NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES, 1985
.—(1) These rules may be called the Narcotic Drugs and Psychotropic Substances Rules, 1985.
(2) They shall come into force on the date of their publication in the Official Gazette.
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1. Vide G.S.R. 837(E), dated 14th November, 1985, published in the Gazette of India, Extra., Pt. II, Sec. 3(i), dated 14th November, 1985.
The Narcotic Drugs and Psychotropic Substances Rules, 1985, were enacted to regulate the control and management of narcotic drugs and psychotropic substances in India. These rules provide a framework for the enforcement of the Narcotic Drugs and Psychotropic Substances Act, 1985, which aims to combat drug abuse and trafficking.
Section R.1 of the Narcotic Drugs and Psychotropic Substances Rules, 1985, outlines the general provisions regarding the applicability and enforcement of the rules concerning narcotic drugs and psychotropic substances. It establishes the legal framework for the possession, manufacture, and distribution of these substances.
The scope of Section R.1 encompasses all individuals and entities involved in the handling of narcotic drugs and psychotropic substances, including manufacturers, distributors, and consumers. It applies to both legal and illegal activities concerning these substances.
Violations of the provisions outlined in Section R.1 can lead to severe penalties, including imprisonment and fines, as specified in the Narcotic Drugs and Psychotropic Substances Act, 1985. The Act provides for stringent punishments to deter drug-related offenses.
In these rules, unless the context otherwise requires,--
(a) "the Act," means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(b) 'Appellate Authority" means any authority to whom an appeal may lie under any provision of these rules;
(c) "Chemical Examiner" means the Chemical Examiner or Deputy Chief Chemist or Shift Chemist or Assistant Chemical Examiner, Government Opium and Alkaloid Works, Neemuch or, as the case may be, Ghazipur;
(d) "Chief Controller of Factories" means the Chief Controller of Government Opium and Alkaloid Factories;
(e) "crop year" means the period beginning on and from the 1st October of any year to the 30th September of the following year;
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Subject to such directions as may be given by the Central Government, the Narcotics Commissioner appointed by the Central Government under sub-section (1) of section 5 of the Act, may authorise any officer subordinate to him, to exercise all or any of his powers under these rules.
The Narcotics Commissioner and such other officer as may be appointed by the Central Government under sub-section (1) of section 5 of the Act may perform all or any of the functions, or exercise any of the powers, assigned under these rules to the officers subordinate to them.
The opium poppy for production of opium or poppy straw shall not be cultivated save on account of the Central Government and in the tracts notified by it from time to time and in accordance with the conditions of a licence issued by the District Opium Officer under rule 8.
The licence of cultivation of opium poppy may be granted by the District Opium Officer on payment of a fee of 1[rupees twenty-five].
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1. Subs. by G.S.R. 543, dated 24th October, 1994 (w.e.f. 5-11-1994).
The licence for cultivation of opium poppy for the production of opium or poppy straw shall be issued in Form No. 1 appended to these rules.
Subject to the general conditions relating to grant of licence notified by the Central Government*, the District Opium Officer may issue licence to any person for a crop year for cultivation of the opium poppy for production of opium or poppy straw on receipt of an application made by that person in Form No.2 appended to these rules.
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* The Central Government has notified the general conditions for grant of licence for cultivation of opium poppy on account of the Central Government during the Opium Crop Year commencing on the 1st day of October, 2005 and ending with the 30th day of September, 2006 (Published in this Volume).
The licence for cultivation of opium poppy issued under rule 8 shall specify the area and designate the plots to be cultivated with opium poppy.
The District Opium Officer may designate one of the cultivators of opium poppy as Lambardar in each village where opium poppy cultivation is permitted, who shall perform such functions and on such terms and conditions as may be specified from time to time by the Narcotics Commissioner.
.—(1) An officer higher in rank than the District Opium Officer may, for sufficient reasons to be recorded in writing, withhold or cancel a licence already issued.
