Narcotic Drugs and Psychotropic Substances Act, 1985

Narcotic Drugs and Psychotropic Substances Act, 1985

Contents of This Chapter

•       Introduction to NDPS act

•       Objective of the NDPS Act

•       Legal Definitions of different Narcotic and Psychotropic substances

•       The NDPS consultative committee

•       Prohibition, control and regulation  by Central Government

•       Prohibition, control and regulation  by State Government

•       Offences and Penalties

Intended learning outcomes

•       At the end of this lecture, student will be able to

-          Describe the importance of Narcotic Drugs and psychotropic substances ACT, 1985

-          Illustrate the Objectives of Narcotic Drugs and psychotropic substances ACT, 1985

-          Define the Narcotic and psychotropic substances

-          Describe the Consultative Commitee of Narcotic Drugs and psychotropic substances ACT, 1985

-          Illustrate prohibition, control and regulation of Narcotic Drugs and psychotropic substances ACT, 1985

-          Explain the offences and penalties  in connection with Narcotic Drugs and psychotropic substances ACT, 1985

Introduction

•       India had no legislation regarding narcotics until 1985. 

•       Cannabis and its derivatives (marijuana, hashish/charas and bhang) were legally sold in India until 1985, and their recreational use was commonplace

•        Consumption of cannabis was not seen as socially deviant behaviour, and was viewed as being similar to the consumption of alcohol

•        Ganja and charas were considered by upper class Indians as the poor man's intoxicant, although the rich consumed bhang during Holi

•       The United States began to campaign for a worldwide law against all drugs, following the adoption of the Single Convention on Narcotic Drugs in 1961

•       However, India opposed the move, and withstood American pressure to make cannabis illegal for nearly 25 years

•        American pressure increased in the 1980s, and in 1985, the Rajiv Gandhi government succumbed and enacted the NDPS Act, banning all narcotic drugs in India

•       State regulation and community tolerance ceased after the enactment of the Narcotic Drugs and Psychotropic Substances Act (NDPS) in 1985, which created a restrictive regime around drugs

•       Clampdown on cannabis and opium in the late 1980‟s purportedly triggered more dangerous use – chasing and injecting heroin and other opioids

•       Narcotic Drugs and Psychotropic Substances Act   is popular as  NDPS Act

•        It was passed to tackle an important social problem: drug trafficking

Objectives

•       To consolidate and amend the existing laws related to Narcotic Drug

•       To make stringent provisions for the control and regulation of operation

•       To enhance the penalties for trafficking offences

•       To make provisions for the implementation of International Conventions relating to NDPS to which India is a party

Definitions

Cannabis

-          Charas, the separated resin, obtained from the cannabis plant, includes concentrated preparation and resin  known as hashish oil or liquid hashish

-          Ganja, the flowering fruiting tops of the cannabis plant, excludes the seeds and leaves when not accompanied by the tops

-          Any mixture, with or without any neutral material, or any of the above forms of cannabis or any drink prepared from it

Coca Derivatives

-          Crude cocaine, any extract of coca leaf, which can be used for manufacture of cocaine

-          Ecgonine and all derivatives of ecgonine

-          Cocaine, i.e, methyl ester of benzonyl-ecgonine and its salts

-          All preparations containing more than 0.1% of cocaine

Controlled substances: means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or Psychotropic substances or to the provisions of any International Convention, by notification in the official gazette, declare to be a controlled substance

Illicit traffic

-          Cultivating or gathering any portion of any coca plant

-          Cultivating the opium poppy of any cannabis plant

-          Engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import or export inter-state, import into India , export from India or transhipment of NDPS

-          Dealing in any activities in NDPS other than those referred above

-          Handling or letting out any premises for carrying out the above activities

Manufacture

-          -All processes other than production by which such drugs or substances may be obtained

-          -Refining of such drugs or substances

-          -Making or preparation containing such drugs or substances

Manufactured Drugs

-          All coca derivatives, medicinal cannabis, opium derivatives and poppy concentrate

-          Any other preparation which the Central Government may by notification declare to be a manufactured drug

-          Medicinal Cannabis or medicinal hemp means any extract or tincture of cannabis

-          Narcotic Drugs means coca leaf, cannabis, opium straw and includes all manufactured goods

Opium Poppy

-          The plant of the species Papaver somnifera L

-          The plant of the any other species of Papaver from which opium or any other phenanthrene alkaloid can be extracted

