LexThe narcotic drugs and psychotropic substances act, 1985
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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985
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ARRANGEMENT OF SECTIONS
Last Update 3-1-2022
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Power to add to or omit from the list of psychotropic substances.
CHAPTER II
AUTHORITIES AND OFFICERS
4. Central Government to take measures for preventing and combating abuse of and illicit traffic in
narcotic drugs, etc.
5. Officers of Central Government.
6. The Narcotic Drugs and Psychotropie Substances Consultative Committee.
7. Officers of State Government.
CHAPTER IIA
NATIONAL FUND FOR CONTROL OF DRUG ABUSE
7A. National Fund for Control of Drug Abuse.
7B. Annual report of activities financed under the Fund.
CHAPTER III
PROHIBITION, CONTROL AND REGULATION
8. Prohibition of certain operations.
8A. Prohibition of certain activities relating to property derived from offence.
9. Power of Central Government to permit, control and regulate.
9A. Power to control and regulate controlled substances.
10. Power of State Government to permit, control and regulate.
11. Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment.
12. Restrictions over external dealings in narcotic drugs and psychotropic substances.
13. Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring
agent.
14. Special provision relating to cannabis.
CHAPTER IV
OFFENCES AND PENALTIES
15. Punishment for contravention in relation to poppy straw.
16. Punishment for contravention in relation to coca plant and coca leaves.
17. Punishment for contravention in relation to prepared opium.
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SECTIONS
18. Punishment for contravention in relation to opium poppy and opium.
19. Punishment for embezzlement of opium by cultivator.
20. Punishment for contravention in relation to cannabis plant and cannabis.
21. Punishment for contravention in relation to manufactured drugs and preparations.
22. Punishment for contravention in relation to psychotropic substances.
23. Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and
psychotropic substances.
24. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention
of section 12.
25. Punishment for allowing premises, etc., to be used for commission of an offence.
25A. Punishment for contravention of orders made under section 9A.
26. Punishment for certain acts by licensee or his servants.
27. Punishment for consumption of any narcotic drug or psychotropic substance.
27A. Punishment for financing illicit traffic and harbouring offenders.
27B. Punishment for contravention of section 8A.
28. Punishment for attempts to commit offences.
29. Punishment for abetment and criminal conspiracy.
30. Preparation.
31. Enhanced punishment for offences after previous conviction.
31A. Death penalty for certain offences after previous conviction.
32. Punishment for offence for which no punishment is provided.
32A. No suspension, remission or commutation in any sentence awarded under this Act.
32B. Factors to be taken into account for imposing higher than the minimum punishment.
33. Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of
Offenders Act, 1958.
34. Security for abstaining from commission of offence.
35. Presumption of culpable mental state.
36. Constitution of Special Court.
36A. Offences triable by Special Courts.
36B. Appeal and revision.
36C. Application of Code to proceedings before a Special Court.
36D. Transitional provisions.
37. Offences to be cognizable and non-bailable.
38. Offences by companies.
39. Power of court to release certain offenders on probation.
40. Power of court to publish names, place of business, etc., of certain offenders.
CHAPTER V
PROCEDURE
41. Power to issue warrant and authorisation.
42. Power of entry, search, seizure and arrest without warrant or authorisation.
43. Power of seizure and arrest in public place.
44. Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and
cannabis plant.
45. Procedure where seizure of goods liable to confiscation not practicable.
46. Duty of land holder to give information of illegal cultivation.
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SECTIONS
47. Duty of certain officers to give information of illegal cultivation.
48. Power of attachment of crop illegally cultivated.
49. Power to stop and search conveyance.
50. Conditions under which search of persons shall be conducted.
50A. Power to undertake controlled delivery.
51. Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and
seizures.
52. Disposal of persons arrested and articles seized.
52A. Disposal of seized narcotic drugs and psychotropic substances.
53. Power to invest officers of certain departments with powers of an officer-in-charge of a police
station.
53A. Relevancy of statements under certain circumstances.
54. Presumption from possession of illicit articles.
55. Police to take charge of articles seized and delivered.
56. Obligation of officers to assist each other.
57. Report of arrest and seizure.
57A. Report of seizure of property of the person arrested by the notified officer.
