The Narcotic Drugs and Psychotropic Substances Act, 1985

(1) This Act may be called the Narcotic Drugs andPsychotropic Substances Act, 1985. (2) It extends to the whole of India 2[and it applies also-- (a) to all citizens of India outside India; (b) to all persons on ships and aircrafts registered in India, wherever they may be.] (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint, and different dates may be appointed for different provisions of this Act and fordifferent States and any reference in any such provision to the commencement of this Act shall beconstrued in relation to any State as a reference to the coming into force of that provision in that State.

In this Act, unless the context otherwise requires,-- 1[(i) "addict" means a person who has dependence on any narcotic drug or psychotropicsubstance;] (ii) "Board" means the Central Board of Excise and Customs constituted under the CentralBoards of Revenue Act, 1963 (54 of 1963); (iii) "cannabis (hemp)" means-- (a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtainedfrom the cannabis plant and also includes concentrated preparation and resin known as hashish oilor liquid hashish; (b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds andleaves when not accompanied by the tops), by whatever name they may be known or designated;and (c) any mixture, with or without any neutral material, of any of the above forms of cannabisor any rink prepared therefrom; (iv) "cannabis plant" means any plant of the genus cannabis; 2[(iva) "Central Government factories" means factories owned by the Central Government orfactories owned by any company in which the Central Government holds at least fifty-one per cent. ofthe paid-up share capital;] (v) "coca derivative" means-- (a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly,for the manufacture of cocaine; (b) ecgonine and all the derivatives of ecgonine from which it can be recovered; (c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and (d) all preparations containing more than 0.1 per cent. of cocaine; (vi) "coca leaf" means-- (a) the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any otherecgonine alkaloids have been removed; (b) any mixture thereof with or without any neutral material, but does not include any preparation containing not more than 0.1 per cent. of cocaine; (vii) "coca plant" means the plant of any species of the genus Frythroxylon; 3[(viia) "commercial quantity", in relation to narcotic drugs and psychotropic substances, meansany quantity greater than the quantity specified by the Central Government by notification in theOfficial Gazette; (viib) "controlled delivery" means the technique of allowing illicit or suspect consignments ofnarcotic drugs, psychotropic substances, controlled substances or substances substituted for them topass out of, or through or into the territory of India with the knowledge and under the supervision ofan officer empowered in this behalf or duly authorised under section 50A with a view to identifyingthe persons involved in the commission of an offence under this Act; (viic) "corresponding law" means any law corresponding to the provisions of this Act;] 4[5[(viid)] "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 ofnarcotic drugs or psychotropic substances or to the provisions of any International Convention, bynotification in the Official Gazette, declare to be a controlled substance;] (viii) "conveyance" means a conveyance of any description whatsoever and includes any aircraft,vehicle or vessel; 2[(viiia) "essential narcotic drug" means a narcotic drug notified by the Central Government formedical and scientific use;] 4[6[(viiib)] "illicit traffic", in relation to narcotic drugs and psychotropic substances, means-- (i) cultivating any coca plant or gathering any portion of coca plant; (ii) cultivating the opium poppy or any cannabis plant; (iii) engaging in the production, manufacture, possession, sale, purchase, transportation,warehousing, concealment, use or consumption, import inter-State, export inter-State, import intoIndia, export from India or transhipment, of narcotic drugs or psychotropic substances; (iv) dealing in any activities in narcotic drugs or psychotropic substances other than thosereferred to in sub-clauses (i) to (iii); or (v) handling or letting out any premises for the carrying on of any of the activities referred toin 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 authorisation issued, thereunder, and includes-- (1) financing, directly or indirectly, any of the aforementioned activities; (2) abetting or conspiring in the furtherance of or in support of doing any of theaforementioned activities; and (3) harbouring persons engaged in any of the afore-mentioned activities;] (ix) "International Convention" means-- (a) the Single Convention on Narcotic Drugs, 1961 adopted by the United NationsConference at New York in March, 1961; (b) the Protocol, amending the Convention mentioned in sub-clause (a), adopted by theUnited Nations Conference at Geneva in March, 1972; (c) the Convention on Psychotropic Substances, 1971 adopted by the United NationsConference at Vienna in February, 1971; and (d) any other international convention, or protocol or other instrument amending aninternational convention, relating to narcotic drugs or psychotropic substances which may beratified or acceded to by India after the commencement of this Act; (x) "manufacture", in relation to narcotic drugs 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) 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; (xi) "manufactured