Narcotic Drugs and Psychotropic Substances Act, 1985

Table of Content

1. Introduction
2. Genesis of the Act
3. Jurisdiction of the Act
4. Application of the Act
5. Definitions
6. Psychotropic Substance

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1. Introduction

The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) prohibits the non-medical and non-scientific use of ‘narcotic drugs’ and ‘psychotropic substances’, as well as activities related to them, including the cultivation of coca plants (the source of cocaine), opium poppies (the source of opium, heroin, etc.), and cannabis plants (the source of charas, hashish, ganja), as well as the gathering of any portion of coca plants.

The Act also regulates the activities related to ‘controlled substances,’ which are precursor chemicals used to manufacture narcotic drugs and psychotropic substances.

A common understanding of the definitions of narcotic drug, psychotropic substance, and controlled substance is essential for proper implementation of the Act. The Act was enacted by Parliament on September 16, 1985, and is commonly known as the NDPS Act. It came into force on November 14, 1985.

2. Genesis of the Act

Narcotic drugs have unique place in medical science. Since ages narcotic drugs have being used for relief of pain, suppression of cough and as an anesthetic. Some of the narcotic drugs also cause euphoria, a state of intense feelings of well-being and happiness. These drugs are addictive and destructive in character, when misused or abused for euphoric sense of mind. The addictive character of narcotic drugs, their availability, huge monetary gain from illicit trafficking leading to accumulation of black money and their uses in other organised criminal activities, including narco-terrorism, are various causes, among others, responsible for spreading drug abuse and illicit drug trade world-wide. The magnitude of drug abuse and illicit drug trade reached so high during the early 20^th century, the international community soon became conscious of the threat caused by the illicit traffic of narcotic drugs to the health and welfare of the mankind. At the same time, while recognizing that the medical use of narcotic drugs continues to be indispensable for the relief of pain and suffering and that adequate provision must be made to ensure the availability of narcotic drugs for medical and scientific purposes it was also realised that the menace of illicit trafficking of narcotic drugs needs to be combated, through concerted international policy, particularly by co-ordinated and universal action towards adopting multi-national agreements and conventions.

The first such international co-operation was initiated in the year 1909, followed by 4 conventions, 3 agreements and 2 protocols till 1953. However, the most effective and successful international policy was adopted by ‘The Single Convention on Narcotic Drugs, 1961’, which was further widened and strengthened by the 1972 Protocol Amending the Single Convention on Narcotic Drugs, 1961. The Single Convention covers only opioid drugs, cocaine and cannabis depending on their potential for abuse as well as their medical benefit.

The international community and the World Health Organization (WHO), thereafter recognized that many psychotropic substances like amphetamines, LSD etc. having the capacity to produce a state of dependence and central nervous system stimulation or depression, resulting in hallucinations or disturbances in motor function or thinking or behaviour or perception or mood with abuse potential are not under any international control. Accordingly, the Convention on Psychotropic Substances, 1971 was adopted with the identical objectives and aims of the Single Convention. Both the Conventions are based on the following concepts:

• • Drugs and substances having legitimate medicinal and scientific uses must be protected;
  • Their abuse gives rise to public health, social and economic problems;
  • Vigorous measures are necessary to restrict their use to legitimate purposes;
  • Effective measures require international co-operation in co-ordinated and universal action.

India, being geographically sandwiched between the two major sources of opium producing regions in the world namely ‘the Golden Triangle’ [border regions between Thailand, Burma (now Myanmar) and Laos] and ‘the Golden Crescent’ [space overlapping three nations, Afghanistan, Iran and Pakistan], faced serious problem of transit traffic in illicit drugs and psychotropic substances. With the passing of time, India also faced additional major problems of abuse and addiction of narcotic drugs and psychotropic substances caused by the spill-over of such transit traffic. At that stage, in India cultivation of opium poppy, manufacture of opium and possession, sale, purchase, transport, import or export of opium were regulated by the Opium Act, 1857 and the Opium Act, 1878 respectively. The Dangerous Drugs Act, 1930 was enacted with an aim to suppress the contraband traffic in and abuse of Dangerous Drugs especially those derived from opium, Indian hemp (cannabis) and coca leaf. Psychotropic substances were not covered under these Acts. The magnitude of illicit trafficking in narcotic drugs and psychotropic substances at national and international level reached so high that it was soon realised that the scheme of penalties under these Central Acts was not sufficiently deterrent to combat the menace of drug trafficking. This necessitated and led to the enactment of a comprehensive legislation namely the Act by Parliament to strengthen the control measures over illicit drug trafficking and for deterrent punishment for illicit drug trafficking offences in accordance with the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances, India being a signatory to the Convention.

