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Section 2 – THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

 

2. Definitions.

 

In this Act, unless the context otherwise requires, –

 

1[(i) “Addict” means a person who has dependence on any narcotic drug or psychotropic substance]

 

(ii) “Board” means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963;

 

(iii) “Cannabis (hemp)” means-

 

(a) Charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish,

 

(b) Ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and

 

(c) Any mixture, with or without any neutral material of any of the above forms of cannabis or any drink prepared therefrom;

 

(iv) “Cannabis plant” means any plant of the genus cannabis;

 

(v) “Coca derivative” means-

 

(a) Crude cocaine, that is, any extract of coca leaf, which can be used, directly or indirectly, for the manufacture of cocaine;

 

(b) Ecgonine and all the derivatives of ecgonine from which it can be recovered;

 

(c) Cocaine, that is, methyl ester or benzoyl-ecgonine and its salts; and

 

(d) All preparations containing more that 0.1 percent of cocaine;

 

(iv) “Coca leaf ” means-

 

(a) The leaf of coca plant except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed;

 

(b) Any mixture thereof with or without any neutral material, but does not include any reparation containing not more than 0.1 percent of cocaine;

 

But does not include any preparation containinh not more than 0.1 per cent of cocaine;

 

(vii) “Coca plant” means the plant of any species of the genus Erythroxylon;

 

2[(viia) “Commercial quantity”, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette;

 

(viib) “Controlled delivery” means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted for them to pass out of, or through or into the territory of India with the knowledge and under the supervision of an officer empowered in this behalf or duly authorised under section 50A with a view to identifying the persons involved in the commission of an offence under this Act;

 

(viic) “corresponding law” means any law corresponding to the provisions of this Act;]

 

3[(viid) “Controlled substance” means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International Convention, by notification in the Official Gazette, declare to be a controlled substance];

 

(viii) “Conveyance” means a conveyance of any description whatsoever and includes any aircraft, vessel;

 

4(viiia) “Illicit traffic”, in relation to narcotic drugs and psychotropic substances, means, –

 

(i) Cultivating any coca plant or gathering any portion of coca plant;

 

(ii) Cultivating the opium poppy or any cannabis plant;

 

(iii) Engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India export from India or transhipment, of narcotic drugs or psychotropic substances;

 

(iv) Dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in sub-clauses (i) to (iii); or

 

(v) Handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv),

 

Other than those permitted under this Act, or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder, and includes, –

 

(1) Financing, directly or indirectly, any of the aforementioned activities;

 

(2) Abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and

 

(3) Harbouring persons engaged in any of the aforementioned activities];

 

(ix) “International Convention” means-

 

(a) The Single Convention on Narcotic Drugs, 1961 adopted by the United Nations Conference at New York in March, 1961;

 

(b) The Protocol, amending the Convention mentioned in sub-clause (a), adopted by the United Nations Conference at Geneva in March 1972;

 

(c) The Convention on Psychotropic Substances, 1971 adopted by the United nations Conference at Vienna in February, 1971; and

 

(d) Any other international convention, or protocol, or other instrument amending an international convention, relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by India after the commencement of this Act;

 

(x) “Manufacture”, in relation to narcotic drugs or psychotropic substances, includes-

 

(1) All processes other than production by which such drugs or substances may be- obtained,

 

(2) Refining of such drugs or substances,

 

(3) Making of preparation (otherwise than in a pharmacy on prescription) with or containing such drugs or substances;

 

(xi) “Manufactured drugs” mean-

 

(a) All coca derivatives, medicinal connabis, opium derivatives and poppy

straw concentrate;

 

(b) Any other substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare to be a manufactured drug.

 

But does not include any narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under and International Convention, by notification in the Official Gazette, declare to be a manufactured drug.