drug" means-- (a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate; (b) any other narcotic substance or preparation which the Central Government may, havingregard to the available information as to its nature or to a decision, if any, under any InternationalConvention, by notification in the Official Gazette, declare to be a manufactured drug, but does not include any narcotic substance or preparation which the Central Government may, havingregard to the available information as to its nature or to a decision, if any, under any InternationalConvention, by notification in the Official Gazette, declare not to be a manufactured drug; (xii) "medicinal cannabis", that is, medicinal hemp, means any extract or tincture of cannabis(hemp); (xiii) "Narcotics Commissioner" means the Narcotics Commissioner appointed under section 5; (xiv) "narcotic drug" means coca leaf, cannabis (hemp), opium, popy straw and includes allmanufactured drugs; (xv) "opium" means-- (a) the coagulated juice of the opium poppy; and (b) any mixture, with or without any neutral material, of the coagulated juice of the opiumpoppy, but does not include any preparation containing not more than 0.2 per cent. of morphine; (xvi) "opium derivative" means-- (a) medicinal opium, that is, opium which has undergone the processes necessary to adapt itfor medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any otherpharmacopoeia notified in this behalf by the Central Government, whether in powder form orgranulated or otherwise or mixed with neutral materials; (b) prepared opium, that is, any product of opium obtained by any series of operationsdesigned to transform opium into an extract suitable for smoking and the dross or other residueremaining after opium is smoked; (c) phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts; (d) diacetylmorphine, that is, the alkaloid also known as dia-morphine or heroin and its salts;and (e) all preparations containing more than 0.2 per cent. of morphine or containing anydiacetylmorphine; (xvii) "opium poppy" means-- (a) the plant of the species Papaver somniferum L; and (b) the plant of any other species of Papaver from which opium or any phenanthrene alkaloidcan be extracted and which the Central Government may, by notification in the Official Gazette,declare to be opium poppy for the purposes of this Act; (xviii) "poppy straw" means all parts (except the seeds) of the opium poppy after harvestingwhether in their original form or cut, crushed or powdered and whether or not juice has beenextracted therefrom; (xix) "poppy straw concentrate" means the material arising when poppy straw has entered into aprocess for the concentration of its alkaloids; (xx) "preparation", in relation to a narcotic drug or psychotropic substance, means any one ormore such drugs or substances in dosage form or any solution or mixture, in whatever physical state,containing one or more such drugs or substances; (xxi) "Prescribed" means prescribed by rules made under this Act; (xxii) "production" means separation of opium, poppy straw, coca leaves or cannabis from theplants from which they are obtained; (xxiii) "Psychotropic substance" means any substance, natural or synthetic, or any naturalmaterial or any salt or preparation of such substance or material included in the list of psychotropicsubstances specified in the Schedule; 7[(xxiiia) "small quantity", in relation to narcotic drugs and psychotropic substances, means anyquantity lesser than the quantity specified by the Central Government by notification in the OfficialGazette;] (xxiv) "to import inter-State" means to bring into a State or Union territory in India from anotherState or Union territory in India; (xxv) "to import into India", with its grammatical variations and cognate expressions, means tobring into India from a place outside India and includes the bringing into any port or airport or placein India of a narcotic drug or a psychotropic substance intended to be taken out of India without beingremoved from the vessel, aircraft, vehicle or any other conveyance in which it is being carried. Explanation.--For the purposes of this clause and clause (xxvi), "India" includes the territorialwaters of India. (xxvi) "to export from India", with its grammatical variations and cognate expressions, means totake out of India to a place outside India; (xxvii) "to export inter-State" means to take out of a State or Union territory in India to anotherState or Union territory in India; (xxviii) "to transport" means to take from one place to another within the same State or Unionterritory; 8[(xxviiia) "use", in relation to narcotic drugs and psychotropic substances, means any kind of useexcept personal consumption;] (xxix) words and expressions used herein and not defined but defined in the Code of CriminalProcedure, 1973 (2 of 1974) have the meanings respectively assigned to them in that Code. Explanation.--For the purposes of clauses (v), (vi), (xv) and (xvi) the percentages in the case of liquidpreparations shall be calculated on the basis that a preparation containing one per cent. of a substancemeans a preparation in which one gram of substance, if solid, or one mililitre of substance, if liquid, iscontained in every one hundred mililitre of the preparation and so on in proportion for any greater or lesspercentage: Provided that the Central Government may, having regard to the developments in the field of methodsof calculating percentages in liquid preparations prescribe, by rules, any other basis which it may deemappropriate for such calculation.

