Narcotic Drugs and Psychotropic Substances Act, 1985
2. Definitions
In this Act, unless the context otherwise requires,-
(i) "addict" means a person addicted to 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;
(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 know 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 know or designated; and
(c) any mixture, with or without any neutral
material, of any of the above forms of cannabis or cannabis or an drink
prepared there from;
(iv) "cannabis plant" means any plant of the genus
cannabis;
(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 Errythroxylon;
2[(viia) "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
substances;]
(viii) "conveyance" means a conveyance of any
description whatsoever and includes any aircraft, vehicle or vessel;
3[(viiia) "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 transshipment, of narcotic drugs or psychotropic substances;
(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 license, term or authorization 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) harboring persons engaged in any of the
aforementioned 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 derivative 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;
(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, poppy 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;
(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 there
from;
(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 the 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;
(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;
(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;
4[(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 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
milliliter of substances, if 'liquid, is contained in every one hundred
milliliter 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.