58. Punishment for vexatious entry, search, seizure or arrest.
59. Failure of officer in duty or his connivance at the contravention of the provisions of this Act.
60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.
61. Confiscation of goods used for concealing illicit drugs or substances.
62. Confiscation of sale proceeds of illicit drugs or substances.
63. Procedure in making confiscations.
64. Power to tender immunity from prosecution.
64A. Immunity from prosecution to addicts volunteering for treatment.
65. [Omitted].
66. Presumption as to documents in certain cases.
67. Power to call for information, etc.
68. Information as to commission of offences.
CHAPTER VA
FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY
68A. Application.
68B. Definitions.
68C. Prohibition of holding illegally acquired property.
68D. Competent authority.
68E. Identifying illegally acquired property.
68F. Seizure or freezing of illegally acquired property.
68G. Management of properties seized or forfeited under this Chapter.
68H. Notice of forfeiture of property.
68-I. Forfeiture of property in certain cases.
68J. Burden of proof.
68K. Fine in lieu of forfeiture.
68L. Procedure in relation to certain trust properties.
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SECTIONS
68M. Certain transfers to be null and void.
68N. Constitution of Appellate Tribunal.
68-O. Appeals.
68P. Notice or order not to be invalid for error in description.
68Q. Bar of jurisdiction.
68R. Competent authority and Appellate Tribunal to have powers of civil court.
68S. Information to competent authority.
68T. Certain officers to assist Administrator, competent authority and Appellate Tribunal.
68U. Power to take possession.
68V. Rectification of mistakes.
68W. Findings under other laws not conclusive for proceedings under this Chapter.
68X. Service of notices and orders.
68Y. Punishment for acquiring property in relation to which proceedings have been taken, under this
Chapter.
68Z. Release of property in certain cases.
CHAPTER VI
MISCELLANEOUS
69. Protection of action taken in good faith.
70. Central Government and State Government to have regard to international conventions while
making rules.
71. Power of Government to establish centres for identification, treatment, etc., of addicts and for
supply of narcotic drug and psychotropic substances.
72. Recovery of sums due to Government.
73. Bar of jurisdiction.
74. Transitional provisions.
74A. Power of Central Government to give directions.
75. Power to delegate.
76. Power of Central Government to make rules.
77. Rules and notifications to be laid before Parliament.
78. Power of State Government to make rules.
79. Application of the Customs Act, 1962.
80. Application of the Drugs and Cosmetics Act, 1940 not barred.
81. Saving of State and special laws.
82. Repeal and savings.
83. Power to remove difficulties.
THE SCHEDULE.
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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
ACT NO. 61 OF 1985
[16th September, 1985.]
An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions
for the control and regulation of operations relating to narcotic drug s and psychotropic
substances 1[, to provide for the forfeiture of property derived from, or used in, illicit traffic
in narcotic drugs and psychotropic substances, to implement the provisions of the
International Conventions on Narcotic Drugs and Psychotropic Substances] and for matters
connected therewith.
BE it enacted by Parliament in the Thirty-sixty Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, ext ent and commencement .—(1) This Act may be called the Narcotic Drugs and
Psychotropic Substances Act, 1985.
(2) It extends to the whole of India 2[and it applies also—
(a) to all citizens of India outside India;
(b) to all persons on ships and aircrafts registered in India,
wherever they may be].
(3) It shall come into force on such date 3 as the Central Government may, by notification in the
Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for
different States and any reference in any such provision to the commencement of this Act shall be
construed in relation to any State as a reference to the coming into force of that provision in that State.
2. Definitions.—In this Act, unless the context otherwise requires,—
4[(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 (54 of 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 whatev er 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;
1. Ins. by Act 2 of 1989, s. 2 (w.e.f. 29-5-1989).
2. Ins. by Act 9 of 2001, s. 2 (w.e.f. 2-10-2001).
3. 14th November, 1985, vide notification No. S.O. 821(E), dated 14th November, 1985, see Gazette of India, Extraordinary,
Part II, sec. 3(ii).
