The superintendence of opium poppy cultivation is regulated under the NDPS Act, 1985 and NDPS Rules,1985. However, the procedure followed for decision making during the implementation of the relevant provisions of the Act and Rules and the channels followed are detailed below:
The General Conditions for issuance of license regarding eligibility, minimum qualifying yield etc., are normally finalized by the Ministry in the month of October every year. The Licensing conditions, on receipt from the Ministry are forwarded by the Narcotics Commissioner to the Dy. Narcotics Commissioners in the field. Narcotics Commissioner also frames other instructions necessary for implementation of licensing conditions. On the basis of these conditions and instructions, the District Opium Officers issue licenses to the eligible cultivators.
In case of refusal of licence for opium poppy cultivation by the District Opium Officer, the cultivator may appeal to the Deputy Narcotics Commissioner within thirty days from the date of communication to him of such decision or order under Rule 28(1)(a) of NDPS Rules. If the decision or order regarding withholding or cancellation of licence for opium poppy cultivation is passed by the Deputy Narcotics Commissioner, appeal in such cases under Rule 28(1)(b) of NDPS Rules. shall lie to the Narcotics Commissioner.
A Lambardar, who is also a licensed cultivator, is also appointed for each and every cultivating village. All the cultivators eligible for poppy cultivation licence are issued a licence in Form No.1 prescribed under Rule 7 of NDPS Rules. The Joint License containing details of every licensee in his village is kept in custody of the Lambardar.
The licensed poppy fields are measured hundred percent by the Sub-Inspectors. The area measured in respect of each licensed cultivator is entered in the individual license as well as in the Joint License (Khasra) of the village which is kept with the Lambardar.
Test checks in measurement conducted by the proper officer are also conducted by officers above the rank of Sub-Inspector.
Instructions provide that crop which is damaged due to natural calamities can be uprooted partially or fully under departmental supervision by a Gazetted Officer, generally by the District Opium Officer/Superintendent, on receipt of an application for uprooting from the cultivator. A Panchnama of uprooting is also drawn in the presence of the concerned cultivator, Lambardar of the village and two independent witnesses. Uprooting of poppy crop is permitted only prior to commencement of lancing.
The Preliminary Weighment is designed to help the Administration in netting in the maximum opium harvested by the cultivators The cultivator shall during the course of harvesting, produce daily collection of his opium crop before the Lambardar for weighment. The weighment of such opium is conducted by the Lambardar and necessary entries are made in the Preliminary Weighment Register prescribed for the purpose. The entries made in such records are attested by the cultivator and Lambardar under their signature/thumb impression with date showing the quantity of opium as on a particular day. The check weighment of the opium collected by the cultivators is also conducted by the proper officer. with reference to the entries in the Preliminary Weighment Register maintained by the Lambardars.
In the month of February/March, the opium capsules are ready for lancing or extraction of opium by incision of opium capsules. The latex that oozes out of the capsule is collected by the cultivators on daily basis. Thereafter, in the month of March/April, the Central Bureau of Narcotics sets up procurement centres for collection of opium i.e. known as Weighment Centres and this operation is known as Weighment.
The quality and consistency (classification) of opium tendered by the cultivator is determined at the Weighment Centers by Oven testing method by the Chemist deputed from Central Revenue Control Laboratories. Raw opium is a viscous material containing considerable moisture. Depending upon the moisture content, the opium tendered by the cultivators is classified under the category of Class I to V.
The Class I opium is of consistence 70 to 72, Class II opium is of 67 to 69 consistence, class III, IV & V opium are of further lower consistence. The consistence indicates the solid portion and water contents available in the opium. Thus, 70ºC consistence means the opium having 70% solid contents and 30% moisture. After determination of the consistence, the opium tendered by the cultivator is weighed and 90% payment is made to the cultivators after converting the weight of opium tendered by the cultivator to 70ºC ( consistence) for maintaining uniformity. In addition to above, classification of opium under I to V classes, the opium is also classified under 'Water Mixed' category, if the consistence of opium is found to be below 58ºC (consistence).