(2) No order shall be passed under sub-rule (1) unless the cultivator has been given a reasonable opportunity of showing cause against the said order or is heard in person, if he so desires.
(3) Where opium poppy has been cultivated under a licence which is subsequently withheld, or cancelled, the standing crop, if any, shall be destroyed under the supervision of the proper officer in such manner as may be specified by the Narcotics Commissioner.
.—(1) All plots of land cultivated with opium poppy in accordance with the licence issued under these rules, shall be measured in metres by the proper officer in the presence of the cultivator concerned and the Lambardar of the village and the concerned cultivator and the Lambardar of the village shall attest the entries made in the records to be maintained by the Lambardar, as may be specified by the Narcotics Commissioner in this behalf, under their signature/thumb-impression with date, in token of having satisfied themselves regarding the correctness of the measurement.
(2) The measurement conducted by the proper officer shall be subject to such further checks by such officers as may be specified by the Narcotics Commissioner in this behalf.
.—(1) The cultivator shall, during the course of harvesting, produce daily before the Lambardar, each day’s collection of opium from his crop for weighment.
(2) The Lambardar shall make arrangements to weigh such opium and make necessary entries in the records to be maintained by him as may be specified by the Narcotics Commissioner in this behalf.
(3) The cultivator and the Lambardar shall attest the entries made in such records under their signature/thumb-impression with date, showing the quantity of opium weighed on a particular day.
(4) The proper officer shall conduct check weighment of the opium collected by the cultivators with reference to the entries in the Lambardar’s record and indicate his finding therein which shall be attested by him and the Lambardar under their signature with d
All opium, the produce of land cultivated with opium poppy, shall be delivered by the cultivators to the District Opium Officer or any other officer duly authorised in this behalf, by the Narcotics Commissioner at a place as may be specified by such officer.
All opium delivered by the cultivators to the District Opium Officer or any other officer authorised as aforesaid, shall, in the presence of the concerned cultivator or any person authorised by him and the Lambardar of the village, be weighed, examined and classified according to its quality and consistence and forwarded by the District Opium Officer to the Government Opium Factory in such manner as may be specified by the Narcotics Commissioner.
Any cultivator who may be dissatisfied with the classification of his opium done by the officer referred to in rule 15 may have it forwarded by such officer to the Government Opium Factory separately, after having it properly sealed in his presence and in the presence of the concerned Lambardar.
When opium delivered by a cultivator to the District Opium Officer or any other officer authorised in this behalf, is suspected of being adulterated with any foreign substance, it shall be forwarded to the Government Opium Factory separately, after it is properly sealed in the presence of the cultivator and the concerned Lambardar.
The sealed opium received separately in accordance with rule 16 or rule 17, shall be opened and sample drawn thereof in the presence of the cultivator, if he so desires, to whom, a notice intimating the date and time in this behalf, shall be sent well in advance.
.—(1) The Central Government shall, from time to time, fix the price of opium, to be paid to the cultivators, in such manner as it may deem fit.
(2) Such price shall be fixed per kilogram of opium of a standard consistence.
.—(1) The District Opium Officer shall, having regard to the weight and consistence of opium delivered by individual cultivators, work out the weight of such opium at the standard consistence and determine provisionally the total price payable to such cultivators.
(2) The said officer, shall, pay to the cultivators, ninety per cent. of the price so determined which shall be subject to adjustment against the final price payable to the cultivators to be determined as provided hereinafter.
The opium forwarded by the District Opium Officer shall be received, weighed, examined, and classified in the Government Opium Factory under the supervision of the General Manager in such manner as may be specified by the Narcotics Commissioner.
All such opium received separately under rule 17, if found to be adulterated on examination by the Chemical Examiner in the Government Opium Factory may be liable to confiscation by the General Manager.
No such confiscation shall be ordered by the General Manager unless the concerned cultivator is given a reasonable opportunity of showing cause against the proposed order and is heard in person, if he so desires.
