The Narcotic Drugs and Psychotropic Substances Act, 1985
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The Narcotic Drugs and Psychotropic Substances Act, 1985
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 ACT NO. 61 OF 1985
[16th September, 1985.]An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances 1*[ 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].and for matters connected therewith.BE it enacted by Parliament in the Thirty-sixty Year of the Republic of India as follows:--CHAPPRELIMINARYCHAPTER IPRELIMINARY1.Short title, extent and commencement.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.(3) It shall come into force on such date 2* 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.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 (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[See footnote 1 for this section](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;(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, out 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;1*[(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 manufac-ture of narcotic drugs or psychotropic substances or to the pro-visions of any International Convention, by notification in the Officcial Gazette, declare to be a controlled substance,](viii) "conveyance" means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel;1*'(viiia) "illicit traffic", in relation to narcotic drugs and psychotropic substances, means--(i) cultivating any coca plant or gathering any portion of caca plant;(ii) cultivating the opium poppy or any cannabis plant;(iii) engaging in the production, manufacture, posse-ssion, sale, purchase, tansportation, warehousing, conceal-ment, use or consumption, import inter-State, export inter-State, import into India, export from India or transhipment, 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 (ii); 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), a...See the full content of this document
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