NDPS Saliet Featyres

CUSTOMS PREVENTIVE MANUAL (CENTRAL) VOLUME II (INTELLIGENECE)
CHAPTER – TWELVE
NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCES
INTRODUCTION
Since the dawn of history, mankind has been pre-occupied. With the discovery, acquisition and
use of substances – First natural and later man-made – believed to be capable of having a positive
influence on mood, behavior and health. The most ancient of these substances are opium from the poppy
plant; cocaine from the leaf of the coca bush; and cannabis from the hemp plant. Along with the growth of
interest and experience in the application of these substances to cure disease and to obtain pleasurable
sensations, means were found to restrict their use to avoid their sometimes negative and toxic effects,
while at the same time, maintaining the desired beneficial actions.
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Till the end of the 19 century, it was possible to keep the use of these mood-altering substances
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within acceptable limits in most geographical areas and cultural settings. With the development of
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chemical technology, it became possible to synthesis quantities of morphine and its derivatives as well as
an increasing number of the alkaloids. The spread of drugs was made easier by the rapid expansion of
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communications, transport and international trade which reduced geographical distances and eliminated
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many natural barriers between countries. A negative result of this development was that drug abuse
began to spread until it became a matter of increasing concern all over the World. The evident
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relationship between the drug intake on the one hand and family and social disruption; crime and
personal and public health problems on the other hand, also contributed to the growing convictions that
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international and governmental controls were necessary. Thus, in the 21 century, society has become
increasingly concerned with the question of drugs, their actions end effects and their rational use. The
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spectacular increase in medical materials in general and in the use of synthetic psycho-active drugs in
particular has been the main contributing factor in this situation.
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( A ) NARCOTIC DRUGS
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The word “NARCOTICS” is a Greek term, which means ‘to deaden’ or ‘benumb’. The main effect
of narcotics is to reduce or kill pain. The intake benumbs the senses, thereby make pain or fear of it, less
acute and induce sleep.
Defined medically, “Narcotics” are drugs that produce insensibility or stupor because of their
depressant effects on the Central Nervous system (CNS). Included in this category are the opium and its
derivatives, synthetic opiates like mepridine and methadone.
Pharmacologically, narcotics are drugs that act in the same manner as the morphine. Since
morphine is the most important ingredient of opium, these drugs are known as “opioids”.
Drugs belonging to these three categories are studied under three broad categories. (1) narcotics
of natural origin, (2) semi-synthetic narcotics and (3) synthetic narcotics.
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NARCOTIC ANALGESICS
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Natural Semi-Synthetic Synthetic
Poppy plant Morphine
Opium Heroin _____________________
Mepridine Methadone
Pethidine
Morphine Paragoric Codeine Brown Sugar

(Impure Heroin)
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Poppy Plant
Poppy plant grows to about 1 metre in height. Its leaves are oblong and its flowers are while,
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purple or red in colour. Several days after the poppy’s petals fall, a greenish pod, a couple of inches long
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and about 2 inches wide, is formed. While it is still unripe, incisions are made on the pod. The milky juice
which exudes from the cut, coagulates on exposure to air. The product so obtained is called opium.
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Opium appears as dark brown chunk of a material of flattened mass grey brown in colour, malleable in
the fresh state but becomes battle when it is old. It is bitter in taste and narcotic in physiological action.
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Powdered opium is light brown in colour when made from crude material.
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Chemical tests for opium

The main constituents of opium are Codeine, thehaine, narcotine, papeveerine, porphyroxine and
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meconic acid.
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Morphine
Morphine is a white crystalline alkaloid, slightly soluble in water, ether and alcohol. Its source is
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opium and it tastes bitter. It is administered in salts of morphine sulphate, morphine hydrochloride,
morphine acetate and morphine tartarate. Morphine sulphate is the most common preparation.
Codeine
It is a methyl compound of morphine and is present in opium in a small quantity varying from 0.2
to 0.8 percent. It is colourless and is in the form of white crystal or powder. It is slightly soluble in water
but soluble in ether or chloroform. It is a habit forming drug.
Semi-synthetic
In this category are included morphine, heroin and brown sugar. Morphine is also included in the
category of opium derivatives. Heroin (Diacetyl-morphine) is popularly known as smak, scag, brown sugar
or hard stuff. It is the hydrochloride of an alkaloid base obtained by there action of acetic anhydride with
morphine. It is a white, colourless crystalline powder having a bitter taste. The general physiological
action of diacetyl morphine is much like that of morphine except that the potency of heroin is five times
more than the morphine. It is a highly analgesic drug and is preferred by the hard addicts on account of
its potency.
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Brown sugar
Its street name is smack. It is prepared by combining heroin with adulterants like rat poison
chalk, cleaning powder etc. Its physical appearance is in the form of powder having a high brown or dark
brown in colour.
Synthetic Drugs
Synthetic drugs are those drugs which are formed by chemical reaction in a laboratory as
compared to those of natural origin. The classical examples of these drugs are mepridine and
methadone etc.
( B ) PSYCHOTROPIC DRUGS & SUBSTANCES

The expression “psychotropic” is composed of two separate words ‘psychosis’ and `tropic.’
Psychosis means a mental a mental or personality disorder sufficiently severe to disrupt the individual’s
personal and social life and normally demanding special treatment and hospitalization. Tropic means
pertaining to or characteristics of or, occurring in the tropics, that is; the regions falling between the
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corresponding parallels of latitude on the terresterial globe, one: tropic of cancer about 23 ½ N and the
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other, tropic of capricorn, about 23 ½ S of the equator being the boundary of torrid zone. These drugs
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usually occur in nature in the Torrid Zone.
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Psychotropic substances mean drugs that have a short term effects on the nervous system,
particularly that change the levels of consciousness and/or variations of mood without general stimulation
or depression of the Central Nervous System (CNS).
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Schedule I of the Narcotic Drugs and Psychotropic Substances Rules, 1985 contains a list of 53
drugs whose import into and export from India is prohibited (vide Rule 53) and their manufacture,
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possession, transport, import inter-State and export inter-State, sale, purchase, consumption or use are
prohibited vide Rule 64 of the N.D.P.S. Rules (Central).
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Schedule II of the Rules contains a list of 24 drugs which shall not be imported into India without
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an Import Certificate (in respect of the consignment) issued by the Issuing Authority, in Form No. 4
appended to these rules. Their transit through India is also not allowed unless such consignment is
accompanied by a valid Export Authorisation in this behalf issued by the Government of the exporting
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country (Vide Rule 57). Similarly they cannot be exported out of India without an export authorisation in
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respect of the consignment issued by the Issuing Authority in Form No. 5 appended to these rules (Rule
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58).
Schedule III of the N.D.P.S. Rules contains a list of seven drugs of psychotropic substances
which may be exported out of India after the exporter files the original and duplicate copies of the
declaration in Form 6 to the Narcotics Commissioner. Full details regarding the procedure is given in Rule
58(3) of the Rule.
Canabis Hemp
The hemp drugs commonly used in India, are all derived from the plant cannabis sativa or
cannabis indica which grows all over the country. Bhang, Sidhi, Sabji or pahariya, all are the dried leaves
and small stalks; ganja is the flowering twig, charas is the resin exudate obtained from the cannabis plant
(branches and leaves) and majoon is a form of sweet meat containting a quantity of Bhang.
Constituents of Canabis
Cannabis has four main constituents. They are :
1. Cannabinol
2. Cannabidiol
3. Cannabidiolic Acid and
4. Tetra-hydro cannabinol
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Out of these, tetra-hydro cannabinol is mainly responsible for the physiological properties. Tetra-
hydro Cannabinol is an oily liquid from which two main isomers may be crystallised.
Marjuna
It is a drug that comes from the Indian hemp plant (cannabis sativa). The plant grown very wild in
diverse conditions. There are both male and female plants. Marjuna is the mixture of ground leaves,
stems and the seeds of the female plant. The ingredients are crushed and chopped. It can be smoked in
a pipe or rolled into a cigarette. At times it is mixed with tobacco. It has a sweet odour while smoking
otherwise it smells like burnt rope.
Hashish
This also comes from the hemp plant and is prepared from the flowering tops. When the cannabis
plant is ripe, a sticky yellow resin covers the flowering tops and some of the leaves close to it. The resin
contains the ingredients that causes the intoxicating effect. On account of presence of resin in greater
concentration in Hashish, it is stronger than marjuna.
Ganja
Ganja are the dried flowering tops of the female plants matted together with resin. It is smoked
along with tobacco like charas which is the crude resin extracted from the flowering heads by rubbing
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these in hands and scraping off the resin left adherent to the palms.
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Marihuana
American hemp (cannabis Americana) is known as marihuana. It produces symptoms similar to
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the hemp plant of India. The only difference is in effect as compared to that of the Indian product. Its
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preparation is known as muggles and is smoked in Mexico and U.S.A.
Cocaine
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Cocaine is derived; from the leaves of Erythroxylon coca which is a native of South America.
Cocaine is the methyl benzoyl ester of ecgonine, a base similar to topine and, therefore, saponifies
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readily. The official preparation of cocaine is cocaine-hydrochloride which occurs in the form of
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colourless to while crystal or as a quantity of white powder. Although, it is soluble in water but dissolves
readily in organic solvents as well. Solution to water is alkaline to litmus. It is insoluble in ether.
Cocaine hydrochloride is used therapeutically as a local anaesthesia. It is believed to be an
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antifatigue agent and produces hallucinations.

