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Licit Cultivation Licit cultivation is carried out in India in selected tracts notified by the Central Government annually in the States of Madhya Preadesh, Rajasthan and Uttar Pradesh. Licences are issued by the CBN to eligible cultivators in the above three States as per the General Conditions relating to Grant of Licence framed by the Central Government. The most important criteria for eligibility is the tendering of certain Minimum Qualifying Yield (MQY) per hectare as fixed by the Central Government annually for the particular crop year. Cultivators who tender the said MQY and fulfill other conditions of the licence prescribed in the General Conditions are eligible for issue of licence.
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| Licences are issued annually for a crop year which commences from 1st October and ends on 30th September of the following year. CBN issues licences to eligible cultivators for licit cultivation in these notified tracts in October every year. The cultivators are required to tender their entire produce to the Government. For this purpose, the Central Government announces a Minimum Qualifying Yield of certain number of kilogrammes of opium per hectare. | |||
The calendar of activities relating to production of licit opium include -
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S. No. |
Activity |
Period |
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1. |
Finalization of the General Conditions for Grant of License for cultivation of Opium Poppy by the Central Government |
September-October |
| 2. | Licensing of farmers and settlement of previous seasons accounts on receipt of General Condition for Grant of License | October |
| 3. | Measurement and test measurement of licensed fields | 3rd Week of December to the end of January |
| 4. | Lancing of opium poppy bulbs for collection of opium gum | Commences generally in February |
| 5. | Checks are conducted regarding the opium produce tendered by the Cultivators | February/ March |
| 6. | Field analysis, weighment, and procurement of opium | Late March/ April |
| 7. | The collected opium is sent to the two Opium factories at Ghazipur and Neemuch for final analysis, drying and processing | Late March/ April |
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OPIUM POPPY CULTIVATION AND PROCEDURE IN INDIA
In India opium poppy cultivation is prohibited, under Section 8 of NDPS Act, 1985, except under a license issued by the Central Bureau of Narcotics under Rule 8 of NDPS Rules, 1985. At present, the licit opium poppy cultivation is permitted by the Govt. of India in Selected Tracts (see tract notification) in three traditionally opium growing States namely Madhya Pradesh, Uttar Pradesh and Rajasthan. As a signatory to the United Nations Single Convention on Narcotic Drugs, 1961 and as a licit producer of opium, India is required to adhere to the regulations under the said convention.
Licences to cultivators to cultivate opium poppy are issued in terms of General Conditions relating to grant of licence notified by the Central Government. The licence for cultivation of opium poppy is granted by the District Opium Officer on receipt of a payment of fee of Rs.25/- only. Normally, the Settlement Operation is held in the month of October-November every year.
The Distt. Opium Officer also appoints a Lambardar on such terms and conditions as have been specified by the Narcotics Commissioner, from a panel of five highest yielding cultivators in a village. A cultivator wise Joint Licence for the village is also issued to him
During the crop year 2008 (i.e. crop year 2008-09), licenses have been issued to those cultivators who had tendered an average yield of not less than 56 Kgs/hectare in MP and Rajasthan and 49 kgs/hectare in UP during the crop year 2007-08.
From the end of December of each year, the CBN officers start exercising statutory control. They measure each and every field to check excess cultivation than the licensed area. This exercise is known as Measurement and is conducted by Sub-Inspector with the help of one Sepoy. The condonable limit in respect of excess in cultivated area shall not exceed 5% of the licensed area. In this connection, the measuring officer is required to record details of the cultivators, area found excess in his field book, joint license and miniature license. The incharge of the measurement party can get excess cultivation uprooted under his supervision. No panchnama would be drawn but the incharge of the party would enter the details of the uprooted area in the joint license against the name of the concerned cultivator. In case the cultivator refuses to uproot excess cultivation, beyond the condonable limit, then a regular panchnama is drawn and details thereof mentioned in the joint license as well as individual license. In such cases measures are taken for immediate cancellation of the license of the cultivator and the whole crop uprooted under departmental supervision.
Towards the end of measurement operation a percentage of these fields is taken up for Test Measurement to detect any discrepancies.
Opium crop may suffer some damage due to natural calamity, rains, hailstorm, plant diseases, etc. Such damage occurs prior to lancing the capsules and post lancing. To give relief to those cultivators whose opium crop had been damaged due to natural calamities, they are allowed to get their unlanced damaged crop uprooted under departmental supervision. A cultivator can get his damaged crop uprooted before lancing has commenced provided the area to be uprooted is not less than 10% of the plot, subject to the minimum of one Are (100 Ares = 1 hectare). No uprooting is permitted after lancing has commenced in a particular plot. Partial uprooting is permitted but not in patches. For each partial and full uprooting panchnama are to be drawn and entry made in the joint as well as individual license.
