Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022
(1) These rules may be called the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
(1) In these rules, unless the context otherwise requires,--
(a) "Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(b) "container" means a portable receptacle in which narcotic drugs, psychotropic substances and controlled substances are placed for convenience of movement;
(c) "Form" means the forms appended to these rules;
(d) "Magistrate" means the judicial magistrate;
(e) "package" means the narcotic drugs, psychotropic substances and controlled substances covered in paper or in a box.
(2) Words and expressions used herein and not defined, but defined in the Act shall have the same meanings as respectively assigned to them in the Act.
(1) The narcotic drugs, psychotropic substances and controlled substances seized under the Act shall be classified based on physical properties and results of the drug detection kit, if any, and shall be weighed separately.
(2) If the narcotic drugs, psychotropic substances and controlled substances are found in packages or containers, such packages and containers shall be weighed separately and serially numbered for the purpose of identification.
(3) All narcotic drugs, psychotropic substances and controlled substances found in loose form shall be packed in tamper proof bag or in container, which shall be serially numbered and weighed and the particular of drugs and the date of seizure shall also be mentioned on such bag or container:
Provided that bulk quantities of ganja, poppy straw may be packed in gunny bags and sealed in such way that it cannot be tempered with:
Provided further that seized concealing material such as trolley bags, backpack a
(1) The godowns for storage of narcotic drugs, psychotropic substances, controlled substances, conveyance and other articles seized under the Act shall be designated by,--
(a) the department and agencies of the Central Government whose officers have been delegated powers of an officer-in-charge of a police station under section 53 of the Act;
(b) The State Police and the department and agencies of the State Government whose officers have been delegated powers of an officer-in-charge of a police station under section 53 of the Act.
(2) Godowns referred to in sub-rule (1) shall be identified taking into consideration the security aspect and juxtaposition to court of law and such godowns shall be placed under the over-all supervision and charge of an officer of Gazette rank of the department and agencies referred to in sub-rule (1).
(1) All seized materials referred to in sub-rule (1) of rule 3, after seizure under the Act shall be deposited by the seizing officer in the nearest godown designated under rule 4 within forty-eight hours from the time of seizure alongwith a forwarding memorandum in Form-1:
Provided that the said time period may be relaxed by further twenty-four hours after providing of reasonable justification by the officer to whom the seized material has been forwarded under sub-section (3) of Section 52 of the Act.
(2) The officer in-charge of a godown, before giving an acknowledgement of receipt in Form-2, shall satisfy himself that the seized materials are properly packed, sealed and in conformity with the details mentioned in Form-1.
(3) The officer, who had seized the material, shall hand over the acknowledgement of receipt of seized material in Form-2, alongwith all other documents relating to the seizure, to the Investigating Officer for further proceedings.
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(1) After receipt of the seized material, the officer in-charge of the godown shall ensure that the seized material is properly arranged, case-wise, for quick retrieval.
(2) The officer in-charge of a godown shall maintain a register of material received in the godown in Form-3.
(3) All seized material, excluding the conveyances, shall be stored in safes and vaults with double lock.
(1) The department and agencies referred to in rule 4 and the State Police shall designate an Inspecting Officer for each godown, who shall be higher in rank to that of the officer in-charge of the godown.
(2) The Inspecting Officer referred to in sub-rule (1) shall make periodical inspection of the godown, at least once in every quarter, and shall record his remarks in the godown register in Form-3 with respect to security, safety and early disposal of the seized material.
(3) The departments and agencies, referred to in rule 4 and the State Police shall maintain periodical reports and returns to monitor the safe receipt, deposit, storage, accounting and disposal of seized materials under the Act.
After the seized material under the Act is forwarded to the officer-in-charge of the nearest police station or to the officer empowered under section 53 of the Act or if it is seized by such an officer himself, he shall prepare an inventory of such material in Form-4 and apply to the Magistrate, at the earliest, under sub-section (2) of section 52A of the Act in Form-5.
After application to the Magistrate under sub-section (2) of section 52A of the Act is made, the Investigating Officer shall ensure that samples of the seized material are drawn in the presence of the Magistrate and the same is certified by the magistrate in accordance with the provisions of the said-sub-section.