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Controlled Substances :
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Controlled substances may not necessarily be narcotic drugs or psychotropic substances but may
altogether form a different category, for instance, those used in the manufacture of heroin. Acaetic
Anhydride is one such chemical which is used in the manufacture of heroin.
Acetic Anhydride is an important industrial Chemical which has been notified as an essential
commodity under Section 3 of the Essential Commodity Act, 1955. In order to prevent this substance from
being diversified to the illicit manufacture of heroin, it could be most appropriate to cover this substance
as controlled substance under the N.D.P.S. Act.
INDIAN SITUATION – VULNERABILITY (BORDER-WISE)

Geographically, India is sandwiched between two major sources of illicit drugs in the world – the
Golden Triangle (comprising of Myanmar, Thailand and Cambodia) and the Golden Crescent (comprising
of Pakistan, Afghanistan and Iran) – and, accordingly, it conveniently became a transit country for
movement of these drugs to destinations in the West Nepal, which is situated on the Northern borders of
the country, has been and continue to be the major source of cannabis herbal and, to some extent, of
cannabis resin. Thus, over the years, India has become highly vulnerable to transit of drugs and this is
reflected in the seizures effected in India is adversely affected consuming countries in the West. In order
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of vulnerability, India is adversely affected as a victim country by the drugs coming from the Golden
Crescent area, Nepal and the Golden Triangle area. India has land borders with Pakistan from where the
traffickers have easy access into the States of Jammu & Kashmir, Punjab, Rajasthan and Gujarat; to the
States of U.P. and Bihar on the Indo-Nepal border and to the States of Arunachal Pradesh, Nagaland,
Manipur and Mizoram on the Indo-Myanmar border. To understand the situation in its totality, it would be
necessary to discuss each of these borders separately in detail.
Indo-Pak border: Ever since the emergence of the Golden Crescent as a major source of illicit opiates
and cannabis resin over five years ago, the entire Indo-Pak land border has become extremely vulnerable
for in-smuggling of drugs from Pakistan. The State of Jammu & Kashmir, by its proximity to opiate
sources in Pakistan, is as much vulnerable to trafficking in drugs as any other State bordering Pakistan.
Jammu border is the nearest from the North West Frontier Province where most of the illicit opium is
grown and converted into Heroin. The Kabul-Lahore highway runs fairly close to Jammu before reaching
Lahore, which is opposite to Amritsar in Punjab. Though not many seizures on the Indian side in Jammu
& Kashmir have been reported. Yet most of the major seizures on the Pakistani side take place in areas
bordering Jammu. With security being tightened on the Punjab border, there are reports of diversified
routes being used by traffickers from the areas of Sialkot to Jammu.
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The Indo-Pak border in the State of Punjab was, till about some years ago, the most vulnerable
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areas for smuggling or drugs like opium, heroin and hashish into India. The security measures taken on
the border have resulted in almost total stoppage of trafficking in opium and substantially reduced
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smuggling of heroin and hashish. The plain land, well connected by road and rail routes on both sides
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facilitated the trafficking. It was easy for the traffickers to manoeuvre their operations in the plains of
Punjab than the hilly terrain of Jammu & Kashmir and the desert in Rajasthan. Also, syndicates indulging
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in smuggling of other goods like gold, silver, textiles etc. were already active on the Indo-Pak border in
the State of Punjab and these very gangs took up trafficking in drugs too. Intelligence reports indicate that
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contraband gold is smuggled from Dubai to Karachi and the same is brought to Lahore, and from the
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Lahore sector along with the drugs like heroin end agricultural fields right upto the border on either side
and it is easy to transfer drugs and contraband from one side to the other. Both drugs and gold reach
Delhi while gold enters the stream of trade in Delhi, bulk of heroin and hashish is smuggled out through
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passenger and through cargo. Due to tightening of security on the borders, there is some diversification of
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routes to the adjacent State of Rajasthan. The tour sectors of Sriganganagar, Bikaner, Jaisalmer and
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Barmer are the most vulnerable sectors for trafficking of drugs into India from Pakistan. Mostly, when the
drugs are meant for northern India or Delhi, routes through Sriganganagar and Bikaner are preferred by
traffickers whereas if, the drugs are meant for Western India and Bombay, they are trafficked through
Jaisalmer and Barmer sectors.
Large quantities of heroin and hashish is smuggled into India through camel backs in the
Jaisalmer and Barmer sectors and, after crossing the border, the same is buried and kept under sand.
One of the persons crossing the border gets in touch with the person responsible on the Indian side of the
border either at Jaisalmer or Barmer and they proceed in the night in Vehicles to the points where the
drugs are concealed and, after loading the same, bring them on to the National highway connecting
Delhi-Bombay. The drugs are concealed under trade goods in trucks and they are transported to Bombay
for onward Export. Intelligence available also indicates that hashish smuggled into India through the Indo-
Pak border in Rajasthan is taken by trucks to Tuticorin via Bombay where it is loaded in country crafts.
Australian yatches and boats meet them off the Tuticorin coast where they are transhipped for onward
movement to Australia. On the Pakistani side, the Lahore-Hyderabad highway and the railway line run
parallel to the Indian border. There are well-connected road and rail facilities adjacent to the border on
either side. This border came into prominence some years ago.
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The entire land border between Gujarat and Pakistan is marshy, known as the Rann of Kutch.
Though stray cases of trafficking of drugs through the Rann of Kutch have been reported in the past, yet
the area is not very conducive for this activity. Small country boats called “Hodas” are used for transport
of drugs from Karachi to the Kori-creek on the coast of Gujarat. Though stray cases of trafficking have
been noticed in the past few years, yet the data available is rather erratic to suggest any trends.
Indo-Nepal border: Nepal has a wild growth of cannabis plants in the foot-hills adjacent to the Indian
Terai region. Cultivation of cannabis is also undertaken by the by the poor villagers to supplement their
earnings. The Indo-Nepal border touches the Indian States of U.P., Bihar, West Bengal and Sikkim. Till a
few years ago, some North Indian States allowed cultivation of cannabis for production of ‘bhang’.
However, presently only Orissa and Madhya Pradesh are legally cultivating cannabis for medical and
research purposes. The cultivation is done on very small patches of land. Consumption of cannabis
herbal (Ganja) has been popular in many North Indian States, including U.P. and Bihar since times
immemorial. The progressive reduction in the cultivation of cannabis in India came as a boon to the
traffickers operating on both sides of the Indo-Nepal border. Ganja is smuggled into India by trucks and
on head-loads from Nepal. Since ganja does not form any significant part of the drugs exported out of
India the entire quantity of ganja that is smuggled into India from Nepal is meant for captive consumption.
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Small quantities of heroin of Thai/Myanmar origin is also trafficked from Nepal into India.
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Nearly 80% of the land border with Nepal is in the State of U.P. However, trafficking of ganja is
mostly done through the State of Bihar. The U.P. border accounts for only small quantities of ganja and
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charas. Bihar border is very adversely effected where besides trafficking of ganja on head-loads, both rail
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and road routes are used very extensively for transportation of the drug. There are well-stacked storage
places adjacent to the border on the Nepalese side. Since there are no passport and visa restrictions on
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movement of persons between India and Nepal, it becomes, all the more convenient for traffickers to
move drugs across the border without any hindrance. The check-posts manned by police and the
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Customs are far and off and cannot patrol the entire length of the border. Cris-cross of different routes is
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adopted to transport drugs from the border to the consuming centres. The Nepalese border with West
Bengal is confined to the Darjeeling sector. The terrain being hilly and difficult, trafficking in drugs is rather
insignificant. Also, there are no reports of trafficking of drugs into the State of Sikkim from Nepal so far.
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Indo-Myanmar border: India’s north-rest comprises of many small States which include the border
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States of Arunachal Pradesh, Nagaland, Manipur and Mizoram. There are frequent reports of smuggling
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of Myanmar refined heroin from this border into India, especially through the Indian State of Manipur from
the border town of Moreh. The earlier reports indicated that heroin of Golden Triangle origin was brought
into India from Tamu in Myanmar to Imphal via Moreh. However, recent reports indicate that laboratories
have been set up on the Myanmar side near the Indian border for manufacture of heroin with the aid of
acetic anhydride, which is smuggled out, from India. Reports also indicate that large quantities of heroin
smuggled through this border also find their way into Nepal. However, seizures so far effected and
reported only show insignificant quantities of heroin coming into India. A local factor which creates very
congenial atmosphere for trafficking of drugs is that tribal inhabitants on either side of the international
border can move around freely within a belt of 40 Kms on the Indian side and 16 Kms on Myanmar side
of the border for barter trade in terms of daily necessity without any restrictions of passport and visa.
Intelligence available indicates that at least 80,000 to 1,00,000 hectares is under illicit cultivation of opium
in Myanmar with – potential of 800 to 1000 M.Ts of opium. 17 of these refineries being in Myanmar along
the Thai-Myanmar border, with further five on the Combodia side on the Thai-Myanmar border. Apart from
these major static laboratories, it is estimated that there are further 60 smaller mobile labs working and
roughly half of them are controlled by the so-called Shan United Army in Myanmar. The control of
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cultivation of opium in Myanmar is mostly in the hands of the Myanmar Communist Party and the refining
is in the hands of the insurgent groups.
Intelligence received also indicates that acetic anhydride, a precursor, is smuggled across the
Indo-Myanmar border in jerry cans of 5 gallons each and these jerry-cans are tied to floating rafts, which
travel along the Chinduin River till they reach Mandalay. Further, a 100 Kms belt on the Indian side of the
Indo-Myanmar border was declared as a specified area in which the movement of acetic anhydride has
been banned under the Customs Act 1962 unless certain conditions are fulfilled.
A new trend, which has come to notice, is that large quantities of ganja seized in Assam have
been shown to have originated from Bhutan. If Bhutan takes on the role of another Nepal for illicit export
of ganja to India, we will have a serious problem of trafficking in ganja from Bhutan into the States of
Assam, Sikkim and West Bengal in the near future.
STRATEGIES FOR COMBATING SUPPLY OF DRUGS

The Government of India, being quite concerned with the development relating to drug
trafficking and drug abuse, took stern legal, administrative and preventive measures to contain the
problem. As the first step, the Narcotic Drugs and Psychotropic Substances Act 1985, has been enacted
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and enforced from Nov. 14, 1985. The new enactment provides for stringent punishments for trafficking,
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possession and consumption offences. For trafficking, the law provides a mandatory punishment of a
minimum period of 10 years imprisonment extendable to 20 year. For the first offence, combined with a
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minimum mandatory fine Rs.1 lakh extendible to Rs.2 lakh. In the case of repeat offence, the law
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provides for a minimum mandatory punishment of 15 years imprisonment, which may extend to 30 years
along with a minimum mandatory fine of Rs.1.5 lakhs extendible to Rs.3 lakhs. Death penalty is imposed
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for certain offences committed after previous conviction under Section 15 to 25 and 27 (A) of the Act. The
law makes the offence cognizable been empowered to investigate the offences relating to drug trafficking
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with the result that almost every part of the country is covered by one or the other enforcement agency.
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To co-ordinate the activities of the various enforcement agencies involved in anti-drug trafficking, a
Central authority called the Narcotics Control Bureau, with a wide charter of functions, has been set up.
The major Functions of the Bureau are:
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(1) Co-ordination of all enforcement actions by the various Central and State authorities:
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(2) Implementation of obligations in respect of counter-measures against illicit trafficking under

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the international conventions, protocols and treaties to which India is a signatory;