.—(1) Subject to rule 21, the final price of opium payable to the cultivator shall, having regard to the price fixed by the Central Government under rule 19, be determined by the General Manager on the basis of analysis report of the Chemical Examiner 1[***] and communicated to the concerned District Opium Officer.
(2) The price payable in respect of any opium which is delivered to the District Opium Officer or any other officer authorised in this behalf under rule 14 and is not initially suspected to be adulterated but found to be adulterated on examination in the Government Opium Factory, shall be subject to reduction at such rates as may be specified by the Central Government.
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1. Omitted by G.S.R. 82, dated 14th February, 1995 (w.e.f.
The accounts of the cultivators for a particular crop year shall be adjusted by the District Opium Officer at the time of issuing of licences for the subsequent crop year and any balance that may remain due from the cultivators shall be recovered and any amount due to them be paid.
The weights and scales to be used for weighing the opium at the weighment centres and the Government Opium Factory shall be caused to be examined at the appropriate time by the Deputy Narcotics Commissioner or the General Manager, as the case may be.
The Central Government may, if it considers it expedient so to do, permit cultivation of the opium poppy for the exclusive production of poppy straw in accordance with a licence issued under rule 8 in such tracts and subject to such conditions as may be specified by it, by notification in the Official Gazette in this behalf:
Provided that the poppy straw produced by the cultivators or a result of the cultivation of opium poppy for production of opium, shall be deemed to have been produced under a valid licence issued under rule 8.
Section R.27 pertains to the procedures and safeguards related to the deposit, handling, and security of case property in narcotics cases under the NDPS Rules, 1985. It emphasizes the importance of proper record-keeping, chain of custody, and adherence to prescribed procedures to maintain the integrity of seized narcotic substances and prevent contamination or tampering.
Section R.27 prescribes the detailed procedures for the deposit, storage, issue, and re-deposit of case property, including narcotic drugs, weapons, and other articles. It mandates that all case property must be properly recorded, sealed, and stored in designated store rooms or Malkhanas, with strict procedures for issue and re-issue, including entries in relevant registers and seals. It also emphasizes that any breach or non-compliance can cast doubt on the integrity of the evidence.
The section applies to all case property related to narcotics and psychotropic substances, including drugs, weapons, and other articles. It covers the entire lifecycle from seizure, storage, issue for investigation or court presentation, and re-deposit. It aims to prevent tampering, contamination, or substitution of evidence, ensuring the integrity of the case property throughout legal proceedings.
While the Rules themselves do not specify explicit punishments, non-compliance can lead to:- Acquittal of accused due to doubts about evidence integrity (as seen in case law).- Suppression or rejection of evidence if chain of custody is broken.- Administrative disciplinary actions against officers responsible.- Legal consequences if evidence is found to be tampered with or mishandled, affecting the prosecution's case.
Note: The references are based on the provided sources, primarily from case law and legal commentary, emphasizing the importance of procedural compliance under R.27 for the integrity of narcotics evidence.
.—(1)(a) Any person aggrieved by any decision or order made or passed under these rules relating to refusal, withholding or cancellation of a licence for opium poppy cultivation by an officer of the Narcotics Department, lower in rank than the Deputy Narcotics Commissioner, may appeal to the Deputy Narcotics Commissioner within thirty days from the date of the communication to him of such decision or order.
(b) Notwithstanding anything contained in clause (a), if the decision or order regarding withholding or cancellation of licence for opium poppy cultivation is passed by the Deputy Narcotics Commissioner, such appeal shall lie to the Narcotics Commissioner:
Provided that the Deputy Narcotics Commissioner or, as the case may be, the Narcotics Commissioner may, if he is satisfied that the appellant was prevented from submitting his appea
Section R.28 of the Narcotic Drugs and Psychotropic Substances Rules, 1985, delineates the procedural aspects concerning appeals against decisions or orders made under the NDPS Act, 1985. It provides a mechanism for aggrieved persons to seek redress through specified appellate authorities, thereby ensuring legal recourse and administrative review.