(1) One sample, in duplicate, shall be drawn from each package and container seized.
(2) When the packages and containers seized together are of identical size and weight bearing identical marking and the contents of each package give identical results on colour test by the drugs identification kit, conclusively indicating that the packages are identical in all respects, the packages and containers may carefully be bunched in lots of not more than ten packages or containers, and for each such lot of packages and containers, one sample, in duplicate, shall be drawn:
Provided that in the case of ganja, poppy straw and hashish (charas) it may be bunched in lots of not more than fourty packages or containers.
(3) In case of drawing sample from a particular lot, it shall be ensured that representative sample in equal quantity is taken from each package or container of that lot and mixed together to make a composite whole from which the samples are drawn for tha
(1) Except in cases of opium, ganja and charas (hashish), where a quantity of not less than twenty-four grams shall be drawn for each sample, in all other cases not less than five grams shall be drawn for each sample and the same quantity shall be taken for the duplicate sample.
(2) The seized substances in the packages or containers shall be well mixed to make it homogeneous and representative before the sample, in duplicate, is drawn.
(3) In case where seized quantities is less than that required for sampling, the whole of the seized quantity may be sent.
(1) Each sample shall be kept in heat-sealed plastic bags or heat-resistant glass bottle or apparatus, which shall be kept in a paper envelope, sealed properly and marked as original or duplicate, as the case may be.
(2) The paper envelope shall also bear the respective serial number of the package or container from which the sample had been drawn.
(3) The envelope containing the duplicate sample shall also have reference of the test memo and shall be kept in another envelope, sealed and marked 'Secret-drug sample / Test memo', to be sent to the designated laboratory for chemical analysis.
(1) The samples after being certified by the Magistrate shall be sent directly to any one of the jurisdictional laboratories of Central Revenue Control Laboratory, Central Forensic Science Laboratory or State Forensic Science Laboratory, as the case may be, for chemical analysis without any delay.
(2) The samples of seized drugs or substances shall be despatched to the jurisdictional laboratories under the cover of the Test Memo, which shall be prepared in triplicate, in Form-6.
(3) The original and duplicate of the Test Memo shall be sent to the jurisdictional laboratory alongwith the samples and the triplicate shall be retained in the case file of the seizing officer.
The chemical laboratory shall submit its report to the court of Magistrate with a copy to the investigating officer within fifteen days from the date of receipt of the sample.
Provided that where quantitative analysis requires longer time, the results of the qualitative test shall be dispatched to the court of Magistrate with a copy to investigating officer within the said time limit on the original copy of the Test Memo and in the next fifteen days the result of quantitative test shall also be indicated on the duplicate Test Memo and sent to the court of Magistrate with a copy to the investigating officer.
(1) Remnants of samples shall be returned with reference to the Test Memo to the office from which they were received within three months after the analysis by the laboratory.
(2) Immediately after the acceptance of the test report by the court of Magistrate, the duplicate sample held by the Inquiry Officer shall be deposited in the godown referred to in rule 5 along with the remnants of the sample.
Having regard to the hazardous nature, vulnerability to theft, substitution and constraints of proper storage space, all narcotic drugs, psychotropic substances, controlled substances and conveyances, as soon as may be after their seizure, shall be disposed of in the manner determined under section 52A of the Act.
Any officer in-charge of a police station or any officer empowered under section 53 of the Act shall initiate action for disposal of narcotic drugs, psychotropic substances, controlled substances or conveyances under section 52A of the Act after the receipt of chemical analysis report.
(1) The officer empowered under section 53 of the Act or if the materials are seized by such an officer himself, he shall apply to the Magistrate under sub-section (2) of section 52A of the Act in Form-5 at the earliest to allow the application under sub-section (3) of section 52A of the Act.
(2) After the Magistrate allows the application under sub-section (3) of section 52A of the Act, the officer referred to in sub-rule (1) shall preserve the certified inventory, photographs and samples drawn in the presence of the Magistrate as primary evidence for the case and submit details of the seized materials to the Chairman of the Drug Disposal Committee for a decision by the Committee on the disposal, and the said officer shall also send a copy of the details along with the seized materials to the officer-in-charge of the godown.
