Chapter: 8 The Narcotic Drugs and Psychotropic Substances Act, 1985

The Narcotic Drugs and Psychotropic Substances Act, 1985

Objective of the Act

National Policy on Narcotic Drugs and Psychotropic Substances flows from Article 47 of Constitution of India, which provides that the State shall endeavour to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drugs injurious to health. The said constitutional provision is also guided by the international conventions on the subject, like a] Single Convention on Narcotic Drugs 1961 as amended by the 1972 Protocol b] Conventions on Psychotropic Substances 1971 and c] United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.

The Narcotic Drugs And Psychotropic Substances Act, 1985 was enacted to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances 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.

In 1993, the Government of India promulgated the NDPS (Regulation of Controlled Substances) Order, to regulate the manufacture, distribution etc., of any substance declared to be a "Controlled Substance".

Important Definitions

Addict: means a person addicted to any narcotic drug or psychotropic substance;

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,

Conveyance: means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel;

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 containing such drugs or 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.