The Narcotic Drugs and Psychotropic Substances Act, 1985
Table Of Contents -
- Legislative History, Object and Definitions
- Authorities and Officers
- Prohibition, Control and Regulation of Narcotic Drugs and Psychotropic Substances
- Offences and Punishments
- Procedure under Act
1. Legislative History, Object and Definitions
The Narcotic Drugs and Psychotropic Substances Act, 1985 is
an important piece of legislation in India that aims to regulate and control
operations relating to narcotic drugs and psychotropic substances. Here is a
brief overview of its legislative history, objectives, and key definitions:
1)
Legislative History:
The Narcotic Drugs and Psychotropic Substances Act, 1985,
was enacted by the Indian Parliament to fulfill India's obligations under the
Single Convention on Narcotic Drugs, 1961, the Convention on Psychotropic
Substances, 1971, and the United Nations Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances, 1988. This act was introduced to
strengthen the legal framework for the control and regulation of narcotic drugs
and psychotropic substances in India.
2)
Objectives:
The primary objectives of the Narcotic Drugs and
Psychotropic Substances Act, 1985, are as follows:
(1)
Control and Regulation: The Act aims to
control and regulate the operations relating to narcotic drugs and psychotropic
substances to prevent their misuse, abuse, and diversion for illegal purposes.
(2)
Prevention of Drug Abuse: It seeks to
prevent the abuse of narcotic drugs and psychotropic substances and the illicit
trafficking of these substances.
(3)
International Compliance: The Act aligns
with India's international obligations under various international conventions
and treaties, including the Single Convention on Narcotic Drugs, 1961, and the
Convention on Psychotropic Substances, 1971.
(4)
Treatment and Rehabilitation: It emphasizes the need for the treatment,
rehabilitation, and social reintegration of individuals addicted to narcotic
drugs and psychotropic substances.
3)
Key Definitions:
The Act provides specific definitions for various terms,
some of which include:
(1)
Narcotic Drugs: These are substances
derived from the opium poppy, such as opium, morphine, heroin, and substances
synthesized from them.
(2)
Psychotropic Substances: These are
substances other than narcotic drugs that can affect the central nervous
system, leading to changes in behavior, perception, mood, consciousness, or
cognition. Examples include LSD, MDMA, and certain prescription medications.
(3)
Manufacture: This term refers to all
processes involved in the production, preparation, extraction, and transformation
of narcotic drugs and psychotropic substances.
(4)
Cannabis Plant: It includes all parts of
the plant Cannabis sativa, from which the resin has not been extracted,
including the plant itself, resin, and any mixture or preparation made from it.
(5)
Illicit Trafficking: This covers various
activities related to the illegal transport, import, export, sale, purchase,
possession, use, storage, warehousing, concealment, use of premises, and
dealing in narcotic drugs and psychotropic substances.
(6)
Punishment: The Act prescribes strict
penalties, including imprisonment and fines, for offenses related to the
illicit trafficking, production, and possession of narcotic drugs and
psychotropic substances.
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2. Authorities and Officers
Section 4 - Central Government's Responsibilities:
(1) Objective: The Central
Government is tasked with taking necessary steps to prevent and combat the
abuse of narcotic drugs and psychotropic substances, as well as the illicit
traffic associated with them, while ensuring their appropriate medical and
scientific use.
(2) Specific
Measures: To achieve this objective, The
Central Government can take various measures, including coordination,
compliance with international conventions, and assistance to foreign
authorities.
Measures
encompass identifying, treating, educating, rehabilitating addicts and ensuring
the availability of drugs for medical and scientific use.
(3) Constitution of
Authorities: The Central Government has the authority to create one or more
authorities, as deemed necessary, through an official order published in the
Official Gazette. These authorities can exercise specific powers and functions
of the Central Government as mentioned in the order. They operate under the
supervision and control of the Central Government.
Section 5 - Officers of Central Government
(1)
Appointment of Officers: The Central
Government is responsible for appointing officers, including a Narcotics
Commissioner, and can give them specific titles as needed for enforcing this
Act.
(2)
Role of the Narcotics Commissioner: The
Narcotics Commissioner, along with subordinate officers, is in charge of
overseeing the cultivation of opium poppy and opium production. They also
handle other tasks assigned by the Central Government.
(3)
Control and Direction: The officers appointed
by the Central Government, as well as the Narcotics Commissioner, are
accountable to the Central Government. They may also follow the guidance of the
Board or other relevant authorities if directed by the Central Government.
Section 6 - The Narcotic Drugs and Psychotropic
Substances Consultative Committee
(1)
Formation of Committee: The Central
Government can create an advisory committee called "The Narcotic Drugs and
Psychotropic Substances Consultative Committee." This committee's purpose
is to offer advice to the Central Government regarding the administration of
this Act.