The Central Governmentmay, if satisfied that it is necessary or expedient so to do on the basis of-- (a) the information and evidence which has become available to it with respect to the nature andeffects of, and the abuse or the scope for abuse of, any substance (natural or synthetic) or naturalmaterial or any salt or preparation of such substance or material; and (b) the modifications or provisions (if any) which have been made to, or in, any InternationalConvention with respect to such substance, natural material or salt or preparation of such substance ormaterial, by notification in the Official Gazette, add to, or, as the case may be, omit from, the list of psychotropicsubstances specified in the Schedule such substance or natural material or salt or preparation of suchsubstance or material.

(1) Subject to the provisions of this Act, the Central Government shalltake all such measures as it deems necessary or expedient for the purpose of preventing and combatingabuse of narcotic drugs and psychotropic substances and the illicit traffic therein 1[and for ensuring theirmedical and scientific use]. (2) In particular and without prejudice to the generality of the provisions of sub-section (1), themeasures which the Central Government may take under that sub-section include measures with respectto all or any of the following matters, namely:-- (a) coordination of actions by various officers, State Governments and other authorities-- (i) under this Act, or (ii) under any other law for the time being in force in connection with the enforcement of theprovisions of this Act; (b) obligations under the International Conventions; (c) assistance to the concerned authorities in foreign countries and concerned internationalorganisations with a view to facilitating coordination and universal action for prevention andsuppression of illicit traffic in narcotic drugs and psychotropic substances; (d) identification, treatment, education, after care, rehabilitation and social re-integration ofaddicts; 2[(da) availability of narcotic drugs and psychotropic substances for medical and scientific use;] (e) such other matters as the Central Government deems necessary or expedient for the purpose ofsecuring the effective implementation of the provisions of this Act and preventing and combating theabuse of narcotic drugs and psychotropic substances and illicit traffic therein. (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes ofthis Act, by order, published in the Official Gazette, constitute an authority or a hierarchy of authoritiesby such name or names as may be specified in the order for the purpose of exercising such of the powersand functions of the Central Government under this Act and for taking measures with respect to such ofthe matters referred to in sub-section (2) as may be mentioned in the order, and subject to the supervisionand control of the Central Government and the provisions of such order, such authority or authorities mayexercise the powers and take the measures so mentioned in the order as if such authority or authorities hadbeen empowered by this Act to exercise those powers and take such measures.

(1) Without prejudice to the provisions of sub-section (3) ofsection 4, the Central Government shall appoint a Narcotics Commissioner and may also appoint suchother officers with such designations as it thinks fit for the purposes of this Act. (2) The Narcotics Commissioner shall, either by himself or through officers subordinate to him,exercise all powers and perform all functions relating to the superintendence of the cultivation of theopium poppy and production of opium and shall also exercise and perform such other powers andfunctions as may be entrusted to him by the Central Government. (3) The officers appointed under sub-section (1) shall be subject to the general control and directionof the Central Government, or, if so directed by that Government, also of the Board or any other authorityor officer.