NARCOTIC DRUGS AND

PSYCHOTROPIC
SUBSTANCES (NDPS) 1985

Dr. Chaitra R.B.

Part 1: Types of drugs

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 Classification
• Alcohol

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Alcoholic beverages
 Alcohol Content
• Beer……………………..3-8%
• Wine……………………..5-18%
• Whisky,Rum etc……….38-43%
• Desi……………………..15-33%
 Classification
• Opioids

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Opium
Heroin (Smack)
 Classification
• Cannabis

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 Cannabis
(Bhang, Charas, Ganja, Hashish)
 Cannabis products

• Bhang (leaves) Oral

• Ganja (dried flowering stem Smoked
of the plant)
• Charas / Hashish (extracted Smoked
from the resin covering the
plant)
• Hashish Oil (extracting Smoked
using chemical methods)

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 Classification
• Sedative – hypnotics

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Valium, Avil, Cough Syrups
 Sedative – hypnotics & other
pharmaceuticals
Medications for:
• Sleep (Diazepam) General brain
• Allergy (Promethazine, pheniramine) depressants

• Pain (Pentazocine, Propoxyphene)

• Cough (Codiene) Opioid like
actions
• Diarrhea (Diphenoxalate)
• Anesthesia (Ketamine) Hallucinogen

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 Classification
• Cocaine and other stimulants

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Coca leaf and cocaine powder
Amphetamine Type Stimulants (ATS)

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 Classification
• Hallucinogens

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LSD
 Classification
• Tobacco

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Tobacco
 Classification
• Volatile solvents

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Volatile solvents (Inhalants)
 Classification
Depressants Stimulants Hallucinogens
• Alcohol • Cocaine • LSD
• Opioids • Amphetamine Type • Cannabis
• Sedative – hypnotics Stimulants
• Volatile solvents • Tobacco
• Cannabis • Cannabis

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The Narcotic Drugs and Psychotropic
Substances Act, 1985 Act prohibits non-medical
and non-scientific uses and all other related
activities in relation to ‘narcotic drugs’ and
‘psychotropic substances’
THE LAW
 INTRODUCTION
• The Central Acts like Opium Act, 1857,the Opium Act ,1878
and the Dangerous Drugs Act,1930 were enacted a long
time ago.

• With the changing circumstances and the developments in

the field illicit drug traffic and drug abuse at national and
international level ,many drawbacks have come to notice in
the said Acts.

• The Government of India has repealed these old Acts and

passed

• “The Narcotic Drugs and Psychotropic Substances

Act,1985’’
 SCOPE

• Prevents abuses and illicit trading of NDPS

• It provides the licensing system for both
Central and State Government .

• OBJECTIVE
• The main objective of this Acts is to
consolidate and amend the law relating to
narcotic drugs, to make stringent provision
for control and
• regulate the operation relating to narcotic
drugs and psychotropic substance and matter
connected there with
 Definition
• What are Narcotic Drugs?

• Narcotic drug”means coca leaf, cannabis

(hemp), opium, poppy straw and includes
all manufactured goods
 Definition
• 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 know 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 know or designated; and

(c) any mixture, with or without any neutral material, of any

of the above forms of cannabis or cannabis or an drink
prepared there from;
 Definition
• "coca derivative" means-
crude cocaine, that is, any extract of coca leaf
which can be used, directly or indirectly, for
the manufacture of cocaine; and all
preparations containing more than 0.1 per
cent. Of cocaine
 Definition

• Opium : it means the coagulated juice of the opium

poppy and it`s mixture with or without neutral
material.

• Addict : A person habitual to regular use of any

narcotic drug or psychotropic substance.
 What are Psychotropic
Substances?
• 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;
 Drug / Psychoactive Substance

• Any substance that when taken by a

person modifies perception, mood,
cognition, behaviour or motor functions.
• This definition includes legal and illegal
substances, that can lead to dependence

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Narcotic Control Bureau (NCB)
• NCB was established on 17th March 1986
to enable the full implementation of the
NDPS Act 1985.
• Headquarter at Delhi.
• It is the chief law enforcement and
intelligence agency of India.
• Director general.
 Prohibition, Control and
Regulation
1. Prohibition of certain operation As per Sec.8 :
No person shall ;
• Cultivate any coca plant or gather any portion of coca
plant; or
• Cultivate the opium poppy or any cannabis plant ;or
• Produce, manufacture, possess, sale, purchase,
transport, ware-house, use, consume, import inter-
state, export inter-state, import into India export from
India any narcotic drug or psychotropic substance
except for medical and scientific purpose.