The opium tendered by the cultivators is also tested in the temporary laboratories established at the weighment centers to determine the class /consistency of opium through Oven Testing method and other tests. The results of these laboratories are subject to the final testing by the Government Opium and Alkaloid Factories Ghazipur/Neemuch.
The opium found mixed with the foreign material or other adulterants at the weighment centers or suspected to contain adulterants by the District Opium Officer is classified under “Suspect” category. In respect of such “Suspect” opium, no payment is made to concerned cultivator at the time of procurement of opium in March/April and final payment is dependent on the final class/consistence and analysis report of the Government Opium Factories Ghazipur/Neemuch.
Any person or entity desirous to manufacture any synthetic narcotic drugs shall apply to the Narcotics Commissioner in a prescribed manner and shall submit the following documents:
After receipt of the application in CBN Headquarter Office, the concerned Dealing Assistant scrutinizes the information mentioned in the application form and other submitted documents. In case of any discrepancies or lack of information, the Company/Applicant is asked to rectify the discrepancies noticed and / or to provide the required information.
The Company's / Applicant's existence / genuineness is also verified through appropriate reference to Central Excise Authorities. Additionally, the recommendation of the Drugs Controller General of India (DCGI) is necessarily obtained before consideration for grant of the manufacturing licence for the manufacture of narcotic drugs. Other concerned statutory Agencies / authorities are also consulted as and when the need arises.
Further, it is also ensured that the total quantity of drug allowed to be manufactured during any year does not exceed the annual estimated requirements of India as furnished to the International Narcotics Control Board, Vienna, Austria.
The Narcotics Commissioner after due scrutiny of the application/ documents and being satisfied that the processing of application is in accordance with the prescribed rules/procedure, grants permission for issuance of manufacturing licence subject to following conditions :
As regards renewal of manufacturing licence, the manufacturers are required to apply to the Narcotics Commissioner at least 30 days before the expiry of his License along with following documents :-
On the basis of the demand made by the manufacturers and keeping in view of their performance i.e. internal consumption and export of the drug, the manufacturing licenses are renewed for the suitable quantities within the estimates of that drug for the year.
Any Company/Applicant desirous of obtaining Export Authorisation shall apply to the Narcotics Commissioner in a prescribed manner submitting the following documents:
After receipt of the application in CBN Headquarter office, the concerned Dealing Assistant scrutinizes the information mentioned in the application form and other submitted documents. In case of any discrepancies or lack of information the Company/Applicant is asked to rectify the discrepancies noticed and / or to provide the required information.
Further, it is also ensured that the annual estimated requirement in respect of a particular narcotic drugs and psychotropic substances (as published by INCB, Vienna, Austria) does not exceed the estimated requirement in respect of the importing country. (assessment by INCB). The genuineness of the transaction, veracity of the exporter and authenticity of the import certificate submit are verified before issuing export authorization. Other concerned Government agencies or International bodies such as INCB are also consulted as and when the need arises.
The Narcotics Commissioner after due scrutiny of the application/ documents and being satisfied that the processing of application is in accordance with the prescribed rules/procedures, grants permission for issuance of Export Authorisation. After the approval of Narcotics Commissioner, Export Authorisation is issued by the designated officer on behalf of the Narcotics Commissioner. Such export authorisations are allowed by Central Bureau of Narcotics subject to following conditions: -
Any Company/Applicant desirous of obtaining Import Certificate shall apply in a prescribed manner submitting the following documents :
After receipt of the application, the information submitted is scrutinized . In case of any discrepancies or lack of information, the Company/Applicant is asked to rectify the discrepancies noticed and / or to provide the required information.
Further, it is also ensured that the annual estimated requirement in respect of a particular narcotic drugs and psychotropic substances ( as published by INCB, Vienna, Austria) does not exceed the estimated requirement in respect of India. (assessment by INCB). The genuineness of the transaction, veracity of the importer is verified before issuing import certificate. Other concerned statutory agencies / authorities or International bodies such as INCB are also consulted as and when the need arises.
