NDPS Act 1985 presented by Gauri Gurawa #pharmaceutical Jurisprudence B Pharmacy

1. PHARAMACEUTICALJURISPRUDENCE
{NDPSACT,1985}
NARCOTIC DRUG AND
PSYCHOTROPIC SUBSTANCE
ACT 1985
PRESENTED BY :
GAURI GURAWA
ROLL NO. 69
GUIDED BY :
VINAYK BODHANKAR SIR

2. CONTENS
History
Introduction
Definition
Psychotropic Substance
Authorities And Officers
The Narcotic and Psychotropic Drug Consultative Committee
Prohibition ,Control And Regulation
Power of Central And State Government
Offences and Penalties
References

3. HISTORY AND
INTRODUCTION
Central Act like
Opium Act 1857
Dangerous Drugs Act 1930
Many drawback have come to notice in
those acts
Narcotics Drugs And
Psychotropic Substance Act
And Rule Passed 1985
Rectifying all the
deficiencies in the
above Acts
Prohibit control and regulate
The operation relating to
narcotics drugs and
psychotropic substance
It is also provide licensing system for both
central and state government to regulate
Manufacture cultivation ,import ,
transportation,sale and possession etc. of
narcotic drugs and psychotropic substance

4. OBJECTIVES
Prohibit ,Control and regulate the operation relating to narcotic drugs and
psychotropic substance .
It also provide licensing system for both central and state government to regulate
manufacture ,cultivation, import,export,interstate traffic transportation and sale of
narcotic and psychotropic substance .
IMPORTANT POINTS :
~ Central government have empowered to amend list of psychotropic substance.
~ Power of central government and State government to permit ,control and
regulate rules and regulation related to the opium.
~ Govt. Opium factory located in GHAZIPUR and Neemuch .

5. DEFINITION
1. Coca plant : It means the plant any species of the genus Erythroxylon.
Coca derivatives:
~Extract of coca leaf
~All preparation containing not more than 0.1 % of cocaine .
2. Canabis :
Bhang : Leaves of plant Cannabis sativa.
Ganja : Flowering or fruiting tops of the cannabis plant (exclude seeds or leves )
Charas : separted resin and resin known as hashish oil or liquid hashish.
3. Opium :
Coagulated juice of the opium poppy but does not include any preparation containing
not more than 0.2%of morphine
~ Opium derivative :
All preparation containing more than 0.2 % morphine or containing any
diacetylmorphine .
~Poppy straw means all part (except the seed) of the opium poppy .

6. 4. Commercial quantity : In relation to narcotic drugs and psychotropic substance
means any quantity greater than the quantity the quantity specified by the central
government .
5. Small quantity : In relation to narcotic drug and psychotropic substance means any
quantity lesser than quantity specified by the central govt.

7. PSYCHOTROPIC SUBSTANCE : It means any substance natural
or synthetic or any sale or preparation of such substance or material
which is included in the list of psychotropic substance specified in
schedule.
EXAMPLE :
Lysergic Acid derivative (LSD)
Alprazolam,
Amphetamine
Amobarbital,
Glutathimide
Benzodiazepam
Estrazolam ,
Muscaline,
Midazolam,
Mazindol
Diazepam
Ketamine,
Psilocybine,
Pentazocine ,
Pentobarbitol

8. AUTHORITY AND OFFICER
 Measures by Central Government
Officer of Central Government
 Narcotics drugs and Psychotropic
substances consultative committee
National fund for control of drug abuse
 Officer of State Government

9. AUTHORITIES AND OFFICER :
• Measure by Central Government :
• Central government to take measurers for preventing and
combating abuse of and illicit traffic in narcotic drugs etc.
Central government take measure respect of the following
matter:
• Coordination of actions by various officers , State
Governments and other authorities.
• Assistance to the concerned authorities in Foreign
countries and concerned international organization with a
view to facilitating coordination and universal action for
prevention and suppression of illict traffic in narcotic drugs
and psychotropic substances.
• Identification ,Treatment ,education ,after care ,
rehabilitation and social re-itegration of addicts.
1

10. 2. OFFICERS AND CENTRAL GOVERNMENTS
Narcotic Commissioner:
Under the provision of this act ,the central Government may appoint
Narcotic Commissioner and such officer as it thinks fit .
Narcotics Commissionre himself or with the help of other officers shall
perform the functions relating to :
1. The supervision of the cultivation of the oium poppy .
2. Production of opium and
3. Other functions as may be entrusted to him by the Central
Government.
4. The State Government may appoint such officers as deemed it for the
purposes of this Act .

