Narcotics Drugs And Psychotropic Substances Act, 1985: An Overview Of The NDPS Act

The statutory control over narcotic drugs was being exercised under The Opium Act, 1852, The Opium Act, 1878 and The Dangerous Drugs Act, 1930. The provisions of these enactments were found to be inadequate because of the passage of time and developments in the field of illicit drug traffic and drug abuse at national and international level. To consolidate and to amend the existing laws relating to narcotic drugs a comprehensive legislation was considered to be necessary. Accordingly the Narcotic Drugs and Psychotropic Substances Bill were introduced in the Parliament.

Applicability of this Act
This act is applicable to the whole of the India and to all the citizens of India living outside India. It also applies to the ships and aircrafts registered in India.

Aims and Objective of the NDPS Act:

To consolidate and amend the laws related to narcotic drugs.
To make stringent provisions for the control and regulations related to narcotics and psychotropic substances.
To establish procedures for the seizure of assets obtained from or utilized in the illegal trafficking of narcotic narcotics and psychotropic substances.
To implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances.
To make provisions on any other matter related and connected with narcotic drugs and psychotropic substances.

Definition Clause of this Act:

Addict:

Clause (I) of Section 2 defines "Addict" means a person who is dependent on any narcotic drug or psychotropic substance.

Board:

Clause (ii) of Section 2 defines "Board" means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963.

Cannabis (hemp):

Charas is the separated resin collected from the cannabis plant in whatever form, whether crude or processed, and also includes the concentrated preparation and resin known as hashish oil or liquid hashish;
Ganja refers to the fruiting or flowering tops of the cannabis plant, regardless of their name, this includes the seeds and leaves when the tops are absent;
Any mixture in any of the above forms of cannabis or any drink prepared therefrom;

Coca derivative:

Crude cocaine means any extract of coca leaf which can be used directly or indirectly for the manufacture of cocaine;
Ecgonine and all the derivatives of ecgonine from which it can be recovered;
Cocaine, that is, methyl ester of benzoyl-ecgonine and its salts;
All preparations containing more than 0.1 per cent of cocaine;

Coca Plant:

Clause (vii) of Section 2 defines "coca plant "means the plant of any species of the genus Frythroxylon.

Illicit Traffic:

Cultivation of any coca plant or gathering any portion of coca plant;
Cultivation of opium poppy or any cannabis plant;
Engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transshipment, of narcotic drugs or psychotropic substances;
Dealing in any activities in narcotic drugs or psychotropic substances;
Handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (IV), other than those permitted under this Act, or any rule or order made, or any condition of any licence, term or authorization issued, thereunder, and includes—

Financing, directly or indirectly, any of the activities mentioned above;
Abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities;
Harboring persons engaged in any of the aforementioned activities;

International Conventions:

Clause (ix) of Section 2 "International Convention" means:
1. the Single Convention on Narcotic Drugs, 1961 adopted by the United Nations Conference at New York in March, 1961;
2. the Protocol, amending the Convention mentioned in sub-clause (a), adopted by the United Nations Conference at Geneva in March, 1972;
3. the Convention on Psychotropic Substances, 1971 adopted by the United Nations Conference at Vienna in February, 1971; and
4. any other international convention, or protocol or other instrument amending an international convention, relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by India after the commencement of this Act;

Manufacture:

Clause (ix) of Section 2 defines "manufacture", in relation to narcotic drugs or psychotropic substances, includes:
1. All processes by which such drugs or substances may be obtained except production;
2. Refining of such drugs or substances;
3. Transformation of such drugs or substances; and
4. Making of preparation (otherwise than in a pharmacy on prescription) with or containing such drugs or substances;

Manufactured Drug:

Clause (xi) of section 2 defines "manufactured drug" means:
1. All coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate;
2. any other narcotic substance or preparation which the Central Government and international convention, declare not to be a manufactured drug,

Narcotic Drug:

Clause (xiv) of section 2 defines "narcotic drug" means coca leaf, cannabis (hemp), opium, popy straw and includes all manufactured drugs;

Opium:

(xv) Of section 2 defines "Opium" means:
1. The coagulated juice of the opium poppy;
2. Any mixture of opium poppy coagulated juice, with or without neutral material; however, preparations having less than 0.2% morphine are not included;

Opium Derivative

Medicinal opium, which is opium that has been processed to make it suitable for medical use in line with the guidelines of the Indian Pharmacopoeia or any other pharmacopoeia that the Central Government notifies regarding this matter; it can be mixed with neutral materials or taken in powder or granulated form;
Prepared opium, which includes any opium product made through a sequence of steps intended to turn opium into an extract fit for smoking as well as any dross or other residue that is left over after opium is smoked;
Phenanthrene alkaloids, such as morphine, codeine, thebaine, and their salts;
Diacetylmorphine, which is the alkaloid commonly known as dia-morphine or heroin and its salts;
Any formulations that contain any diacetylmorphine or greater than 0.2 percent morphine;

The Papaver somniferum L. plant;
any other Papaver species from which opium or any phenanthrene alkaloid can be extracted and which the Central Government may designate as opium poppy for the purposes of this Act by publishing a notice in the Official Gazette;

Psychotropic Substance

Clause (xxiii) of Section 2 defines "Psychotropic substance" as any substance, manufactured or natural, as well as any natural material, salt, or preparation of such material, that is listed among the psychotropic drugs as stated in the Schedule.