The Narcotics Commissioner after due scrutiny of the application/ documents and being satisfied that the processing of application is in accordance with the prescribed rules/procedure, grants permission for issuance of import Certificate. After the approval of Narcotics Commissioner, import Certificate is issued by the designated officer on behalf of the Narcotics Commissioner. Such import Certificates are allowed by Central Bureau of Narcotics subject to condition that the importers shall submit import details immediately after effecting import.
Any Company/Applicant desirous of obtaining NOC for export of selected precursor Chemicals is required to apply to the Narcotics Commissioner in a prescribed manner submitting the following documents :
After receipt of the application, the same is scrutinized. In case of any discrepancies or lack of information, the Company/Applicant is asked to rectify the discrepancies noticed and / or to provide the required information.
The genuineness of the transaction, veracity of the exporter and authenticity of the import certificate submitted are verified before issuing NOC. Other concerned Government agencies or International bodies such as INCB are also consulted as and when the need arises. This office uses a system of Pre- Export Notification (PEN) to notify the Competent Authority (CA) of the importing and transhipping country of the impending export.
The Narcotics Commissioner after due scrutiny of the application/ documents and being satisfied that the processing of application is in accordance with the prescribed rules/procedure, grants permission for issuance of NOC. After the approval of Narcotics Commissioner, NOC is issued by the designated officer on behalf of the Narcotics Commissioner. Such NOCs are allowed by Central Bureau of Narcotics subject to following conditions:
Any Company/Applicant desirous of obtaining NOC for import of these precursor Chemicals are required to apply to the Narcotics Commissioner in a prescribed manner submitting the following documents:
After receipt of the application, the same is scrutinized. In case of any discrepancies or lack of information, the Company/Applicant is asked to rectify the discrepancies noticed and / or to provide the required information.
The genuineness of the transaction, and veracity of the importer are verified before issuing NOC. Other concerned Government agencies or International bodies such as INCB are also consulted as and when the need arises.
The Narcotics Commissioner after due scrutiny of the application/ documents and being satisfied that the processing of application is in accordance with the prescribed rules/procedure, grants permission for issuance of NOC. After the approval of Narcotics Commissioner, NOC is issued by the designated officer on behalf of the Narcotics Commissioner. Such NOCs are allowed by Central Bureau of Narcotics subject to the condition that the importers shall submit import details immediately after effecting import.
Any Company/Applicant desirous of importing poppy seeds shall apply to the Narcotics Commissioner in a prescribed manner submitting the following documents :
Apart from the above documents, the following information / documents in respect of applicants approaching this office for the first time for registration are also required to be submitted :
After receipt of the application, the same is scrutinized. In case of any discrepancies or lack of information, the Company/Applicant is asked to rectify the discrepancies noticed and / or to provide the required information.
The genuineness of the transaction, veracity of the importer/exporter and authenticity of the import contract submitted by the company/applicant are verified before registering the import contract. Other concerned Government agencies or Competent National Authorities of the exporting countries are also consulted prior to registering the import contract. The genuineness of the first time exporter is necessarily verified from the Competent Authority of the concerned exporting country.
The Narcotics Commissioner after due scrutiny of the application/ documents and being satisfied that the processing of application is in accordance with the prescribed rules/procedure, grants permission for registration of import contract for import of poppy seeds. After the approval of Narcotics Commissioner, Registration is issued by the designated officer on behalf of the Narcotics Commissioner. Such Registrations are allowed by Central Bureau of Narcotics subject to the condition that the importers shall submit import details immediately after effecting import.
Apart from the above documents, the following additional information in respect of companies approaching this office for the first time for grant of permission for export/import is also to be submitted along with the application.
All action with regard to search, seizure, arrest, prosecution and forfeiture of property of drug trafficking are taken as per provisions of NDPS Act, and other instructions issued from time to time by the Narcotics Commissioner and / or the Central Government.