Description
Narcotic Drugs & Psychotropic Substances Act 1985 and Rules
Coca opium and related substances are habit forming and these are called
dangerous drugs.
The cultivation of poppy plant ( Papaver somniferum) was brought under control in 1857 and was supplemented by opium act 1878 and by the central opium rules 1934.
Amended subsequently in 1950, 1957 and 1962.
To tackle the drug abuse globally two conventions were held in Geneva on sep 27, 1924 and feb 19, 1925 in acc with the assembly of league of nations and adopted what is known as Geneva convention.
Then dangerous drugs act was enacted to centralize and vest in the central govt the
control over certain operations realting dangerous drugs.
Also to increase and render uniform penalties for offences.
Act imposes certain restrictions on the cultivation, manufacture and trade
of dangerous drugs.
International conventions were held in 1961, 1971 and 1972 on narcotic and psychotropic drug substances.
The Narcotic Drugs & Psychotropic Substances Act and rules was enacted in india on 16th sep, 1985.
It states that “ to consolidate and amend the law realting to narcotic drugs, to make stringent provisions for the control and regulation of operation relating to narcotic drugs and psychotropic substances and for the matters connected therewith, “
Prevention of illicit traffic in NDPS Act was passed in 1988. Ultimate objective of all these is to prevent people becoming addict to drugs and have healthy social life .
WHO recommendation cigarettes and other tobacco products Act, 2003 was framed
- Definitions
Manufactured drug : - Tincture or extract of cannabis .
Derivative of cocoa, or opium . - Controlled Operation
Authorities and officers: - Narcotics Psychotropic Consultative
Committee :
National Fund For Controlling The
Drug Abuse :
Scope
Eligibility for receipt of assistance under NFCDA :
Factories:
Production and supply of the
opium:
Cultivation of poppy for poppy
heads
Sale and Export of opium
Manufacture of manufactured
drugs
Conditions for license for the manufacture of synthetic manufactured drugs
Schedules:
Precursor chemicals
Procedure for search, arrest,
seizer etc. with warrants
Search, arrest, seizer etc.
without warrant
Offences and Penalties
- Subject:- pharmaceutical Jurisprudence
- Course:- B.pharm (pharmacy),
- Semester:- 4th sem , sem :- 4
Narcotic Drugs & Psychotropic
Substances Act 1985 and Rules
PHARMACEUTICAL JURISPRUDENCE
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Aims and Objectives
Coca opium and related substances are habit forming and these are called
dangerous drugs.
The cultivation of poppy plant ( Papaver somniferum) was brought under control in 1857
and was supplemented by opium act 1878 and by the central opium rules 1934.
Amended subsequently in 1950, 1957 and 1962.
To tackle the drug abuse globally two conventions were held in Geneva on sep 27,
1924 and feb 19, 1925 in acc with the assembly of league of nations and adopted
what is known as Geneva convention.
Then dangerous drugs act was enacted to centralize and vest in the central govt the
control over certain operations realting dangerous drugs.
Also to increase and render uniform penalties for offences.
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Act imposes certain restrictions on the cultivation, manufacture and trade
of dangerous drugs.
International conventions were held in 1961, 1971 and 1972 on narcotic
and psychotropic drug substances.
The Narcotic Drugs & Psychotropic Substances Act and rules was enacted in
india on 16th sep, 1985.
It states that “ to consolidate and amend the law realting to narcotic
drugs, to make stringent provisions for the control and regulation of
operation relating to narcotic drugs and psychotropic substances and for
the matters connected therewith, “
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Prevention of illicit traffic in NDPS Act was passed in 1988.
Ultimate objective of all these is to prevent people becoming addict to
drugs and have healthy social life .
WHO recommendation cigarettes and other tobacco products Act, 2003
was framed
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Definitions
Narcotic drugs largely originate from cannabis, cocoa, and opium plants
are defined as below :
(1)Cannabis: (hemp) it includes
A) Charas: The resin in crude (or) purified state obtained from
cannabis plant .