The Golden Triangle and Golden Crescent are depicted in the map as under:

Image Credit: swarjayamag.com

In view of the resolutions adopted by the United Nations Convention Against Illicit Traffic In Narcotic Drugs and Psychotropic Substances, 1988, the Act was amended in the year 1989. The Act has undergone further amendments in the years 2001 and 2014.

Consequent to the judgment and order dated 04.06.2021 passed by the Hon’ble High Court of Tripura, vide NDPS (Amendment) Ordinance, 2021 (8 of 2021), in section 27A of NDPS Act, 1985, for the words, brackets, letters and figures “clause (viiia) of section 2”, the words, brackets, letters and figures “clause (viiib) of section 2” was substituted. It was promulgated on 30th September, 2021 as The Narcotic Drugs and Psychotropic Substances (Amendment) Ordinance, 2021 (No. 8 of 2021).

The Narcotics Drugs and Psychotropic Substances (Amendment) Bill, 2021 after being passed by the Parliament received the assent of the President on the 29th December, 2021 and was notified on 30th December, 2021 as Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2021. See full details at pages 983-984.

3. Jurisdiction of the Act

The Act extends to the whole of India.**

** In terms of explanation after clause (xxv) of section 2 of the Act, “India” includes the territorial waters* of India.

*Territorial waters extends up to 12 nautical miles i.e. 22.2 km from the nearest point measured from the appropriate baseline [of coastal state].

[Sub-section (2) of section 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976]

Thus, on a plain reading it transpires that the provisions of the Act are applicable up to 22.2 km into the sea from the point of the appropriate baseline of coastal state.

However, a moot question that follows is the applicability of the provisions of the Act when the person(s) on ship is/are a foreigner(s) and the ship (vessel) is not registered in India and foreign vessel is found to contain narcotic drugs or psychotropic substances on it.

In this situation, whether a search and seizure operation under the provisions of Act read in conjunction with the provisions of Customs Act, 1962 can be conducted by the Indian Coast Guard Officers is the question that is being explored herein.

Before addressing the issue, it is imperative to quote from a report from News 18 dated 5.12.2019:

”The Coast Guard used provisions of the Customs Act and the Narcotic Drugs and Psychotropic Substances Act and other relevant acts to board and seize vessels in the EEZ. However, it did not have the necessary legal backing and many cases would fall flat in the court, officials said.”

A careful analysis of the above statement reveals that the Indian Coast Guard used the provisions of the Customs Act, 1962 and the Act to board and seize vessels in the EEZ. In this context, it is necessary to refer to the Customs Notification empowering the Indian Coast Guard Officers with powers.

In terms of Notification No. 12-Cus dated 14.2.1981, the Officers of Coast Guard were given power of officers of Customs under sections 37, 38, 100 to 104, 106, 107 and 110 of the Customs Act, 1962, within the Indian Customs Waters.

At the time of issuance of Notification dated 14.2.1981, section 2(28) of the Customs Act, 1962 defined “Indian Customs Waters’’ as ‘waters extending into the sea up the limit of contiguous zone of India under section 5 of the Territorial Waters Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976) and includes any bay, gulf, harbour, creek or tidal river;’. Vide section 58(iii) by Finance Act, 2018 (13 of 2018) with effect from 29.3.2018, the definition underwent a substitution and the substituted definition of ‘’Indian Customs Waters’’ read as ‘’the waters extending into the sea up to the limit of Exclusive Economic Zone under section 7 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976) and includes any bay, gulf, harbour, creek or tidal river;’’. Accordingly, it emerges that the Indian Customs Water, with effect from 29.3.2018 extends up to the Exclusive Economic Zone. A deemed fiction has been created to include up to 200 nautical miles (up to EEZ) as part of physical mass of India.

In this context, it is apt to note that the Central Government issued Notification No. S.O. 429(E) dated 18.7.1986 under section 6(5)(a) and section 7(6)(a) of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 by which certain areas were identified as designated areas. The ‘’designated areas’’ are more than 12 nautical miles away from the shore and are outside the territorial waters of India.