11. 3. NARCOTICS DRUGS AND PSYCHOTROPIC SUBSTANCES
CONSULTATIVE COMMITTEE
Constituted for efficient administration of this Act by Central
Government as an advisory committee.
Consists of Chairman and not more than 20 members.
FUNCTION : Advice the Central Government on the matters
relating to administrationof this Act.

12. 4. NATIONAL FUND FOR CONTROL OF DRUG
ABUSE
 The Central Government may,by notification in the Official Gazette, constitute a Fund
to be called the National Fund for Control Drug Abuse and there shall be credited.
 The Fund shall be applied by the Cetral Government to meet the expenditure incurred
in connection with the measures taken for:
• Combating illict traffic in narcotic drugs, psychotropic
substance or controlled substances
• Controlling the abuse of narcotic drugs and
psychotropic substances.
• Identifying, Treating ,rehabilitating addicts.
• Preventing drug abuse
• Educating public against drug abuse

13. 5.OFFICERS OF STATE GOVERNMENT :
 The state government may appoint such
officers with such officers with designations
as it thinks fit for the purposes of this act .
 The officers appointed under sub-section
shall be subject to the general control and
direction of the state government ,or if so
directed by that government also of any
authority or officer.

14. • PROBIHTION ,CONTROL AND REGULATION
1. Prohibition of certain operations:
a) Cultivate any coca plant or gather any portion of coca plant; or
b) Cultivate the opium poppy or any cannabis plant; or
c) Produce, manufacture, possess, sell, purchase, transport, warehouse, use,
consume , import inter-State , export inter-State ,import into India , export from
India or transship any narcotic drug or psychotropic substance.
2. Prohibition of certain activity relating property derived from offence.
No shall be:
a) Convert or transfer any property knowing that property are derived from offence.
b) Conceal or disguise the true nature, source, location, disposition derived from
offence.

15. • POWER OF CENTRAL AND STATE
GOVERNMENT
1. Power of Central Government :
• Under the provision of section 8, the Central Government may make rules
To Permit, control and regulate :
 The cultivation, or gathering of any portion (such cultivation or gathering
being only on account of the Central Government ),or the production,
possession, sale, purchase, transport, import inter-State, export inter-State, use
or consumption of coca leaves and opium poppy and cannabis plant and
medicinal opium or any narcotic and psychotropic drugs.
 Fix the limits and licenses from time to time.

16. 2. Power of State Government :
To Permit, Control and Regulate
The possession, sale, purchase, transport, import inter-State , export inter-
State, use or consumption of coca leaves and opium poppy and cannabis
plant and medical opium or any narcotic and psychotropic drugs.
Manufacture and possession of prepared opium from opium from opium
lawfully.
•



17.  OFFENCES AND PENALTIES
Sr.
No.
Offence First Conviction Second
Conviction
1. In relation to poppy plant (Opium) transport sale,
purchase, import, export
Where contravention involves small quantity 6M/10000RS
Lesser than commercial quantity but greater than
small quantity
10Y/1Lakh
Commercial quantity 10-20Y/1-2 Lakh 10-20Y/1-2Lakh
2. In relation to cannabis plant (Opium) transport,
sale, purchase, import, export
Where contravention involves small quantity 6m/10000
Lesser than commercial quantity but greater than
small quantity
10y/1Lakh
Commercial quantity 10-20Y/ 1-2 Lakh 10-20Y/ 1-2Lakh

18. 3. In relation to psychotropic plant (Opium)-
transport,sale, purchase, import, export
Where contravention involves small quantity 6M/10000
Lesser than commercial quantity but greater than
small quantity
10Y/1Lakh
Commercial quantity 10-20Y/1-2Lakh 10-20Y/1-2Lakh
4. Illgal transport ,sale, purchase, import, export of
psychotropic substance
Where contravention involves small quantity 6M/10000
Lesser than commercial quantity but greater than
small quantity
10Y/1-2Lakh
Commercial quantity 10-20Y/1-2Lakh 10-20Y/1-2Lakh
5. In relation to coca plant-transport, sale, purchase 10Y/Lakh

19. 6. Embezzlement or illegal disposing of opium by
cultivations
10-20Y/1-2Lakh
7. External dealing in narcotic drugs and psychotropic
substances
--------”----------
8. Allowing premises to be used for commission of
offence
--------”-----------
9. Financing illict traffic and harbouring offenders ---------”---------
10. License –unable to maintain account, fails to
produce license
3Y
11. Consumption of narcotic and psychotropic
substances
1Y/20000
12. Offence with no punishment 6M
13. Death penalty (quantity more than specified by
Govt.)
Death

20. THANK YOU
EVERYONE