Unit-3 -NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT AND ITS RULES 1985 [NDPS ACT]

 

Introduction

This act has superseded the earlier Opium Act of 1857 and the Dangerous Drugs Act of 1930 in order to include all the three types of Narcotic drugs mainly ‘opium’, ‘coca’ and ‘hemp’ [cannabis] but also a number of psychotropic substances so as to prevent and control the abuse and illicit trafficking of these drugs by smugglers for selling them within the country and foreign countries for recreational purpose at a very high price rather than using them for medicinal purpose. To impose strict rules and regulations for their production, manufacture, import, export, distribution and sale and also to impose stringent punishment for any offences committed under this act.

 Definitions 

1. Narcotic drugs - These are defined to include opium, coca and hemp or cannabis including any of their salts and derivatives. 

2. Psychotropic substances - These are defined to include any substances or drugs obtained either naturally or synthetically which are used for the treatment of various psychological disorders and listed separately under schedule ’X’ of Drugs and Cosmetics Act 1940. Ex: amobarbital, Phenobarbital, amphetamine, methamphetamine, dexamphetamine, etc. 

3. Opium - It is the coagulated juice obtained in the form of a solid from the species of papaver somnyferum fruits containing not less than 0.2% of morphine. 

4. Coca [coca leaves] - These are the leaves obtained from the species of ‘erythroxylon coca lymk ‘containing not less than 0.1 percent of cocaine and ecgonine.

 5. Hemp [ cannabis ] - It is obtained from the species of ‘ cannabis sativa ‘ in the form of a resin called ‘charas’ or’ liquid hashish’ or ‘hashish oil’ or ‘ganja’ obtained from its flowering and fruiting tops or any other mixture or powder or liquid or an extract obtained from this plant.

6. Opium derivatives - These are defined to include (a) Medicinal opium, (b) prepared opium , (c) phenanthrene alkaloids like morphine hydrochloride , codeine , thebaine etc, (d) di-acetyl morphine [heroin ] and its salts and any other preparations containing more than 0.2 percent of morphine. 

7. Manufactured drugs - These are defined to include all types of coca derivatives, opium derivatives and medicinal hemp and any other narcotic drugs declared by central government as manufactured drugs. 

8. Illicit trafficking - It includes cultivation and production of coca plants or opium plants or cannabis plants and engaging , handling , financing , helping other persons , providing their lands , buildings , vehicles , godowns or conspiring with others in purchasing, transporting or smuggling through interstate or international movement of any of the narcotic drugs and psychotropic substances illegally or without a license by any person.

Narcotic Drugs and Psychotropic Substances Consultative Committee

The Central Government shall constitute a committee in the above name comprising not more than 20 members including a chairman by nomination.

The function of this committee is to advise and suggest the central government and the state governments on the matters relating to smooth and uniform administration of this Act throughout the country. 

Prohibited and Controlled Operations of Narcotic Drugs and Psychotropic Substances

These are classified into three types as follows:- 

I. Operations of Narcotic drugs and Psychotropic Substances which are totally prohibited.

1) Cultivation, collection and production of coca plants or papaver (opium) and cannabis plants.

2) Production, manufacture, procession, purchase, sale, transportation, warehousing, import/export of any of the Narcotic drugs and Psychotropic substances including that of manufactured drugs except for scientific or for medicinal purpose with a license or a permit.

 II. Operations of Narcotic drugs and Psychotropic Substances which are controlled by Central Government.

1) Cultivation, collection and production of opium and coca leaves including their derivatives.

2) Possession, sale, warehousing, transportation, etc. of opium and coca.

3) Manufacture of “manufactured drugs”.

4) Manufacture, possession and sale of any Psychotropic substances.

5) Import and export of all the types of Narcotic drugs and Psychotropic substances.

Such operations can be carried out only on obtaining a permit from the Central Government. 

III. Operations of Narcotic drugs and Psychotropic Substances which are controlled by the State Governments.

1) Cultivation, collection and production of cannabis (hemp).

2) Possession, sale, warehousing, transportation and inter-state movement of opium and cannabis.

3) Possession and sale of “manufactured drugs” other than prepared opium and coca leaves.

4) Possession and sale of Psychotropic substances.

Such operations can be carried out only on obtaining license or a permit by the State Government.

Cultivation of Poppy plants and production of Opium

Cultivation of Poppy plants for the production of opium is permitted only in certain parts of north India like U.P, Jharkhand, Uttarakhand, Himachal Pradesh, Rajasthan, Gujarat, etc. on a permit issued by the Central Government which can be carried out only on behalf of the Central Government.

The Central Government shall appoint or constitute the Central and State Narcotics Department to control and regulate the operations relating to the Narcotic drugs and Psychotropic substances having Narcotic Commissioners, District Opium Officers and other officials in all the states.