• Intention is not necessary

 Power of Central Government to
Permit, Control, and Regulate
• Regulation

• The cultivation ,or gathering of any portion of coca

plant (only on account of the Central Government )
• the production ,sale ,purchase ,transport ,import inter-
state ,export inter- state, use or consumption of coca
leaves. The cultivation of the opium poppy (only on
account of the Central Government ).
• The production and manufacture of opium and
production of poppy straw;
• The sale of opium and opium derivative from the
Central Government factories for export from India or
sale to State Government or to manufacturing
chemists;
 Central government control on certain operation
According to the rules :
• Govt. shall fix the limit of licences for cultivation.
• The product cultivated by cultivator shall be
delivered to the authorised officer.
• Govt. shall fix the price to be paid to the
cultivator for the opium
 Offences and Penalties :
Quantity
• The prosecution and quantum of punishment of an
individual depends on quantity of drugs found in
possession.
• NDPS Act has categorised quantity in categories

• Small quantity- any quantity lesser than the quantity

specified by the Central Government

• Commercial quantity - any quantity greater than the

quantity specified by the Central Government
 Offences and Penalties :
Quantity
• The quantity of different drug and its category is not
uniform, rather it is different for every drug as specified
by the Central Government.
Drug Small Quantity Commercial Quantity

Diazepam 20 grams 500 grams

Ganja 1 kg 20 kg

Heroin 5 grams 250 grams

MDMA 0.5 gram 10 grams

•
• For instance, 1kg of Ganjais small quantity and 20 kg
commercial, whereas, 5 grams of Heroineis small
quantity and 250 grams commercial .
 Recent Observation by SC :
E Micheal Raj Case (2020)
• “It is the quantity of the entire banned drug mixture and not its purity
which will determine the punishment for an offender under the
legislation”.

• It said the use of drugs by young people in India has increased over a
period of time, which is a crime against the society and has to be dealt
with iron hands

• "Take example of heroin. It is known as powerful and illegal street drug

and derived from morphine. This drug can easily be 'cut' with a variety
of different substances.

• The heroin is mixed with other substances like chalk powder, zinc oxide,
because of these, impurities in the drug, brown-sugar is cheaper but
more dangerous

•
 Punishment And Penalties
• Chapter IV of the NDPS Act delas with offences and
penalties

Quantity Punishment

The Courtis empowered to impose fine exceeding two lakhs by recording reasons for the same in the judgemen

Rigorous imprisonment for a term upto 1 year, or with fine upto Rs 10,000, or
Small
with both

Rigorous imprisonment for a term upto10 years,or with fine uptoRupees 1 Lakh,
Less than Commercial
or both

Rigorous imprisonment for a term of 10 to 20 years, or fine of rupees 1 Lakhs to

Commercial
2 lakh
• Consumption of drugs
• Cocaine, morphine, heroin – Rigorous imprisonment up to 1 year or
fine up to Rs. 20,000 or both.
• Other drugs- Imprisonment up to 6 months or fine up to Rs. 10,000
or both.

• Abetment, criminal conspiracy and even attempts to commit an

offence attract the same punishment as the offence itself.
Preparation to commit an offence attracts half the penalty

• Punishment for allowing premises, etc. to be used for

commencement of an offence
• 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 lac rupees but
which may extend to two lac rupees.
 Enhanced Punishment : habitual offenders

• Enhanced punishment for certain offences after

previous conviction

• For habitual offenders who are convicted of an offence

with the same amount of punishment after a previous
conviction, the punishment will be enhanced to one and
half times the maximum term of imprisonment and fine
both.

The NDPS Act also provides provision of death penalty

for certain offences to habitual offenders for commission
or attempt of certain offences specified in Section 31A
 Immunity from prosecution
• Immunity from prosecution to an addict involved in a small quantity
of drugs after they voluntarily seek to undergo medical treatment
for deaddiction under section 64A.
• Provided that the said immunity from prosecution may be
withdrawn if the addict does not undergo the complete treatment for
de-addiction.
• This section provides immunity to the addict not only for
consumption (section 27) but also for offences involving small
quantity of drugs.
• However, if the addict is found carrying drugs, say, for a party and
the total quantity of drugs exceeds small quantity, then he cannot
get immunity under section 64A.
Understanding Sec. 37 of the NDPS Act & powers
of High Court to grant Bail under Sec. 439 CrPC

• Notwithstanding anything contained in the Code of Criminal

Procedure, 1973 no person accused of an offence
prescribed therein shall be released on Bail unless the
conditions contained therein were satisfied. Both the grounds
must be satisfied before granting Bail i.e.
• The Public Prosecutor must be given an opportunity to
oppose the application for such release, and
• Where the Public Prosecutor opposes the application, the
court is satisfied that there are reasonable grounds for
believing that he is not guilty of such offence and that he is
not likely to commit any offence while on bail.
• The discretionary power conferred under Sec. 439 of CrPC is
subject to the limitations imposed under Sec. 37 of the NDPS
Act.
 Cancellation of Bail
• The important grounds for cancellation of Bail are:
• Where the accused misuses his liberty by indulging in similar
criminal activity,
• Interferes with the course of investigation,
• Attempts to tamper with evidence or witnesses, Likelihood of
fleeing, etc.
• It presumes the guilt of the accused which brings complete
responsibility of proving an individual’s innocence on him. Bail
cannot be given to accused of offences which fall under Sections
19, 24 or 27A of the NDPS Act and those relating to commercial
quantities of drugs .
Whether Confessional Statements made under Sec. 67 of
the NDPS Act is admissible in a Court of Law:

• A perusal of Sec. 67 shows that, no confession can be

recorded u/s 67 since no such power has been invested
with the empowered officer u/s 67 either explicitly or
impliedly.
• However, it is a settled law that officers of the N.C.B.
are not Police Officers and the statement of the
accused recorded by them is admissible in evidence. A
statement under Sec, 67 of the Act, is admissible in
evidence and can be considered by the Court as
against the Accused.
Thank You