Background
The Narcotic Drugs and Psychotropic Substances Act, 1985 was enacted to consolidate and amend laws relating to narcotic drugs and psychotropic substances, providing strict measures for their control, regulation, and prevention of illegal activities, including forfeiture of property linked to illicit trafficking, while also implementing international conventions. The Narcotic Drugs and Psychotropic Substances Rules, 1985 were introduced under the Act to regulate operations involving these substances, ensuring their use is limited to medical and scientific purposes and preventing misuse and illegal trade.
Application
This act along with the rules shall be applicable across India, to Indians residing outside India, and persons on ships or aircraft registered in India.
Compliance Requirements under the Act in Accordance with the Laws
Possession, sale and distribution of manufactured drugs under Chapter V of NDPS Act (Rule 45A)
The licensee shall not possess or sell or distribute the drug otherwise than in accordance with the rules made by the State Government under the Act.
Destruction of manufactured drugs by licensee (Rule 45A)
A licensee seeking to destroy a drug must apply to the Narcotics Commissioner in the prescribed form and manner. The destruction must be carried out in accordance with the applicable laws in force.
Within 30 days of application, the Narcotics Commissioner shall form a committee to supervise drug destruction, which must be completed within 30 days of its appointment.
Maintenance of accounts and submission of return by Licensee (Rule 46)
The licensee must maintain accurate records of all transactions, including materials used, quantities manufactured, sold, or disposed of, and submit returns in the forms and manner specified by the Narcotics Commissioner.
Maintenance of Inspection Book (Rule 47(2))
A serially numbered Inspection Book shall be maintained by the licensee in good condition for the use of Inspecting officer.
Surrender of licence by licensee (Rule 51)
A licensee may, if he so desires, surrender his licence, by giving not less than 15 days’ notice in writing to the issuing authority.
Restriction on possession of essential narcotic drugs (Rule 52A)
No person shall possess any essential narcotic drug otherwise than in accordance with the provisions of NDPS Rules
a) Any person may possess an essential narcotic drug in such quantity as has been at one time sold or dispensed for his use in accordance with the provisions of these rules.
b) Registered Medical Practitioner/recognised medical institution may possess such drug in such quantities and purposes as specified in the Rules
c) A manufacturer may possess essential narcotic drug in such quantity as may be specified in licence issued under Rule 36/36A/37 of these rules or licence issued for manufacturing preparations of essential narcotic drugs under rules made by State Government U/s 10 of Act. Provided that there shall be no limit to the possession of essential narcotic drug by the Government Opium Factories.
d) A licenced dealer or a licenced chemist may possess essential narcotic issued drug in such quantity, and in such manner as may be specified in the licence under these rules.
7. Licence to possess/sell/exhibit/offer for sale/distribution(retail/wholesale) of essential narcotics drug (Rule 52B)
A licensed dealer or chemist must have a License to possess, sell, exhibit or offer for sale or distribution by retail or wholesale, essential narcotic drugs.
A licensed dealer or chemist must apply to the State-designated authority for a licence to possess, sell, or distribute essential narcotic drugs. The application must be submitted in the form and manner specified by that authority.
The licence to possess, sell, exhibit or offer for sale or distribution by retail or wholesale, essential narcotic drugs shall have the same conditions as are applicable to a licence to possess, sell, exhibit or offer for sale or distribution by retail or wholesale, manufactured drugs under the rules framed under section 10 of the Act by the State Government.
Import Inter-State and Export Inter-State of essential narcotic drugs (Rule 52C)
Any person who is permitted to possess essential narcotic drug under rule 52A may import inter-State or export inter-State such drug upto the quantity he is permitted to possess.
9. Sale of narcotic drugs by manufacturers/licenced dealers (Rule 52F)
A manufacturer or licensed dealer may sell essential narcotic drugs without prescription only to authorised entities such as licensed manufacturers, licensed dealers, licensed chemists, registered medical practitioners, persons authorised by the Drugs Controller, or recognised medical institutions.
10. Prohibition on import/export of Narcotic drugs and psychotropic substances (Rule 53)
Import or export of narcotic drugs and psychotropic substances is prohibited unless done with a valid import certificate or export authorization under Chapter VI of NDPS Act. Substances in Schedule I may be imported or exported only for purposes specified in Chapter VIIA.
11. Prohibition on import of Opium,etc (Rule 54)
The import of—
(i) opium, concentrate of poppy straw, and
(ii) morphine, codeine, thebaine, and their salts is prohibited save by the Government Opium Factory
Nothing in this rule shall apply to import of morphine, codeine, thebaine and their salts by manufacturers notified by the Government,for use in manufacture of products to be exported or to imports of small quantities of morphine, codeine and thebaine and their salts not exceeding a total of 1 kilogram [during a calendar year for analytical purposes by an importer], after following the procedure under rule 55 and subject to such conditions as may be specified in the import certificate issued in Form No. 4A.