Section R.28 stipulates that any person aggrieved by a decision or order issued by the Narcotics Commissioner or Deputy Narcotics Commissioner has the right to appeal. Such appeals are to be made within a prescribed period and are to be addressed to the appellate authority designated under the Rules.
Note: All references are based on the provided sources, primarily the NDPS Rules, 1985, and related official documentation.
(1) Any person aggrieved by any decision or order made or passed under rule 21 or rule 23 by the General Manager may, appeal to the Chief Controller of Factories within thirty days from the date of the communication to him of such decision or order:
Provided that the Chief Controller of Factories may, if he is satisfied that the appellant was prevented from submitting his appeal within the said time limit due to reasons beyond his control, allow such appeal to be presented within a further period of thirty days.
(2) Every appeal under this rule shall be accompanied by a copy of the decision or order appealed against and shall be in such form and in such manner as may be specified by the Narcotics Commissioner.
.—(1) The Appellate Authority shall give an opportunity to appellant to be heard, if he so desires.
(2) The Appellate Authority may, at the hearing of an appeal, allow the appellant to go into any ground of appeal not specified in the grounds of appeal, if the Appellate Authority is satisfied that omission of that ground from the grounds of appeal was not wilful or unreasonable.
(3) The Appellate Authority may, after making such further inquiry as may be necessary, pass such orders as he thinks fit confirming, modifying or annulling the decision or order appealed against:
Provided that any order relating to the quantum of adulterated opium to be confiscated in addition to the opium already confiscated under rule 23 shall not be passed unless the appellant has been given a reasonable opportunit
Opium shall not be manufactured save by the Central Government Opium Factories at Ghazipur and Neemuch:
Provided that opium mixtures may be manufactured from opium lawfully possessed by a person authorised under the rules made by the State Government for the said purpose.
The export of opium is prohibited save when the export is on behalf of the Central Government.
1[(1) The sale of opium to State Governments or manufacturing chemists or the person or entity who has been granted licence under sub section (2A) of rule 36, as the case may be, shall be only from the Government Opium Factories, located at Neemuch and Ghazipur;
(2) The sale of opium from the Government Opium Factory at Neemuch and Ghazipur to manufacturing chemists or the person or entity who has been granted licence under section sub-rule (2A) of rule 36, as the case may be, shall be only under a permit granted by or under the orders of the State Government within whose jurisdiction the chemist or the person or entity resides or has his place of business in the form prescribed by that Government.]
(3) The permit referred to in sub-rule (2) shall be issued, in quadruplicate and,--
(a) the qua
The price to be charged for opium sold under this Chapter shall be fixed, from time to time, by the Central Government in such manner as it may deem fit.
The manufacture of crude cocaine, ecgonine and its salts and of diacetyl morphine and its salts is prohibited:
1[Provided that nothing contained in this rule shall apply in case the drugs are manufactured by Government opium factory or by chemical staff employed under the Central Board of Excise and Customs or any person authorised by the Narcotics Commissioner by a special licence for purposes mentioned in Chapter VIIA:
Provided further that the Narcotics Commissioner shall consult the Drugs Controller-General of India before issuing a licence under this Chapter.]
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1. Ins. by G.S.R. 350 (E), dated 25th June, 1997 (w.e.f. 27-6-1997).
(1) The manufacture of cocaine and its salts is prohibited save the manufacture of cocaine hydrochloride by the chemical staff employed under the Central Board of Excise and Customs from confiscated cocaine.
(2) The manufacture of morphine, codeine, dionine, thebaine, dihyrocodeinone, dihydrocodeine, acetyldihydrocodeine, acetyldihydrocodeinone, dihydromorphine, dihydromorphinone, dihydrohydroxycodeinone, pholocodine and their respective salts is prohibted save by the Government Opium Factory.