B) Ganja: The flowering & fruiting type of cannabis plant .
2) Cocoa leaf : Mean leaves of any plant genus Erthroxylem from which
cocoaine ,ecgonine, &other ecgonine alkaloids have not been
removed.
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3) Opium : it includes
a) Opium : Meaning coagulated juice of opium poppy (Papaver
somniferum).
b)Poppy straw : Meaning all parts of opium poppy
after harvesting whether in original form or cut ,
crushed or powered
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Manufactured drug :
Tincture or extract of cannabis .
Derivative of cocoa, or opium .
Psychotropic substances means any substances natural or synthetic or
any salt or preparation of substances included in the list of
Psychotropic substances specified in schedule of the act .
Eg: Amphetamine,
Dexamphetamine,
Barbital ,
diazepam,
Nitrazepam,
Phenobarbital ,
Methyl phenobarbital. www.remixeducation.in
Controlled Operation
By Central Govt:
➢ 1) Cultivation & gathering of any portion of cocoa plant.
➢ 2) Cultivation of opium poppy its behalf.
➢ 3) Production & manufacture of opium & poppy straw .
➢ 4) Sale of opium &opium derivatives to state Govt
/manufacture,chemist / as well as their export.
By State Govt
1) Cultivation of cannabis .
2) Transport,warehousing consumption of purchase,sale of
Opium,Poppy straw,Cannabis, Cocoa
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Authorities and officers:
Narcotic commissioner and other officers are appointed by the central
govt.
They exercise all the powers and perform all functions relating to the
cultivation and production of opium.
And will also exercise power and functions given by govt to them.
Under the act the state govt can appoint such officers.
Other provisions:
The NDPS consultative committee is constituted. (advisory committee ).
Formation of national fund for control of drug abuse.
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Narcotics Psychotropic Consultative
Committee :
➢The committee has been constituted by the central
government.
➢Comiiteee have a chairmain and not more than 20
members.
➢Committee may, for the efficient discharge of its
functions, constitute one or more sub-committees.
➢Committee gives advice about the administration of the
act.
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National Fund For Controlling The
Drug Abuse :
➢ NFCDA to carry out their activities in the field of controlling drug abuse,
➢ Objectives of NFCDA :
The funds can be utilized to meet the expenditure incurred in connection with the
measures taken for:
a) Combating illicit traffic in narcotic drugs, psychotropic substances or controlled
substances;
b) Controlling the abuse of narcotic drugs and psychotropic substances;
c) Identifying, treating, rehabilitating addicts;
d) Preventing drug abuse;
e) Educating public against drug abuse; and
f) Supplying drugs to addicts where such supply is a medical necessity.
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Scope
➢ To achieve the objectives of the funds the approach of the
grant to be made under this fund is to provide the whole
range of services including combating illicit traffic in
narcotic drugs & psychotropic substances, awareness
generation, identification, counseling, treatment and
rehabilitation of drug addicts through
Government/Voluntary/other organizations and
institutions. The thrust would be on preventive education
and awareness programmes on the drug-addiction
problem.
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Eligibility for receipt of assistance
under NFCDA :
Apart from Government organization / institutions, the following organizations /
institutions shall be eligible for receipt of assistance under the NFCDA:
a.A Society registered under the Societies' Registration Act, 1860 (XXI of 1860) or any
relevant Act of the State Governments / Union Territory Administrations or under any
State law relating to the registration of Literary, Scientific and Charitable societies, or
b. A Public Trust registered under any law for the time being in force, or
c.Panchayati Raj Institutions (PRIs), Urban Local Bodies (ULBs), organizations /
institutions fully funded or managed by State / Central Government or a local body; or
d. Universities, Schools of Social Work, other reputed educational institutions and such
other well established organizations / institutions.
6. Organization / institutions specified above should have the following characteristics
to become eligible for receipt of assistance under the NFCDA
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Prohibition control and
regulation:
Operations totally prohibited:
Cultivation of
Any coca plant.
opium poppy or cannabis plant.