(2)
Composition: The Committee consists of a
Chairman and up to twenty other members, all appointed by the Central
Government.
(3)
Meeting and Procedure: The Committee
meets when the Central Government deems it necessary and can set its own rules
for how it operates.
(4)
Sub-committees: To efficiently carry out
its functions, the Committee can create sub-committees and invite individuals
(even non-members) to join these sub-committees for specific tasks or matters.
(5)
Terms and Rules: The rules governing the
Chairman, members, allowances, and the appointment of non-members to
sub-committees are determined by rules established by the Central Government.
Section 7 - Officers of State Government
(1)
Appointment of Officers: The State
Government can appoint officers and give them specific titles for the purpose
of implementing this Act.
(2)
Control and Direction: These appointed
officers work under the supervision and direction of the State Government. If
required, they may also be directed by other authorities or officers as
instructed by the State Government.
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3. Prohibition, Control and Regulation of Narcotic
Drugs and Psychotropic Substances
Section 8 - Prohibition of Certain Operations
1)
No one is
allowed to do the following unless it's for medical or scientific purposes and
follows the rules of this Act:
(1)
Cultivate coca
plants or collect parts of coca plants.
(2)
Cultivate opium
poppy or any cannabis plant.
(3)
Produce,
manufacture, possess, sell, purchase, transport, warehouse, use, consume,
import across states, export out of India, or tranship any narcotic drug or
psychotropic substance.
2)
Exception for Ganja: The prohibition for cultivating the cannabis plant
for making ganja, or its production, possession, use, etc., will only apply
from a specific date mentioned by the Central Government in an official
notification.
3)
Exception for Poppy Straw: The rules do not apply to the export of poppy
straw for decorative purposes.
Section 8A - Prohibition of Activities Involving Property Derived from
Offence
No one is allowed to:
(1)
Convert or
transfer property knowing it comes from an offense under this Act or a similar
law in another country to hide its illegal source or help someone commit an
offense or avoid legal consequences.
(2)
Hide or disguise
the true nature, source, or location of property knowing it comes from an
offense under this Act or a similar law in another country.
(3)
Knowingly
acquire, possess, or use property derived from an offense under this Act or a
similar law in another country.
Section 9 - Central Government's Power to Permit,
Control, and Regulate
(1)
Central Governments Authority: The
Central Government can create rules to allow and manage various activities related
to narcotic drugs and psychotropic substances, such as cultivation, production,
possession, sale, and transport.
(2)
Control Over Substances: These rules can
cover activities related to coca plant, opium poppy, opium derivatives, and
other substances. They can also include the possession, transport, sale, and
use of specific substances like poppy straw and psychotropic substances.
(3)
Ganja Exception: The rules can specify
the date when certain activities involving the cannabis plant (like making
ganja) will be prohibited, as decided by the Central Government and notified
officially.
(4)
Licensing and Fees: The rules can address
licensing, fees, and the authority responsible for granting licenses and making
decisions about these matters.
Section 9A - Power to Control and Regulate Controlled
Substances
(1)
Controlled Substances: If the Central
Government believes that controlling a particular substance is in the public
interest because it's used in making narcotic drugs or psychotropic substances,
it can issue an order to regulate or prohibit the production, supply,
distribution, and trade of that substance.
(2)
Detailed Regulation: This order can
specify detailed regulations, including licensing, permits, and other measures
to manage the production, possession, transport, import, export, sale,
purchase, consumption, use, storage, distribution, disposal, or acquisition of
the controlled substance.
Section 10 - State Government's Power to Permit, Control,
and Regulate Simplified:
(1)
State-Level Control: The State Government
can create rules to manage various activities related to narcotic drugs
and
psychotropic substances within the state's jurisdiction. These activities
include the possession, transport, import, export, sale, purchase, consumption,
and use of certain substances.
(2)
Specific Provisions: The rules can
specify how poppy straw, opium, cannabis, and other substances can be
possessed, transported, and used within the state. They can also set the rules
for licensing, fees, and the authority responsible for issuing licenses.
(3)
Warehousing: The State Government can
designate places as warehouses for storing legally imported poppy straw
intended for inter-state or international export. The rules can dictate the
safekeeping of this stored material, fees for warehousing, and how unclaimed
material is handled.
(4)
Cannabis Cultivation: Rules can define
the limits and conditions for cannabis plant cultivation, ensuring that only
licensed cultivators approved by the State Government engage in this activity.
These rules can also address the delivery of cannabis by cultivators and the
pricing for their delivered products.
(5)
Licensing: The rules can outline the
licensing or permit requirements for various activities mentioned in clause (a)
of sub-section (1), such as possession, sale, and use. They can also specify
the authorities responsible for granting licenses and the associated fees.
