Sample Read
12.
13.
CHAPTER
CHAPTER V
45. Procedure where seizure of goods liable to confiscation
46. Duty of land holder to give information of illegal cultivation
47. Duty of certain officers to give information of illegal cultivation
48. Power of attachment of crop illegally cultivated
49. Power to stop and search conveyance
50. Conditions under which search of persons shall be conducted
51. Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures
52. Disposal of persons arrested and articles
53. Power to invest officers of certain departments with powers of an officer-in-charge of a police station.
Relevancy of statements under certain circumstances
54. Presumption from possession of illicit articles
59. Failure of officer in duty or his connivance at the contravention of the provisions of this
60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation
61. Confiscation of goods used for concealing illicit drugs or substances
62. Confiscation of sale proceeds of illicit drugs or substances
63. Procedure in making confiscations
64.
65. [ Omitted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988, w.e.f. 29-5-1989
66. Presumption as to documents in certain cases
67. Power to call for information, etc.
68. Information as to commission of offences
68G.
68H.
69.
70. Central Government and State Government to have regard to International Conventions while
71. Power of government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drugs and psychotropic substances
72.
73.
74.
75.
PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988
8. Powers in relation to absconding persons
10. Cases in which and circumstances under which persons may be detained for periods longer than three months without obtaining the opinion of Advisory Board
11. Maximum period of detention
12. Revocation of detention orders
13. Temporary release of persons detained
14. Protection of action taken in good faith
15. Amendment of Act 52 of 1974
16. Repeal and saving
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES, 1985
3. Delegation of powers
4. Narcotics Commissioner and other officers to exercise the powers of their subordinates
5. Opium poppy cultivation and production of opium or poppy straw
6. Fee for grant of licence
7. Application for issue of licence for cultivation of opium poppy
8. Issue of licence for cultivation of opium poppy
9. Licence to specify the area, etc.
10. Designating of lambardar
11. Withholding or cancellation of licence
12. Procedure with regard to measurement of land cultivated with opium poppy
13. Procedure with regard to preliminary weighment
14. Delivery of opium produced
15. Opium to be weighed, examined and classified
16. Procedure where cultivator is dissatisfied with classification of opium
17. Procedure for sending opium suspected to be adulterated
18. Drawing of samples from opium sent to Government Opium Factory under rule 16 or rule 17
19. Fixation of price of opium
20. Provisional payment of price
21. Weighment and examination of the opium at the Government
22. Confiscation of adulterated opium
23. Adjudication of confiscation of adulterated opium
24. Determination of final price of opium
25. Adjustment of cultivators’ account and recovery of dues from the cultivators
26. Weights and scales
28.
CHAPTER IIIA
POSSESSION, TRANSPORT, IMPORT INTER-STATE, EXPORT INTER-STATE, WAREHOUSING, SALE, PURCHASE, CONSUMPTION AND USE OF POPPY STRAW PRODUCED FROM OPIUM POPPY FROM WHICH NO JUICE HAS BEEN EXTRACTED THROUGH LANCING
30A.
30C.
30F. Inter-State import and Inter-State export of poppy straw
30G. Transport of poppy straw
30H. Consumption and use of poppy straw
30-I. Disposal of poppy straw
30J. Destruction of poppy straw
CHAPTER IV
MANUFACTURE, SALE AND EXPORT OF OPIUM
31. Manufacture of opium
32. Export of opium
33. Sale to State Governments or manufacturing chemists
33A. Sale of opium derivatives from the Government Opium Factories
34. Fixation of sales price of opium
CHAPTER V
MANUFACTURED DRUGS
35. General
36.
36A. Manufacture of natural manufactured drugs from poppy straw
37. Manufacture of synthetic manufactured drugs
38. Application for licence
39. Commencement of manufacture
40. Manufacture
42. Security arrangements
43. Advance notice for cessation and recommencement of
44. [Omitted by the Narcotic Drugs and Psychotropic Substances (Third Amendment) Rules, 2015, w.e.f. 5-5-2015]
