It is a consolidating statute related to narcotic drugs. It amends all other laws that used to exist related to narcotic drugs before its enactment. The objective of the Act is as follows –
- 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
Narcotic Drugs
Under the Act, “narcotic drug” means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs.
“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
“Opium derivative” means—
(a) medicinal opium, that is, opium which has undergone the processes 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 dia-morphine or heroin and its salts; and
(e) all preparations containing more than 0.2 per cent. of morphine or containing any diacetylmorphine
“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 therefrom.
“Coca leaf” means— (a) the leaf of the coca plant except a leaf from which all ecgonine, 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.
“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 salts; and (d) all preparations containing more than 0.1 per cent. of cocaine.
“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 neutral material, of any of the above forms of cannabis or any drink prepared therefrom;
Special Court
Sec. 36 of the Act empowers the government to set up as many Special Courts. The Government of India amended the NDPS Act in 1989 for the establishment of special courts to deal with offences set out in the Act. The Special Court is presided over by a single judge who must be a sitting Sessions Judge or Additional Sessions Judge at the time of his appointment. A Special Court has the similar powers as the Magistrate.
Punishment
The quantum of punishment is based on the quantity of drugs found. The quantity of drugs may be classified into 3 categories: small, less than commercial and commercial. The punishment may be rigorous imprisonment for one year if the drugs found are in less quantity. If quantity of drugs found is high then imprisonment may be as high as 20 years.
