3. Power to add to or omit from the list of psychotropic 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 the 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 and 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).
9
(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 direction
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 Substances Consultative Committee.—
(1) The Central
Government may constitute, by notification 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 the
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 the 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 sub-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).
10
(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 Central 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 Central 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, together 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).
11
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 orders 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 other 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 and 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 knowing 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 evade 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 corresponding
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 manufacture 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 section 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).
12
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 drugs 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 weighment, 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, possession,
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).
13
1
[9A. Power to control and regulate controlled substances.—
(1) If the Central Government is of
the opinion that, having regard to the use of any controlled substance in the production or manufacture of
any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it
may, by order, provide for regulating or prohibiting the production, manufacture, supply 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 from 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 inter-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 drugs 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 requisite 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).
14
(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 prescribed 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 cultivators
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 substances, etc., not liable to distress or 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 court or authority or
otherwise.
12. Restrictions over external dealings in narcotic drugs and psychotropic substances.—No
person shall engage in or control any trade whereby a narcotic 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 Government, the cultivation of any coca plant or
gathering of any portion thereof or the production, possession, sale, purchase, transport, import inter-
State, export inter-State or import into India of coca leaves for use in the preparation of any flavouring
agent which shall not contain any alkaloid and to the extent necessary for such use.
14. Special provision relating to cannabis.—Notwithstanding anything contained in section 8,
Government may, by general or special order and subject to such conditions as may be specified in such
order, allow cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for
horticultural purposes.
CHAPTER IV
OFFENCES AND PENALTIES
1
[15. Punishment for contravention in relation to poppy straw.—Whoever, in contravention of
any provisions of this Act or any rule or order made or condition of a licence granted thereunder,
produces, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits to
warehouse poppy straw or removes or does any act in respect of warehoused poppy straw shall be
punishable,—
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which
may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves quantity lesser than commercial quantity but greater than
small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine
which may extend to one lakh rupees;
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term
which shall not be less than ten years but which may extend to twenty years, and shall also be liable
to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
1. Subs. by Act 9 of 2001, s. 6, for sections 15 to 18 (w.e.f. 2-10-2001).
2. Subs. by Act 16 of 2014, s. 6, for “six months” (w.e.f. 1-5-2014).
15
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding
two lakh rupees.
16. Punishment for contravention in relation to coca plant and coca leaves.—Whoever, in
contravention of any provision of this Act or any rule or order made or condition of licence granted
thereunder, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sells,
purchases, transports, imports inter-State, exports inter-State or uses coca leaves shall be punishable with
rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one
lakh rupees.
17. Punishment for contravention in relation to prepared opium.—Whoever, in contravention of
any provision of this Act or any rule or order made or condition of licence granted thereunder,
manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses
prepared opium shall be punishable,—
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which
may extend to 1[one year], or with fine which may extend to ten thousand rupees, or with both; or
(b) where the contravention involves quantity lesser than commercial quantity but greater than
small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine
which may extend to one lakh rupees; or
(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term
which shall not be less than ten years but which may extend to twenty years, and shall also be liable
to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding
two lakh rupees.
18. Punishment for contravention in relation to opium poppy and opium.—Whoever, in
contravention of any provision of this Act or any rule or order made or condition of licence granted
thereunder, cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports,
imports inter-State, exports inter-State or uses opium shall be punishable,—
(a) where the contravention involves small quantity, with rigorous imprisonment for a term which
may extend to 2[one year], or with fine which may extend to ten thousand rupees, or with both;
(b) where the contravention involves commercial quantity, with rigorous imprisonment for a term
which shall not be less than ten years but which may extend to twenty years, and shall also be liable
to fine which shall not be less than one lakh rupees which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding
two lakh rupees;
(c) in any other case, with rigorous imprisonment which may extend to ten years and with fine
which may extend to one lakh rupees.]
19. Punishment for embezzlement of opium by cultivator.—Any cultivator licensed to cultivate
the opium poppy on account of the Central Government who embezzles or otherwise illegally disposes of
the opium produced or any part thereof, shall be punishable with rigorous imprisonment for a term which
shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which
shall not be less than one lakh rupees but which may extend to two lakh rupees:
Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two
lakh rupees.
20. Punishment for contravention in