The Central Government by Notification No. 11/87-CUSTOMS dated 14.1.1987 issued under section 6(6)(a) and section 7(7)(a) of the Maritime Zones Act, 1976 extended the Customs Act and the Customs Tariff Act, 1975 to the designated areas.

The Central Government by Notification No. S.O. 643 (E) dated 19.9.1996, in exercise of its powers under section 6(5)(a) and section 7(6)(a) of the Maritime Zones Act, 1976, further declared certain areas in the continental shelf and the exclusive economic zone where the installations, structures and platforms were located as ‘’designated areas’’.

In term of a subsequent Notification No. S.O. 189 (E) dated 11.2.2002, the Central Government in exercise of its power under section 6(5)(a) and section 7(6)(a) of the Maritime Zones Act, 1976, extended the Customs Act, 1962 and Customs Tariff Act, 1975 to the continental shelf of India and the exclusive economic zone of India with effect from the date of publication of the Notification in the Official Gazette for the following purposes, viz. :-

(a) the prospecting for extraction for production of mineral oils in the continent shelf of India or the exclusive economic zone of India and

(b) the supply of any goods as defined in clause (22) of Section 2 of the Customs Act, 1962 in connection with any of the activities referred to in clause (a).

It is in this context the interception of vessels (ships, etc.) for contraband under the Customs Act, 1962 or the Act has to be seen and the news quoted in para supra assumes significance because of the absence of a proper legal backing.

Addressing the legal lacunae and simultaneously empowering the Indian Coast Guard Officers, the Ministry of Defence has issued a Notification S.R.O. 16(E) dated 5.12.2019 from file F. No. 5(4)/2017-D(N-II/OPS)/862 giving the Indian Coast Guard Officers the legal backing it deserves and vide this Notification dated 5.12.2019 ¹, issued by the Ministry of Defence in exercise of powers conferred by sub-section (3) of section 121 of the Coast Guard Act, 1978 (30 of 1978), the Central Government has authorized every member of the Coast Guard, to visit, board, search and seize vessel, or arrest any person, or seize any artificial island or any floating or moored object or any under water object including any maritime property involved or suspected to be used or likely to be used in the commission of any offence punishable under any of the Central Acts, including the Acts specified in clause (i) of sub-section (1) of section 121 of the said Act (Customs Act, 1962 is specified herein), within the area of maritime zone of India extending up to exclusive economic zone as defined under section 2(m) of the Indian Coast Guard Act, 1978.

The effect of the Notification dated 5.12.2019 is that the Indian Coast Guard has been conferred powers from this date formally for all the Central Acts and hence, despite the definitions in the Act, as it stands today, the Indian Coast Guard officers have the power to intercept a foreign vessel containing illicitly trafficked drugs (under NDPS cases) or contraband (under Customs Act, 1962) under the Indian Coast Guard Act, 1978 and proceed accordingly.

4. Application of the Act

The Act also applies to all Indian citizens outside India and all persons on ships and aircrafts registered in India, wherever they may be.

[Sub-section (2) of section 1 of the Act]

The Act, also extends the criminal jurisdiction over a person of Indian citizen residing in India, engaged in or control any trade in narcotic drugs or psychotropic substances in an unauthorized manner outside India ². It means, if the said person is engaged in or control any trade whereby a narcotic drug or psychotropic substance is obtained outside India (say Mexico) and supplied to any person outside India (say the UK) without previous authorisation of the Central Government and fulfilment of conditions as may be imposed by that Government in this behalf, the said person shall be liable for punishment under the Act. It also extends the criminal jurisdiction over a foreign citizen, if the foreign citizen is physically present in India and is engaged in or control any trade whereby a narcotic drug or psychotropic substance is obtained outside India and supplied to any person outside India without previous authorisation of the Central Government and fulfilment of conditions as may be imposed by that Government in this behalf.

[Sections 12 and 24 of the Act]

The Act, further provides that if a person (both Indian citizen and foreign citizen), abets, or is a party to a criminal conspiracy to commit an offence, within the meaning of the Act, either by physically present in India or anywhere shall also be punished under the provisions of the Act.

