1. Short title, extent and commencement.—(1) This Act may be called the Narcotic Drugs and
Psychotropic Substances Act, 1985.
(2) It extends to the whole of India 2
[and it applies also—
(a) to all citizens of India outside India;
(b) to all persons on ships and aircrafts registered in India,
wherever they may be].
(3) It shall come into force on such date3
as the Central Government may, by notification in the
Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for
different States and any reference in any such provision to the commencement of this Act shall be
construed in relation to any State as a reference to the coming into force of that provision in that State.
2. Definitions.—In this Act, unless the context otherwise requires,—
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[(i) “addict” means a person who has dependence on any narcotic drug or psychotropic
substance;]
(ii) “Board” means the Central Board of Excise and Customs constituted under the Central
Boards of Revenue Act, 1963 (54 of 1963);
(iii) “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;
(iv) “cannabis plant” means any plant of the genus cannabis;
1. Ins. by Act 2 of 1989, s. 2 (w.e.f. 29-5-1989).
2. Ins. by Act 9 of 2001, s. 2 (w.e.f. 2-10-2001).
3. 14th November, 1985, vide notification No. S.O. 821(E), dated 14th November, 1985, see Gazette of India, Extraordinary,
Part II, sec. 3(ii).
4. Subs. by Act 9 of 2001, s. 3, for clause (i) (w.e.f. 2-10-2001).
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[(iva) “Central Government factories” means factories owned by the Central Government or
factories owned by any company in which the Central Government holds at least fifty-one per cent. of
the paid-up share capital;]
(v) “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;
(vi) “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;
(vii) “coca plant” means the plant of any species of the genus Frythroxylon;
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[(viia) “commercial quantity”, in relation to narcotic drugs and psychotropic substances, means
any quantity greater than the quantity specified by the Central Government by notification in the
Official Gazette;
(viib) “controlled delivery” means the technique of allowing illicit or suspect consignments of
narcotic drugs, psychotropic substances, controlled substances or substances substituted for them to
pass out of, or through or into the territory of India with the knowledge and under the supervision of
an officer empowered in this behalf or duly authorised under section 50A with a view to identifying
the persons involved in the commission of an offence under this Act;
(viic) “corresponding law” means any law corresponding to the provisions of this Act;]
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[
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[(viid)] “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;]
(viii) “conveyance” means a conveyance of any description whatsoever and includes any aircraft,
vehicle or vessel;
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[(viiia) “essential narcotic drug” means a narcotic drug notified by the Central Government for
medical and scientific use;]
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[
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[(viiib)] “illicit traffic”, in relation to narcotic drugs and psychotropic substances, means—
(i) cultivating any coca plant or gathering any portion of coca plant;
(ii) cultivating the opium poppy or any cannabis plant;
(iii) engaging in the production, manufacture, possession, sale, purchase, transportation,
warehousing, concealment, use or consumption, import inter-State, export inter-State, import into
India, export from India or transhipment, of narcotic drugs or psychotropic substances;