(3) Assistance to concerned authorities in foreign countries and international organisations with
a view to facilitating co-ordination of universal action for prevention and suppression of illicit
traffic in narcotic drugs and psychotropic substances; and
(4) Co-ordination of action taken by the Ministries of Health and Family Welfare and other
concerned Ministries, Departments and Organisations in respect of matters relating to de-
toxification, treatment and rehabilitation of drug abusers.
The strategy of empowering a number of Central and State agencies under the Act has achieved
the desired results in the form of prize catches, some of them among the world’s largest seizures.
Steps Taken At The Exit Points
The two most important exit points for drugs in India are Mumbai and Delhi. The Delhi airport is
frequently used by drug traffickers to carry drugs to the western consuming countries either on person or
in accompanied baggage. The common modus operandi has been to conceal drugs in false sides and
bottoms of suitcases, concealment in shoes concealment in wearing apparel and also concealment
internally by way or swallowing and stuffing. Though not many cases of drugs concerned in cargo
consignment from Delhi have been intercepted at this end, yet a few cases of such movement of drugs
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have been reported from the destination countries where the interceptions were effected. At Mumbai,
both the airport and the seaport are frequently use by trafficking syndicates for taking drugs out of the
country. Another peculiar modus operandi which has come to notice is that consignments coming from
cities in the interior like Bangalore, Jaipur etc. to Mumbai for Export are substituted with drugs prior to
shipment but after Customs clearance. Passenger traffic continues to be one of the major carriers of
drugs both on person and in many cases concealed internally and also concealment in accompanied
baggage. The seaport at Mumbai has also come to adverse notice for trafficking of drugs mainly through
container traffic. Apart from concealment of large quantities of drugs in items like chilly powder, boric
powder and pickle consignment, it has been the experience that large quantities of drugs are attempted to
be exported in bales of textiles. The drug that finds favour for transportation by sea is mostly hashish.
Most of the big consignments of hashish are destined for Amsterdam, Rotterdam. From there these are
further reported to move to Frankfurt by road. As far as passenger traffic through the airport is concerned,
it has come to notice that certain ethnic groups frequently indulge in carriage of drugs. The largest ethnic
group involved in this nefarious trade is Nigerian nationals, who mostly carry drugs internally. Other
African nationals like those of Ghana, Kenya, Zambia etc. are also frequently coming to notice. Initially,
the Nigerians were using the direct routes from Delhi and Mumbai to Lagos from where the drugs used to
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find way into Europe and North America. However, Of late, to avoid suspicion, these African groups have
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started routing their journey through East European countries. They sometimes travel to places like
Zurich, Barcelona and Madrid in Europe and from there they either proceed to Lagos or take direct flights
to destinations in North America.
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LICIT CULTIVATION OF OPIUM
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India is the only country where cultivation of opium poppy for extraction of opium directly from the
plant is in existence. In other countries where opium poppy is legally grown, the extraction of morphine is
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done from the poppy straw. India has evolved a time-tested licensing control over the cultivators of poppy
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which has been appreciated by the International Narcotics Control Board in its annual reports. Right from
the time of registration of a plot of land for opium cultivation, there exists a rigorous control over the
various stages or cultivation till the final product of opium is extracted and surrendered to the Govt. on
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whose behalf the opium is licensed to be grown. While extremely small quantities of the extracted opium
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may find way into the illicit market, these quantities as a percentage of the opium produced and
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surrendered to the Govt. is almost negligible. During the past ten years, India’s stock-pile of opium which
is held with the two Govt. opium factories at Neemuch and Ghazipur has been increasing due to poor off-
take by the importing countries.
INTERNATIONAL CO-OPERATION
India realises that the flight against drug trafficking, which recognises no barrier, has to be fought
at the national and international levels. A solution to this problem can be found only with the co-operation
of the concerned countries. Similarly, there also exist arrangements between India and United States
through a Working Group on Narcotics for exchange of information on drug-related matters and also for
extending bilateral arrangements with Sri Lanka and Nepal to discuss matters relating to smuggling which
also include discussions on drug trafficking. At the regional level, India discusses drug with its neighbours
through the auspices of the SAARC. Also, India is a Member of the ESCAP Regional Plan wherein 15
countries of South-East Asia regularly exchange information on monthly basis. The ESCAP Plan was
organised by the Customs Co-operation Council and started operating from Jan. 1987. At the
international level, India is a signatory to the U. N. Convention on Narcotic Drugs of 1961 and the 1971
Convention on Psychotropic Substances. It is also a useful and active Member of the INTERPOL.
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India has also established close liaison with many of the countries by permitting them to post
their Drug Liaison Officer, in India. These include officers of Drug Enforcement Administration of USA, H.
M. Customs of UK, RCMP of Canada and an officer from the Federal Republic of Germany. There is
fruitful exchange of intelligence to the mutual seizures have been effected by various agencies around the
World in places like Amsterdam, New York, Boston, Rome, Lagos and Tokyo. India has also been
providing to the international agencies like the I.N.C.B., INTERPOL, Colombo Plan Bureau, C.C.C., and
U. N. Division on Narcotic Drugs, etc. with the latest development with regard to drugs in India and the
effort made by the country to prevent trafficking in drugs.
LINKAGES BETWEEN NARCOTICS AND TERRORISM IN INDIA

Narco-terrorism is a recent development and refers to an unholy alliance between two of the most
destructive forces afflicting modern society – namely drug trafficking and terrorist activities both generally
engineered from across the Western border. India’s strategic location at the cross-road of traffic from the
two largest source regions of illegal production of opium and heroin namely, the Golden Crescent: and
Golden Triangle makes us an inevitable target of traffickers. Also there are reliable reports which indicate
the involvement of foreign-based drug traffickers in master-minding terrorist and other disruptive activities
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in the country. The money generated by drug trafficking is used to fund the terrorist activities. The certain
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seizure cases recently detected on Indo Pak border (Rajasthan, Gujarat and Punjab sectors), both illegal
drugs and arms have figured. In North-Eastern states, there are reports of linkages between insurgent
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movement and narcotics smuggling. Links between the, traffickers and the LTTE and other insurgent
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movements are suspected.
The Department of Revenue, Ministry of Finance, in close consultation with the Ministry of
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Welfare and Ministry of Family Welfare, Development a National Master Plan (NMP) for Drug Abuse
Control for the 7 year period (1994-2000) with UNDCP subject. A Inter-Ministerial Task Force for
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preparing the NMP was constituted by a Government order dated 27.5.1993. A team of consultants led by
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a former Director General, NCB with a small Secretariat funded by the UNDCP prepared the Master Plan
and circulated it to all participating Ministries /State for appropriate action.
Steps to implement this National, Master Plan have been initiated and these include-the area like
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legal amendments, establishment of Special Courts, training of personnel and the necessary strategies
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on Demand Reduction.
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THE NARCOTIC CONTROL BUREAU AND DRUG ENFORCEMENT

The Narcotics Control Bureau was created by a notification dated 17.3.1986 under Section 3 (4)
of the Narcotic Drugs & Psychotropic Substances Act, 1985, to discharge the responsibilities of the
Department of Revenue for the administration of that Act.
The responsibilities include:
(a) Processing of policy inputs for the Government.
(b) Formulation of rules, notifications and executive instructions.
(c) Nodal co-ordination with other Ministries and State Governments in all matters connected
with preventive and public health aspects of drug abuse control.
(d) Detection, investigation and prosecution of drugs offences, particularly those having
international and inter-State ramifications.
(e) Nodal co-ordination with various other Central and state Government agencies, such as
Customs and Central Excise, Police, Drug Control etc. similarly engaged in investigation and
prosecution.
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(f) Liaison and co-ordination with U. N. and all international agencies, and also with friendly
foreign countries in all matters relating to eradication of illicit traffic and drug abuse.
(g) Discharging of obligations imposed by U. N. and regional conventions and bilateral
agreements on the subject.
(h) Utilisation of financial aid from the UNFDAC by the proper implementation of the approved
programmes on drug abuse control.
The Narcotics Control Bureau was set up towards the end of 1986 with a Headquarters, five
zonal Offices at Mumbai. Calcutta, Delhi, Madras and Varanasi. The 6th zonal Office at Jodhpur and two
Regional Offices at Imphal & Cochin has since been created.
The policy is also determined by India’s international obligations flowing from:
(a) The U. N. Convention on Narcotic Drugs, 1961 as amended by the 1972 protocol;
(b) The U. N. Convention on Psychotropic Substances, 1971
(c) The U. N. Convention on illicit traffic, December, 1988.
India has ratified all the above three Conventions.
The Indian legislation on the subject consists of the following statues, namely;
a) The Narcotics Drugs and psychotropic substances Act, 1985, amended in 1989; and
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b) The Prevention of Illicit Trafficking in Narcotic Drugs and psychotropic Substances Act’, 1988,
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and ,
c) The Drugs and Cosmetics Act 1940 (as amended from time to time).
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The Indian Constitution divides the legislative and executive responsibilities on different aspects
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of drug control and drug administration between the Union and the States. But Article 253 of the
Constitution empowers the Union Legislature to make a law for the whole or part of the territory of India
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for implementing any treaty, agreement or convention with any other country or countries, or any decision
made at any international conference, association or other bodies. The Union Government can also give
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executive directions to the States on the subject. Thus a centralised and uniform legal framework for drug
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enforcement has been possible in spite of division of responsibility and multiplicity of organisations
involved in the task.
The strategy adopted for drug abuse control is six fold, and in conformity with the U. N. General
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Assembly resolutions on the Subject. This incorporates:

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a) Improvement of drug system to provide for medical use and prevent abuse;
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b) Achievement of balance between demand and supply of drugs for legitimate purposes;
c) Eradication of, supplies from illicit sources;
d) Reduction of illicit drug traffic;
e) Reduction of demand for illicit drugs and prevention of inappropriate or illicit use of licit drugs;
f) Treatment, rehabilitation, and social re-integration of drug abusers.
INFRASTRACTURE FOR IMPLEMENTATION :

In India’s large and diverse federal polity of 25 States and 7 Union Territories, the implementation
of the above comprehensive programme has been organised through a varied and multi-dimensional
infrastructure. The functions and responsibilities can be divided in three broad groups:
a) Measures for control and regulation through licensing for medicinal and scientific uses,
b) Measures for enforcement of all prohibitions and for bringing to book all contravention;
c) Measures for preventive education, reduction of demand and treatment for de-addiction
and rehabilitation and social re-integration of drug abusers.
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The Department of Revenue in the Ministry of Finance is the nodal agency at the apex, and is
responsible for responsible for co-ordination and for the overall administration of two of the main
enactment. The department exercises its :
a) Functions for co-ordination and overall administration of the laws through the Directorate
General, Narcotics Control Bureau.
b) Enforcement powers through the Director General, Narcotics Control Bureau (with field
formations), the Central Board of Excise and Customs and the Commissionerates and
subordinate formations thereunder covering the entire country, the Directorate of
Revenue Intelligence and Zonal Offices thereof, and several other executive
organisations; and
c) Licensing powers through a Narcotics Commissioner with an extensive field organisation;
Licensing powers for preparation manufactures and wholesale and retail distribution of narcotic
drugs has been conferred on the Excise Commissioners of the states and Union Territories. Drug
Controllers of States and Union Territories exercise similar powers in respect of permissible categories of
psychotropic substances. All these licensing organisations have monitoring functions, and also executive
powers for enforcement, detection, investigation and prosecution of all contravention. Besides, drug
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offences having been recognised as heinous crimes, with causal connections with many other forms of
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crimes, a major share of responsibility for enforcement has been taken up by the police forces under the
States, Union Territories as well as the Union Ministry of Home Affairs. This Ministry being in overall
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charge of Union-States relations and internal security, plays a very vital role in the co-ordination of
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enforcement efforts through out the country.
The Union Ministry of Welfare and the corresponding departments of the States and Union
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Territories formulate, promote, guide and control all measures for preventive education, counseling,
rehabilitation, social re-integration etc. in order to reduce demand and prevent illicit consumption of drugs.
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The Ministry and the State Departments of Health are responsible for institutionalised treatment in
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hospitals.
THREATS AND DIFFICULTIES:

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Instances of illicit cultivation of opium and cannabis come to notice from time to time, and make-
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shift laboratories for manufacture of heroin have also been detected in the country. There are also an
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estimated number of about one million addicts, majority of whom are dependent on raw opium and
cannabis, which have been the traditional drugs of abuse in the rural areas. Addiction of Heroin, Hashish
and some psychotropic substances are mainly confined in metropolitan cities and industrial areas, and
the supplies to them mostly come from across the borders, from the spillover of the substantial
international drug from traffic from the Golden Crescent area in particular, for which India has become the
main transit route because of geographical location and its long porous land borders with that source
area. In fact, the volume of indigenous illicit production and its evil potential for spreading addiction in the
country are quite confinable, and they do not pose a major threat. It is the spillover of international traffic
mainly from the Golden Crescent at present and to a less but with potentials to grow to a larger extent,
from the Golden Triangle, that threatens India’s social defence and international obligations.
INSTRUCTIONS FOR CUSTOMS & PARAMILITARY ORGANISATIONS

The Narcotics Control Bureau is handling the work relating to co-ordination of anti-
smuggling/trafficking work. The Bureau is also to keep the international agencies posted with the details
of seizures effected, trends of smuggling, modus operandi etc. The Zonal Units of the Bureau also require
complete details of the cases detected in their jurisdictions to achieve better co-ordination and co-
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operation. In view of this all the enforcement authorities are requested to send copies of Form-F (seizure
report), in respect of all narcotic drugs and psychotropic substances seizures to: -
1) The Deputy Director,
Narcotics Control Bureau,
R. K. Puram, West Block – I,
Wing – 5, 2nd floor,
New Delhi.
2) The Deputy Director,
Narcotics Control Bureau, having jurisdiction over the State in which the seizure is made.
2. This procedure may be followed for all cases detected. “Form F” in respect of all cases from this
date may be arranged to be sent to sent Narcotics Control Bureau immediately. Seizure report in “Form
F” need not sent in respect of seizures involving equal quantity of drugs, as below:
Name of the Drug Quantity seized
Opium Below 1 kg
Ganja Below 5 kgs
Hashish Below 500 gms.
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Morphine Below 20 gms.
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Heroin Below 10 gms.
Psychotropic Value less than
substances
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Rs.1,000/-
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However, these seizures may be included in the Monthly Seizure Report.
3. In addition, in major cases, a telex message may be sent, briefly indicating place of seizure, date
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of seizure, type of drug and quantity seized, person arrested, Passport Number, date, place of
issue and address, and short summery of the circumstances. Telex messages may be sent to
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Deputy Director, Narcotics Control Bureau, New Delhi.

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4. In respect of the foreigners arrested in India, Telexes may be invariably sent so that the Bureau
can keep the respective countries/Interpol/CCC etc. informed of the fact.
5. For statistical purposes, at the end of each month, a consolidated statement be prepared and
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sent to the Bureau Hqrs. as also the concerned Zonal Units.

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SAARC WORKSHOP ON NETWORKING ARRANGEMENT AMONG APEX NATIONAL

INSTITUTIONAL LAW ENFORCEMENT AGENCIES AND NGO'S WITH REGARD TO SUPPLY
CONTROL, DEMAND REDUCTION
SAARC drug Offence Monitoring Desk ( SDOMD ) is an apex organisation based at Colombo,
Sri Lanka, and works under the Rules and Regulations framed by the member SAARC countries.
The drug trafficking cases effected in India involving any persons from another SAARC country
and having international ramifications are to be reported to the SDOMD within 24 hours and not later
than 72 hours. The details of the case are to be reported in two forms viz. INITIAL REPORT FORM –
SAARC I. R. FORM and DETAIL REPORTING FORM – SAARC D. R. FORM. the covering letter
enclosing these forms should be addressed to the SUPERINTENDENT OF POLICE, DEPUTY
DIRECTOR, SAARC DRUG OFFENCES MONITORING DESK, POLICE NARCOTICS BUREAU, 3RD
FLOOR, NEW SECRETARIAT, COLOMBO -01, SRI LANKA. The relevant I. R. and D. R. Forms are
enclosed herewith for necessary action at your end.
[ Letter F. No. NCB/BZU/POLICY-9/97/848 Dtd. 18.04.2000, from Zonal Director, NCB, Mumbai ]
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ANNEXURE 3
Sender : Date : Recipient :
Ref. No.
____________________________________________________________________________________
INITIAL REPORT FORM - SAARC I. R. FORM
____________________________________________________________________________________
1. Agency which effected the arrest :
____________________________________________________________________________________
2. Date of seizure and nature of offence :
____________________________________________________________________________________
3. Place of seizure or offence :
____________________________________________________________________________________
4. Type of drug : +Quantity seized :
Herbal Cannabis :
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Cannabis Resin :
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Opium :
Morphine :
Heroin :
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Cocaine :
L. S. D. :
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Others ( specify ) :
+ Weight in Kilograms
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____________________________________________________________________________________
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5. Full identity particulars of Accused / Suspects / Associates * :

i. Full name with father's full name ( with aliases if any ) :
ii. Date of birth :
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Country of birth :
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Place of birth :
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iii. Nationality :
iv. Sex : Male / Female
National identity card number :
Date of issue :
Place of issue :
* For cases implicating more than one person, please use the additional form
____________________________________________________________________________________
Cases implicating more than one person :
____________________________________________________________________________________
Full identity particulars of Accused / Suspects / Associates :
i. Full name with father's full name ( with aliases if any ) :
ii. Date of birth :
Country of birth :
Place of birth :
iii. Nationality :
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iv. Sex : Male / Female

Date of issue :
Place of issue :
v. Travel documents :
Date of issue :
Place of issue :
vi. Complete residential address :
State :
District :
Police Station :
Village :
In the case of Towns / Cities :
House No. :
Street / Colony :
____________________________________________________________________________________
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Date of Departure from last port :
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Mode of Departure from last port :
Route of Departure from last port :
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____________________________________________________________________________________
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The local connection or details where the drugs were obtained, with names, telephone numbers and
addresses of the supplier :
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____________________________________________________________________________________
Any other matters of importance which would assist the investigation :
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____________________________________________________________________________________
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Signature and Seal of Designation

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ANNEXURE – VII
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____________________________________________________________________________________
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Sender : Date : Recipient :

Ref. No.
____________________________________________________________________________________
DETAIL REPORTING FORM - SAARC D. R. FORM
____________________________________________________________________________________
1. Agency which effected the arrest :
____________________________________________________________________________________
2. Type of drug : +Quantity seized :
Herbal Cannabis :
Cannabis Resin :
Opium :
Morphine : +( Weight in Kilograms)
Heroin :
Cocaine :
L. S. D. :
Others ( specify ) :
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3. Date of seizure :
Place of seizure :
____________________________________________________________________________________
4. Marking, labeling and Trade Marks :
____________________________________________________________________________________
5. Means of transport used :
____________________________________________________________________________________
6. Mode of concealment :
____________________________________________________________________________________
7. Origin of the drug :
Route of the drug :
____________________________________________________________________________________
8. Where drug was produced :
____________________________________________________________________________________
9. Place where drug was obtained – Full particulars of the supplier of the drugs :
____________________________________________________________________________________
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10. Place where drug was to be sent – Full particulars of the receiver of the drugs :
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____________________________________________________________________________________
11. Articles / equipment seized :
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____________________________________________________________________________________
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12. Persons implicated : Accused / Suspects / Associates *
Full name of suspects with aliases if any :
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Full name of suspects father with aliases if any :

Date of birth :
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Country of birth :
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Place of birth :
Nationality :
Travel documents held by the suspect :
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Date of issue :
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Place of issue :
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Sex : Male / Female

Date of issue :
Place of issue :
Profession :
Complete residential address :
State :
District :
Police Station :
Village :
In the case of Towns / Cities :
House No. :
Street / Colony :
____________________________________________________________________________________
* in cases implicating more than one person, please use the additional form
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13. Part played :

____________________________________________________________________________________
14. Copies of photographs :
Side ( Right ) Side ( Left )

________________________ _________________________
________________________ __________________________
Front
__________________________
___________________________
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____________________________________________________________________________________
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15. Copies of fingerprints : To be annexed please ( Standard finger printing ink to be used )
____________________________________________________________________________________
16. Whether arrested, detained or at-large :
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____________________________________________________________________________________
17. Summary of the case :
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____________________________________________________________________________________
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Signature and seal of Designation
NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCES ACT 1985

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Salient Features
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Three Central Enactments, the Opium Act, 1857, the Opium Act, 1878 and the Dangerous Drugs
Act, 1930, prior to 1985 – The Opium Act of 1857, inter-alia, dealt with cultivation of poppy on account of
Government. The Opium Act of 1878 dealt with possession, transport, inter-state movement and sale of
opium. The Dangerous Drugs Act was a more comprehensive legislation whose objective was to control
ands suppress contraband trafficking in the abuse of opium, hemp, coca leaf and their derivatives. The
two International Conventions, namely, the Single Convention on Narcotic Drugs, 1961 and the
Convention, on Psychotropic Substances, 1971 placed several obligations on the signatory states.
In order to fulfil these obligations and also to bring in a very comprehensive and stringent
legislation, the act known as the Narcotic Drugs and Psychotropic Substances Act, 1985 has been
passed on 16th September, 1985 and made effective from 14th November, 1985. The N.D.P.S. Act, 1985
has been amended by the N.D.P.S. (Amendment) Act, 1988 which takes effect from 29th May, 1989.
Objective:
The objective of the Act is to make stringent provision for the control and regulation of operations
relating to Narcotic Drugs and Psychotropic Substances.
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Measures:
The following measures are sought to be taken by the Central Government in terms of Section 4:
(1) For preventing and combating abuse of narcotic drugs and psychotropic substances and illicit
traffic therein.
(2) For co – ordination of actions by various Central Government officers, State Governments and
other authorities.
(3) For meeting the obligations under the international Conventions.
(4) For assistance to the concerned authorities in foreign countries and concerned international
organisations.
(5) For identification, treatment, education, after care, rehabilitation; and social re-integration of
addicts.
(6) Any other measures including setting up of an authority or a hierarchy of authorities for effective
implementation of the Act.
(7) Setting up of a advisory committee.
Definitions
The Section 2 of the Act gives the definitions of various terms used in the Act. These definitions
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help us in understanding the coverage of the Act.
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Some of the important definitions are given below in gist: -
“Narcotic Drugs” means, according to this Act, coca leaf, cannabis (hemp), opium, poppy straw
and includes all manufactured drugs (Section 2 (xiv)).
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“Manufactured drug” means all coca derivatives, medicinal cannabis, opium derivatives, poppy
straw concentrate and any other narcotic substance which the Central Government may notify (Section 2
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(xi)).
“Psychotropic Substances” means any; substance, natural or synthetic, or any natural material or
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any salt or preparation of such substance or material included in the list of psychotropic substances
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specified in the attached Schedule (Section 2 (xxii)).