1[(2A) Notwithstanding anything contained in sub-rule (2), the Narcotics Commissioner or such other officer as may be authorized by the Central Government may, on and from the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Rules, 2004 grant a License in Form 3 appended to these rules on such terms and conditions as may b
The Narcotic Drugs and Psychotropic Substances Rules, 1985, were enacted to regulate and control the operations related to narcotic drugs and psychotropic substances in India. Section R.36 specifically addresses the manufacture of certain drugs and the conditions under which such activities may be conducted.
Section R.36 outlines the conditions and restrictions regarding the manufacture of narcotic drugs, particularly focusing on the prohibition of certain substances unless specific licenses are obtained.
(1) Notwithstanding anything contained in rule 36, if the Central Government is of the opinion that it is in public interest to do so, the Narcotics Commissioner or any other officer authorised by the Central Government in this behalf may issue a licence in Form No.3A on such terms and conditions as may be specified in the licence to manufacture poppy straw concentrate from poppy straw.
(2) The licencee may also manufacture morphine, codeine, thebame, dionine, dihydrocodeinone, dihydrocodone, acetyldihydrocodeine, acetyldihydrocodeinone, dihydromorphine, dihydromorphinone, dihydrohydroxycodeinone, pholcodeine and their respective salts from the poppy straw concentrate manufactured under sub-rule (1).
(3) If, in the opinion of the Central Government, the licencee fails to fulfill the purpose for which he is issued a licence under sub-rule
(1) The manufacture of manufactured drugs notified under sub-clause (b) of clause (xi) of section 2 of the Act (hereafter referred to as the drug) is prohibited save under and in accordance with the conditions of a licence granted by the Narcotices Commissioner or such other officer as may be authorised by the Central Government in this behalf, in Form No.3 appended to these rules.
(2) A fee of rupees 7[five thousand] shall be payable in advance to the Central Government for each licence issued 2[under this rule 8[***]] for renewal thereof.
2. Substituted by Notification No. GSR 95(E) dated 04.02.2004 for the words under this rule.
7. Substituted by the Narcotic Drugs and Psychotropic Substances (Amendment) Rules, 2010 vide Notification No. SO1661(E) dated 13.07.2010 for the following : -"fift
The Narcotic Drugs and Psychotropic Substances Rules, 1985, were enacted to regulate and control the manufacture, distribution, and use of narcotic drugs and psychotropic substances in India. Section R.37 specifically addresses the manufacture of synthetic drugs, establishing guidelines and requirements for compliance.
Section R.37 outlines the conditions under which synthetic manufactured drugs may be produced. It emphasizes the necessity for compliance with the provisions of Rule 36 and mandates that manufacturers possess a valid license for the production of such drugs.
The scope of Section R.37 is limited to the manufacture of synthetic drugs and does not extend to other aspects of narcotic control, such as distribution or consumption. It is primarily focused on ensuring that manufacturers operate within a legal framework to prevent illicit drug production.
Violations of Section R.37 can lead to severe penalties, including imprisonment and fines, as stipulated under the broader framework of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Every application for a licence or for renewal thereof 1[under rule 36 or rule 37] 2[or under the proviso to rule 35] shall be in such form as may be specified by the Narcotics Commissioner.
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1. Subs. by G.S.R. 95(E), dated 4th February, 2004, for “under rule 37” (w.e.f. 4-2-2004).
2. Ins. by G.S.R. 350(E), dated 25th June, 1997 (w.e.f. 27-6-1997).
No licence shall be issued 1[under rule 36 or rule 37] 2[or under the proviso to rule 35] unless the applicant therefore has—
(i) produced to the issuing authority licences granted to him under (a) the Drugs and Cosmetics Act, 1940 (23 of 1940) for the manufacture of the drug, and (b) the rules framed under section 10 of the Act by State Government of the State in which he has his place of business, for the possession, sale and distribution of the drugs; and
(ii) made a deposit of Rs. 5,000.00 as security in the manner specified by the issuing authority for the due observance of the conditions of the licence and has furnished proof to the satisfaction of the issuing authority that he is equipped as to the land, building and other paraphernalia to properly carry on the business described in the application and is of good
The licensee shall not manufacture the drug save from materials which he is lawfully entitled to possess.