The Head of the Department of each Central drug law enforcement agency and State drug law enforcement agency shall constitute one or more Drug Disposal Committees comprising of three Members each which shall be headed by an officer not below the rank of the Superintendent of Police or Joint Commissioner of Customs and Central Goods and Services Tax, Joint Director of Directorate of Revenue Intelligence or officers of equivalent rank and every such Committee shall be directly responsible to the Head of the Department.
The functions of the Drug Disposal Committee shall be to, --
(a) meet as frequently as possible and necessary;
(b) conduct a detailed review of seized items pending disposal;
(c) order disposal of seized items, and
(d) advise the respective investigation officers or supervisory officers on the steps to be initiated for expeditious disposal.
(1) The officer-in-charge of the godown shall prepare a list of all the seized materials that have been certified under section 52A of the Act and submit it to the Chairman of the concerned Drug Disposal Committee.
(2) After examining the list referred to in sub-rule (1) and satisfying that the requirements of section 52A of the Act have been fully complied with, the Members of the concerned Drug Disposal Committee shall endorse necessary certificates to this effect and thereafter that Committee shall physically examine and verify the weight and other details of each of the seized materials with reference to the seizure report, report of chemical analysis and any other documents, and record its findings in each case.
(3) In case of conveyance, the committee shall verify the engine number, chassis number and other details mentioned in panchnama and certify the inventory thereof.
The Drug Disposal Committee can order disposal of seized materials up to the quantity or value indicated in the following Table, namely: --
TABLE | ||
| Sl. No. | Name of item | Quantity per consignment |
(1) | (2) | (3) |
| 1. | Heroin | 5 Kilogram |
| 2. | Hashish (Charas) | 100 Kilogram |
| 3. | Hashish oil | 20 Kilogram |
| 4. | Ganja | 1000 Kilogram |
| 5. | Cocaine | 2 Kilogram |
| 6. | Mandrax | 3000 Kilogram |
| 7. | ||
(1) Opium, morphine, codeine and thebaine shall be disposed of by transferring to the Government Opium and Alkaloid Works under the Chief Controller of Factories.
(2) In case of narcotic drugs and psychotropic substances other than those mentioned in sub-rule (1), the Chief Controller of Factories shall be intimated by the fastest means of communication available, the details of the seized materials that are ready for disposal.
(3) The Chief Controller of Factories shall indicate within fifteen days of the date of receipt of the communication under sub-rule (2), the quantities of narcotic drugs and psychotropic substances, if any, that are required by him to supply as samples under rule 67B of the Narcotic Drugs and Psychotropic Substances Rules, 1985.
(4) The quantities of narcotic drugs and psychotropic substances, if any, as required by the Chief Controller of Factories under sub-rule (3) shall be transferred to him and the remaining quantities of narcotic dr
The Drug Disposal Committee shall intimate the Head of the Department regarding the destruction referred in sub-rule (7) of rule 23, at least fifteen days in advance so that, in case he deems fit, he may either himself conduct surprise checks or depute an officer for conducting such surprise checks and after every destruction operation, the Drug Disposal Committee shall submit to the Head of the Department a report giving details of destruction.
(1) A certificate of destruction in Form-7 shall be prepared in triplicate and signed by the Chairman and Members of the Drug Disposal Committee.
(2) The original copy of the certificate of destruction shall be pasted in the godown register after making necessary entries to this effect, the duplicate to be retained in the seizure case file and the triplicate copy shall be kept by the Drug Disposal Committee.
(1) As and when seized narcotic drug, psychotropic substance, or controlled substance is transferred to the Government Opium and Alkaloid Works, it shall issue a certificate in Form-8, acknowledging the receipt of such transfer, which shall be signed by an authority as may be decided by the Chief Controller of Factories.
(2) The Government Opium and Alkaloid Works shall maintain a register in Form-9 containing details of seized narcotic drug, psychotropic substance, and controlled substance transferred to it, which shall be signed by an authority as may be decided by the Chief Controller of Factories and which shall be preserved for a period of twenty-five years from the date of last entry.
(1) As and when the seized narcotic drug, psychotropic substance, controlled substance or conveyance is transferred to the Government Opium and Alkaloid Works or sold by way of tender or auction or in any other manner determined by the Drug Disposal Committee, a certificate of disposal in Form-10 shall be prepared in triplicate and signed by the Chairman and Members of the Drug Disposal Committee.