4. Subs. by Act 9 of 2001, s. 3, for clause (i) (w.e.f. 2-10-2001).
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1[(iva) “Central Government factories” means factories owned by the Central Government or
factories owned by any company in which the Central Government holds at least fifty-one per cent. of
the paid-up share capital;]
(v) “coca derivative” means—
(a) crude cocaine, that i s, 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 of benzoyl-ecgonine and its salts; and
(d) all preparations containing more than 0.1 per cent. of cocaine;
(vi) “coca leaf” means—
(a) the leaf of the 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 preparation containing not more than 0.1 per cent. of cocaine;
(vii) “coca plant” means the plant of any species of the genus Frythroxylon;
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[4[(viid)] “controlled substance ” means any substance which the Central Government may,
having regard to the available information as to its possible us e in the production or manufac ture of
narcotic drugs or psychot ropic substances or to the pro visions 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,
vehicle or vessel;
1[(viiia) “essential narcotic drug” means a narcotic drug notified by the Central Government f or
medical and scientific use;]
3[5[(viiib)] “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, posse ssion, 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;
1. Ins. by Act 16 of 2014, s. 2 (w.e.f. 1-5-2014).
2. Ins. by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001).
3. Ins. by Act 2 of 1989, s. 3 (w.e.f. 29-5-1989).
4. Clause (viia) relettered as clause (viid) thereof by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001).
5. Clause (viiia) relettered as clause (viiib) thereof by Act 16 of 2014, s. 2 (w.e.f. 1-5-2014).
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(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 afore-mentioned 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) transformation of such drugs or substances; and
(4) making of preparation (otherwise than in a pharmacy on prescription) with or conta ining
such drugs or substances;
(xi) “manufactured drug” means—
(a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate;
(b) any other 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 any International
Convention, by notification in the Official Gazette, declare not to be a manufactured drug,
but does not include any narcotic substance or preparation which the Central Governm ent 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 not to be a manufactured drug;
(xii) “medicinal cannabis”, that is, medicina l 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, popy straw and i ncludes 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;
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(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 t his 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 suit able for smoking and the dross or other residue
remaining after opium is smoked;
(c) phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts;
(d) diacetylmorphine, that is, the alkaloid also known as dia -morphine or heroin and its salts ;
and
(e) all preparations containing more than 0.2 per cent. of morphine or contai ning 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
can be extracted and which the Central Government may, by 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 juic e 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 drug 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 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;
1[(xxiiia) “small quantity”, in relation to narcotic dru gs 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 bring 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
bring 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 substance 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;
1. Ins. by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001).
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(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 te rritory 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;
1[(xxviiia) “use”, in relation to narcotic drugs and psychotropic substances, means any kind of use
except personal consumption;]
(xxix) words and expressions used herein and not defined but defined in the Code of Criminal
Procedure, 1973 (2 of 1974) have the meanings respectively assigned to them in that Code.
Explanation.—For the purposes of clauses (v), (vi), (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 pre parations prescribe, by rules, any other basis which it may deem
appropriate for such calculation.
3. Power to add to or omit from the list of psychotr opic substances.—The Central Government
may, if satisfied that it is necessary or expedient so to do on the basis of—
(a) the information and evidence which has become available to it with respect to the nature and
effects of, and the abuse or the scope for abuse of, any substance (natural or synthetic) or natural
material or any salt or preparation of such substance or material; and
(b) the modifications or provisions (if any) which have been made to, or in, any International
Convention with respect to such substance, natural material or salt or preparation of such substance or
material,
by notification in th e Official Gazette, add to, or, as the case may be, omit from, the list of psychotropic
substances specified in the Schedule such substance or natural material or salt or preparation of such
substance or material.
CHAPTER II
AUTHORITIES AND OFFICERS
4. Central Government to take measures for preventing and combating abuse of and illicit
traffic in narcotic drugs, etc .—(1) Subject to the provisions of this Act, the Central Government shall
take all such measures as it deems necessary or expedient for the purpose of preventing and combating
abuse of narcotic drugs and psychotropic substances a nd the illicit traffic therein 2[and for ensuring their
medical and scientific use].