[Sub-section (2) of section 29 of the Act]

A brief on the interplay of sections 29, 42, 53, 53A and 67 of the Act

The officers implementing the provisions of the Act are called empowered officers. Readers may note that empowered officers are from various agencies of the Central Government and State Governments. Government of India, Ministry of Finance vide S.O. 3901(E) dated 30.10.2019 empowered the officers of and above the rank of sub-inspector in Central Bureau of Narcotic and Junior Intelligence Officer in Narcotics Control Bureau and of and above the rank of inspectors in the Central Board of Indirect Taxes and Customs, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau to exercise the powers and perform the duties specified in section 42 of the Act within the area of their respective jurisdiction and also authorised the said officers to exercise the powers conferred upon them under section 67 of the Act. Vide S.O. 3899 (E) dated 30.10.2019, the Government of India, Ministry of Finance has also invested the officers of and above the rank of inspectors in the Central Board of Indirect Taxes and Customs, Central Bureau of Narcotics, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau and of and above the rank of Junior Intelligence Officer in Narcotics Control Bureau with the powers specified in section 53(1) of the Act. The Central Government, in exercise of the powers conferred by section 36A(1)(d) of the Act vide Notification S.O. 3900(E) dated 30.10.2019, authorised the officers of and above the rank of Inspectors in the Central Board of Indirect Taxes and Customs, Central Bureau of Narcotics, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau and of and above the rank of Junior Intelligence Officer in Narcotics Control Bureau for filling of complaints relating to an offences under the Act before Special Court.

Officers from certain other agencies such as Border Security Force, Indian Coast Guard, Railway Protection Force, National Investigation Agency, Assam Rifles, etc. have also been made empowered officers.

To illustrate in the case of National Investigation Agency, the Central Government, after consultation with the State Governments, has invested the officers of and above the rank of Inspectors in the National Investigation Agency constituted under the National Investigation Agency Act, 2008 (34 of 2008) to exercise the powers and perform duties specified in section 53(1) of the Act within the area of their jurisdiction. It naturally follows from the above that section 53 of the Act invested the designated officers with all the powers of an ‘officer-in-charge of a police station for the process of investigation, which would begin after information collected by a section 42 officer is handed over to the officer designated under section 53 of the Act.

Moving further, we find that the officers of the State Government in the State Excise and Police are also empowered officers. It is to be noted that in most of the States, the State Governments have, inter alia, empowered the officers of the rank of Head Constable in the Police Force and above to be empowered officers and hence the officers below the rank of Head Constable not being empowered cannot utilise the power so conferred on an empowered officer the right to enter premises, search, seize and arrest without an authorisation under section 42 of the Act.

A statement under section 67 of the Act by two different empowered officers of two different empowered agencies requires a proper analysis. In a situation where a statement is recorded by an investigating officer of the rank of Superintendent/Inspector of Customs under the provisions of section 67 of the Act, it was held admissible as the officer was not a police officer and consequently the statement was not hit by section 25 of the Indian Evidence Act, 1872. Readers may note that the Hon’ble Supreme Court had held in the case of Romesh Chandra Mehta v. State of West Bengal – [1969] 2 SCR 461 (and followed subsequently in a catena of cases) customs officer is not a police officer. This was held in the context of the Customs Act, 1962 being a Revenue Act. This judgment and the subsequent judgments were used to buttress the point that a statement recorded under section 67 of the Act by an officer of Customs is not hit by section 25 of the Indian Evidence Act, 1872 and this proposition of law was upheld by the Hon’ble Supreme Court in the case of Raj Kumar Karwal v. Union of India – [1990] 2 SCC 409 where the Hon’ble Supreme Court deciding the question of police officer in the context of the Act

Directorate of Revenue Intelligence officers (who are basically officers of Customs) are not police officers for the purpose of section 25 of the Evidence Act, 1872.

It needs no emphasis at this point of time that in the same case, had the statement being recorded at the material time by an empowered police officer, say an Assistant Commissioner of Police, then the same would have been hit by section 25 of the Indian Evidence Act, 1872. Such was the position until the Larger Bench of the Hon’ble Supreme Court in the case of Tofan Singh v. State of Tamil Nadu – 2020-TIOL-171-SC-NDPS-LB held by a 2:1 majority that officers invested with powers to investigate offences under the Act are ‘Police Officers’ within the meaning of section 25 of the Indian Evidence Act and therefore a confession made by an accused under section 67 of the Act before such officer/s was inadmissible in evidence, resulting in parity. While arriving at such finding it was observed as under:

“Even if the NDPS Act is to be construed as a statute which regulates and exercises control over narcotic drugs and psychotropic substances, the prevention, detection and punishment of crimes related thereto cannot be said to be ancillary to such object, but is the single most important and effective means of achieving such object. This is unlike the revenue statutes where the main object was the due realisation of customs duties and the consequent ancillary checking of smuggling of goods (as in the Land Customs Act, 1924, the Sea Customs Act, 1878 and the Customs Act, 1962); the levy and collection of excise duties (as in the Central Excise Act, 1944); or as in the Railway Property (Unlawful Possession Act), 1966, the better protection and security of Railway property. Second, unlike the revenue statutes and the Railway Act, all the offences to be investigated by the officers under the NDPS Act are cognizable. Third, that section 53 of the NDPS Act, unlike the aforesaid statutes, does not prescribe any limitation upon the powers of the officer to investigate an offence under the Act, and therefore, it is clear that all the investigative powers vested in an officer in charge of a police station under the CrPC – including the power to file a charge-sheet – are vested in these officers when dealing with an offence under the NDPS Act. Thus, to arrive at the conclusion that a confessional statement made before an officer designated under section 42 or section 53 can be the basis to convict a person under the NDPS Act, without any non obstante clause doing away without any safeguards, would be a direct infringement of the constitutional guarantees contained in Articles 14, 20(3) and 21 of the Constitution of India”

At this stage, the interplay of section 67 vis à vis section 53 and section 53A of Act and their effect on one another requires to be noted. The Hon’ble Supreme Court considered the word ‘enquiry’ finding place in section 67 of Act and held that information gathered at antecedent stage prior to commencement of investigation is distinct from the enquiry under section 53A of Act, which happens during the course of investigation of offences. Therefore, a statement under section 67 vis a vis section 53 and section 53A of Act operates on different footing.

The question of whether statements given by the accused under Section 67 of the Act has any evidentiary value and whether they can be relied upon to deny an application for bail.

5. Definitions

5.1 Narcotic Drug 

It means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs.

[clause (xiv) of section 2 of the NDPS Act]

• • ‘coca leaf’ means-

(a) the leaf of the coca plant except a leaf from which all ecgonine (an alkaloid having a close structural relation to cocaine, found naturally in coca leaves), 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.

[clause (vi) of section 2 of the NDPS Act]

• • ‘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 whatever name they may be known or designated; and

(c) any mixture, with or without any natural material, of any of the above forms of cannabis or any drink prepared therefrom.

[clause (iii) of section 2 of the NDPS Act]

• • ‘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.

[clause (xv) of section 2 of the NDPS Act]

• • ‘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 juice has been extracted there from.

[clause (xviii) of section 2 of the NDPS Act]

• • ‘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 to be a manufactured drug, but does not include any 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.

[clause (xi) of section 2 of the NDPS Act]

New Additions to the Existing List of Manufactured Drugs

Vide S.O. 1350 (E) dated 13.3.2019, in addition to the existing notified manufactured drugs, the following additions to the substances, salts and preparations thereof have been declared to be manufactured drugs, namely :

(i) Carfentanil: Methyl 1-(2-pheny lethyl)-4-[phenyl(propnoyl)amino] piperidine-4-carboxylate;

(ii) Ocfentanil: N-(2-Fluorophenyl)-2-methoxy-N-[1-(2-phenylethyl) piperidin-4-l]acetamide;

(iii) Furanylfentanyl: N-Phenyl-N-[1-(2-phenylethyl)piperidin-4-y1] furan-2-carboxamide;

(iv) Acryloylfentanyl (Acrylfentanyl): N-Phenyl-N-[1-(2-phenylethyl) piperidin-4-y1]prop-2-enamide;

(v) 4-Fluoroisobutyrfentanyl:N-(4-Fluoropheny)-2-methyl-N-[1-(2-phenylethyl)piperidin-4-yl]propenamide;

(vi) Tetrahydrofuranylfentanyl: N-Phenyl-N-[1-(2-phenylethy)piperidin-4-yl]oxolane-2-carboxamide.

