
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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