Production, manufacture, possession, sale , purchase, transport, warehouse,
use, consume, import, export any NDPS except for medicinal and scientific
purpose.
Operations controlled and regulated by central govt:
Cultivation and collection of any portion of coca plant Production, possession,
sale , purchase, transport, warehouse, use, consume, import, export, use or
consumption of coca leaves.
Cultivation opium poppy and cannabis plant.
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Production and manufacture of opium and production of poppy straw.
Sale of opium and its derivatives to state govt or manufacturing chemist.
Manufacture of manufactured drugs.
Manufacture, possession, sale , purchase, transport, consumption of
psychotropic substances.
Import and export of NDPS.
Operations controlled by state govt:
Cultivation of cannabis.
Manufacture of medicinal opium.
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Production, transport, import, export, warehousing, sale, purchase,
consumption and use of poppy straw, opium cannabis, manufactured
drugs other than prepared from opium and coca leaf.
Manufacture and possesssion of opium from opium lawfully possessed
by an addict registered with the state govt on medicinal advice for his
personal consumption.
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Factories:
Two govt factories:
Neemuch in madhya pradesh, near udaipur
Ghazipur in UP , near varanasi.
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Production and supply of the
opium:
Only on behalf of central govt under license granted for purpose.
Cultivation can be done only in those areas, notified by the govt.
Licences are granted by district opium officers for cultivation. He
appoints one licenced cultivator who performs duties as specified by
narcotic commissioner with help of small cultivators under him.
Harvest of each day’s collection is weighed and entered in records
which is signed by cultivator. The records are checked by the dist.opium
officer.
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The whole opium collected by the dist. Officer is then delivered to opium
factory.
The cultivators are paid and they should not dispose off any part of the
procedure and adulteration is liable for confiscation.
Cultivator should cultivate full area of land for which he may have
received advance amount from the govt.
Opium shall not be cultivated in any part of the India except UP and MP.
( as per central opium rules, 1934 ).
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Cultivation of poppy for poppy
heads :
The licence holder should pay duty on the area which he cultivates
poppy, at rates fixed by the state govt.
Licecsee
Should neither consume any part of the crop himself or to others.
If doent sow before 1st dec in any year, he should surrender licence to officer
in charge of tehsil before 15th dec.
Shouldn’t extract any opium from heads.
Can sell to any person holding licence for retail or whole sale of opium or to
person authorised by state govt.
Licensee should comply with all provisions of the opium act 1878,
dangerous drugs act 1930, and NDPS act 1985 and rules
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Sale and Export of opium:
Sale to state govt on order of central govt.
Sale to manufacturing chemists or other can be effected only under the
permit of state govt.
The permit application include:
Purpose
Stock in hand on date
Quantity required
Requirements for 6 months.
3 copies of the application is sent to the factory.
Price fixed by central govt and it shall be per Kg.
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Amount sanctioned to purchase opium shall be sent to the factory by
bank draft along with purchase order.
Sale of opium mixtures is prohibited except in acc with rules prescribed
by state govt.
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Manufacture of manufactured
drugs:
Morphine, thebaine, dihydro-morphine, codeine, dihydro codeine and
salts are manufactured at govt factory, Ghazipur.
Manufacture of crude cocaine, cocaine salts, ecgonine, diacetylmorphine
and its salt is prohibited.
Manufacturing of cocaine and its salt is prohibited, except cocaine
hydrochloride which can be prepared from confiscated cocaine only .
Medicinal hemp manufacture shall be under licence issued by chief
excise authority of the state govt.
Manufacture of synthetic drugs is prohibited, except it is under the
authorized license granted by narcotic commissioner on govt behalf.
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Conditions for license for the
manufacture of synthetic
manufactured drugs:
Licensee
Should have drug manufacturing license granted to him under drugs and
cosmetics act 1940.
Should deposit 5000 as security.