Section 11 - Immunity from Distress or Attachment
Protection from Seizure: Narcotic drugs, psychotropic
substances, coca plants, opium poppies, or cannabis plants cannot be seized or
attached by anyone, even for recovering money owed as per any court order or
decree.
Section 12 - Restrictions on External Trade
Controlled Trade: It is prohibited for anyone to
engage in or control the trade of obtaining narcotic drugs or psychotropic
substances from outside India and supplying them to anyone outside India
without prior authorization from the Central Government. The Central Government
can set specific conditions for such authorization.
Section 13 - Special Provisions for Coca Plant and Leaves
The Central Government can allow the cultivation of coca
plants, gathering of coca plant portions, or the production, possession, sale,
purchase, transport, import, or export of coca leaves for the creation of
flavoring agents. These flavoring agents must not contain any alkaloid, and the
activity should be limited to the necessary extent.
Section 14 - Special Provisions for Cannabis
The government can, through general or special orders,
permit the cultivation of cannabis plants for specific purposes, such as
obtaining fiber or seeds for industrial use or horticultural purposes. These
activities are subject to conditions specified by the government.
4. Offences and Punishments
|
Section |
Offense |
Punishment |
|
Section 15 |
Contravention in relation to
poppy straw |
(1) Small quantity: Imprisonment Up to 1 year, or fine up to Rs. 10,000, or both. (2) Quantity less than commercial quantity but greater than small quantiy:Imprisonment Up to 10 years & fine up to Rs. 1 lakh. (3)Commercial quantity: Imprisonment 10 to 20 years & fine 1 to 2 lakh Rs (court may impose a higher fine). |
|
Section 16 |
Contravention in relation to
coca plant and coca leaves |
Imprisonment
Up to 10 years & fine up to 1 lakh. |
|
Section 17 |
Contravention in relation to
prepared opium |
(1) Small quantity: Imprisonment Up to 1 year, or fine up to Rs. 10,000, or both (2) Quantity less than commercial quantity but greater than small quantity: Up to 10 years in prison, and fine up to Rs. 1 lakh. (3)Commercial quantity: Imprisonment 10 to
20 years & fine 1 to Rs. 2 lakh Rs (court may impose a higher fine). |
|
Section 18 |
Contravention in relation to
opium poppy and opium |
(1) Small quantity: Imprisonment Up to 1 year, or fine up to Rs. 10,000, or both (2) Quantity less than commercial quantity but greater than small quantity: Up to 10 years in prison, and fine up to Rs. 1 lakh. (3) Commercial quantity: Imprisonment 10 to
20 years & fine 1 to Rs. 2 lakh Rs (court may impose a higher fine). |
|
Section 19 |
Embezzlement of opium by
cultivator |
Imprisonment 10 to 20 years & fine 1 to
2 lakh Rs (court may impose a higher fine) |
|
Section 20
|
Contravention in relation to
cannabis plant and cannabis
|
Cultivation of cannabis plant: Up to 10 years
in prison, and fine up to Rs. 1 lakh. Ø Other offenses: - (1) Small quantity: Imprisonment Up to 1 year or fine up to Rs. 10,000 or both. (2) Quantity less than commercial quantity but greater than small quantity: Imprisonment Up to 10 years & fine up to 1 lakh Rs (3) Commercial quantity: Imprisonment 10 to
20 years & fine 1 to 2 lakh Rs (court may impose a higher fine). |
|
Section 21 |
Contravention in relation to
manufactured drugs and preparation |
(1) Small quantity: Imprisonment Up to 1 year or fine up to Rs. 10,000 or both. (2) Quantity less than commercial quantity but greater than small quantity:Imprisonment Up to 10 years & fine up to 1 lakh Rs (3) Commercial quantity: Imprisonment 10 to
20 years & fine 1 to 2 lakh Rs (court may impose a higher fine). |
|
Section 22 |
Contravention in relation to
psychotropic substances |
------------------------------------------------------------------------------------------------------- |
|
Section 23 |
Illegal import, export, or
transshipment of narcotic drugs and psychotropic substances |
------------------------------------------------------------------------------------------------------- |
|
Section 24 |
External dealings in narcotic
drugs and psychotropic substances in contravention of Section 12 |
Imprisonment
10 to 20 years & fine 1 to 2 lakh Rs (court may impose a higher fine) |
|
Section 25 |
Allowing premises to be used
for the commission of an offence |
Punishment
as per the respective offence committed in the premises. |
|
Section 25A |
Contravention of orders made
under Section 9A |
Imprisonment
Up to 10 years & fine up to 1 lakh Rs |
|
Section 26 |
Certain acts by licensee or his
servants |
Imprisonment
Up to 3 years or fine, or both. |
|
Section 27 |
Consumption of narcotic drug or
psychotropic substance |
Cocaine,
morphine, diacetyl-morphine, or specified substances: Imprisonment
Up to 1 year or fine up to Rs. 20,000, or both. Other substances: Imprisonment Up to
6 months or fine up to Rs. 10,000, or both. |