Opium

-          The coagulated juice of opium poppy

-          Any mixture, with or without any neutral material, of the coagulated juice of the opium poppy

Poppy Straw means all parts of the opium poppy after harvesting whether in their original or cut, crushed or powdered and whether or not juice has been extracted thereform

Poppy Straw Concentrate means the material arising when poppy straw has entered into a process for the concentration of its alkaloids

Opium Derivatives

-          Medicinal opium, that is opium which has undergone the processes necessary to adapt it for medicinal use in powder form or granulated form

-          Prepared opium, that is any product of opium designed to transform opium into extract suitable for smoking and other residue remaining after smoking

-          Phenanthrene alkaloids, namely morphine, codeine, thebaine and their salts

-          Diacetylmorphine, the alkaloid also known as dia-morphine or heroin and its salts

Psychotropic Substances means any substance, neutral 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

Licensed cultivation, production and sale of Opium

•       Legal cultivation of opium for medicinal purposes is carried out in India, only in selected areas, under a license granted for the purpose

•        Legal cultivation for medical use is permissible within the ambit of United Nations, Single Convention on Narcotic Drugs 1961

•       Some place where opium is grown are Chittourgarh in Rajasthan; Mandsaur, Ratlam, Neemuch in Madhya Pradesh; and Barabanki, Bareilly, Lucknow & Faizabad in Uttar Pradesh.

A. Cultivation of Opium poppy

•       Each year the Central Government notifies the selected tracts where such cultivation will be permitted, and the general conditions for eligibility of the licence.

•       The essential condition for issue of licence is, fulfillment of minimum qualifying yield (MQY) criterion, specified in number of kilogrammes per hectare

•       Cultivators who have tendered at least this quantity in the previous year are eligible for licence

•       The licence among other conditions, specifies the maximum area in which the opium crop can be sown

•       The crop year starts from 1 September and ends on 30 October each year. 

•       Officers of CBN (CENTRAL BOARD OF NARCOTICS)  measure each field and exercise controls to ensure that no excess cultivation takes place

•       The licenses are granted by the District Opium officers (DPO)

•       The licenses granted by DPO can be cancelled or withdrawn by higher officers

•       The DPO will designate one of the licensed cultivators as Lambardars who may discharge duties as specified by the Narcotics Commissioner

•       If any opium is cultivated without license or under a cancelled license, the crop will be destroyed

•       The extraction of opium takes place during the months of February and March

•        Farmers still use the traditional method where they lance each poppy capsule manually with a special blade like tool, a process known as lancing

•        The lancing is done in late afternoon or evenings.

•        The opium latex which oozes out and congeals in the night is scraped and collected manually the next morning

•        Each poppy capsule is given three to four lancings.

B. Production of Opium

•         Cultivators during harvesting should take each days collection to the Lambardar for weighing and entry in records

•       The records are jointly attested each day by the Lambradar and the cultivator

•       These records may be checked during inspections

•       Any discrepancy between quantity produced and quantity entered, could lead to an enquiry and lead to punishment

•        All opium produced has to be delivered to the DPO who will weigh, examine and classify the same

•       A cultivator who is dissatisfied with the classification can have the opium forwarded to the Government Opium and Alkaloid  factory where it will be classified by the factory’s general manager

•        If the DPO suspects that any opium sent to him is adulterated, he may collect the samples, seal it in the presence of the Lambardar and the cultivator and send it seperately to the government factory for analysis

•       Adulterated opium is liable for confiscation after giving a hearing to the cultivator

•       The price of the opium is fixed from time to time by the central government

C.  Manufacture of opium  

•        Only central govt. can manufacture opium at its two factories at Ghazipur and Neemuch

D.      Sale of opium  

•        Sale of opium to the state government or manufacturing chemists can be made only from the factory at Ghazipur

•       Manufacturing chemists should obtain a permit from State govt.  - three copies of which are sent to the opium factory

Manufacture of manufactured drugs and psychotropic substance

•       Manufacture should be conducted in accordance with a license granted by the Narcotics Commissioner or any other officer authorized by the central govt.