In the month of February-March, the opium capsule is ready for lancing or extraction of opium by incision of opium capsule. The latex that oozes out of the capsule is collected by the cultivator on daily basis and the weight of such opium is recorded in a register called preliminary weighment register (PWR) maintained by the village Lambardar. CBN staff periodically checks the entries in PWR against the physical stock with the cultivator and in case of any discrepancy, action against the cultivator is taken.
In case, where excess quantity recovered is more than 3 kgs, appropriate action like seizure, arrest etc. is taken. By the end of March, the collection of opium from the plant is almost complete. The opium cultivator is required by law to produce whole opium of the land cultivated with opium poppy to the Distt. Opium Officer. At this time, CBN sets up procurement centers (also known as Weighment Centres) for the collection of this opium. The operation is known as Weighment. Weighment Centres are normally set up within the vicinity of the opium growing villages.
When the opium is tendered, two very small samples are taken for (i) Hot Air Oven testing; (ii) For testing the presence of sugar, starch & gum, etc. The Oven test method basically comprises of drawal of a very small sample from the opium produce of each cultivator and heating of the sample in an oven to evaporate the moisture.
After examination and oven testing, the opium is classified by the Distt. Opium Officer in different grades as per the consistence of opium and the class is announced publicly. The different classes of opium are indicated in the table given below. After weighing the class-wise opium of concerned cultivators, the quantity of opium tendered by the cultivator is converted into quantity at standard consistence i.e. 70ºC and 90% payment to the cultivators is made at the spot itself. The good opium is then sent to the Govt. Opium Factory where it is again tested for its consistence, quality, presence of impurities and adulterants by the chemical staff. On the basis of this final test, the final classification of opium is determined and final payment due to a cultivator is calculated. Accordingly, either the balance payment is made to the cultivator or in case of down-gradation the excess amount recovered from cultivators.
The opium is classified by the Distt. Opium Officer as per the consistence of the opium and the different class of the opium is as under-
50 grams (approx.) sample of opium is drawn from opium produce of each cultivator at Weighment Centre and after it properly sealed in his presence sent to the Govt. Opium Factory for carrying out further test in the event of any good opium container is found inferior during testing by the Factory. This helps in identifying the cultivator responsible for adulteration and punish him under the law.
Where the cultivator is dis-satisfied with the classification of opium done by the Distt. Opium Officer he may have it forwarded to the Govt. Opium Factory separately, after having it properly sealed in his presence and the presence of the concerned Lambardar.
When opium delivered by a cultivator to the Distt. Opium Officer is suspected of being adulterated with any foreign substance, it is forwarded to the Govt. Opium Factory separately after having it properly sealed in the presence of the cultivator and the concerned Lambardar.
The sealed container of opium so received in the factory is opened and sample for test is drawn thereof in the presence of the cultivator, if he so desires, to whom, a notice intimating the date and time in this behalf is sent well in advance.
Class-wise opium is mixed and dispatched to opium factory in the plastic containers of 35 kgs capacity.
The opium so procured is sent to the Government Opium
and Alkaloid Factories situated at Neemuch and Ghazipur. These factories are under the
independent control of
the Chief Controller of Factories, whose headquarters at Gwalior-New Delhi. (Click
here for the addresses and
phone numbers of their
offices and factories). A part of such opium is
converted to Alkaloids for supply to manufacturers of medicines (about 150-200 tons).
A large quantity of raw opium is however exported out of India for medicinal
purposes. The main importing countries are USA, Japan, Hungary, UK, France, Thailand.
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MINIMUM QUALIFYING YIELD
The following have been the average yields and MQYs since 1994-95 - |
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COST OF OPIUM PAID TO THE OPIUM CULTIVATORS
FOR CROP YEAR 2004-05, 2007-08, 2006-07 AND 2007-08
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The Table below indicates the number of cultivators and area licensed for licit cultivation in the past ten years -
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General Conditions for grant of licence or cultivation of opium poppy crop year 2009-10
General Conditions for grant of licence or cultivation of opium poppy crop year 2008-09
General Conditions for grant of licence or cultivation of opium poppy crop year 2007-08
General Conditions for grant of licence or cultivation of opium poppy crop year 2006-07
General Conditions for grant of licence or cultivation of opium poppy crop year 2005-06
General Conditions for grant of licence or cultivation of opium poppy crop year 2004-05
General Conditions for grant of licence or cultivation of opium poppy crop year 2003-04
General Conditions for grant of licence or cultivation of opium poppy crop year 2002-03
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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.
