Title 11. NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT-1985 AND RULES.pdf ✅

PHARMD GURU Page 1 INTRODUCTION:  Coca, hemp, and opium are considered to be medicinal drugs but because of their habit forming and degenerating effect, their use has been restricted from the social point of view.  Opium was brought under legislative control in 1857 after framing Opium Act with the main objective to protect public welfare by preserving the health and eliminating undesirable social and moral effects commonly associated with indiscriminate use of the drugs.  In the present day, drugs like heroin, brown sugar, charas and many more have been added to the list of habit forming drugs.  The unfortunate fact was that, these narcotic drugs and psychotropic substances are creating an increasing number of addicts in all the corners of the world.  Smuggling and sale of narcotic drugs and psychotropic substances is still a lucrative business amongst anti-social elements.  With the passage of time and the developments in the field of illicit drug traffic and drug abuse at the national and international level, the statutory control [particularly the Opium Act, 1857, the Opium Act, 1858 and the dangerous Drugs Act, 1930] was found to be inadequate and required fresh legislation. This resulted in the enactment of the Narcotic Drugs and Psychotropic Substances Act and Rules, 1985.  The Act came in force on 14 November 1985 and extends to the whole of India and it also applies: (a) To all citizens of India outside India; (b)To all persons on ships and aircrafts registered in India, wherever they may be. OBJECTIVES OF THE NDPS ACT: 1) To consolidate and amend the existing laws relating to Narcotic Drug. 2) To make stringent provisions for the control and regulation of operations relating to Narcotic Drugs and Psychotropic Substances. 3) To considerably enhance the penalties particularly for trafficking offences. NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT-1985 AND RULES
PHARMD GURU Page 2 4) To make provisions for the implementations of International Conventions relating to Drugs and Psychotropic Substances to which India is a party. DEFINITIONS OF THE ACT: CANNABIS (HEMP): Cannabis (hemp) means:  Charas, i.e., the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish.  Ganja, i.e, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known as designated.  Any mixture, with or without any neutral material, or any of the above forms or cannabis or any drink prepared there from. CANNABIS PLANT: Cannabis Plant means, any plant of the genus cannabis. COCA DERIVATIVE: Coca Derivative means:  Crude cocaine, i.e., 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, i.e., methyl ester of benzoyl-ecgonine and its salts.  All preparations containing more than 0.1% of cocaine. COCA LEAF: Coca Leaf means:  The leaf of the coca plant except a leaf from which all ecgonine and any other ecgonine alkaloids have been removed.  Any mixture thereof with or without any neutral material.  But does not include any preparation containing not more than 0.1 percent of cocaine.
PHARMD GURU Page 3 COCA PLANT: Coca Plant means, the plant of any species of the genus Erythroxylon. CONTROLLED SUBSTANCE: Controlled substance 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: Illicit traffic in relation to Narcotic Drugs and Psychotropic Substances means: 1) Cultivating any coca plant or gathering any portion of coca plant. 2) Cultivating the opium poppy of any cannabis plant. 3) 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 transhipment of narcotic drugs or Psychotropic substances. 4) Dealing in any activities in narcotic drugs or Psychotropic substances other than those referred to above. 5) Handling or letting out any premises for carrying on of any of the activities referred to above. MANUFACTURE: Manufacture in relation to narcotic or psychotropic substances includes: 1) All processes other than production by which such drugs or substances may be obtained. 2) Refining of such drugs or substances. 3) Making of preparation (otherwise than in a pharmacy on prescription) with or without containing drugs or substances. MANUFACTURED DRUG: Manufactured Drug means:  All coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate.
PHARMD GURU Page 4  Any other substance or preparation which the Central Government may, by notification in the official Gazette, declare to be a manufactured drug. MEDICINAL CANNABIS (OR) MEDICINAL HEMP: Medicinal Cannabis or Medicinal Hemp means, any extract or tincture of cannabis (hemp). NARCOTIC DRUG: Narcotic Drug means coca leaf, cannabis (hemp), opium straw and includes all manufactured goods. OPIUM: Opium means:  The coagulated juice of the opium poppy.  Any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, but does not include any preparation containing not more than 0.2 per cent of morphine. OPIUM DERIVATIVE: Opium Derivative means:  Medicinal opium, i.e., opium which has undergone the processes necessary to adopt it for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other pharmacopoeia notified in this behalf by the Central Government, whether in powder form or granulated or otherwise or mixed with neutral materials.  Prepared opium, that is any product of opium by any series of operations designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after opium is smoked  Phenanthrene alkaloids, namely morphine, codeine, thebaine and their salts.  Diacetylmorphine, that is, the alkaloid also known as dia-morphine or heroine and its salts.  All preparations containing more than 0.2 per cent of morphine or containing any diacetyl morphine.