Any person who wishes to cultivate poppy plants should submit an application in a prescribed form along with the prescribed fees and necessary documents. The following information should be provided in the application:-

1) Full name, Father’s name, age, residential address.

2) The location, address and survey no. of the land.

3) Whether the land is owned or leased along with necessary documents.

4) Exact (total) area of the land in which he wishes to cultivate the plants.

5) Any other information as required under the Act.

On receiving such applications the District Opium officer shall inspect the land and the records produced and if found correct shall issue a license or a permit within a specified period for that year’s cultivation only. He shall also appoint a “lambardar” or a supervisor to supervise the cultivation.

On receiving the permit/license the licensee shall fulfil the following conditions for the production of opium:-

1) He shall start the cultivation of the poppy plants in the entire land for which the permit has been issued (that is either in less or more land).

2) However if he wants to increase or decrease the area of cultivation, he should inform the same to the District Opium Officer and obtain a written permission from him.

3) “Lambardar” or the Supervisor has to supervise the process of cultivation carried out by the licensee at regular intervals so as to satisfy himself that the cultivator or the licensee is not misusing the permit for cultivating the crop.

4) Licensee should neither take out nor consume or sell any quantity of poppy or opium to any third person.

5) When the crop is ready for harvesting the licensee should extract the juice of opium from the ripened fruits of poppy plants by making specific longitudinal incisions on each fruit with a special type of knife in the early morning everyday so that the juice/resin comes out of the incisions of the fruit and gets collected on the outer parts of each fruit.

6) By evening on each day he shall start collecting the resin (semisolid) from the fruits and make them into either round shaped lumps or cubicle shaped blocks each of a thumb size.

7) The collected or the extracted opium should be then transferred immediately on the same day to the nearest warehouse established by the Narcotics Dept. in that area.

8) The person or the supervisor in charge of the warehouse shall check for the quality, weigh that opium exactly and issue a receipt/acknowledgement to the cultivator.

9) When all the quantity of the opium so produced is handed over to the officer in charge of the warehouse, the officer, shall mention the total quantity of the opium received and make payment of at least of 75% of the value of the rate/cost fixed by the Central Government to the cultivator immediately.

10) Licensee or the cultivator should fulfil any other conditions mentioned in the permit or under the Act.

11) The total quantity of the opium so received by each cultivator is separately packed, sealed and sent to the chemical examiner of the Government Opium Factory situated in Nimuch or Ghazipur in U.P.

12) The chemical examiner (analyst) shall test a sample of each cultivator’s opium supplied and classify them into three grades namely “A”, “B” and ”C” and forward the report to the officer in charge of the warehouse from where the opium was received.

13) According to the report submitted by the chemical examiner and depending on the grade of the opium supplied by the cultivator, the remaining amount is paid to him within a specified period.

14) If the cultivator feels aggrieved of the grade and the amount paid to him may approach the Central Government and the decision of the Government is final.

15) Opium so received by the Government Opium Factories is exclusively supplied for the licensed manufacturers of drugs or for any scientific purpose only.

 

 

Powers and Duties of Narcotics Department Officers (Similar to the powers and duties of excise officers as explained under M and TP Act)

Offences and penalties

1) Any person who cultivates, produces, stocks, sells, or involves himself in any of the illicit trafficking of opium and coca or their derivatives including that of “manufactured drugs” is liable to be punished with rigorous imprisonment of 10 years and a fine up to Rs. one lakh on the first conviction which may extend up to 20 years and a fine up to Rs. two lakh on the subsequent conviction.

2) Any person who cultivates cannabis plant without a license or involves himself in its illicit trafficking is liable to be punished with a rigorous imprisonment of 5 years and Rs. fifty thousand on the first conviction which may extend up to 10 years of imprisonment and a fine up to Rs. one lakh including for manufacturing, producing and selling “ganza”, “charas”, “bhang”.

3) Any person who involves himself in any of the illegal activities of “Psychotropic Substances” is also liable to be punished in a similar manner to that of illegal activities related to opium and coca.

4) Similarly any person who is involved in illegal import or export or transhipment of any Narcotic Drugs and Psychotropic Substances is also liable to be punished within a imprisonment of 10 years which may extend up to 20 years along with fine ranging from Rs. one lakh to Rs. two lakh.

5) If any person is found and proved of committing similar type of offences repeatedly may even be punished with an imprisonment of up to 30 years.

6) For possessing small quantities of Narcotic Drugs and Psychotropic Substances (Such small quantities are listed separately for each drug): If any person is found and proved of possessing small quantities of any Narcotic Drugs or Psychotropic Substances except for medicinal purpose is liable to be imprisoned up to six months which may extend upto one year on the subsequent conviction.