The issuing authority, while issuing the licence, shall take into account all relevant factors for permitting the quantity of the drug to be manufactured by a licensee including the following:
(a) quantity allotted by the State Government for processing into any preparation in licensee's own manufactory;
(b) quantity required for supply to other firms within or outside the country;
(c) quantity required for reasonable inventory:
Provided that the total quantity of the drug manufactured during any one year does not exceed the estimated requirements of this country for the relevant year as furnished to the International Narcotics Control Board.
The licensee shall ensure all necessary security arrangements in the manufacturing premises as may be specified by the issuing authority.
The licensee shall give at least 15 days' notice in writing to the issuing authority of the date on which he proposes to commence manufacture of the drug and at least one month's notice before he ceases to manufacture the same.
Where the licensee ceases manufacturing operations for any reasons whatsoever, he shall forthwith inform the issuing authority in this behalf indicating the date on which he proposes to recommence manufacture:
Provided that the issuing authority may prohibit all further manufacture in case the period of cessation of manufacture exceeds 30 days.
The licensee shall not possess or sell or distribute the drug otherwise than in accordance with the rules made by the State Government under the Act.
The licensee shall maintain true accounts of all transactions including the accounts of materials used for the manufacture of the drug, the quantities manufactured, sold or otherwise disposed of and furnish returns in such forms and in such manner as may be specified by the Narcotics Commissioner.
.—(1) The stocks of the drug and the materials used for its manufacture and all accounts and records of transactions relating thereto, shall be open to inspection by any officer authorised by the issuing authority.
(2) A serially numbered Inspection Book shall be maintained by the licensee in good condition for the use of such officer.
.—(1) Without prejudice to any action that may be taken under the provisions of the Act, the issuing authority may suspend or cancel a licence—
(i) if the licence is transferred or sublet without the prior approval of the issuing authority; or
(ii) in the event of any breach of any conditions of the licence; or
(iii) if the licensee is convicted for any offence under the Act or under any other law relating to the narcotic drugs for the time being in force in any State.
(2) No order shall be passed under sub-rule (1) unless the licensee has been given a reasonable opportunity showing cause against the said order or is heard in person, if he so desires.
.—(1) The licensee may file an appeal against the decision or order made or passed under rule 48 to—
(i) the Narcotics Commissioner where such decision or order was made or passed by any officer subordinate to him; and
(ii) the Board, in any other case,
within 30 days from the date of communication to him to such decision or order.
(2) Every memorandum of appeal shall be accompanied by a copy of the decision or order appealed against.
(3) Every appeal under this rule shall be filed in such form and in such manner as may be specified by the Board.
.—(1) The Appellate Authority shall give an opportunity to the appellant to be heard in person, if he so desires.
(2) The Appellate Authority may, at the hearing of an appeal allow the appellant to go into any ground of appeal not specified in the grounds of appeal, if the Appellate Authority is satisfied that omission of that ground from the grounds of appeal was not wilful or unreasonable.
(3) The Appellate Authority may, after making such further inquiry as may be necessary, pass such orders as it thinks fit, confirming, modifying or annulling the decision or order appealed against.
(4) The order of the Appellate Authority disposing of the appeal under this rule shall be in writing and shall state the points for determination, the decision thereon and the reasons for the decision.
A licensee may, if he so desires, surrender his licence, by giving not less than 15 days’ notice in writing to the issuing authority.
Such stocks or drugs as may be in the possession of a licensee, on the expiry or cancellation or surrender of his licence, shall be disposed of in such manner as may be specified by the Narcotics Commissioner in this behalf.