45. Possession, sale and distribution
45A. Destruction of drugs
46. Maintenance of accounts and submission of returns
47. Inspection of stocks, etc.
48. Suspension and revocation of licence
49. Appeal
50. Procedure for appeal
51. Surrender of licence
52. Disposal of stocks of drugs on cancellation of licence, etc.
CHAPTER VA
POSSESSION, TRANSPORT, IMPORT INTER-STATE, EXPORT INTER-STATE, SALE, PURCHASE, CONSUMPTION AND USE OF ESSENTIAL NARCOTIC DRUGS
52A. Possession of essential narcotic drug
52B. Provisions regarding licenced dealer and licenced chemist
52C. Import Inter-State and Export-Inter-State of essential narcotic drugs
52D. Transport of essential narcotic drugs
52E. Transmission of essential narcotic drugs by post, courier, rail or road
52F. Sale
52G. Registered medical practitioner and conditions relating to their prescriptions
52H. Authorisation and accounts
52-I. Suspension and cancellation of authorisation
52J. Appeal
52K. Procedure for appeal
52L. Surrender of authorisation, etc.
52M. Disposal of stocks of essential narcotic drugs on expiry, surrender, cancellation of authorisation, etc.
CHAPTER VB
PROVISIONS RELATING TO RECOGNISED
52N. Government, etc. hospital, dispensary to be deemed recognised medical institution
52-O. Recognition of medical institutions
52P. Suspension and Cancellation of recognition
52Q. Designated medical practitioner
52R. Duties of designated medical practitioner
52S. Surrender of recognition
52T. Estimates of requirement
52U. Possession of essential narcotic drug by recognised medical institution
52V. Miscellaneous
52W.
52X. Maintenance of records
52Y. Inspection of
52Z. Appeal
52ZA. Procedure for appeal
CHAPTER VI
IMPORT, EXPORT AND TRANSHIPMENT OF NARCOTIC DRUGS AND
SUBSTANCES
53. General prohibition
53A. [Omitted by the Narcotic Drugs and Psychotropic Substances (Second Amendments) Rules, 2015, w.e.f. 25-3-2015]
54. Import of opium, etc.
55. Application
56.
58.
59.
61.
63.
CHAPTER VII
64. Manufacture of
65.
66. Possession, etc. of psychotropic
67. Transport of psychotropic substance
SPECIAL PROVISIONS REGARDING MANUFACTURE, POSSESSION, TRANSPORT, IMPORT-EXPORT, PURCHASE AND CONSUMPTION OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES FOR MEDICAL, SCIENTIFIC AND TRAINING PURPOSES
67A.
CHAPTER
RETURNS
FORM NO. 3C : Consignment note
FORM NO. 3D : Daily accounts of essential narcotic drugs to be maintained by registered medical practitioner and authorised persons
FORM NO. 3E : Details of the patient
FORM NO. 3F : Application for issue /renewal of certificate of recognition as recognised medical institution
FORM NO. 3G : Certificate of recognition
FORM NO. 3H : Daily Accounts of Essential Narcotic Drugs to be maintained by recognised medical institution
FORM NO. 3-I : Annual return of procurement/disbursement of Essential Narcotic Drugs
FORM NO. 3J : Estimate of annual requirement of essential narcotic drugs
FORM NO. 4 : Certificate of official approval of import
FORM NO. 4A : Certificate of official approval of import under the proviso to rule 54
FORM NO. 5 : Authorisation for official approval of export
FORM NO. 6 :
FORM
7 :
FORM NO. 8 : Application/requisition for standard samples of narcotic drugs or psychotropic substances
FORM NO. 9 : Annual report to the chief controller of factories on receipt, consumption and balance of samples of narcotic drugs or psychotropic substances
4. Headquarters of the
5. Procedure for filing appeals and
6. Procedure for registration of appeals
7. Procedure after registration of
8. Joint hearing and disposal of appeals
9.
10. Adjournment
11. Dismissal of appeal for appellant’s
12. Effect of death, insolvency, etc.
13. Remand of case by the
14. Production
15.
16. Pronouncement
17.
18.
19.
20.
APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (CONDITIONS OF SERVICE OF CHAIRMAN AND MEMBERS) RULES, 1989
NARCOTIC DRUGS AND
PSYCHOTROPIC
SUBSTANCES (AUTHENTICATION OF DOCUMENTS) RULES, 1992
1. Short title and commencement 187
2. Authority for authentication and the manner of authentication of documents. 187
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (EXECUTION OF BOND BY CONVICTS OR ADDICTS) RULES, 1985
1. Short title and commencement
2. Forms of bonds to be executed under section 34
3. Form of bond to be executed under section 39
FORM I : Bond to abstain from commission of any offence under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act, 1985
FORM II : Bond to appear before the court after medical treatment for de-toxification/de-addiction and to abstain from commission of any offence under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act, 1985 189
FORM III : Bond to abstain from the commission of any offence under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act, 1985 for a period to be specified by the court and on failure so to abstain, to appear before the court and receive sentence when called upon during such period
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES CONSULTATIVE COMMITTEE RULES, 1988
CHAPTER I PRELIMINARY
1. Short title and commencement
2. Definitions
II
12.
