CENTRAL BUREAU OF NARCOTICS
केंद्रीय नारकोटिक्स ब्यूरो
Narcotics Law
Control over cultivation of Opium and all matters relating to narcotic drugs and psychotropic substances are regulated by the "Narcotic Drugs and Psychotropic Substances Act and Rules" (NDPS Act & Rules).
The NDPS Act 1985 has been enacted by the government to combat the illicit trafficking of narcotic drugs, psychotropic substances, controlled chemicals as specified by the Government. It provides for prosecution of offenders, deterrent punishment and forfeiture of illicit property acquired from drug trafficking.
The NDPS Act envisages a multi-agency enforcement system comprising of a number of Central Government enforcement agencies besides the Central Bureau of Narcotics, such as Narcotics Control Bureau, Customs, Central Excise, Para-military Forces as well as State Govt. Agencies like State Police for effective control and prevention of illicit production, manufacture, distribution, trade, etc. of narcotic drugs and psychotropic substance.
Under the aforesaid Act, the Government has also framed the Narcotics Drugs and Psychotropic Substances Rules, 1985 (NDPS Rules, 1985) for effectuating the purpose of the Act. The above Rule govern the various provisions, viz., Opium poppy cultivation and production of opium and poppy straw, Manufacture, Sale and Export of Opium, Manufacture of natural manufactured drugs, Manufacture of synthetic manufactured drugs, Import, Export and Transshipment of NDPS, etc.
Besides the NDPS Act, 1985, the Government also has The "Prevention of Illicit Trafficking in Narcotics Drugs and Psychotropic Substances" (PITNDPS) which provides for detention of persons indulging in illicit trafficking of narcotic drugs by the issuance of an Executive Order. Most of the Indian Provinces/ States have framed their own Rules for the regulation of NDPS within the framework of the Central Government NDPS Act, 1985.
Offences and Penalties under NDPS Act, 1985
Offence | Penalty | Section |
---|---|---|
Cultivation of opium, poppy straw, cannabis or coca plants without licence | Rigorous imprisonment up to 10 years and fine up to Rs. 1. lakh | Poppy Straw- Section 15, Poppy & Opium- Section 18, Cannabis- Section 20, Coca Plant & Leaves- Section 16 |
Embezzlement of opium by licenced cultivator | Rigorous imprisonment of 10 to 20 years and fine of Rs. 1 to 2 lakhs (regardless of the quantity) | Section 19 |
Production, manufacture, possession, sale, purchase, transport, import inter-state, export inter-state or use of drugs | *Small quantity - Rigorous imprisonment up to 6 months or fine up to Rs.10,0000 or both *More than small quantity but less than commercial quantity - Rigorous imprisonment up to 10 years and fine up to Rs. 1 lakh *Commercial quantity - Rigorous imprisonment of 10 to 20 years and fine of Rs. 1 to 2 lakhs Small and commercial quantities are defined for each drug separately through a notification. Quantities for important drugs are mentioned in the table below this table - | Opium - Section 18, Prepared opium - Section 17, Cannabis - Section 20, Manufactured drugs or their preparations - Section 21, Psychotropic substances - Section 22 |
Import, export or transshipment of narcotic drugs and psychotropic substances | Same as above | Section 23 |
External dealings in NDPS, i.e., engaging in or controlling trade whereby drugs are obtained from outside India and supplied to a person outside India | Rigorous imprisonment of 10 to 20 years and fine of Rs. 1 to 2 lakhs (regardless of the quantity) | Section 24 |
Knowingly allowing one's premises to be used for committing an offence | Same as for the offence | Section 25 |
Financing traffic and harbouring offenders | Rigorous imprisonment of 10 to 20 years and fine of Rs. 1 to 2 lakhs (regardless of the quantity) | Section 27A |
Attempts, abetment and criminal conspiracy | Same as for the offence | Attempts - Section 28 Abetment and criminal conspiracy - Section 29 |
Preparation to commit an offence | Half the punishment for the offence | Section 30 |
Repeat offence | One and one-half times of the maximum term of imprisonment and also liable to fine up to one and one-half times of maximum amount of fine. | Section 31 |
Death penalty for certain offences after previous conviction for any of offences punishable under section 19, 24, 27A and for offences involving commercial quantity | Punishment which shall not be less than the punishment specified in section 31 or with death | Section 31A |
Consumption of drugs | Cocaine, morphine, heroin - Rigorous imprisonment up to 1 year or fine up to Rs. 20,000 or both Other drugs - Imprisonment up to 6 months or fine up to Rs. 10,000 or both Addicts volunteering for treatment enjoy immunity from prosecution | Section 27 Immunity - Section 64A |
Punishment for violations not elsewhere specified | Imprisonment up to 6 months or fine or both | Section 32 |
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Small and Commercial Quantities
The punishments for many offences under the NDPS Act depend on the quantity of drug involved with three levels of punishment for small, more than small less than commercial and commercial quantities.
View QuantitiesSeizure of Drugs by CBN
Along with control over licit and illicit cultivation of opium, Central Bureau of Narcotics has enforcement officers undertake enforcement checks to check illicit drug trade. The number of cases booked and the quantity of drugs seized by CBN in the last ten years.
Year | Opium | Heroin | Morphine | Poppy Hust | Clandestine Labs Detected | ||||
---|---|---|---|---|---|---|---|---|---|
No. of Cases | Qty. seized in Kgs | No. of Cases | Qty. seized in Kgs | No. of Cases | Qty. seized in Kgs | No. of Cases | Qty. seized in Kgs | ||
2019 | 5 | 149.060 | 3 | 1.010 | - | - | 15 | 2868.4 | - |
2018 | 2 | 19.585 | 5 | 2.860 | 2 | 1.620 | 12 | 308.630 | - |
2017 | 14 | 33.837 | 3 | 1.125 | - | - | 12 | 9154.32 | - |