|
Section 27A |
Financing illicit traffic and
harboring offenders |
Imprisonment
10 to 20 years & fine 1 to 2 lakh Rs (court may impose a higher fine). |
|
Section 27B |
Contravention of Section 8A |
Imprisonment 3 to 10 years & fine. |
|
Section 28 |
Attempts to commit offences |
Punishment
as per the respective offence. |
|
Section 29 |
Abetment and criminal
conspiracy |
Punishment
as per the respective offence. |
|
Section 30 |
Preparation |
Punishment
as per the respective offence. |
|
Section 31 |
Enhanced punishment for repeat
offenders |
Increased
punishment for subsequent convictions. |
|
Section 31A |
Death penalty for certain
repeat offenses |
Death
penalty for certain repeat offenses. |
|
Section 32 |
Offense for which no specific
punishment provided |
Imprisonment Up to 6 months or fine, or both. |
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5. Procedure under Act
(1) Arrest and Search
Powers: Judges or authorized officials can issue arrest or search warrants
for drug-related crimes. Government officers can also make arrests or conduct
searches if they suspect drug offenses.
(2) Search Without Warrant:
Special officers can search for drugs or evidence without warrants during the
day or at night if there's a risk of evidence being hidden.
(3) Public Places and
Transportation: Officers can seize drugs in public places or during
transport. They can stop and search individuals suspected of drug possession and
arrest them if necessary.
(4) Crimes Involving Certain
Plants: Rules for searching, arresting, and seizing apply to crimes
involving specific plants like coca, opium, and cannabis.
(5) Seizure When Not
Practical: Officers can issue orders to prevent the movement or sale of
goods, including crops, when seizing them isn't feasible.
(6) Reporting Illegal
Cultivation: Landholders and officials must report illegal cultivation of
certain plants to the authorities or face punishment.
(7) Attachment of Illegal
Crops: Magistrates can order the attachment or destruction of illegally
grown plants.
(8) Stopping and Searching
Conveyances: Authorized officers can stop and search vehicles and animals
for illegal drugs and use force if needed.
(9) Conditions for Searching
Individuals: Individuals can request to be taken to a senior officer or
magistrate before a search. Searches of females must be conducted by females.
(10) Controlled Delivery:
Authorities can carry out controlled delivery of drug shipments in consultation
with foreign authorities.
(11) Application of Criminal
Procedure Code: The Criminal Procedure Code applies to warrants, arrests,
searches, and seizures, unless it conflicts with this Act.
(12) Disposal of Arrested
Persons and Seized Items: Persons arrested and seized items are taken to
the nearest police station. Proper legal actions must be taken.
(13) Disposal of Seized
Drugs: The Central Government can specify how seized drugs should be
disposed of. Records of seizures are considered evidence in court.
(14) Investing Officers with
Police Powers: Government can authorize officers from various departments
to have police-like powers for drug offense investigations.
(15) Relevance of
Statements: Statements made during investigations can be used as evidence
under specific circumstances.
(16) Presumption from
Possession: Possession of illegal drugs or related items is presumed to be
connected to an offense unless proven otherwise.
(17) Police Custody of
Seized Items: The local police station takes custody of seized items.
(18) Mutual Assistance Among
Officers: Officers from different departments must assist each other in
enforcing the Act.
(19) Reporting Arrests and
Seizures: Those making arrests or seizures must report them to superiors or
competent authorities.
(20) Punishment for Wrongful
Actions: Officers can be punished for wrongful arrests or searches.
(21) Failure of Officers in
Duty: Officers neglecting their duties can be punished, especially in
addiction treatment cases.
(22) Confiscation of Illicit
Items: Illegally obtained drugs and related items can be confiscated,
including goods used to hide drugs.
(23) Procedure for
Confiscation: Courts decide when to confiscate seized items and how to sell
them.
(24) Immunity from
Prosecution: The government can grant immunity for providing information or
seeking addiction treatment.
(25) Presumption Regarding
Documents: Documents seized or received from outside India can be used as
evidence.
(26) Power to Gather
Information: Officers can request information and documents during
investigations.
(27) Protection of Informant
Identities: Officers cannot be forced to reveal their informants'
identities.
Written
By : Harshavardhan
Prakash Deshmukh,
Personal Account - https://www.instagram.com/bhaiyaaofficial/
B.A.LL.B. =
Modern Law College, Pune
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Lawyer (80K+ Followers) -
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