Subject to the other provisions of this Chapter, the import into and export out of India of the narcotic drugs and psychotropic substances specified in Schedule I is prohibited:
1[Provided that nothing in this rule shall apply in case the drug substance is imported into or exported out of India subject to an import certificate or export authorisation issued under the provision of this Chapter and for the purpose mentioned in Chapter VIIA.]
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1. Ins. by G.S.R. 350 (E), dated 25th June, 1997 (w.e.f. 27-6-1997).
The import of—
(i) opium, concentrate of poppy straw, and
(ii) morphine, codeine, thebaine, and their salts is prohibited save by the Government Opium Factory.
[(3) Subject to rule 53, no narcotic drug, or psychotropic substance specified in the Schedule of the Act shall be imported into India without an import certificate in respect of the consignment issued by the issuing authority, in Form No. 4 appended to these rules.]
(2) The importer applying for an import certificate under sub-rule (1) in relation to narcotic drug shall submit along with his application the original or certified copy of the excise permit issued by the concerned State Government.
(3) The application for the import certificate shall state such details as may be specified by the Narcotics Commissioner.
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1. Subs. by G.S.R. 556 (E), dated 14th July, 1995 (w.e.f. 20-7-1995).
.—(1) The issuing authority shall prepare seven copies of the import certificate referred to in sub-rule (1) of rule 55 and deal with them in the manner hereunder provided, namely:—
(a) (i) original and duplicate copies should be supplied to the importer who should transmit the original copy to the exporting country and shall produce the duplicate copy at the Customs House, Land Customs Station or Airport where the consignment arrives or, in the case of imports by parcel post, at the post office of delivery, in order to obtain delivery of the consignment of narcotic drugs or psychotropic substances;
(ii) the Collector of Customs or Post Master shall state on the copy presented by the importer that the narcotic drugs or the psychotropic substances have actually been imported and return the document to the importer wh
Subject to the provisions of section 79 of the Act and rule 53, no consignment of any narcotic drug, or psychotropic substances specified in 1[Schedule of the Act], shall be allowed to be transited through India unless such consignment is accompanied by a valid export authorisation in this behalf, issued by the Government of the exporting country:
Provided that the provisions of this rule shall not apply to the carriage by any ship or aircraft, of small quantities of such narcotic drugs and psychotropic substances which are essential for treatment of, or medical aid to, any person on board the ship or aircraft.
.—(1) 1[Subject to rules 53 and 53A, no narcotic drugs, or psychotropic substances specified in the Schedule of the Act, shall be exported out of India without an export authorisation in respect of the consignment issued by the issuing authority in Form No. 5 appended to these rules].
(2) The exporter applying for an export authorisation under sub-rule (1) shall submit,—
(a) where the export authorisation relates to narcotic drug, along with his application the original or an authenticated copy of the excise permit issued by the concerned State Government; and
(b) the import certificate in original, issued by the Government of the importing country certifying the official approval of the concerned Government.
2[***]
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.—(1) The issuing authority shall prepare five copies of the export authorisation referred to in sub-rule (1) of rule 58 and deal with them in the manner hereunder provided, namely:—
(a) the original should be supplied to the consignor which shall accompany the consignment;
(b) the duplicate copy should be forwarded to the Collector of Customs of the port who will return it to the issuing authority indicating on it the date of export and the quantity exported;
(c) the triplicate copy should be forwarded to the Government of the importing country;
(d) the quadruplicate copy should be forwarded to the excise authority of the State in which the exporter has his place of business;
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Subject to the provisions of section 79 of the Act and rule 53, no consignment of narcotic drug, or psychotropic substance specified in 1[Schedule of the Act], shall be allowed to be transhipped at any port in India save with the permission of the Collector of Customs.
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1. Subs. by G.S.R. 556 (E), dated 14th July, 1995 (w.e.f. 20-7-1995).