OFFENCE & PENALTIES UNDER NDPS ACT, 1985
SEIZURES 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.
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| Year | Opium | Heroin | Morphine | Clandestine Labs detected | |||
| No. of Cases | Qty. seized in Kgs | No. of Cases | Qty. seized in Kgs | No. of cases | Qty. seized in Kgs | ||
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1995 |
32 |
175 |
25 | 63 | 1 | - |
6 |
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1996 |
72 |
507 |
23 | 17 | 3 | 2.6 |
2 |
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1997 |
175 |
1597 |
54 | 100 | 10 | 85 |
17 |
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1998 |
116 |
621 |
53 | 103 | 7 | 5.3 |
14 |
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1999 |
41 |
182 |
23 | 32 | 4 | 7 |
1 |
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2000 |
104 |
454 |
34 | 29 | 4 | 2 |
7 |
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2001 |
102 |
626 |
65 | 57 | - | 0.002 |
8 |
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2002 |
48 |
252 |
35 | 92 | 2 | 6.25 |
3 |
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2003 |
20 |
121 |
15 | 21 | 6 | 19.3 |
4 |
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2004 |
33 |
541 |
20 | 75 | 4 | 27.7 |
7 |
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2005 |
11 |
95 |
10 | 16 | 5 | 15 |
2 |
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2006 |
31 | 246 | 28 | 25.5 | 5 | 9 | 1 |
| 2007 | 31 | 176 | 27 | 20.575 | 1 | 0.3 | 2 |
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2008 |
9 | 61.62 | 7 | 4.76 | 1 | 0.5 | - |
| 2009 | 12 | 47.28 | 3 | 2.82 | - | - | - |
DESTRUCTION OF ILLICIT CULTIVATION OF OPIUM CROP
| Year | Area in hectares |
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1997 |
29 |
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1998 |
96 |
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1999 |
248 |
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2000 |
153 |
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2001 |
9 |
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2002 |
219 |
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2003 |
-- |
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2004 |
-- |
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2005 |
-- |
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2006 |
-- |
| 2007 | 7753 * |
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2008 |
597 |
| 2009 | 1449 |
*Illicit poppy crop destroyed in joint operations with State Police and other enforcement agencies.
REWARDS -
| For grant of Rewards to informers and government servant, Government of India, Ministry of Finance, Department of Revenue issued a revised policy, procedure, guideline vide F. No. 13011/6/2001-Cus(AS) dated 28.08.2005 |
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Sl. No. |
Commodity |
Range of illicit prices indicted |
Rate of maximum reward @ 20% of illicit prices |
Prescribed purity |
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(1) |
(2) |
3(a) |
3(b) |
(4) |
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1. |
Gold |
- |
Rs.500/- per 10 grams |
999.5 mille or more |
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2. |
Silver |
- |
Rs.1,000/- per kg. |
99% or more |
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3 |
Opium |
Rs. 1,100/ Rs.2,000/- |
Rs.220/- per kg. |
Standard opium |
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4. |
Morphine base and its salts |
Rs. 40,000/- Rs.50,000/- |
Rs.8,000/- per kg. |
90% or more of anhydrous morphine |
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5. |
Heroin and its salts |
Rs.1,00,000/- Rs.3,00,000/- |
Rs. 20,000/- |
90% or more diacetyl morphine |
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6. |
Cocaine and its salts |
Rs.2,00,000/- Rs. 6,00.000/- |
Rs.40,000/- per kg. |
90% or more of anhydrous cocaine |
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7. |
Hashish |
Rs.2,000/- 3,500/- |
Rs.400/- per kg. |
With THC content of 4% or more |
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8. |
Hashish oil |
Rs.10,000/- 17,500/- |
Rs.2,000/- per kg. |
With THC content of 20% or more |
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9. |
Ganja |
Rs. 400/- Rs. 500/- |
Rs. 80/- per kg. |
should be commercially acceptable as Ganja |
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10. |
Mandrax Tablets |
- |
Rs. 500/- per kgs. |
Presence of Methaqualone
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* Rewards shall be reduced pro-rata if the purity is less than the one prescribed above. |
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