•       License will be issued only to those persons holding license for the manufacture of drugs under the Drugs and Cosmetics Act 1940

•       A security deposit of Rs. 10,000 should be paid

•       The quantities manufactured cannot exceed the limits permitted by the licensing authority

•       The licensee also has to ensure adequate security in the premises

•       15 days’ notice should be to the govt. before commencement of manufacture and one month notice before cessation

•       True accounts of all transactions should be maintained and returns submitted to the Narcotics commissioner

•       Sale and distribution has to be done in accordance with the rules made by the state government

Administration of NDPS act

1. Narcotics Comissioner
2. The Narcotic Drugs and Psychotropic Substances Consultative Committee
3. Deaddiction centres

The Narcotic Drugs and Psychotropic Substances Consultative Committee

•       The Central Government may constitute and advisory committee to advise it on matters related to the act

•       The committee shall consists of a Chairman and such other members, not exceeding twenty

•       It shall meet when required to do so by the Central Government and shall have the power to regulate its own procedure

•       The committee may constitute sub-committee/s for the efficient discharge of functions, and may appoint new members

•       All rules pertaining to the committee are made by the Central Government

•       The members of the Committee shall be appointed by the Central Government

•        No member shall be appointed to the Committee unless he or she is willing to serve on it

•        Casual vacancies in the Committee, caused due to resignation or otherwise of non-official members, shall be filled from amongst persons of eminence possessing expertise and background in the field of drug abuse prevention; but shall, as far as possible, be sponsored by the Ministries concerned of the Government of Jammu and Kashmir.

•       The term of official members of the Committee shall be ex -officio

•        The term of non-official members of the Committee shall, unless extended or otherwise, be for a period of three years.

•       The period of extension shall not be for more than a year at a time, subject, however, to a maximum of 2 years.

•       The Minister for Finance or Minister of State in the Ministry of Finance (in-charge of Department of Revenue) shall be the Chairman of the Committee

•       If the Chairman is, for any reason, unable to act, the Committee shall choose any other member to act as Chairman for that sitting

•       The Committee may appoint Sub-Committees-whether generally or for consideration of any particular matter.

•       The Sub-Committees, to be appointed for the purpose, shall be as follows:

a.       a Sub-Committee, to be headed by Secretary in the Department of Revenue for looking into the various aspects of enforcement, and

b.      a Sub-Committee, to be headed by Secretary in the Ministry of Health and Family Welfare for looking into the various aspects of deaddiction treatment, rehabilitation, social reintegration of drug addicts and other connected matters

•       The Sub-Committees shall be assisted by the Director General, Narcotic Control Bureau and the Medical Superintendent Safdarjung Hospital, New Delhi, who shall act as Member-Secretaries of the respective Committees

•        The Committee may, if it deems necessary so to do for the efficient discharge of any of its functions, constitute more sub-committees for the purpose, and may appoint to any such subcommittee, any person (including a nonofficial) who is not a member of the Committee.

Prohibition, Control and Regulation

•       The following operations are prohibited under the NDPS Act

-          Cultivation of any coca plant or gathering of any portion of coca plant

-          Cultivation of opium poppy or any cannabis plant

-          Production, manufacture, possession, sale, purchase, transportation, warehousing, consumption, import, export, etc. of any NDPS substances

Power of Central government

1. The Central government may, by rules, permit and regulate:

-          The cultivation of or gathering of any portion of coca plant, or the production, possession, sale, purchase, transport, import, export, use or consumption of cocoa leaves

-          The cultivation of opium poppy

-          The production and manufacture of the opium and production of poppy straw

-          Cultivation of cannabis plant for industrial purpose

-          The sale of opium and opium derivatives from the Central Government factories for the export from India or sale to the State Government  or to manufacturing chemists

-          The manufacture, possession, transport, import, import inter-state, export, sale, purchase, consumption or use of Psychotropic  substances

-          The import into India and export from India and transhipment of Narcotic drugs and Psychotropic substances

 

 

2. The central government may by rules, prescribe any other matter required to render effective the control of the Central Government over any of the matter specified above

-          The central government may permit, with or without conditions, and on its behalf, the cultivation of any coca plant or gathering of any portion thereof or the production, possession, sale, purchase, transport, import interstate, export inter stae, or import into India  of coca leaves for use in the preparation of flavouring agents

Power of State Government

1.       The state Government may by rules permit or regulate ;

-          The possession, transport, import inter-state, export inter-state, warehousing, sale, purchase, consumption and use of poppy straw