12. Form No. 4A: Certificate of official approval of Import under Rule 54 proviso (Rule 54,55)
7 copies will be prepared of the Import Certificate to be dealt with as follows:
Original & duplicate supplied to importer who then sends Original to exporter; duplicate used for customs clearance and returned with endorsements. Importer submits endorsed copy to issuing authority via State officials. Other copies go to Customs, State Excise/Drugs Controller, exporting country, Central Drugs Controller, and issuing authority.
13. Form No. 4: Certificate of official approval of Import (Rule 55, Rule 56)
Import of any narcotic drug or psychotropic substance into India requires an import certificate in Form 4 or 4A issued by the competent authority. For narcotic drugs, the importer must also submit the original or certified copy of the State Government excise permit.
7 copies will be prepared of the Import Certificate to be dealt with as follows:
Original & duplicate supplied to importer who then sends Original to exporter; duplicate used for customs clearance and returned with endorsements. Importer submits endorsed copy to issuing authority via State officials. Other copies go to Customs, State Excise/Drugs Controller, exporting country, Central Drugs Controller, and issuing authority.
14. Requirement of valid export Authorization to transit drugs and substances through India (Rule 57)
Subject to Section 79 of NDPS Act and Rule 53, no consignment of any narcotic drug, or psychotropic substances shall be allowed to be transited through India unless such consignment is accompanied by a valid export authorisation in this behalf, issued by the Government of the exporting country
Provisions of this rule shall not apply to the carriage by any ship or aircraft, of small quantities of such narcotic drugs and psychotropic substances which are essential for treatment of, or medical aid to, any person on board the ship or aircraft.
15. Form No. 5: Authorization for official approval of Export (Rule 58 & 59)
Export of narcotic drugs requires export authorization in Form 5. The exporter must submit a State excise permit (for narcotic drugs) and an import certificate from the importing country. Applications follow prescribed forms and include a ₹1,000 fee.
The Narcotics Commissioner shall issue or deny the export authorization referred to in sub-rule (1) of rule 58 within a period of twenty one working days from the date of receipt of an application completed in all respects and in case the export authorization is not issued within the stipulated time period or denied, the Narcotics Commissioner or any other officer authorised by him in this regard shall inform the applicant the reasons thereof
Where the consignment of narcotic drug or psychotropic substance is to be transhipped or transited through one or more countries, such additional number of copies of export authorisation as may be required shall be prepared and sent to the concerned country or, as the case may be, countries.
16. Prohibition on Transhipment of Narcotic drugs or psychotropic substance without permission (Rule 60,61)
No consignment of narcotic drugs or psychotropic substances may be transhipped at any port in India without permission from the Commissioner of Customs, subject to section 79 of the Act and rule 53.
Section 79: All prohibitions and restrictions imposed by or under this Act on the import into India, the export from India and transhipment of narcotic drugs and psychotropic substances shall be deemed to be prohibitions and restrictions imposed by or under the Customs Act, 1962 and the provisions of that Act shall apply accordingly:
Provided that, where the doing of anything is an offence punishable under that Act and under this Act, nothing in that Act or in this section shall prevent the offender from being punished under this Act.
Rule 61. Procedure for transhipment.-The [Commissioner of Customs] while allowing any consignment of narcotic drug, or psychotropic substances, to be transhipped shall, inter alia, satisfy himself that the consignment is accompanied by a valid export authorisation issued by the exporting country.
17. Prohibition of import/export of consignments through post/office box, etc (Rule 63)
Import or export of narcotic drugs or psychotropic substances through a post office box or through a bank is prohibited.
The import or export of consignments of any narcotic drug or psychotropic substance through a post office box or through a bank is prohibited.
18. Prohibition to manufacture psychotropic substances (Rule 64)
Psychotropic substances may be manufactured only with a licence under the Drugs and Cosmetics Rules, 1945 issued by the State Drugs Control authority. For substances in Schedule I, licences are granted only for purposes specified in Chapter VIIA.
The quantity of the said psychotropic substance which may be manufactured by a licensee in a year shall be intimated by the Licencing Authority to the licensee at the time of issuing the licence.
19. Mandatory Registration with Narcotics Commissioner for Each Psychotropic Substance Manufactured (Rule 65 (1))
A person who has been issued licence to manufacture one or more psychotropic substances shall register with the Narcotics Commissioner for each of the substances in the form and manner as may be specified by the Narcotics Commissioner
20. Prohibition on sale/purchase/consumption or use of psychotropic substances (Rule 65A)
No person shall sell, purchase, consume or use any psychotropic substance except in accordance with the Drugs and Cosmetics Rules, 1945. Psychotropic Substances listed in Schedule I may be used only for purposes specified in Chapter VIIA.
21. Prohibition on possession, etc of psychotropic substances (Rule 66)
No person may possess a psychotropic substance unless lawfully authorised under these rules for purposes covered by the 1945 Rules. Psychotropic Substances in Schedule I may be possessed only for purposes specified in Chapter VIIA.
An individual may possess the quantity not exceeding one hundred dosage units at a time for his personal medical use. An individual may also possess quantity not exceeding three hundred dosage units at a time for his personal long term medical use if specifically prescribed by a Registered Medical Practitioner.