13.
CHAPTER III
CHAPTER IV
ILLEGALLY ACQUIRED PROPERTY (RECEIPT, MANAGEMENT AND DISPOSAL) RULES, 1989
1. Short title and commencement
2. Definitions
3. Assistance to the Administrators
4. Designation
5.
6.
7.
8.
9. Management of
11.
12. Storage of
13. Placement of
14. Opening and re-sealing
15. Maintenance of
1.
APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (FEES) RULES, 1989
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NATIONAL FUND FOR CONTROL OF DRUG ABUSE) RULES, 2006
FORM A : Form for application for grant from the national fund for control of drug abuse
FORM B : Format for annual returns to be submitted by the applicant receiving payment out of the national fund for control of drug abuse
ANNEXURE I : Accounting procedure for the “national fund for control of drug abuse”
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (SEIZURE, STORAGE, SAMPLING AND DISPOSAL) RULES, 2022
CHAPTER I
PRELIMINARY
1.
3. Classification of
8. Application to Magistrate
CHAPTER III
SAMPLING
10.
16.
20.
21. Procedure to be followed by the Drug Disposal Committee with regard to
22.
23.
24.
25.
of
drugs, psychotropic substances, controlled substances and conveyances under subsection (2) of section 52A of Narcotic Drugs and Psychotropic Substances Act,
FORM 10 : Certificate of disposal
FORM 11 : Quarterly report to be submitted by the head of department of central drug law enforcement agency/state drug law enforcement agency to the narcotics control bureau
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (REGULATION OF CONTROLLED SUBSTANCES) ORDER, 2013
1. Short title and commencement
2. Definitions
3. Power to include Controlled Substance in Schedules
4. Prohibition of manufacture, trade and commerce, possession and consumption of controlled substance in ‘Schedule A’
5. Surrender of registration
6. Disposal of stocks on surrender of registration
7. Transport of controlled substance in Schedule A
8. Selling of controlled substance in Schedule A
9. Destruction of controlled substance in Schedule A
10. Export of controlled substance in Schedule B
11. Import of controlled substance in Schedule C
12. Labelling of consignment for export or import
13. Repeal and
FORM A : Registration for manufacture/distribution/sale/purchase/ possession/storage/consumption/offer for sale or distribution or mediate in sale/purchase through website, social media or in any other manner of controlled substances in Schedule A
FORM B : Application for registration for manufacture/distribution/ sale/purchase/possession/storage/consumption/offer for sale or distribution or mediate in sale/purchase through website, social media or in any other manner of controlled substances in Schedule A
FORM C : Register of manufacture of controlled substances in Schedule A
FORM D : Register of consumption, sale, import or export of controlled substance in Schedule A
FORM E : Quarterly return of manufacture of controlled substance in Schedule A
FORM F : Quarterly return of receipt, import, sale, consumption or export of controlled substance
FORM G : Consignment Note
FORM H : Quarterly report on transport of controlled substance to a consignee outside the zone of a consignor
FORM I : Application for destruction of controlled substance in Schedule A
FORM J : Application form for export of controlled substance in Schedule B
FORM K : Application form for import of controlled substance in Schedule C
FORM L : Quarterly return for inquiries hosted/dealt by broker/B2B portals for controlled substances in Schedule A
Narcotic Drugs and Psychotropic Substances Act, 1985
[ACT 61 OF 1985]1
An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances 2[, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances] and for matters connected therewith.
BE it enacted by Parliament in the Thirty-sixth year of the Republic of India as follows:—
CHAPTER I PRELIMINARY
Short title, extent and commencement.
1. (1) This Act may be called the Narcotic Drugs and Psychotropic Substances Act, 1985.
(2)It extends to the whole of India 3[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 date4 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State.
1.Dated 16-9-1985.
2.Inserted by the Narcotic Drugs Psychotropic Substances (Amendment) Act, 1988, w.e.f. 29-51989.