Further, vide S.O. 1274(E) dated 23.3.2021, the Central Government has declared the following substances, salts and preparations thereof to be manufactured drugs, namely: –

(i) Crotonylfentanyl: 2E)-N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]but-2-enamide;

(ii) Valerylfentanyl: N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]pentanamide;

(iii) Parafluorobutyrylfentanyl: N-(4-fluorophenyl)-N-[1-(2-phenylethyl) piperidin-4-yl] butanamide;

(iv) Ortho-Fluorofentanyl: N-(2-fluorophenyl)-N-[1-(2-phenylethyl) piperidin-4-yl] propanamide;

(v) Methoxyacetyl fentanyl: 2-methoxy-N-phenyl-N-[1-(2-phenylethyl) piperidin-4-yl] acetamide;

(vi) Cyclopropylfentanyl: N-Phenyl-N-[1-(2-phenylethyl) piperidin-4-yl] cyclopropane carboxamide.

• • ‘coca derivative’ means-

(a) crude cocaine, that is, 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 salt; and

(d) all preparation containing more than 0.1.per cent of cocaine.

[clause (v) of section 2 of the NDPS Act]

• • ‘medicinal cannabis’, that is, medicinal hemp means-

any extract or tincture of cannabis(hemp).

[clause (xii) of section 2 of the NDPS Act]

• • ‘opium derivative’ means-

(a) medicinal opium, that is, opium which has undergone the process necessary to adapt it for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other pharmacopoeia notified in this 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 suitable 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 diamorphine or heroin and its salts; and

(e) all preparations containing more than 0.2 per cent of morphine or containing any diacetylmorphine.

[clause (xvi) of section 2 of the NDPS Act]

• • ‘poppy straw concentrate’ means-

The material arising when poppy straw has entered into a process for the concentration of its alkaloids.

[clause (xix) of section 2 of the NDPS Act]

Consolidated meaning of Narcotic Drug is: coca leaf, cannabis (hemp), opium, poppy straw, coca derivatives[crude cocaine, ecgonine and all the derivatives of ecgonine from which it can be recovered, cocaine and its salt, all preparation containing more than 0.1.per cent of cocaine], medicinal cannabis [any extract or tincture of cannabis (hemp)], opium derivatives [medicinal opium, prepared opium, phenanthrene alkaloids, diacetylmorphine or heroin, all preparations containing more than 0.2 per cent of morphine or containing any diacetylmorphine] and poppy straw concentrate.

It also includes isomers, within specific chemical designation, the esters, ethers and salts of these drugs, including salts of esters, ethers and isomers, whenever existence of such substance is possible and any other narcotic substance or preparation which the Central Government may, by notification in the Official Gazette, declare to be a manufactured drug.

For example: Opium, Heroin, Cocaine, Ganja, Hashish, Morphine, etc.

5.2 Essential Narcotic Drug

It means a narcotic drug notified by the Central Government for medical and scientific use.

[clause (viiia) of section 2 of the NDPS Act]

For example : Codeine, Hydrocodone, Oxy-codone, Fentanyl, Methadone and Morphine.

Certain narcotic drugs have been notified as ‘Essential Narcotic Drugs’ to ensure easier access of these drugs for medical use by bringing the activities relating to these drugs under the ambit of Central NDPS Rules, 1985 to regulate uniformly through out the country. Earlier activities relating to these drugs were under the ambit of States Rules which required multiple licenses from multiple agencies causing cumbersome procedures for their availability in medical use.

The term ‘essential narcotic drug’ has been inserted by NDPS (Amendment) Act, 2014 vide SRO 1183(E), dated 30.4.2014. Essential narcotic drugs were notified vide S.O. 1181(E), dated 5.5.2015.

6. Psychotropic Substance

It 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.

[clause (xxiii) of section 2 of the NDPS Act]

For example: Amphetamine, Methaqualone, Diazepam, Alprazolam, Ketamine, etc.

6.1 New Additions to the list of Psychotropic Substances

Vide S.O. 1352(E) dated 13.3.2019, the following stands added to the list of psychotropic substances

6.2 Further, vide S.O. 1275(E) dated 23.3.2021, the following stands added to the list of psychotropic substances

1. Full details of the Government of India, Ministry of Defence Notification S.R.O. 16(E) dated 5.12.2019 from file F. No. 5(4)/2017-D(N-II/OPS)/862 is annexed at the end of this chapter.
2. Also read: Repatriation of a Convicted Prisoner involving Narcotics and Psychotropic Substances in Foreign Shores and the sentence to be undergone in India under Part V Knowledge Enhancement Topics.