Chapter: 8.1 . Important provisions of the Narcotic Drugs and Psychotropic Substances

Important provisions of the Act

A] The cultivation, production, manufacture, possession, sale, purchase, transportation, warehousing, consumption, inter-State movement, transshipment and import and export of narcotic drugs and psychotropic substances is prohibited, except for medical of scientific purposes and in accordance with the terms and conditions of any license, permit or authorization given by the Government. (Section 8)
B] The Act empowers the Central Government to regulate the cultivation production, manufacture, import, export, sale, consumption, use etc of narcotic drugs and psychotropic substances. (Section 9).
C] The Act further empowers the State Governments to permit and regulate possession and inter-State movement of opium, poppy straw, the manufacture of medicinal opium and the cultivation of cannabis excluding hashish. (Section 10).
D] The Act categorically prohibits, any activity related to engaging in or controlling any trade whereby narcotic drugs or psychotropic substances are obtained outside India and supplied to any person outside India except with the previous authorization of the Central Government and subject to such conditions as may be imposed by the Central Government. (Section 12).
E] The Central Government is empowered to declare any substance, based on an assessment of its likely use in the manufacture of narcotics drugs and psychotropic substances as a controlled substance. (Section 9-A).
F] Assets derived from drugs trafficking are liable to forfeiture (Chapter VA).
G] Both the Central Government and State Governments are empowered to appoint officers for the purposes of the Act.(Sections 4, 5 and 7). Section 4(3) of the Act envisages the creation of a Central Authority to coordinate the activities of the various Central and State agencies involved in drug law enforcement, to implement India's obligations under various international conventions, and to coordinate with international organizations and authorities in foreign countries in the prevention and suppression of the illicit traffic in narcotic drugs and psychotropic substances.
H] Chapter V of the NDPS Act (Sections 41 to 68) sets out the powers as well as the procedures for the investigation of offences under the Act, which includes power to issue warrants, to enter and search premises, to stop and search conveyances, to seize narcotic drugs and psychotropic substances, to take statements and to arrest persons suspected of having committed an offence, punishable under the Act.