1. Ins. by Act 16 of 2014, s. 2 (w.e.f. 1-5-2014).
2. Ins. by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001).
3. Ins. by Act 2 of 1989, s. 3 (w.e.f. 29-5-1989).
4. Clause (viia) relettered as clause (viid) thereof by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001).
5. Clause (viiia) relettered as clause (viiib) thereof by Act 16 of 2014, s. 2 (w.e.f. 1-5-2014).
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(iv) dealing in any activities in narcotic drugs or psychotropic substances other than those
referred to in sub-clauses (i) to (iii); or
(v) handling or letting out any premises for the carrying on of any of the activities referred to
in sub-clauses (i) to (iv),
other than those permitted under this Act, or any rule or order made, or any condition of any licence,
term or authorisation issued, thereunder, and includes—
(1) financing, directly or indirectly, any of the aforementioned activities;
(2) abetting or conspiring in the furtherance of or in support of doing any of the
aforementioned activities; and
(3) harbouring persons engaged in any of the afore-mentioned activities;]
(ix) “International Convention” means—
(a) the Single Convention on Narcotic Drugs, 1961 adopted by the United Nations
Conference at New York in March, 1961;
(b) the Protocol, amending the Convention mentioned in sub-clause (a), adopted by the
United Nations Conference at Geneva in March, 1972;
(c) the Convention on Psychotropic Substances, 1971 adopted by the United Nations
Conference at Vienna in February, 1971; and
(d) any other international convention, or protocol or other instrument amending an
international convention, relating to narcotic drugs or psychotropic substances which may be
ratified or acceded to by India after the commencement of this Act;
(x) “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;
(xi) “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 not 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;
(xii) “medicinal cannabis”, that is, medicinal hemp, means any extract or tincture of cannabis
(hemp);
(xiii) “Narcotics Commissioner” means the Narcotics Commissioner appointed under section 5;
(xiv) “narcotic drug” means coca leaf, cannabis (hemp), opium, popy straw and includes all
manufactured drugs;
(xv) “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;
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(xvi) “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;
(xvii) “opium poppy” means—
(a) the plant of the species Papaver somniferum L; and
(b) the plant of any other species of Papaver from which opium or any phenanthrene alkaloid
can be extracted and which the Central Government may, by notification in the Official Gazette,
declare to be opium poppy for the purposes of this Act;
(xviii) “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;
(xix) “poppy straw concentrate” means the material arising when poppy straw has entered into a
process for the concentration of its alkaloids;
(xx) “preparation”, in relation to a narcotic drug or psychotropic substance, means any one or
more such drugs or substances in dosage form or any solution or mixture, in whatever physical state,
containing one or more such drugs or substances;
(xxi) “Prescribed” means prescribed by rules made under this Act;
(xxii) “production” means separation of opium, poppy straw, coca leaves or cannabis from the
plants from which they are obtained;
(xxiii) “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;
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[(xxiiia) “small quantity”, in relation to narcotic drugs and psychotropic substances, means any
quantity lesser than the quantity specified by the Central Government by notification in the Official
Gazette;]
(xxiv) “to import inter-State” means to bring into a State or Union territory in India from another
State or Union territory in India;
(xxv) “to import into India”, with its grammatical variations and cognate expressions, means to
bring into India from a place outside India and includes the bringing into any port or airport or place
in India of a narcotic drug or a psychotropic substance intended to be taken out of India without being
removed from the vessel, aircraft, vehicle or any other conveyance in which it is being carried.
Explanation.—For the purposes of this clause and clause (xxvi), “India” includes the territorial
waters of India;
1. Ins. by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001).
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(xxvi) “to export from India”, with its grammatical variations and cognate expressions, means to
take out of India to a place outside India;
(xxvii) “to export inter-State” means to take out of a State or Union territory in India to another
State or Union territory in India;
(xxviii) “to transport” means to take from one place to another within the same State or Union
territory;
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[(xxviiia) “use”, in relation to narcotic drugs and psychotropic substances, means any kind of use
except personal consumption;]
(xxix) words and expressions used herein and not defined but defined in the Code of Criminal
Procedure, 1973 (2 of 1974) have the meanings respectively assigned to them in that Code.
Explanation.—For the purposes of clauses (v), (vi), (xv) and (xvi) the percentages in the case of liquid
preparations shall be calculated on the basis that a preparation containing one per cent. of a substance
means a preparation in which one gram of substance, if solid, or one mililitre of substance, if liquid, is
contained in every one hundred mililitre of the preparation and so on in proportion for any greater or less
percentage:
Provided that the Central Government may, having regard to the developments in the field of methods
of calculating percentages in liquid preparations prescribe, by rules, any other basis which it may deem
appropriate for such calculation.
3. Power to add to or omit from the list of psychotropic substances.—The Central Government
may, if satisfied that it is necessary or expedient so to do on the basis of—
(a) the information and evidence which has become available to it with respect to the nature and
effects of, and the abuse or the scope for abuse of, any substance (natural or synthetic) or natural
material or any salt or preparation of such substance or material; and
(b) the modifications or provisions (if any) which have been made to, or in, any International
Convention with respect to such substance, natural material or salt or preparation of such substance or
material,
by notification in the Official Gazette, add to, or, as the case may be, omit from, the list of psychotropic
substances specified in the Schedule such substance or natural material or salt or preparation of such
substance or material.