The Collector of Customs while allowing any consignment of narcotic drug, or psychotropic substances, specified in 1[Schedule of the Act,] to be transhipped shall, inter alia, satisfy himself that the consignment is accompanied by a valid export authorisation issued by the exporting country.
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1. Subs. by G.S.R. 556 (E), dated 14th July, 1995 (w.e.f. 20-7-1995).
.—(1) The Collector of Customs shall take all due measures to prevent the diversion of such consignment to a destination other than that named in the aforesaid export authorisation.
(2)(a) The Collector of Customs may permit diversion of such a consignment to a country other than that named in the accompanying copy of the export authorisation subject to the production of export authorisation issued by the issuing authority as provided under rule 58, as if the diversion were an export from India to the country, or territory of new destination.
(b) The Collector of Customs shall inform the issuing authority regarding the actual quantity of the narcotic drug or psychotropic substance, the diversion of the consignment of which was allowed under clause (a), whereupon the issuing authority shall, inform the country from which the export of the
The import or export of consignments of any narcotic drug or psychotropic substance through a post office box or through a bank is prohibited.
No person shall manufacture, possess, transport, import inter-State, export inter-State, sell, purchase, consume or use any of the psychotropic substances specified in Schedule I.
(1) Subject to the provisions of sub-rule (2), the manufacture of any of the psychotropic substances other than those specified in Schedule I shall be in accordance with the conditions of a licence granted under the Drugs and Cosmetics Rules, 1945 (hereinafter referred to as the 1945 Rules) framed under the Drugs and Cosmetics Act, 1940 (23 of 1940), by an authority in charge of Drugs Control in a State appointed by the State Government in this behalf.
1[PROVIDED that the authority in charge of drug control in a State referred to above may issue a licence to manufacture a psychotropic substance specified in Schedule II for the purpose of export only.]
(2) The authority in charge of drugs control in a State (hereinafter referred to as the Licensing Authority) shall consult the Drugs Controller (India) in regard to the assessed annual requ
No person shall sell, purchase, consume or use any psychotropic substance except in accordance with the Drugs and Cosmetics Rules, 1945 Rules.]
6. Inserted by the Narcotic Drugs and Psychotropic Substances (Amendment) Rules, 2010 vide Notification No. SO1661(E) dated 13.07.2010.
.—(1) No person shall possess any psychotropic substance for any of the purposes covered by the 1945 Rules, unless he is lawfully authorised to possess such substance for any of the said purposes under these Rules.
(2) Notwithstanding anything contained in sub-rule (1), any research institution or a hospital or dispensary maintained or supported by Government or local body or by charity or voluntary subscription, which is not authorised to possess any psychotropic substance under the 1945 Rules, or any person who is not so authorised under the 1945 Rules, may possess a reasonable quantity of such substance as may be necessary for their genuine scientific requirements or genuine medical requirements, or both for such period as is deemed necessary by the said research institution or, as the case may be, the said hospital or dispensary or person:
.—(1) Subject to the provisions of rule 64, no consignment of psychotropic substance shall be transported, imported inter-State or exported inter-State unless such consignment is accompanied by a consignment note in 1[Form 6] appended to these Rules and in the manner as provided hereinafter. (2) The consignment note referred in sub-rule (1) shall be prepared in triplicate, and the original and duplicate copies of the said note shall be sent along with the consignment of psychotropic substances to the consignee who shall return the duplicate copy of the note to the consignor for his use after endorsing on the original and duplicate copies the particulars of the receipt of the quantity consigned.
(3) The consignor shall make necessary entries on the triplicate copy of the said note with reference to the receipt of quantity of the psychotropic substances indicated on that duplicate c
.—(1) The Central Opium Rules, 1934, the Dangerous Drugs (Import, Export and Transhipment) Rules, 1957, and the Central Manufactured Drugs Rules, 1962 are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or purported to have been done or taken under any of the rules repealed by sub-rule (1) shall, in so far as it is not inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules.
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