(2) In particular and without prejudice to the generality of the provisions of sub -section ( 1), the
measures which the Central Government may take under that sub -section include measures with respect
to all or any of the following matters, namely:—
(a) coordination of actions by various officers, State Governments and other authorities—
(i) under this Act, or
(ii) under any other law for the time being in force in connection with the enforcement of the
provisions of this Act;
(b) obligations under the International Conventions;
1. Ins. by Act 2 of 1989, s. 3 (w.e.f. 29-5-1989).
2. Ins. by Act 16 of 2014, s. 3 (w.e.f. 1-5-2014).
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(c) assistance to the concerned authorities in foreign countries and concerned international
organisations with a view to facilitating coordination and universal action for prevention and
suppression of illicit traffic in narcotic drugs and psychotropic substances;
(d) identification, treatment, education, after care, rehabilitation and social re -integration of
addicts;
1[(da) availability of narcotic drugs and psychotropic substances for medical and scientific use;]
(e) such other matters as the Central Government deems necessary or expedient for the purpose of
securing the effective implementation of the provisions of this Act and preventing and combating the
abuse of narcotic drugs and psychotropic substances and illicit traffic therein.
(3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of
this Act, by order, published in the Official Gazette, constitute an authority or a hierarchy of authorities
by such name or names as may be specified in the order for the purpose of exercising such of the powers
and functions of the Central Government under this Act and for taking measures with respect to such of
the matters referred to in sub-section (2) as may be mentioned in the order, and subject to the supervision
and control of the Central Government and the provisions of such order, such authority or authorities may
exercise the powers and take the measures so mentioned in the order as if such authority or authorities had
been empowered by this Act to exercise those powers and take such measures.
5. Officers of Central Government.—(1) Without prejudice to the provisions of sub -section (3) of
section 4, the Central Government shall appoint a Narcotics Commissioner and may also appoint such
other officers with such designations as it thinks fit for the purposes of this Act.
(2) The Narcotics Commissioner shall, either by himself or through officers subordinate to him,
exercise all powers and perform all functions relating to the superintendence of the cultivation of the
opium poppy and production of opium and shall also exercise and perform such other powers and
functions as may be entrusted to him by the Central Government.
(3) The officers appointed under sub -section (1) shall be subject to the general control and d irection
of the Central Government, or, if so directed by that Government, also of the Board or any other authority
or officer.
6. The Narcotic Drugs and Psychotropie Sub stances Consultative Committee.—(1) The Central
Government may constitute, by notifica tion in the Official Gazette, an advisory committee to be called
“The Narcotic Drugs and Psychotropic Substances Consultative Committee ” (hereafter in this section
referred to as the Committee) to advise the Central Government on such matters relating to t he
administration of this Act as are referred to it by that Government from time to time.
(2) The Committee shall consist of a Chairman and such other members, not exceeding twenty, as
may be appointed by the Central Government.
(3) The Committee shall meet when required to do so by the Central Government and shall have
power to regulate its own procedure.
(4) The Committee may, if it deems it necessary so to do for the efficient discharge of any of its
functions, constitute one or more sub -committees and may appoint to any such sub -committee, whether
generally or for the consideration of any particular matter, any person (including a non -official) who is
not a member of the Committee.
(5) The term of office of, the manner of filling casual vacancies in t he offices of and the allowances,
if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions
subject to which the Committee may appoint a person who is not a member of the Committee as a
member of any of its su b-committees, shall be such as may be prescribed by rules made by the Central
Government.
7. Officers of State Government .—(1) The State Government may appoint such officers with such
designations as it thinks fit for the purposes of this Act.
1. Ins. by Act 16 of 2014, s. 3 (w.e.f. 1-5-2014).
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(2) The officers appointed under sub -section (1) shall be subject to the general control and direction
of the State Government, or, if so directed by that Government, also of any other authority or officer.