“Coca leaf” means the leaf of the coca plant from which are ecgonine, cocaine and other
ecgonine alkaloids have been removed (Section 2 (vi)).
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“Coca derivative” means (a) cocaine i.e. methylester of benzoylecgonine and its salts; (b) crude
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cocaine i.e. any extract of coca leaf which can be used, directly or indirectly for the manufacture of
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cocaine; (c) ecgonine and all the derivatives of ecgonine from which it can be recovered and (d) all
preparations containing more than 0.1 per cent of cocaine (Section 2 (v)).
“Coca plant” means the plant of any species of the genus erythroxylon (Section 2 (vii)).
“Cannabis (hemp)’ means (a) charas i.e. the separated resin in whatever form, whether crude or
purified and also includes concentrated preparation and resin known as hashish oil or liquid hashish; (b)
ganja, i.e. the flowering or fruiting tops of cannabis plant excluding the seeds and leaves when not
accompanied by the tops and (c) any mixture with or without any neutral material of above forms of
cannabis or any drink prepared there from (Section 2 (iii)).
“Opium means” (a) the coagulated juice of the opium poppy and (b) any mixture, with or without
any neutral material of the coagulated juice of the opium poppy containing more than 0.2 per cent of
morphine (Section 2 (xv)).
“Opium derivative” means (a) medicinal opium i.e. adapted for medicinal use as per Indian or
other Pharmacopia; (b) prepared opium i.e. opium transformed for smoking and the dross or residue
remaining after opium is smoked; (c) morphine, codeine, thebaine and their salts; (d) diacetylmorphine,
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i.e. dia-morphine or heroin and its salts (Section 2 (xvi)). (e) all preparations containing more than 0.2 per
cent of morphine or containing any diacetyl morphine.
“Opium poppy” means the plant of the species papaver somniferum L and any plant of any other
species of papaver which the Central Government may notify (Section 2 (xvii)).
“Poppy straw” means all parts (except the seeds) of the opium poppy after harvesting whether in
their original form or cut, crushed or powdered (Section 2 (xviii)).
“Poppy straw concentrate” means the material arising when poppy straw has entered into a
process for the concentration of its alkaloids (Section 2 (xix)).
“Controlled Substance” means any substance which the Central Government may having regard
to the avoidable information as to its possible use in the production or manufacture of narcotic drug or
Psychotropic Substances or to the provisions of any International Convention by Notification in the official
gazette declare to be a Controlled Substance (Section 2 (vii) a).
Important Sections:
Section 18 relates to Punishment in relation to Opium
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Section 20 relates to Punishment in relation to Cannabis i.e. Charas Ganja Hashish etc.
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Section 22 relates to punishment in relation to Psychotropic Substances
Section 23 relates to punishment in relation to Import/Export of drugs
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Section 24 relates to punishment in relation to external dealing of drugs.
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Section 42 Requires to reduce in writing the information received and to put it up to the
immediate superior officer immediately. The search seizure and arrest under this section must be from
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sunrise to sunset in non public places.

Section 43 Pertains to search seizure and arrest in public places. Officer must have a reasonable
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belief to take action and mere suspicion will not do.

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Section 50 The accused must be asked if he wish to be searched before a Gazetted Officer or a
judicial magistrate. This is the right of the accused and cannot be denied. This choice should be given in
writing. Oral saying is not sufficient. The accused must write or sign the memo where this option was
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given to express his choice. This fact should also be incorporated in the panchanama.
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Section 52 The accused must be given the grounds of arrest in an arrest memo before arrest
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and acknowledgement obtained.

Section 55 The officer in charge to receive the seized articles and the goods seized must affix his
seal on these items in addition to the seal of the seizing unit/officer. The samples sealed must be proper
and no tampering should be done, from the time it is sealed, till it is handed over to the chemical
examiner.
Section 57 The officer making a seizure or arrest under the NDPS Act must within 48 hours send
a full report to his immediate superior officer. This is a mandatory requirement.
Section 67 This section empowers an officer to record the voluntary statement of any person
concerned with the investigation.
The provisions given above are mandatory and will have to be complied with. Failure to do this
will vitiate the case the case will fail. Hence these requirements must be complied with properly.
GIST OF SOME IMPORTANT PROVISIONS OFTHE N.D.P.S. ACT

1. AUTHORISED OFFICERS: Section 3 deals with list of authorised officers who are to take
measures for preventing and combating the misuse of narcotic drugs and substances.
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2. PROHIBITIONS: Section 8 prohibits the production, manufacture, possession, sale, use,

consumption, purchase transportation, ware housing, import inter state, export inter state, of ganja.
3. PUNISHMENTS: Section 15 to 29 deals with punishments for contravention of the NDPS Act.
Section 15 deals with punishment for contravention in relation to poppy straw.
Section 16 deals with punishment for contravention in relation to coca plant and leaves.
Section 17 deals with punishments for contravention in relation to prepared opium.
Section 18 is regarding punishment for contravention in relation to opium poppy and opium.
Section 19 deals with punishment for embezzlement of opium by cultivators.
Section 20 deals with punishment for contravention in relation to cannabis plant and cannabis.
Section 21 deals with contravention in relation to manufactured drugs and preparations
Section 22 deals with punishments for contravention in relation to psychotropic substances.
Section 24 deals with punishment for external dealing in narcotics drugs and psychotropic
substances in contravention of section 12. (Restriction over external dealing in narcotic drugs and
psychotropic substances)
Section 25 Deals with punishment for allowing premises etc. to be used for commission of
offences.
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Section 25 A – deals with punishment for contravention of order made under section 9A (Power
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to control and regulate controlled substances)
Section 26 deals with punishment for certain Acts by licensee or his servant.
4.
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EXPORT / IMPORT : Section 23 deals with punishment for import/export or transhipment of
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narcotics and psychotropic substances.
5. POSSESSION: Section 27 deals with possession of narcotic
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6. FINANCING: Section 27A deals with financing of illicit drugs and harbouring offenders.
7. ABETMENT: Section 29 deals with abetment and criminal conspiracy. What is stated is
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irrespective of section 116 of IPC.

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8. PREPARATION :Section 30 deals with preparation to do or omit to do any act which constitutes
an offence punishable under section 15 to 25 (both inclusive) of NDPS Act. It provides for punishment for
preparation to commit an offence which is half the punishment for committing of the offence (both
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imprisonment and fine).

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9. ENHANCEMENT OF PUNISHMENT : Section 31 provides for enhancement of punishment for

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certain offences which is committed after earlier conviction. If under section 15 to 19, CL (ii) of section 20
and section 21 to 25, punishment upto 15 years RI extendable to 30 years and fine of 1.5 lakhs to 3
lakhs. If earlier conviction was under 10 years RI and fine of Rs.one lakh.
10. DEATH PENALTY : Section 31A imposes a death penalty for certain offences committed after
previous conviction under section 15 to 25 or 27A. If convicted again for commission, attempt, abetment
or criminal conspiracy to commit an offence relating to the table of 14 drugs, or financing directly or
indirectly, the production, manufacture, possession, transportation, import/export, transhipment or
narcotics drugs or substances, then the penalty would be death penalty.
11. OFFENCE OF GENERAL NATURE :Section 32A deals with the general nature of the offence. It
says that if no penalty is imposed under any other section then for such offences penalty will be imposed
under 32A, which provides for imprisonment for six months and/or fine.
12. PERSON BELOW 18 YEARS : Section 33 states that the provisions of section 360 of Cr. P.C. and
Probation of offenders Act, 1958, will not apply unless the person is less than 18 years of age, if the
offence is punishable under section 26 or 27.
13. SECURITY FOR GOOD BEHAVIOUR : Section 34 deals with the security from any person by
executing a bond with or without surety for abstaining from committing any offence under chapter IV.
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14. OFFENCE COGNIZABLE : Section 37 all offence under the NDPS act is cognizable and non-
bailable.
15. OFFENCE BY COMPANY : Section 38 an offence under Chapter IV i.e. from section 15 to 32 by a
company, then all persons in-
16. charge of or responsible for the conduct of business of the company as well as the company will be
liable to be held guilty.
17. POWER OF COURT : Section 39 deals with the power of the court to release certain offenders,
having regard to the age, character, antecedents, or physical or mental conditions of the offender.
18. POWER TO ISSUE WARRANT: Section 41 gives the power to issue warrant and search
authorisation to Supdt. of Customs and central excise, appraisers, to search whether by day or night
building conveyance or place. They may send their subordinate officers for the purpose with the
authorisation. However, the Preventive, excise officers or DRI or other intelligence officers of the revenue
department can record statements of the accused and make arrest.
19. OFFICERS EMPOWERED: SECTION 42 – Section 42 authorises the Preventive office, examiner,
central excise or DRI officers etc. to search of premises, Seize the drugs, detain any person or arrest the
person who has committed the offence. Provided he has reason to believe from personal knowledge, or
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information given by any person taken down in writing that any narcotics in respect of which an offence
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punishable under chapter IV has been committed or evidence of such commission is concealed, then he
can do the above action. Further the action should be from sun rise to sun set if the search party is not
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accompanied by a gazetted officer. The subordinate officer can search and seize after sunset and in non-
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public places provided he records his reasons as to why the action could not wait till the coming of the
gazetted officer. The urgency of the situation should be noted in file and put up to superior officer. In case
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of urgency, such subordinate offices can enter, search, seize and arrest without a warrant or
authorisation, if he feels that the evidence of the case will be concealed or offender may escape.
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20. ACTION IN PUBLIC PLACES: Section 43 empowers the aforesaid officers to search, seizure and
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arrest in public place. A bus or a train is also considered as a public place.

21. SUPRUTHNAMA: Section 45 empowers an officer to give supruthnama to the person incharge, if
the goods cannot be taken over. Like the crop of ganja or hashish which cannot be gathered, a
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supruthnama can be given to the owner of the land etc.