(2) The original copy of the certificate of disposal shall be pasted in the godown register after making necessary entries to this effect, the duplicate copy shall be retained in the seizure case file and the triplicate copy shall be kept by the Drug Disposal Committee.
(1) The Head of the Department of each Central drug law enforcement agency and State drug law enforcement agency shall submit a quarterly report in Form-11 to the Narcotics Control Bureau giving details of action taken for disposal of narcotic drugs, psychotropic substances, controlled substances and conveyances under section 52A of the Act.
(2) The return for a quarter shall be submitted before the last day of the month following that quarter.
Explanation.-- For the removal of doubts, it is hereby clarified that for the purpose of sub-rule (2) the expression "quarter" shall be January to March, April to June, July to September and October to December of every year.
(1) The Standing Order No. 1/88, dated the 15th March, 1988, Standing Order No 2/88, dated the 11th April, 1988, issued by the Narcotics Control Bureau, Standing Order No. 1/89, dated the 13th June, 1989, issued by the Government of India, Ministry of Finance (Department of Revenue), the notification of the Government of India, Ministry of Finance (Department of Revenue), published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide, number G.S.R.339(E), dated the 10th May, 2007 and the notification of the Government of India, Ministry of Finance (Department of Revenue), published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide, number G.S.R.38(E), dated the 16th January, 2015 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 Standing Order or notification repealed by sub-rule (1) shall, in so far as it is not inconsist
FORM-1 | |
[See rule 5(1)] | |
[To be prepared in duplicate] | |
Forwarding Memorandum to Godown by the Seizing Officer | |
| 1. NDPS Crime No. [as per crime and prosecution register under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985)] 2. Name and address of the accused 3. Place, Date and Time of Seizure 4. Description (physical properties) of items in each sealed package / container 5. Results of test done, if any, by drug detection kit 6. Quantity in each sealed package / container 7. No. of p |
FORM-2 | |
[See rule 5(2)] | |
Acknowledgement by Officer-in-charge of a Godown | |
| Received ___ number of packages / containers and __ number of conveyances, from ____________, as per details in Form-1 duly signed by him and endorsed by the undersigned (Original copy of Form-1 retained and duplicate copy thereof is enclosed), and entered in godown register vide entry No. ____. | |
Place: | Signature of the Officer-in-charge of the Godown with Full Name, Designation and official Seal |
FORM-3 | |
[See rule 6(2)] | |
Register of material received in Godown | |
| Godown Register No.____ | Name of the Officer-in-charge of the Godown |
| Year __________________ | |
| 1. Godown Entry Sl. No: 2. NDPS Crime No: 3. Name/designation/address of the seizing / depositing officer: 4. Facsimile of the seal put on the packages / containers by the seizing officer: 5. Name and address of the accused: 6. Place, Date and Time of Seizure: 7. Date and time of deposit in godown: | |
FORM-4 |
[See rule 8] |
INVENTORY OF SEIZED MATERIAL |
| [Under sub-section (2) of Section 52A of the Narcotic Drugs and Psychotropic Substances Act,1985] |
| Case No.-------------------------- Seizing agency: --------------------- Seizing officer: ---------------------- Date of seizure: -------------------- Place of seizure: ---------------------- Name and designation of the officer preparing this inventory: ------------------- |
TABLE | ||||||||
| Sl. No. | ||||||||
FORM-5 | ||||||||||||||||||||||||||
[See rule 8 and rule18(1)] | ||||||||||||||||||||||||||
APPLICATION FOR DISPOSAL OF SEIZED NARCOTIC DRUGS, PSYCHOTROPIC SUBTANCES, CONTROLLED SUBSTANCES AND CONVEYANCES UNDER SUB-SECTION (2) OF SECTION 52A OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 | ||||||||||||||||||||||||||
| [Application to be made by the officer in-charge of a police station or an officer empowered under section 53 of the Narcotic Drugs and Psychotropic Substances Act,1985who has custody of the material seized under the said Act] | ||||||||||||||||||||||||||
To S.FORM 6
S.FORM 7
S.FORM 8
S.FORM 9
S.FORM 10
|
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