Shouldn’t manufacture excess than requirements of the country for a year
acc to international narcotics board.
Notice of commencement of drug manufacture must be given 15 days
prior to licensing authority and also one month’s notice before he ceases
to manufacture.
Security arrangements are made around manufacturing premises.
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Licensee should maintain accounts with details regarding:
Materials used
Quantity manufactured
Quantity sold or disposed off and also furnish returns in manner prescribed
by narcotic commissioner.
Licensee should permit inspector/officer to inspect with or without prior
notice.
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Schedules:
Gives list of psychotropic drugs ( 76 subs along with salts and
preparations)
Rule has got 4 schedules and 7 forms. Rule was amended in 1992.
Schedule I:
List of NDs and PSs whose manufacture possession, transport, export, import,
sale, purchase, consumption or use is prohibited.
Total 41 are listed:
ND – coca, cannabis, heroin,etrophine.
PS – lysergide, methaqualone, bromazepam, camazepam, haloxazolam, tetrazepam.
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Schedule II:
Subs under this can be imported or exported under authorized license in form
4 or form 5 respectively.
45 drugs are listed like lysergide, amphetamine, dextramphetamine,
phencyclidine, amobarbital, cyclobarbital, pentobarbital, pentazocine,
tenocyclidine, eticyclidine.
Schedule III:
List of drugs which require special complaince for export. After obtaining
permission in form 5.
4 copies of declaration are made, the original and duplicate copies are
submitted to the narcotics commissioner of india at Gwalior.
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Third copy along with consignment and one for himself.
The narcotics commissioner will send duplicate to importing country to
confirm the actual quantity required and return the said copy.
This is done to safeguard pilferage or misuse during transshipment.
Drugs listed are buprenorphine, butalbital, cathine, salts and preparations of
these.
Schedule IV:
22 NDs and PSs, which export is prohibited to certain countries specified in
the schedule.
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Precursor chemicals:
Under NDPS order 1994 the manufacturers and distributors of the
precursor chemicals should maintain records for at least 2 yrs regarding
manufacture, distribution, sale, import and export.
Chemicals include acetic anhydride, anthranilic acid , n-actylanthranilic
acid, ephidrine and pseudo-ephedrine.
Narcotic control bureau should be intimated loss or disappearance,
ensure consignment, buyers idendtity, purpose of purchase etcd.
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Procedure for search, arrest,
seizer etc. with warrants:
The illicit regarding these are exercised by officers of excise, police,
customs, narcotics, drugs control, border security force and revenue
department.
A metropolitan magistrate or a first class magistrate of any magistrate of
second class empowered by the state govt may issue a warrant.
The officers empowered under state or central govt can authorize
subordinates to search a building, conveyance or to arrest a person.
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Search, arrest, seizer etc.
without warrant:
At certain circumstances are allowed to search, arrest, seizer by the
officers without warrant.
Can seize any document related to NDs PSs, materials which are
evidence of the offence.
The provisions of criminal procedure shall be followed. Females should be
searched by females only. Reports of all arrests and seizers etc. have to
be made the superiors within 48 hrs.
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Offences and Penalties:
For contravening any provisions of the act or rules imprisonment for 10
to 20 yrs and fine from one lakh to two lakh rupees can be imposed.
In ceratin cases rigorous imprisionment will be 15 to 30 yrs and fine from 1.5
lakh to 3 lakh.
Illegal possession of cocaine, morphine punishable with imprisonment
upto one yr or fine or both.
Failure to keep accounts or submit returns as required by law,
punishable law imprisonment for 6 months and fine.
Failure to produce records, license, permit , authorization etc., on
demand by the authorized persons, punishable with imprisionment upto
5 yrs or fine or both.
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Persons who are convicted outside India for a offence will be liable to
enhanced punishment for subsequent offence of such kind.
Substances with which offence can be committed will be seized.
The offence under this act can be tried only by presidency magistrate or
first class magistrate. Sec class magistrate if he is empowered in this
behalf.
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Thank you
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