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Section 46 enjoins upon the land owner to inform about illegal cultivation of the narcotics
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substances.
21. SEARCH OF CONVEYANCE: Section 49 gives the power to stop and search a conveyance.
22. MANDATORY CONDITION FOR PERSONAL SEARCH: Section 50 is a very important. The
conditions given therein is mandatory. The accused to be searched in person should be given the
opportunity to be taken before a gazetted officer or a judicial magistrate and this fact has to be taken in
writing with the signature of the accused. This fact is also to be incorporated in the panchanama.
23. PROVISIONS FOR WARRANT: Section 51 provides that the provisions of the Cr. P.C. will apply
to warrants, arrest and seizure under the NDPS. Hence the legal requirement for these must be fulfilled.
24. GROUNDS OF ARREST: Section 52 provides that all persons arrested under section 41,42,43
or 44 should be told about the grounds of arrest and a arrest memo should be given to the arrested
person and his signature to be obtained. If he does not understand the language i.e. English he should be
explained in the language known and suitable endorsement taken on the memo. The arrested person
shall be medically examined and deposited in the police station. The accused person should be produced
before the magistrate without delay, However, not latter than 24 hours from the time of arrest. The arrest
memo should show the date and time of arrest. If the next day is holiday then the accused should be
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produced before a holiday magistrate. The arrested person should be allowed to contact his relative or
lawyer and this fact should be endorsed on the office copy of he arrest memo.
25. OFFICERS POWERS: SECTION 53 The officer of the central excise, customs DRI etc. who are
empowered under this Act will have the same power of the officer in-charge of the police station.
26. RELEVANCY OF STATEMENT: Section 53 A deals with relevancy of the statement given
before the officers empowered under section 53, such statement given in the course of the inquiry or
proceedings is admissible.
27. PRESUMPTION: Section 54 deals with presumption of commission of an offence, from the
possession of illicit article like utensils specially made for manufacture of drugs, materials, chemicals
which undergo any process to manufacture the narcotics substance.
28. TAKING OVER OF SEIZED ARTICLES : Section 55 deals with the duty of police to take charge
of such articles shown in section 54 and the same should be sealed and kept in proper order.
29. ASSISTANCE OF OTHER OFFICERS : Section 56 cast obligation on all officer mentioned in
section 42 to assist each other.
30. REPORT TO SR. OFFICER : Section 57 is very important. It casts a mandatory duty on the
officer who arrest or seizes any narcotics, to make a report in writing about the same to the immediate
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superior officer.
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31. VEXATIOUS ARREST : Section 58 provides for punishment for vexatious entry, search, seizure
or arrest.
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32. PUNISHMENT TO OFFICERS : Section 59 deals with the punishment for officers failing in their
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duty.
33. CONFISCATION : Section 60 deals with the confiscation of the goods, articles and conveyance used
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for the manufacture of the drugs.

34. CONCEALED GOODS: Section 61 deals with the confiscation of the goods used for concealing
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the drugs.
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35. SALE PROCEEDS: Section 62 deals with the confiscation of the sale proceeds of illicit drugs
and narcotic substances.
36. PROCEDURE OF CONFISCATION : Section 63 deals with the procedure for confiscation of
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goods etc.
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37. IMMUNITY : Section 64 deals with the power of the court to tender immunity from prosecution
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like approvers and volunteering drug addict.

38. PRESUMPTION OF DOCUMENTS : Sec. 66 deals with presumption of documents in certain cases,
if produced by prosecution against the accused then it will be presumed to be correct unless otherwise
proved.
39. RECORDING STATEMENTS : Section 67 gives the power to officers mentioned under section 42 to
examine any person or record statement. This is similar to the provision under section 108 of the
Customs Act.
40. NON DISCLOSURE OF SOURCE : Section 68 gives the immunity to the officer from disclosing the
source of information.
41. FORFEITURE OF PROPERTY : Section 69 gives a protection to officers for the action done in good
faith.
42. GOOD FAITH : Section 69 gives a protection to officer for the action done in good faith.
43. RECOVERY : Section 72 deals with the recovery of amount due to the government.
44. BAR OF JURISDICTION : Section 73 no civil court shall entertain any suit or proceedings against
the decision of any authority or officer under this Act.
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45. POWER TO MAKE RULES : Section 76 & 78 gives the Central and State Govt. the power to make
rules. All rules so made should be placed before the parliament, who alone shall pass the same, then it
shall be effective.
46. APPLICATION OF CUSTOMS ACT : Section 79, the restriction imposed under the NDPS Act will be
restrictions under the Customs Act.
47. APPLICATION OF DRUGS & COSMETIC ACT : Section 80, rules made under the NDPS Act will
also be applicable in addition to the Drugs & Cosmetic Act. 1940.
IMPORTANT PROVISIONS OF “THE NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCES RULES,

1985”.
Nrcotic drugs and substances
Rule 32 : Export of Opium – The export of opium is prohibited save when the export is one behalf of the
Central Government.
Rule 35 : General prohibition – The manufacture of crude cocaine, ecgonine and its salts and of
diacetyl morphine and its salts is prohibited.
Rule 36 : Manufacture of natural manufactured drugs : (1) The manufacture of cocaine and its salts is
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prohibited save the manufacture of cocaine hydrochloride by the chemical staff employed under the
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Central Board of Excise and Customs from confiscated cocaine.
(2) The manufacture of morphone, codeine, dionine, thebaine, dihydrocodeinone, dihydrocodeine acetyl
dihyfrocedeine, acetyl dihydrocodeinone,
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dihydrohydroxycodeinone, pholcodine and their respective salts is prohibited save by the Government
Opium Factory.
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(3) The manufacture of medicinal hemp shall be under a licence granted by the State Government on
payment of such fees and in accordance with such conditions as may be prescribed by that Government
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in this behalf.
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Rule 37 : Manufacture of synthetic manufactured drugs – (1) The manufacture of manufactured drugs
notified under sub-clause(b) of Cl.(xi) of Sec. 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 Narcotics Commissioner or
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such other officer as may be authorised by the Central Government in this behalf, in Form No.3 appended
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to these rules.
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(2) A fee of rupees fifty shall be payable in advance to the Central Government for each licence issued
under this rule or for renewal thereof.
Rule 53 : General prohibition – 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.
Rule 53A. (1) Subject to the provisions of sub-rule (2), no person shall export any of the narcotic drugs or
psychotropic substances or preparation containing any of such narcotic drugs or psychotropic substances
specified in Schedule IV to the countries or to the region of such country specified therein.
(2) Notwithstanding anything contained in sub-rule(1) above, the Narcotics Commissioners may
authorise export of specified quantities of such narcotic drug or psychotropic substance or preparation
containing such narcotic drugs or psychotropic substance on the basis of special import licence issued by
the Competent Authority of the country mentioned in [Sch. II] which intends such import by way of
issuance of special import licence. The shipment of the consignment so allowed shall be accompanied by
a copy of such special import licence duly endorsed by the Narcotics Commissioner.]
Rule 54. Import of opium, etc. – The import of –
(i) opium, concentrate of poppy straw, and
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(ii) morphine, codeine, thebaine, and their salts is prohibited save by the Government Opium
Factory.
Rule 55. Application for import certificate. – (1) 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 consignment issued by the issuing authority in Form 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.
Rule 57. Transit. – Subject to the provisions of Sec. 79 of the Act and rule 53, no consignment of any
narcotic drug, or psychotropic substances specified in [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,
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or medical aid to, any person on board the ship or aircraft.
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Rule 60. Transhipment. – Subject to the provisions of Sec. 79 of the Act and rule 53, no consignment of
narcotic drug, or psychotropic substance specified in [Schedule of the Act], shall be allowed to be
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transhipped at any port in India save with the permission of the Commissioner of Customs.
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Rule 61. Procedure for transhipment.- The Commissioner of Customs while allowing any consignment
of narcotic drug, or psychotropic substances, specified in [Schedule of the Act], to be transhipped shall,
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inter alia, satisfy himself that the consignment is accompanied by a valid export authorisation issued by
the exporting country.
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Rule 62. Diversion of consignment. – (1) Commissioner of Customs shall take all due measures to
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prevent the diversion of such consignment to a destination other than that named in the aforesaid export
authorisation.
(2) (a) The Commissioner of Customs may permit diversion of such a consignment to a country
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other than that named in the accompanying copy of the export authorisation subject to the production of
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export authorisation issued by the issuing authority as provided under rule 58, as if the diversion were an
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export from India to the country or territory of new destination.

Rule 63. Prohibition of import and export of consignments through a post office box. etc. – The
import or export of consignments of any narcotic drug or psychotropic substances through a post office
box or through a bank is prohibited.
Psychotropic Substances
Rule 64. General prohibition. – No person shall manufacture, posses, transport, import inter-State,
export inter-State, sell, purchase, consume or use any of the psychotropic substances specified in Sch. I.
Rule 65. Manufacture of psychotropic substances. – (1) Subject to the provisions of sub-rule (2), the
manufacture of any of the psychotropic substances other than those specified in Sch. 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.
(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 requirements of
each of the psychotropic substances in bulk form referred to in sub-rule(1) in the country and taking into
account the requirement of such psychotropic substances in the State, the quantity of such substance
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required for supply to other manufacturers outside the State and the quantity of such substance required
for reasonable inventory to be held by a manufacturer, shall specify, by order, the limit of the quantity of
such substance which may be manufactured by the manufacturer in the State.
(3) The quantity of the said psychotropic substance which may be manufactured by a licencsee in
a year shall be intimated by the Licensing Authority to the licensee at the time of issuing the licence.
SCHEDULE I
(See rules 53 and 64)
I. Narcotic Drugs
1. Coca Leaf
2. Cannabis (Hemp)
3. (a) Acetrophine
(b) Diacetylmorphine (Heroin)
(c ) Dihydrodesoxymorphine (Desomorphine)
(d) Etrophine
(d) Ketobemidone
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and their salts, preparations, admixtures, extracts and other substances containing any of these
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drugs.
II. Psychotropic substances
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____________________________________________________________________________________
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Sl. International Other non-proprietary Chemical name
No. Non-proprietary names
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Names
____________________________________________________________________________________
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1. METHAQUALONE 2-Methyl-3-0-toly-4- (3H) quinazolinone.

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2. AMFEPRAMONE 2-(Diethylamino) propiophe-none

3. BENZPHETAMINE N-Benzyl-N-dimethyl-phenethyl amine.
4. BRONAZEPAM 7-Bormo-1, 3-dihydro-5-(2-pyridyl)-2H-1,
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4-benzodiazepin-2-one.
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5. CANAZEPAM 7-Chloro-1, 3-dihydro-3 hydroxy-1

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methyl-5-phenyl-2H-1, 4-bensodiazepin-
2-one dimethylcarbamate (easter).
6. [* * *]
7. [* * *]
8. CLORAZEATE 7-Chloro-2, 3-dihydro 2-oxo-5pheyl, -2-
IH, 4-benzodiazepine-3 carboxylic acid.
9. CLOTIAZEPAM 5-(O-Chlorophenyl-7 ethyl-1, 3-dihydro-
1 methyl-2H-theno [2, 3-e] 4-diazepin-2-
one.
10. CLOXAZOLAM 10-Chloro-11b-(o-chlorophenyl)-2,3,7,
11b-tetrahydrooxa-zolo-[3, 2-d] [1,4,]
bensodiazepin-6 (5H)-one.
11. DELORAZEPAM 7-Chloro-5-(o-chloro-phyenyl)-1,3-
dihydro-2H-1, 4-benzodiazepin-2-one.
12. ESTAZOLAM 8-Chloro-6-phenyl-4-H-s-triazo-Io[4,3,-a]
[1,4] benzodiazepine.
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13. ETHINAMATE 1-Ethynylcyclo-hexanol carbamate.