1[CHAPTER IIA
NATIONAL FUND FOR CONTROL OF DRUG ABUSE
7A. National Fund for Control of Drug Abuse .—(1) The Central Government may, by notification
in the Official Gazette, constitute a Fund to be called the National Fund for Control of Drug Abuse
(hereafter in this Chapter referred to as the Fund) and there shall be credited thereto—
(a) an amount which the Ce ntral Government may, after due appropriation made by Parliament
by law in this behalf, provide;
(b) the sale proceeds of any property forfeited under Chapter VA;
(c) any grants that may be made by any person or institution;
(d) any income from investment of the amounts credited to the Fund under the aforesaid
provisions.
2[(2) The Fund shall be applied by the Central Government 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;
(f) supplying drugs to addicts where such supply is a medical necessity.
(3) The Central Government may constitute a Governing Body as it thinks fit to advise that
Government and to sanction money out of the said Fund subject to the limit notified by the Central
Government in the Official Gazette.]
(4) The Governing Body shall consist of a Chairman (not below the rank of an Additional Secretary
to the Central Government) and such other members not exceeding six as the C entral Government may
appoint.
(5) The Governing Body shall have the power to regulate its own procedure.
7B. Annual report of activities financed under the Fund.—The Central Government shall, as soon
as may be, after the end of each financial year, cause to be published in the Official Gazette, a report
giving an account of the activities financed under section 7A during the financial year, togethe r with a
statement of accounts.]
CHAPTER III
PROHIBITION, CONTROL AND REGULATION
8. Prohibition of certain operations.—No person shall—
(a) cultivate any coca plant or gather any portion of coca plant; or
(b) cultivate the opium poppy or any cannabis plant; or
(c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import
inter-State, export inter -State, import into India, export from India or tranship any narcotic drug or
psychotropic substance,
1. Ins. by Act 2 of 1989, s. 4 (w.e.f. 29-5-1989).
2. Subs. by Act 9 of 2001, s. 4, for sub-sections (2) and (3) (w.e.f. 2-10-2001).
12
except for medical or scientific purposes and in the manner and to the extent provided by the provisions
of this Act or the rules or ord ers made thereunder and in a case where any such provision, imposes any
requirement by way of licence, permit or authorisation also in accordance with the terms and conditions
of such licence, permit or authorisation:
Provided that, and subject to the othe r provisions of this Act and the rules made thereunder, the
prohibition against the cultivation of the cannabis plant for the production of ganja or the production,
possession, use, consumption, purchase, sale, transport, warehousing, import inter -State an d export
inter-State of ganja for any purpose other than medical and scientific purpose shall take effect only from
the date which the Central Government may, by notification in the Official Gazette, specify in this behalf:
1[Provided further that nothing in this section shall apply to the export of poppy straw for decorative
purposes.]
2[8A. Prohibition of certain activities relating to property derived from offence .—No person
shall—
(a) convert or transfer any property knowi ng that such property is derived from an offence
committed under this Act or under any other corresponding law of any other country or from an act of
participation in such offence, for the purpose of concealing or disguising the illicit origin of the
property or to assist any person in the commission of an offence or to e vade the legal consequences;
or
(b) conceal or disguise the true nature, source, location, disposition of any property knowing that
such property is derived from an offence committed under this Act or under any other correspondi ng
law of any other country; or
(c) knowingly acquire, possess or use any property which was derived from an offence committed
under this Act or under any other corresponding law of any other country.]
9. Power of Central Government to permit, control and regulate .—(1) Subject to the provisions
of section 8, the Central Government may, by rules—
(a) permit and regulate—
(i) the cultivation, or gathering of any portion (such cultivation or gathering being only on
account of the Central Government) of coca plant, or the production, possession, sale, purchase,
transport, import inter-State, export inter-State, use or consumption of coca leaves;
(ii) the cultivation (such cultivation being only on account of Central Government) of the
opium poppy;
(iii) the production and manufacture of opium and production of poppy straw;
3[(iiia) the possession, transport, import inter -State, export inter -State, warehousing, sale,
purchase, consumption and use of poppy straw produced from plants from which no juice has
been extracted through lancing;]
(iv) the sale of opium and opium derivatives from the Central Government factories for
export from India or sale to State Government or to manufacturing chemists;
(v) the manufa cture of manufactured drugs (other than prepared opium) but not including
manufacture of medicinal opium or any preparation containing any manufactured drug from
materials which the maker is lawfully entitled to possess;
3[(va) the manufacture, possession, transport, import inter -State, export inter -State, sale,
purchase, consumption and use of essential narcotic drugs:
Provided that where, in respect of an essential narcotic drug, the State Government has
granted licence or permit under the provisions of s ection 10 prior to the commencement of