3.Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, w.e.f. 2-10-2001.
4.With effect from 14-11-1985, Vide Notification No. S.O. 821(E), dated 14-11-1985.
SECTION NOTES
This Act extends to the whole of India.
COMMENTS
This Act also applies also to the following persons—
(a) to all citizens of India outside India;
(b) to all persons on ships and aircrafts registered in India, wherever they may be.
Definitions.
2. In this Act, unless the context otherwise requires,—
5[(i) “addict” means a person who has dependence on any narcotic drug or psychotropic substances;]
(ii) “Board” means the Central Board of Excise and Customs constituted under the Central Boards 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, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish;
(b) ganja, that is, 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 or designated; and
(c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom;
(iv) “cannabis plant” means any plant of the genus cannabis;
6[(iva) “Central Government factories” means factories owned by the Central Government or factories owned by any company in which the Central Government holds at least fifty-one per cent of the 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;
5. Substituted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, w.e.f. 2-10-2001. Prior to its substitution, clause (i) read as under:
‘(i) “addict” means a person addicted to any narcotic drug or psychotropic substances;’
6. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014, w.e.f. 1-5-2014.
(vi) “coca leaf” means—
(a) the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any other ecgonine 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 Erythroxylon;
7[(viia) “commercial quantity”, in relation to Narcotic Drugs and Psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette;
(viib) “controlled delivery” means the technique of allowing illicit or suspect consignments of Narcotic Drugs, Psychotropic Substances, controlled substances or substances substituted for them to pass out of, or through or into the territory of India with the knowledge and under the supervision of an officer empowered in this behalf or duly authorised under section 50A with a view to identifying the persons involved in the commission of an offence under this Act;
(viic) “corresponding law” means any law corresponding to the provisions of this Act;]
8[(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 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;]
(viii) “conveyance” means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel;
9[(viiia) “essential narcotic drug” means a narcotic drug notified by the Central Government for medical and scientific use;]
10[11[(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 into
7. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, w.e.f. 2-10-2001.
8. Clause (viia) relettered as clause (viid), ibid.
9. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014, w.e.f. 1-5-2014.
10. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988, w.e.f. 29-5-1989.
11. Clause (viiia) relettered as clause (viiib) by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014, w.e.f. 1-5-2014.
India, export from India or transhipment, of narcotic drugs or psychotropic substances;
(iv) dealing in any activities in narcotic drugs or psychotropic substances other than those referred 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 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 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 the aforementioned activities; and
(3) harbouring persons engaged in any of the aforementioned activities;]
(ix) “International Convention” means—
(a) the Single Convention on Narcotic Drugs, 1961, adopted by the United Nations Conference at New York in March, 1961;
(b) the Protocol, amending the Convention mentioned in sub-clause (a), adopted by the United Nations Conference at Geneva in March, 1972;
(c) the Convention on Psychotropic Substances, 1971, adopted by the United Nations Conference at Vienna in February, 1971; and
(d) 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;
(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, having regard to the available information as to its nature or to a decision, if any, under any International Convention, 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, having regard to the available information as to its nature or to a decision, if any, under any International Convention, 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) “Narcotic Commissioner” means the Narcotics Commissioner appointed under section 5;
(xiv) “narcotic drug” means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured 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 opium poppy, 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 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;
(b) prepared opium, that is, any product of opium obtained 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;
(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 any diacetylmorphine;
(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 alkaloid can 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 harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom;
(xix) “poppy straw concentrate” means the material arising when poppy straw has entered into a process for the concentration of its alkaloids;
(xx) “preparation”, in relation to a narcotic drug or psychotropic substance, means any one or more 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 the separation of opium, poppy straw, coca leaves or cannabis from the plants from which they are obtained;
(xxiii) “psychotropic substance” means any substance, natural 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;
12[(xxiiia) “small quantity”, in relation to Narcotic Drugs and Psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette;]
(xxiv) “to import inter-State” means to bring into a State or Union Territory in India from another State or Union Territory in India;
(xxv) “to import into India”, with its grammatical variations and cognate expressions, means to bring into India from a place outside India and includes the bringing into any port or airport or place in India of a narcotic drug or a psychotropic substance intended to be taken out of India without being removed 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 territorial waters of India;
(xxvi) “to export from India”, with its grammatical variations and cognate expressions, means to take 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 another State or Union Territory in India;
(xxviii) “to transport” means to take from one place to another within the same State or Union Territory;
13[(xxviiia) “use”, in relation to narcotic drugs and psychotropic substances, means any kind of use except personal consumption;]
(xxix) words and expressions used herein and not defined but defined in the Code of Criminal Procedure, 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 liquid preparations shall be calculated on the basis that a preparation
12. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001, w.e.f. 2-10-2001.
13. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988, w.e.f. 29-5-1989.
containing one per cent of a substance means a preparation in which one gram of substance, if solid, or one millilitre of substance, if liquid, is contained in every one hundred millilitre of the preparation and so on in proportion for any greater or less percentage:
Provided that the Central Government may, having regard to the developments in the field of methods of calculating percentages in liquid preparations prescribe, by rules, any other basis which it may deem appropriate for such calculation.
COMMENTS
SECTION NOTES
Addict [Section 2(i)]
“Addict” means a person who has dependence on any narcotic drug or psychotropic substance.
Narcotic Drug [Section 2(xi)]
“Narcotic drug” means: coca leaf [See Section 2(vi)], cannabis (hemp) [See Section 2(iii)], opium [See Section 2(xv)], Poppy straw [See Section 2(xviii)] and The term “Narcotic drug” also includes all manufactured drugs. Psychotropic substance [See Section 2(xxxiii)]
“Psychotropic substance” means any substance included in the list of psychotropic substances specified in the Schedule to this Act. It does not matter whether such substance is natural or synthetic. The term also covers any natural material or any salt or preparation of such substance or material.
See Section 3 as regards the Power of the Central to add to or omit from the list of psychotropic substances specified in the Schedule by amending the Schedule by a notification in the Official Gazette.
Power to add to or omit from the list of psychotropic substances.
3. The Central Government may, 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 and effects of, and the abuse or the scope for abuse of, any substance (natural or synthetic) or natural material 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 International Convention with respect to such substance, natural material or salt or preparation of such substance or material, by notification in the Official Gazette, add to, or, as the case may be, omit from, the list of psychotropic substances specified in the Schedule such substance or natural material or salt or preparation of such substance or material.
Narcotic Drugs and Psychotropic Substances Act 1985 with Rules – Bare Act with Section Notes
AUTHOR :Taxmann’s Editorial Board
PUBLISHER :Taxmann
DATE OF PUBLICATION:December 2025
EDITION :2026 Edition
ISBN NO :9789371268158
No. of Pages :324
BINDING TYPE:Paperback
Rs. 255
DESCRIPTION
Narcotic Drugs and Psychotropic Substances Act 1985 with Rules [Bare Act with Section Notes] by Taxmann is an authoritative statutory publication covering India’s primary law governing narcotic drugs, psychotropic substances, controlled substances, and related o ences The dition presents the complete, updated text of the NDPS Act 1985, together with the relevant Rules and allied legislation, supplemented by concise, section wise notes These notes clarify legislative intent, statutory scope, and procedural application while preserving the precision and neutrality of an accurate Bare Act The publication serves as a dependable statutory reference for interpretation, enforcement, compliance, and adjudication under India’s narcotics control framewor
This book is intended for the following audience:
•Practising Lawyers & Legal Consultants
• udicial cers & Law nforcement
•Government Departments & Authorities
•Students, Researchers & Academicians
•Compliance cers & Corporate Legal Teams
The Present Publication is the 5 dition, covering the amended and updated text of the NDPS Act [Act No 1 of 1985] and Rules, with the following noteworthy features:
• [Complete Text of the NDPS Act 1985] Presented in a clear Bare Act format for accurate reference
• [Pre-amendment Provisions] arlier versions of amended provisions are included in amendment footnotes
• [ les Noti cations] Covers the NDPS Rules 1985 and other procedural and regulatory rules
• [Allied Legislation] Includes the Prevention of Illicit Tra c in Narcotic Drugs and Psychotropic Substances Act 1988 and the NDPS Regulation of Controlled Substances rder 1
• [Section Notes] Brief, section-wise notes for quick statutory understanding
• [Forms & Schedules] Prescribed statutory forms and schedules for practical use
• [User-friendly Layout] Logical arrangement with section-wise indexing and a detailed subject index
• [Practical Utility] Suitable for court practice, enforcement agencies, regulatory o ces, and academic use