 

(xii) “Medical cannabis” that is, medicinal hemp, means any extract or tincture of cannabis (hemp);

 

(xiii) “Narcotics Commissioner” means the Narcotics Commissioner appointed under Section 5;

 

(xiv) “Narcotic drug” means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs;

 

(xv) “Opium” means-

 

(a) The coagulated juice of the opium poppy; and

 

(b) Any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, but does not include any preparation containing not more than 0.2 per cent, of morphine;

 

(xvi) “Opium derivative” means-

 

(a) Medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other Pharmacopoeia notified in this behalf by the Central Government whether in powder form or granulated or otherwise or mixed with neutral materials;

 

(b) Prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after opium is smoked;

 

(c) Phenanthrene alkaloids, namely, morphine, codeine, thebaine and theirs salts;

 

(d) Diacetylmorphine that is, the alkaloid also known as diamorphine or heroin and its slats; and

 

(e) All preparations containing more than 0.2 percent of morphine or containing any diacetylmorphine;

 

(xvii) “Opium poppy” means-

 

(a) The plant of the species papaver somniferum L; and

 

(b) The plant of any other species of papaver from which opium or any phenanthrene alkaloid call be extracted and which the Central Government may, be notification in the Official Gazette, declare to be opium poppy for the purposes of this Act;

 

(xviii) “Poppy straw” means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom;

 

(xix) “Poppy straw concentrate” means the material arising when poppy straw has entered into a process for the concentration of its alkaloids;

 

(xx) “Preparation” in relation to a narcotic drugs or psychotropic substance means any one or more such drugs or substances in dosage form or any solution or mixture, in whatever physical state, containing one or more such drugs or substances,

 

(xxi) “Prescribed means prescribed by rules made under this Act;

 

(xxii) “Production” means the separation of opium, poppy straw, coca leaves or cannabis from the plants from which they are obtained;

 

(xxiii) “Psychotropic substance” means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule;

 

2[(xxiiia) “Small quantity”, in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette.]

 

(xxiv) “To import inter-State” means to being into a State or Union territory in India from another State or Union territory in India;

 

(xxv) “To import into India”, with its grammatical variations and cognate expressions, means to being into India from a place outside India and includes the bringing into any port or airport or place in India of a narcotic drug or a psychotropic substances intended to be taken out of India without being removed from the vessel, aircraft, vehicle or any other conveyance in which it is being carried.

 

Explanation. -For the purposes of this clause and clause (xxvi), “India” includes the territorial waters of India;

 

(xxvi) “To export from India”, with its grammatical variations and cognate expressions, means to take out of India to a place outside India;

 

(xxvii) “To export inter-State,” means to take out of a State or Union territory in India to another State or Union territory in India;

 

(xxviii) “To transport” means to take from one place to another within the same State or Union territory;

 

4[(xxviiia) “use” in relation to narcotic drugs and psychotropic substances, means any kind of use except personal consumption;]

 

(xxix) Words and repressions used herein and not defined but defined in the Code of Criminal Procedure, 1973 have the meanings respectively assigned to them in that Code.

 

Explanation: For the purpose of clauses (v), (iv), (xv),and (xvi) the percentages in the case of liquid preparations shall be calculated on the basis that a preparation containing one per cent of a substance means a preparation in which one gram of substance, if solid, or one mililitre of substance, if liquid, is contained in every one hundred mililitre of the preparation and so on in proportion for any greater or less percentage:

 

PROVIDED that the Central Government may, having regard to the developments in the field of methods of calculating percentages in liquid preparations prescribed, by rules, any other basis which it may deem appropriate for such calculation.

 

1. Substituted by NDPS (Amendment) Act, 2001, ww.e.f. 2-10-2001 vide SO 957 (E), dt. 27-9-2001.

2. Inserted by NDPS (Amendment) Act, 2001, ww.e.f. 2-10-2001 vide SO 957 (E), dt. 27-9-2001.

3. Existing clause (viia) renumbered as clause (viid) by Amendment Act, 2001, w.e.f. 2-10-2001 vide SO 957 (E),dt. 27-9-2001.

4. Ins. by Act 2 of 1989 (w.e.f. 29-5-1989).

 

 

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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

 

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