Important Provisions under The Narcotics Drugs And Psychotropic Substances Act

The following are the important sections under this act:
Section 3
According to the section 3 of the NDPS Act, The central has the power to add or omit any substance whether natural or synthetic from the list of psychotropic substances. The government can so this by notifying the substance in the official Gazette.

Section 5
This section talks about the appointment of Narcotics Commissioner and other officers. The central government shall appoint a Narcotics Commissioner and other officers as government think fit for the purpose of this act. The Narcotics Commissioner shall either by him or through subordinate officers, exercises all powers and performs all functions relating to the superintendence of the cultivation and production of opium poppy and perform all other functions entrusted by the central government.

The central may constitute an advisory committee to be called as "the narcotics drugs and psychotropic substances consultative committee" to advise the central government relating to administration of NDPS act.
The committee shall consist of a chairman and members not more than twenty.
The committee may constitute one or more sub-committees for the efficient discharge of its function.
The Committee may appoint a non-committee member to any of its subcommittees, subject to certain conditions and restrictions. The procedures for filling casual vacancies in the Committee's offices and the allowances that may be paid to the Chairman and other Committee members are outlined in rules made by the Central Government.

Combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances;
Controlling the abuse of narcotic drugs and psychotropic substances;
Identifying, treating, rehabilitating addicts;
Preventing drug abuse;
Educating public against drug abuse;
Supplying drugs to addicts where such supply is a medical necessity.

The Governing Body shall consist of a Chairman (not below the rank of an Additional Secretary to the Central Government) and such other members not exceeding six as the Central Government may appoint. The Governing Body shall have the power to regulate its own procedure.

Section 8
This section talks about Prohibition of certain operations. No person shall cultivate any coca plant or gather any portion of coca plant or cultivate the opium poppy or any cannabis plant. Produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import into, export from, or transship any psychotropic substance or narcotic drug, unless for medical or scientific purposes, and only in the ways and to the extent permitted by this Act's provisions, rules, or orders, and in cases where such provisions impose requirements through licenses, permits, or authorizations that must also be fulfilled in accordance with the terms and conditions of such licenses, permits, or authorizations.

Section 8A
According to this section, No person shall covert, transfer, conceal or disguise the true nature, source, location of any property knowing that such property is derived from an offence committed under this act or any other law of any country.

the cultivation, or gathering of any portion of coca plant, or the production, possession, sale, purchase, transport, import inter-State, export inter-State, use or consumption of coca leaves;
the cultivation of the opium poppy;
the production and manufacture of opium and poppy straw;
the possession, transport, import inter-State, export inter-State, warehousing, sale, purchase, consumption and use of poppy straw produced from plants from which no juice has been extracted through lancing;
The sale of opium and opium derivatives;
the manufacture of manufactured drugs but not including manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess;

Section 10
According to section 10 of the NDPS Act, The state government has power to permit, control and regulate. The state government may, by rules permit and regulate the possession, transport, import inter-State, export inter-State, warehousing, sale, purchase, consumption and use of poppy straw (except poppy straw produced from plants from which no juice has been extracted through lancing) and use of opium and cannabis.

Important Sections, Penalties and Offences:

Section 16: Punishment for contravention in relation to coca plant and coca leaves:
Whoever, in contravention of this Act or any rule, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses coca leaves shall be punishable with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees.

In case involves small quantity, with imprisonment for a term that may extend to one year or with fine may extend to ten thousand rupees, or with both;
In case involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees which may extend to two lakh rupees;
The court will record reasons in writing in case of fine more than two lakhs rupees.
In any other case, with rigorous imprisonment that may extend to ten years and with fine extend to one lakh rupees.

cultivates any cannabis plant or produces shall be punishable with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees;
manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis shall be punishable:
- involves small quantity, with imprisonment extend to one year or fine may extend to ten thousand rupees, or with both;
- involves quantity lesser than commercial quantity but greater than small quantity with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;
- involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years may extend to twenty years, and shall also be liable to fine not less than one lakh rupees may extend to two lakh rupees

Section25A: Punishment for contravention of orders made under section 9A

If any person contravenes an order made under section 9, he shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees:

Provided that while the court imposing a fine more than one lakh, needs to record reasons in writing

Section 27: Punishment for consumption of any narcotic drug or psychotropic substance.

Where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetylmorphine or any other narcotic drug or any psychotropic substance notified by the central government in official gazette, with rigorous imprisonment for a term that may extend to one year, or with fine that may extend to twenty thousand rupees; or with both; and
Where the narcotic drug or psychotropic substance consumed is other than those specified in clause (a), with imprisonment for a term that may extend to six months, or with fine that may extend to ten thousand rupees, or with both.

In conclusion, the Narcotic Drugs and Psychotropic Substances Act, 1985, serves as a robust legal framework designed to address the multifaceted challenges posed by drug trafficking and abuse. Through its comprehensive provisions and stringent penalties, the Act aims to deter illicit drug activities, protect public health, and promote effective law enforcement efforts in the realm of drug control.