1. Ins. by Act 2 of 1989, s. 5 (w.e.f. 29-5-1989).
2. Ins. by Act 9 of 2001, s. 5 (w.e.f. 2-10-2001).
3. Ins. by Act 16 of 2014, s. 4 (w.e.f. 1-5-2014).
13
the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 (16 of 2014) , such
licence or permit shall continue to be valid till the date of its expiry or for a period of twelve
months from such commencement, whichever is earlier.]
(vi) the manufacture, possession, transport, import inter -State, export inter -State, sale,
purchase, consumption or use of psychotropic substances;
(vii) the import into India and export from India and transhipment of narcotic drug s and
psychotropic substances;
(b) prescribe any other matter requisite to render effective the control of the Central Government
over any of the matters specified in clause (a).
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(a) empower the Central Government to fix from time to time the limits within which licences
may be given for the cultivation of the opium poppy;
(b) require that all opium, the produce of land cultivated with the opium poppy, shall be delivered
by the cultivators to the officers authorised in this behalf by the Central Government;
(c) prescribe the forms and conditions of licences for cultivation of the opium poppy and for
production and manufacture of opium; the fees that may be charged therefor; the authorities by which
such licences may be granted, withheld, refused or cancelled and the authorities before which appeals
against the orders of withholding, refusal or cancellation of licences shall lie;
(d) prescribe that opium shall be weighed, examined and classified according to its quality and
consistence by the officers authorised in this behalf by the Central Government in the presence of the
cultivator at the time of delivery by the cultivator;
(e) empower the Central Government to fix from time to time the price to be paid to the
cultivators for the opium delivered;
(f) provide for the weighment, examination and classification, according to the quality and
consistence, of the opium received at the factory and the deductions from or additions (if any) to the
standard price to be made in accordance with the result of such examination; and the authorities by
which the decisions with regard to the we ighment, examination, classification, deductions or
additions shall be made and the authorities before which appeals against such decisions shall lie;
(g) require that opium delivered by a cultivator, if found as a result of examination in the Central
Government factory to be adulterated, may be confiscated by the officers authorised in this behalf;
(h) prescribe the forms and conditions of licences for the manufacture of manufactured drugs, the
authorities by which such licences may be granted and the fees that may be charged therefor;
1[(ha) prescribe the forms and conditions of licences or permits for the manufacture, possession,
transport, import inter -State, export inter -State, sale, purchase, consumption or use of essential
narcotic drugs, the authorities by which such licence or permit may be granted and the fees that may
be charged therefor;]
(i) prescribe the forms and conditions of licences or permits for the manufacture, posse ssion,
transport, import inter -State, export inter -State, sale, purchase, consumption or use of psychotropic
substances, the authorities by which such licences or permits may be granted and the fees that may be
charged therefor;
(j) prescribe the ports and other places at which any kind of narcotic drugs or psychotropic
substances may be imported into India or exported from India or transhipped; the forms and
conditions of certificates, authorisations or permits, as the case may be, for such import, export or
transhipment; the authorities by which such certificates, authorisations or permits may be granted and
the fees that may be charged therefor.
1. Ins. by Act 16 of 2014, s. 4 (w.e.f. 1-5-2014).
14
1[9A. Power to control and reg ulate controlled substances .—(1) If the Central Government is of
the opinion that, having regard to the use of a ny controlled substance in the production or manufacture of
any narcotic drug or psychotropic subs tance, it is necessary or expe dient so to do in the public interest, it
may, by order, provide for regulating or prohibiting the production, manufacture, supp ly and distribution
thereof and trade and commerce therein.
(2) Without prejudice to the generality of the power conferred by sub -section ( 1), an order made
thereunder may provide for regulating by licences, permits or otherwise, the production, manufacture,
possession, transport, import inter -State, export inter -State, sale, purchase, consumption, use, storage,
distribution, disposal or acquisition of any controlled substance.]
