Key Compliances under Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013

Background

 

The Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013 was issued under the NDPS Act to regulate and monitor controlled substances used in the manufacture of narcotic drugs and psychotropic substances. It aims to prevent diversion of such substances for illicit use while ensuring their availability for legitimate industrial, medical, and scientific purposes.

Application

 

The order applies to every person who has been registered to distribute, sell, purchase, possess, store, or consume any controlled substance included in Schedule-A, Schedule B and Schedule C given under this order.

Compliance Requirements under the Order in Accordance with the Act

 

  1. Form A: Unique registration number for manufacture/distribution/sale/purchase/possession/storage of controlled substances in Schedule-(Clause 4(1), (2), (3) & (4))

 

No person shall manufacture, distribute, sell, purchase, possess, store, or consume any controlled substance included in Schedule-A without obtaining a unique registration number in Form-A issued by the Zonal Director of the Narcotics Control Bureau. Application must be made in Form-B, and registration is granted or denied within 30 working days with reasons recorded.

  1. Form C: Register of manufacture of controlled substances in Schedule-A (Clause 4(5))
    Every registered manufacturer of Schedule-A controlled substances shall maintain daily accounts in Form-C. These records must be preserved for a minimum period of five years from the date of the last entry to ensure traceability and regulatory compliance.
  2. Form D: Register of consumption, sale, import or export of controlled substances in Schedule-A (Clause 4(5))
    Every registered person involved in distribution, sale, purchase, possession, storage, or consumption of Schedule-A controlled substances must maintain daily records in Form-D. These records must be preserved for at least five years from the date of the last entry.
  3. Form E: Quarterly return of manufacture of controlled substances in Schedule-A (Clause 4(6), (7))
    Every registered manufacturer of Schedule-A controlled substances shall submit a quarterly return in Form-E to the concerned Zonal Director of the Narcotics Control Bureau having jurisdiction over the area.
  4. Form F: Quarterly return of receipt, import, sale, consumption or export of controlled substances (Clause 4(6), (7))

Every registered person dealing with receipt, import, sale, consumption, or export of Schedule-A controlled substances must file a quarterly return in Form-F with the concerned Zonal Director of the Narcotics Control Bureau.

  1. Reporting loss or disappearance of controlled substances (Clause 4(8))
    Every registered person dealing with Schedule-A controlled substances must immediately report any loss or disappearance to the concerned Zonal Director of the Narcotics Control Bureau, with a copy to the Director General, NCB, New Delhi.
  2. Form G: Consignment note for transport within India (Clause 7(1), (2), (5), (6), (7))
    No consignment of Schedule-A controlled substances shall be transported within India without a consignment note in Form-G. The note must be prepared in triplicate, accompany the consignment, and be preserved for at least five years
  3. Non-receipt of endorsed duplicate consignment note (Clause 7(3))
    If the consignor does not receive the endorsed duplicate copy of the consignment note confirming receipt, they must report the loss or disappearance of the consignment within 45 days from the date of dispatch as per Clause 4(8).
  4. Imported consignments to be accompanied by Bill of Entry (Clause 7(4))

All imported consignments of Schedule-A controlled substances must be accompanied by a Bill of Entry during movement from the port to the destination. The document must be preserved for at least five years and produced when required by authorities.

  1. Transport of controlled substances in tankers or packages (Clause 7(8))

When transporting Schedule-A controlled substances in tankers or packages, all inlets and outlets must be sealed with tamper-proof seals at the consignor’s premises and opened only at the consignee’s premises. Seal details must be recorded in transport documents.

  1. Form H: Quarterly report for inter-zonal transport (Clause 7(9))

When controlled substances are transported between jurisdictions of different Zonal Directors of the Narcotics Control Bureau, the consignor must submit a quarterly report in Form-H to the concerned Zonal Director of the destination jurisdiction.

  1. Prohibition on sale to unregistered buyers (Clause 8)

No person shall sell Schedule-A controlled substances to a buyer who does not possess a valid registration number issued under Clause 4, except where specifically permitted under the proviso.

  1. Form I: Application for destruction of controlled substances (Clause 9)
    Any person intending to destroy Schedule-A controlled substances must apply in Form-I to the concerned Zonal Director. A committee is constituted within 30 days to supervise destruction, which must be completed within the prescribed timeline.
  2. Form J: No Objection Certificate for export (Clause 10(1), (2), (3), (4))

Export of Schedule-B controlled substances is permitted only with a No Objection Certificate issued by the Narcotics Commissioner. The certificate is valid for a single consignment and must be obtained prior to export.

  1. Submission of export details (Clause 10(5))

Exporters must submit complete export documentation, including invoice, cargo manifest, customs, and shipping documents, to the Narcotics Commissioner within 7 days of export, along with details of substance, quantity, and parties involved.

  1. Form K: No Objection Certificate for import (Clause 11(1), (2), (3), (4))

Import of Schedule-C controlled substances requires obtaining a No Objection Certificate in Form-K from the Narcotics Commissioner. The certificate is valid for a single consignment only.

  1. Submission of import details (Clause 11(5))

Importers must submit detailed import documentation to the Narcotics Commissioner within 7 days, including invoice, cargo manifest, customs, and shipping details, along with substance and party details.

  1. Proper labelling of consignments (Clause 12)

All import and export consignments must be properly labelled with details of the controlled substance, including name, quantity, and names and addresses of exporter, importer, and consignee. All related documents must be preserved for a minimum of five years.

Penalty & Punishments

U/s25A: Punishment for contravention of orders made under section 9A.—If any person contravenes an order made under section 9A, he shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees.

Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding one lakh rupees

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