22. Form 6: Consignment note for transport of psychotropic substances (Rule 67)
Psychotropic substance consignments transported or imported/exported inter-state must carry a consignment note in Form 6. Schedule I psychotropic substances may be moved only for Chapter VIIA purposes and require export authorization under Rule 59 from the Narcotics Commissioner for export.
Consignment note shall be prepared in triplicate. Original and duplicate copies to be sent with the consignment; the consignee endorses quantity received and returns the duplicate to the consignor. Both parties must keep the note for two years for inspection by authorised officers. Form 6 is not required if the consignment is accompanied by a signed sale bill, invoice, cash memo or similar document containing consignor and consignee details, licence number (except for research institutions, hospitals, dispensaries, or registered medical practitioners), description, batch number, quantity, and transport details. Such documents must also be preserved for two years.
23. Restrictions over external dealings in narcotic drugs and psychotropic substances. (Section 12)
No person shall engage in or control any trade whereby a narcotic drug or psychotropic substance is obtained outside India and supplied to any person outside India save with the previous authorisation of the Central Government and subject to such conditions as may be imposed by that Government
24. Special provisions relating to coca plant and coca leaves for use in preparation of flavouring agent (Section 13)
Central Government may permit, with conditions, cultivation, use, and trade of coca leaves for preparing flavouring agents without alkaloids, to the extent necessary.
Notwithstanding anything contained in section 8, the Central Government may permit, with or without conditions, and on behalf of Government, the cultivation of any coca plant or gathering of any portion thereof or the production, possession, sale, purchase, transport, import interstate, export inter-State or import into India of coca leaves for use in the preparation of any flavouring agent which shall not contain any alkaloid and to the extent necessary for such use.
25. Special provision relating to cannabis (Section 14)
Government may allow cannabis cultivation for fibre, seed, or horticultural use, subject to specified conditions.
Notwithstanding anything contained in section 8,
Government may, by general or special order and subject to such conditions as may be specified in such order, allow cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes.
Penalty & Punishment
Section 15: Anyone who illegally produces, possesses, transports, imports/exports between states, sells, purchases, uses, warehouses, or handles poppy straw in violation of the Act, rules, orders, or licence conditions is punishable depending on the quantity involved:
Note: The court may impose a fine exceeding ₹2 lakh if justified and recorded in the judgment.
U/s 16: Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, 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.
U/s 17: Illegal dealing with prepared opium (manufacture, possession, sale, transport, use, etc.) is punishable based on quantity:
U/s 18: Anyone who illegally cultivates opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports/exports between states, or uses opium in violation of the Act, rules, or licence conditions is punishable based on the quantity involved:
Section 19: Punishment for embezzlement of opium by cultivator.—Any cultivator licensed to cultivate the opium poppy on account of the Central Government who embezzles or otherwise illegally disposes of the opium produced or any part thereof, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
U/s20: Punishment for contravention in relation to cannabis plant and cannabis – Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder,—
(a) cultivates any cannabis plant; or(b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis,shall be punishable (i) where such contravention relates to clause (a) with rigorous imprisonment for a termwhich may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees; and
(ii) where such contravention relates to sub-clause (b),—
(A) and involves small quantity, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both;
(B) and 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;
(C) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees
U/s21: Anyone who illegally manufactures, possesses, sells, buys, transports, imports, exports, or uses a manufactured drug faces punishment based on quantity:
U/s 22: Punishment for contravention in relation to psychotropic substances. – Anyone who illegally manufactures, possesses, sells, buys, transports, imports, exports, or uses a psychotropic substance is punished based on quantity:
U/s 24: Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12.—Whoever engages in or controls any trade whereby a narcotic drug or a psychotropic substance is obtained outside India and supplied to any person outside India without the previous authorisation of the Central Government or otherwise than in accordance with the condition (ifany) of such authorisation granted under section 12, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.
U/s23: Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances: Illegal import, export, or transshipment of narcotic drugs or psychotropic substances is punishable based on quantity:
U/s 26: Punishment for certain acts by licensee or his servants.—If the holder of any licence, permit or authorisation granted under this Act or any rule or order made thereunder or any person in his employ and acting on his behalf—
(a) omits, without any reasonable cause, to maintain accounts or to submit any return in accordance with the provisions of this Act, or any rule made thereunder;
(b) fails to produce without any reasonable cause such licence, permit or authorisation on demand of any officer authorised by the Central Government or State Government in this behalf;
(c) keeps any accounts or makes any statement which is false or which he knows or has reason to believe to be incorrect; or
(d) wilfully and knowingly does any act in breach of any of the conditions of licence, permit or authorisation for which a penalty is not prescribed elsewhere in this Act, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
Section 27: If a person consumes narcotic drugs or psychotropic substances, the punishment depends on the type of substance:
Section 27B: Punishment for contravention of section 8A.—Whoever contravenes the provision of section 8A shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to ten years and shall also be liable to fine.
Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article.