 respectively.
45 drugs are listed like lysergide, amphetamine, amobarbital, cyclobarbital,
pentobarbital, pentazocine, tenocyclidine, eticyclidine.
 Schedule III: List of drugs which require special complaince for export after
obtaining permission in form 5.
 Schedule IV: 22 NDs and PSs, which export is prohibited to certain countries
specified in the schedule.

15. Offences and penalties
 For contravening any provisions of the act or rules imprisonment for 10 to 20
yrs and fine from one lakh to two lakh rupees can be imposed.
 In certain cases rigorous imprisonment will be 15 to 30 yrs and fine from 1.5
lakh to 3 lakh.
 Illegal possession of cocaine, morphine punishable with imprisonment upto
one yr or fine or both.
 Failure to keep accounts or submit returns as required by law, punishable law
imprisonment for 6 months and fine.
 Failure to produce records, license, permit , authorization etc., on demand by
the authorized persons, punishable with imprisonment upto 5 yrs or fine or
both.
 Persons who are convicted outside India for a offence will be liable to
enhanced punishment for subsequent offence of such kind.
 Substances with which offence can be committed will be seized.