10. Power of State Government to permit, control and regulate.—(1) Subject to the provisions of
section 8, the State Government may, by rules—
(a) permit and regulate—
(i) the possession, transport, import inter -State, export inter -State, warehousing, sale,
purchase, consumption and use of poppy straw 2[except poppy straw produced f rom plants from
which no juice has been extracted through lancing];
(ii) the possession, transport, import inter -State, export inter -State, sale, purchase,
consumption and use of opium;
(iii) the cultivation of any cannabis plant, production, manufacture, possession, transport,
import inter-State, export inter -State, sale, purchase, consumption or use of cannabis (excluding
charas);
(iv) the manufacture of medicinal opium or any preparation containing any manufactured
drug from materials which the maker is lawfully entitled to possess;
(v) the possession, transport, purchase, sale, import inter -State, export int er-State, use or
consumption of 3[manufactured drugs (other than prepared opium and essential narcotic drugs)]
and of coca leaf and any preparation containing any manufactured drug;
(vi) the manufacture and possession of prepared opium from opium lawfully possessed by an
addict registered with the State Government on medical advice for his personal consumption:
Provided that save in so far as may be expressly provided in the rules made under sub-clauses (iv)
and ( v), nothing in section 8 shall apply to the import inter -State, export inter -State, transport,
possession, purchase, sale, use or consumption of manufactured drugs which are the property and in
the possession of the Government:
Provided further that such d rugs as are referred to in the preceding proviso shall not be sold or
otherwise delivered to any person who, under the rules made by the State Government under the
aforesaid sub-clauses, is not entitled to their possession;
(b) prescribe any other matter r equisite to render effective the control of the State Government
over any of the matters specified in clause (a).
(2) In particular and without prejudice to the generality of the foregoing power, such rules may—
(a) empower the State Government to declare any place to be a warehouse wherein it shall be the
duty of the owners to deposit all such poppy straw as is legally imported inter -State and is intended
for export inter -State or export from India; to regulate the safe custody of such poppy straw
warehoused and the removal of such poppy straw for sale or export inter -State or export from India;
to levy fees for such warehousing and to prescribe the manner in which and the period after which the
poppy straw warehoused shall be disposed of in default of payment of fees;
1. Ins. by Act 2 of 1989, s. 6 (w.e.f. 29-5-1989).
2. Ins. by Act 16 of 2014, s. 5 (w.e.f. 1-5-2014).
3. Subs. by s. 5, ibid., for “manufactured drugs other than prepared opium” (w.e.f. 1-5-2014).
15
(b) provide that the limits within which licences may be given for the cultivation of any cannabis
plant shall be fixed from time to time by or under the orders of the State Government;
(c) provide that only the cultivators licenced by the pr escribed authority of the State Government
shall be authorised to engage in cultivation of any cannabis plant;
(d) require that all cannabis, the produce of land cultivated with cannabis plant, shall be delivered
by the cultivators to the officers of the State Government authorised in this behalf;
(e) empower the State Government to fix from time to time, the price to be paid to the cultivat ors
for the cannabis delivered;
(f) prescribe the forms and conditions of licences or permits for the purposes specified in
sub-clauses (i) to ( vi) of clause ( a) of sub -section (1) and the authorities by which such licences or
permits may be granted and the fees that may be charged therefor.
11. Narcotic drugs and psychotropic substanc es, etc., not liable to distress o r attachment. —
Notwithstanding anything to the contrary contained in any law or contract, no narcotic drug, psychotropic
substance, coca plant, the opium poppy or cannabis plant shall be liable to be distrained or attached by
any person for the recovery of any money under any order or decree of any c ourt or authority or
otherwise.
12. Restrictions over external dealings in narcotic dr ugs and psychotropic substances .—No
person shall engage in or control any trade whereby a n arcotic 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 in this behalf.
13. Special provisions relating to coca plant and coca leaves for use in the preparation of
flavouring agent .—Notwithstanding anything contained in section 8, the Central Government may
permit, with or without conditions, and on behalf of Excerpt shown. Open the full act in Lexace.