-          The possession, transport, import inter inter-state, export inter-state, warehousing, sale, purchase, consumption and use of opium

-          The cultivation of any cannabis plant, production, manufacture, possession, transport, import inter inter-state, export inter-state, sale, purchase, consumption and use of cannabis

-          The manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess

-          The possession, transport, purchase, sale, import inert-state, export inert-state, use or consumption of manufactured drugs other than prepared opium and of coca leaf and any preparation containing any manufactured drug

-          the manufacture and possession of prepared opium lawfully possessed by an addict registered with the State Government on medical advice for his personal consumption

Offences and Penalties

•       Offences punishable with rigorous imprisonment for 10 to 20 years and a fine of not less than one lakh rupees on first conviction and with rigorous imprisonment for 15 to 30 years and a fine of not less than two lakh rupees on second and subsequent conviction :

a.       Contravention of provisions of the act or rules

b.      Embezzlement of opium by cultivator

c.       Illegal import to India, export from India or transhipment of narcotic drugs and psychotropic substances

d.      External dealings in narcotic drugs and psychotropic substances

e.      Allowing use of premises, conveyance etc., for commission of an offence under the Act

f.        Financing illicit traffic and harbouring offenders

•       Death penalty for certain offences after previous conviction :

-          If any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences listed above, is subsequently convicted of similar offences with respect to the narcotic drugs or psychotropic substances specified and which is equal to  or more than the quantity specified in this behalf, shall be awarded death penalty

•       Offences punishable with rigorous imprisonment upto 5 years and fine upto 50,000 rupees on first conviction and with rigorous imprisonment upto 10 years and fine upto 1 lakh rupees on second and subsequent conviction

a.       Contravention of the provisions in the Act or Rules in respect of cannabis plant and cannabis related to ganja

•       Offences by licenses or their employees punishable with imprisonment upto 5 years or fine or both:

a.       Failure without any reasonable cause, to maintain accounts or to submit any return in accordance with the provisions of this Act

b.      Failure to produce, without any reasonable cause, licence, permit or authorisation on demand by an authorised person

c.       Keeping of false accounts or making of false statements

d.      Wilful and deliberate indulgence in breach any of the conditions of licence, permit or authorisation for which no penalty has been provided elsewhere in the Act

•       Offences punishable with imprisonment upto 1 year or fine or both

-          Illegal possession in small quantities for personal consumption or consumption of cocaine, morphine, diacetyl morphine or any other narcotic drug or psychotropic substances specified in this behalf

•       Offences punishable with imprisonment upto 6 months or fine or both

-          Illegal possession in small quantities for personal consumption or consumption of substances other than those mentioned above

-          Offences for which no penalty is provided separately in the Act

•       Punishment for attempt to commit offence

-          Same as that of commitment of the offence itself

•       Punishment for abetment of criminal conspiracy

-          Same as that of commitment of the offence itself

•       Punishment for preparation of an offence but where circumstances have prevented the commitment of the offence itself

-          Half of that for the commitment of the offence itself

•       Punishment of offences by companies

-          The court have been empowered to impose a fine higher than the maximum provided under the Act

-          The reason for imposing such a fine has to be recorded in the judgement

-          Persons who are convicted outside India for similar offences are liable to enhanced punishment for subsequent offences  of the same kind in India

Summary

•       NDPS Act, as it is known popularly, is meant to face a very important social problem: drug trafficking

•       Charas, the separated resin, obtained from the cannabis plant, includes concentrated preparation and resin  known as hashish oil or liquid hashish

•       Illicit Traffic is engaging  in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import or export inter-state, import into India , export from India or transhipment of NDPS

•       Medicinal opium, that is opium which has undergone the processes necessary to adapt it for medicinal use in powder form or granulated form

•       Poppy Straw  means all parts of the opium poppy after harvesting  whether in their original or cut, crushed or powdered and whether or not juice has been extracted therefrom

•       The Central Government may constitute and advisory committee to advise it on matters related to the act

•       The committee shall consists of a Chairman and such other members, not exceeding twenty

•       The following operations are prohibited under the NDPS Act

-          Cultivation of any coca plant or gathering of any portion of coca plant

-          Cultivation of opium poppy or any cannabis plant

-          Production, manufacture, possession, sale, purchase, transportation, warehousing, consumption, import, export, etc. of any NDPS substances

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