14. ETHYLLOFLAZEPATE Ethyl 7-Chloro-5-(o-flourophenyl-2-3-
dihydro-2 oxo-1HO1, zociazepine-3-
carboxylate.
15. FLUDIAZEPAM 7-Chloro-5-(o-fluropheny-1, 3-dihydro-1-
methyl-2H-1, 4-bebennozodiazepin-2-
one.
16. FLUNITRAZEPAM 5-(o-flurophenyl)-1, 3-dihydro-1-methyl-
7-nitro, 2H-1 4-benzodizcepin-2-one.
17. HALOXAZOLAM 10-Bromo-11b-(o-flurophenyl)-2,3,7, 11b
-tetrahydro-oxazolo [3, 2-d] [1,4]
bensodiazepin-6 (5H)-one.
18. KETAZOLAM 11-Chloro-8, 12-b-dihydro-2, 8-dimethyl-
12b-phenyl-4H-[1,3]- oxazino-[3,2-d]
[1,4] bensodiazepine-4,7 (6H)-dione.
19. LEFTAMINE SPA (-)-1-Dimethylamino-1,2-diphenyl et-
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hane.
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20. LOPRAZOLAM 6-(o-Chlorophenyl)-2,4-dihydro-2-[(4-
methyl-1-piperzynyl) methylene]-8-nitro-
e 1H-imidaze [1,2-a] [1,4] benzodiazepin-
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lone.
21. LORMETAZEPAM 7-Chloro-5-(o-Chloro-phenyl) 1,3-
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dihydro-3-hydroxy-1-methyl-2H-1, 4-
benzodiazepin-2-one.
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22. MAZINDOL 5-(p-chlorophenyl)-3,5-dihydro-3 H-

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imidazo [2,1-o] isoindol-5-ol.

23. MEDAZEPAM 7-Chloro-2 3-dihydro-1-methyl-5-phenyl-
H-1, 4-benzodiazepine.
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24. METHYPRYLON 3, 3-Diethyl-5-methyl-2, 4-piperidine-

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dione.
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25. NIMETAZEPAM 1, 3-Dihydro-1-methyl-7-nitro-5-phenyl-

2H-1, 4-benzodiazepin-2-one.
26. OXAZOLAM 10-Chloro-2, 3, 7, 7, 11 b-tetrahydro-2-
methyl-11 b-phenyloxazolo [3, 2-d] [1 4]
benzodiazepin-6-(5H)-one.
27. PHENDIMETRAZINE ( + ) 3, 4-Dimethyl-2-phenylmorpholine.
28. PHENTERMINE -Dimethylphen-ethelamine.
29. PINAZEPAM 7-Chloro-1, 3-dihydro-5-phenyl-1-(2-
propynyl) 2H-1, 4-benzodiazepin-2-one.
30. PIPRADROL 1, 1-Diphenyl (2-piperidyl)-methanol.
31. PRAZEPAM 7-Chloro-1 (cyclo propylemthyl-1) 1, s-3-
dihydro-5-phenyl-2H-1, 4-benzodiazepin
-2-one.
32. TEMAZEPAM 7-Chloro-1, 3-dihydro-3-hydroxy-1-
methyl-5-phenyl-2H-1, 4-benzodiazepin-
2-one.
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33. TETRAZEPAM 7-Chloro-5 (cyclohexen-1-yl) 1, 3-

dihydro-1-methyl-2H-1, 4 benzodiazepin
-2-one.
33-A. ETRYPTAMINE [3-(2-aminobutyl indole]
33-B. METHCATHINONE [2-(methylamino)-1-phenylpropan-1-one]
33-C. ZIPEPROL [ a (a-methoxybenzyl)-4-(B-methoxy-
phenethyl)-1-piperazlneethanol]
33-D. AMINOREX (2-amino-5-phenyl-2-oxazoline)
33E. BROSOCARB [2-Bromo-4-(O-chlorophenyl)-9-methyl-6
H-thieno (3,2-1)-triazolo [4, 3-a] [1, 4]
Diazepine]
33-F. MESOCARB [3-a (1-methphenethyl)-N-
(phenylcarbamoyl) Sydnoneimine].
34. SALTS AND
PREPARATIONS
OF ABOVE
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SCHEDULE II
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FORM No. 4
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(See rule 55)
Official Seal of the Issuing
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Authority
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S. No. ………………………
F. No. ……………………….
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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
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(Department of Revenue)
Certificate of Official Approval of Import
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(The Narcotic Drugs and Psychotropic Substances Rules, 1985)

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………(The Issuing Authority)…… being the authority empowered to issue Import Certificate under the
Narcotic Drugs and Psychotropic Substances Rules, 1985 hereby approves the importation into India of
the consignments containing narcotic drugs or psychotropic substances as specified in the Schedule
below by:
M/s……………………………..
From M/s, …………………………………., subject to the condition that the consignment
containing such drugs or substances shall be imported before …………………
by…………….to………(airport/seaport)………….. in India.
In approving the importation of the consignment containing the said drugs or substances
specified …………….(Issuing Authority) is satisfied that it is required solely for medical and scientific
purposes.
Address of the Issuing Authority Designation of the Issuing Authority
Schedule specifying the narcotic drugs or psychotropic substances contained in the consignment
to be imported.
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1. This document is for ……………..(The authority to whom and the purpose for which it is being
sent to be indicated).
2. The certificate is not valid unless it bears the Official Seal of the Issuing Authority on the top
right hand corner.
Official Seal of Issuing Authority
S. No. ……………………………
F. No. ……………………………
FORM No. 3
(See rule 37)
Licence For Manufacture of Manufactured Drugs
Licence No…………………………….Date of issue……………………………………………….is

hereby licensed to manufacture the following manufactured drugs on the premises situated at …………
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Name of drug Quantity
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(1)
(2)
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2. The licence shall be in force from ……………..to……………………..
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3. The licence is subject to the conditions stated below and to such other conditions as may be
specified in the rules for the time being in force under the Narcotic Drugs and Psychotropic Substances
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Act, 1985 (61 of 1985).

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Signature ………………….
Designation ………………….
Date ……………
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Conditions of Licence
1. This licence is not transferable.

2. This licence and any certificate of renewal in force shall be kept on the approved premises
and shall be produced at the request of an officer detailed for the purpose by the Licensing Authority.
3. The licensee shall not manufacture or keep the drug or the materials used for the manufacture
of the drug at any other place except his place of business.
4. The licence shall ensure manufacture of the drug to the standard and specifications laid down
by or under the Drugs and Cosmetics Act, 1940 (23 of 1940).
5. The licensee, if he desires the renewal of his licence, shall apply to the Licensing Authority in
the form specified for such renewal, at least thirty days before the expiry of his licence.
6. The licensee shall inform the Licensing Authority in writing in the event of any change in the
constitution of the firm operating under the licence. Where any change in the constitution of the firm takes
place, the current licence shall be deemed to be valid for a maximum period of the three months from the
date on which the change takes place or the normal expiry of the licence whichever is earlier name of the
firm with the changed constitution.
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OTHER IMPORTANT ASPECTS:

1. Statement of co-accused cannot be used unless corroborated by independent evidence.
2. Stock witness should be avoided. Choice of panache witness should be proper and generally
from the place around the seizure or search. Absence of independent witness will adversely
affect the prosecution for non compliance of the requirement of section 52 and 55 of NDPS
3. SAMPLES: Refer to Standing order No. 1/88 and 1/89. (Given below)
Samples drawn from seized lot should be proved to be the same which was sent to the analyst. Further
while drawing the panchanama; the details of sealing the drugs and the sample for testing, like seal
Number or logo of the department on the seal, should be incorporated in the panchanama. The receipt
obtained from the laboratory should link the sample drawn from the seized goods. For this the seal affixed
on the sample should be shown on the receipt and an endorsement made by the receiver of the sample,
that the seal was found intact. Care should be taken that the seal is not damaged. Further the receiver
should say that the label was bearing the signature of the panchas with the date. A proper receipt will
avoid any loop hole for rejecting the test report.
The samples to be tested should be tested chemically and not be confirmed by seeing and
smelling or by experience.
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The person carrying the sample to the Lab must give evidence to prove that the correct sample
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was tested, as taken by him and the link between the sample and the test report should be established.
The sample from the test Lab should be received in properly sealed condition. Care should be taken that
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this seal is not broken. Hence these remnant sample should be kept safely and in protective packing with
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proper label.
Report of the Director, Dy. Director and Asstt. Director of recognised Lab are considered as
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opinion of scientific experts and they need not come to give evidence on that certificate under section
293(4) (e) of Cr. P.C. There should be no discrepancy in the weight of the sample recorded at the time of
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seizure panchanama and when the same is sent to the lab for testing. There should be no delay in
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sending the sample for test. It must be sent immediately and not later than 72 hours from the seizure,
The proper and authorised laboratory report is essential for conviction
4. The seized goods should be sealed and deposited immediately within 24 hours of the seizure.
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Report of the seizure should be sent immediately to the superior officer.

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5. Provision of section 167(2) of the Cr. P.C. of enlarging on bail will not be applicable to NDPS.
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Complaint to be filed in 90 days

6. The intelligence or information received must be recorded in writing and should be put up to his
senior officer, as required under section 42 (2) of the NDPS Act. Generally the officer who receives
intelligence should not conduct search and also do investigation. A report of Arrest and seizure should be
submitted to the immediate superior officer within 48 hours as required under section 57 of this Act.
Therefore the officer receiving the information must put the date and time below, the report of recording
the information, similarly the superior officer receiving this report should also put the date and time below
his signature.
7. Suspicion is no substitute for proof. Even if we know that the person is involved, evidence has to
be collected to prove that suspicion. Vagueness is not permitted as the benefit of doubt will go to the
accused.
8. If narcotics has come to the accused from out side the border then the offence of importing is
complete.
9. Non compliance of section 50 would vitiate the trial and render conviction unsustainable. The
accused must be asked in writing his choice should be recorded and his signature obtained on that paper,
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and also the fact that he was given the choice of being taken before a gazetted Officer or Judicial
Magistrate should be incorporated in the panchanama.
10. If several persons are residing in the place from where the drug is seized then the possession of
the drugs from the accused should be proved and the control of the premises should be proved beyond
doubt. If there is a possibility of more than person dealing with the goods the nexus must be proved
between the accused and the object.
11. Under section 35 (2) and 54 the burden of proof will be on the accused from whose possession
the drug was recovered. The possession factor will ensure punishment and ownership in that case need
not proved. If seizure is not believed the possession will not be believed by the court. Hence the
panchanama should be correct when seizure is made.
Possession of premises, and contraband was brought there and that he was dealing in it are the
required ingredients.
12. Extra Judicial confession is not a voluntary statement.
13. Punishment under NDPS for contravention of psychotropic drugs is 10 years extendable upto 20
years and fine of 1 lakh extendable to 2 lakhs
14. It is required that the offence should have been committed knowingly with culpable mental state
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under section 36, 54 and 60 (3) and this should be proved by positive evidence or circumstantial evidence
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before mens rea can be established.
15. Chapter V and VI consisting of section 107 and 120 B of Cr. P.C. deals with abettment and
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conspiracy, while section 120A deals with criminal conspiracy. The requirements of an abettor (1) There
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must be a abettor (2) He must abet (3) the abettment must be an offence. Investigation is tantamount to
abettment. In order to constitute a conspiracy four things are necessary (1) At least two person (2) They
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must engage in the commission of an act (3) the act or omission must have taken place “in order to do a
thing” (4) the act or omission must take place in pursuance of that conspiracy, knowledge or common
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design.
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16. Offence of acquiring, purchase, store, warehousing, possession punishable under section 22 r/w
8(c) and 29 of NDPS. Attempt to export punishable under section 28 r/w 8 (c) and 29. Export or attempt to
export under section 8 (C) and section 11 of the Customs Act and would constitute an offence under
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section 135 (I) r/w 135 (I) (ii) of the Customs Act. Forgery punishable under section 465,471 of IPC.
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17. Draw up a rough sketch of the place from where the drugs are seized, this should be made a part
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of the panchanama and take the signatures of the witness and the person from whom the drugs are
seized.
OTHER USEFUL INFORMATION:

1. An information describing the suspect and his modus operandi with specific details on the date time
and place of drug deals. It needs to be reduced into writing by the officer receiving the information
and should be sent forthwith to the next superior officer. (s 42) It is mandatory legal provision.
2. Search of a person, premises, conveyance leading to recovery of drug concealed in a packaging or a
cavity of the vehicle. A search warrant issued by the empowered officer of the rank of superintendent
or above is executed in case the search is not to be conducted in a public place. All the requirements
relating to the search as are provided in the code of criminal procedure have to be followed. A notice
in writing under Sec. 50 needs to be served on the person searched giving him the option of his
getting searched in presence of a gazetted officer or a magistrate. The recovery would be illegal if
such a notice has not been given.
3. Seizure of drug recovered from the possession of a person informed against. The contraband is
tested by way of a field testing kit which indicates the presence of drug in the recovered substance. It
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is a prima facie proof of the substance being of the drug type as is confirmed from the field testing kit.
A sample of the drug is drawn from the lot recovered and sealed with an official seal after taking the
signature of the panchas and the person from whom the recovery is made on the paper slip which is
affixed on the packet containing the sample before the same is sealed with an official seal. Chemical
analysis report received is the final word on the recovery of drug to be of a particular type that makes
the person possessing it liable for punishment.
4. A report on the seizure and arrest has to be prepared and submitted to the next higher officer by the
arresting officer under Sec. 57 within 48 hours of the arrest.
5. The arrested person is produced before the court within 24 hours of his arrest. He is to be conducted
strictly in conformity with the law relating to the rights of the arrested person. His relative or friend
should be notified of his arrest. In case the person is needed for effecting any further recovery of
drug or for any other investigation he is remanded to the custody of the agency; otherwise the
arrested person is sent to jail in judicial remand pending trial against him.
6. Follow up investigation are undertaken for collecting additional evidence corroborating the
confessional statement and the seizure document. These could be verification of vehicle registration
details, telephone dial out information, searches at other places from where the drug transited or
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originated etc. Statement of the panchas is recorded on anything additional they have to say to what
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is recorded in panchnama.
7. The investigations must be completed with 90 days of the arrest of the person. If there is delay in
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filing challan or complaint within this period then the accused gets right to be enlarged on Bail. A
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complaint is filed under the regular punitive sections of the Act enumerating the evidence in support
of the complaint. The court takes cognisance of the complaint and frames charges based on the
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complaint. If the accused denies the charges trial commences. Evidence is recorded by the
prosecution in support of its charges
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8. The court under section 313 of the Cr.P.C. records statement of the accused and he is given an
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opportunity to lead evidence in support of his statement. Judgement is passed by the court on
hearing the two parties after completing the evidence and accordingly if the charges are proved the
accused is convicted.
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Guidelines for search/Raid:

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1. All officers deployed for search should carry their Identity Card.
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2. Leader of each team should have a search authorisation.

3. As far as possible there should be a pre-planning before carrying out the search/raid. Pre-
planning will include survey of the area/place where the search/raid has to be undertaken. This
pre-planning is essential for effective deployment of staff to achieve maximum results.
4. The officer-in-charge of the search should deploy his officers in such a manner that all the
entrances/exists are properly guarded so as to prohibit any person coming in/going out of the
premises.
5. All incoming telephone calls should be received by the searching officers only. No person within
the premises should be allowed to talk on phone with any person outside.
6. Immediate on entering the premises, the occupants should be instructed not to converse about
the business of search with each other.
7. The list of documents/records mentioned for recovery should be gone through carefully. The
searching officers should examine every document and record and decide its worth for purposes
of recovery.
8. Samples should be drawn.
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9. The documents/records to be seized should be properly numbered serially and a brief description
of the file/records and the period to which it belongs should be mentioned in the Panchnama.
10. The statements of the persons concerned should be recorded on the date of search itself, least
they may be tutored by the party. For this purpose, a brief and immediate scrutiny of the
records/documents should be done.
11. Soon after the commencement of the search the contact telephone number of the party should be
given to the officers who is monitoring the search/raid. He should be appraised about the
commencement of the search and its progress from time to time and the important material have
come to notice so far. Before withdrawal from the search as far as possible clearance from the
same officer should be taken unless the search/raiding party has already briefed in this regard.
12. Seized documents/records should be handed over to the assigned person under proper receipt.
13. Each search/raid party should invariably carry with them a drug identification/testing kit and they
should also have bag containing certain essentials like screw driver, torch, flash light, mirror,
walkie talkie, binocular, night vision devices, hand cuff, seal sealing materials, emergency
medical kit, etc.
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Points to be noted while recording panchnama :
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1. Name, occupation, age and address of panchas.
2. Time, date and place of start of proceedings.
3. Reason for search.
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4. Authority for search.
5. Identify yourself by showing identity card.
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6. Mention names of a few other officers included in the search part.

7. Offer personal search of each member.
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8. Mention presence of the occupants of the premises/person to be searched.

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9. Before conducting personal search ask the person whether he would like to be taken before a
gazetted officer or a magistrate.
10. Mention description of place to be searched e.g. area of flat, number of rooms, telephone no. etc.
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11. Ask the person to be searched to give declaration of this baggage wherever necessary e.g.
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Whether he is having any contraband.

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12. Give graphic description of the search operation e.g. who opened the suitcase, who had the key,
from where the incriminating documents or contraband was recovered, how it was concealed etc.
13. Test drugs with field testing kit and mention results.
14. Mention where and how the weighment of contraband goods was done. Give gross & net weight.
15. Mention value of contraband to be seized.
16. Mention no. of samples drawn and their weight , what identification marks were given to
contraband exhibits, samples and documents proposed to be seized/taken over.
17. Mention “Nothing else was taken over” or “Religious feelings hurt.”
18. Mention time of conclusion of panchnama.
19. Offer personal search on conclusion of search before leaving the place of search.
20. Take photographs, fingerprints wherever possible.
21. Mention money and valuables given back to the person searched or seal them for handing over
later in the court.
22. Seal contraband and exhibits mentioning seal no.
23. Take signature of panchas, officer writing the panchnama and the person being searched on
labels pasted on contraband, exhibits and documents.
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24. Mention under what provisions the seizure was done.

25. Mention any important events taking place during search e.g. Arrival of more officers/persons etc.
26. Give a copy of panchnama of the persons searched and obtain his receipt.
Details of Drugs seized :

1. Note the exact date and place of discovery. Record the weight and type of the drug.
2. Describe the wrapper : material, colour, trademark, subsequent markings, number of parcels
making up the whole amount.
3. Note the means of transport used and the hiding place.
4. Seize the vehicle, and make a complete and thorough search of it.
Details in case of foreign National:

1. Check his passport carefully. Are there any signs of alteration : e.g. Erasures (transparency),
insertion, missing pages, restrictions on travel ? For nationals of certain countries: do they have
appropriate visas ?
2. Has he several different passport ?
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3. If they bear the photograph of person concerned , but give particulars of different identities ?
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4. From whom did he obtain these passports ? Where and when did he obtain them ? How much
did he pay for them ? For what purposes has he used them ? Where ? When ? On what date did
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he enter the country ? At which border check-point ? Where has he stayed since ?
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5. Note the frontiers crossed (dates and places of Immigration/Emigration stamps).
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Questions to be asked while recording statement under section 53 of NDPS Act:

1. Does he know the type of drug he was carrying ? Who gave it to him ? Where ? When ? Through
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which towns and along which roads did he travel before reaching the place where the drug was
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seized ? Where did he stay on the journey ? At what hotels ?

2. To whom was he to have handed the drug ? Where ? When ? Is there a prearranged code so that
the carrier and the intended recipient recognise each other (e.g. Words, signs, or an article to
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show) ? What was he to have been paid ? When ? Where ? Obtain details that can lead to the
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identification of the individuals involved (First names, family names, description, accents, origins,
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etc.).
3. Make full use of all the information obtained during the investigations. Send to all countries that
may be concerned, because of the nationality of the individuals arrested, their place of residence,
the point of departure or destination of the drug, the place of transit, or for any other reason, all
information liable to be of interest, or to suggest lines of enquiry which will produce useful results
for the investigators working on the case. Do not fail to send the photographs and fingerprints of
all persons arrested.
The above points are few tips to the officers working in the Narcotic cell or those dealing in Narcotic
cases. If the officers follow these instructions meticulously, then the conviction rate increase.
OTHER RELEVANT ACTS AND RULES:
PITNDPS ACT (THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIS AND PSYCHOTROPIC

SUBSTANCES ACT 1988.
Under this Act the Government can detain any person (including a foreigner with a view to preventing him
from engaging in illicit traffic in Narcotic drugs and psychotropic substances.
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THERE ARE VARIOUS RULES LIKE

1. THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES 1985.
2. THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES CONSULTATIVE
COMMITTEE RULES 1988.
3. THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (EXECUTION OF BOND BY
CONVICTS OR ADDICTS) RULES 1985.
4. THE ILLEGALLY ACQUIRED PROPERTY (RECEIPT, MANAGEMENT AND DISPOSAL)
RULES 1989.
5. APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (CONDITION OF SERVICE OF
CHAIRMAN AND MEMBERS) RULES 1989.
6. APPELLATE TRIBUNAL FOR FORFEITED PROPERTY (FEES) RULES 1989.
7. THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AUTHENTICATION OF
DOCUMENTS) RULES 1992.
8. THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (REGULATION OF
CONTROLLED SUBSTANCES) ORDER 1993.
9. IN ADDITION THERE ARE VARIOUS STATE ACTS AND RULES.
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Disposal of seized/confiscated Narcotic Drugs and Psychotropic Substances after disposal of
cases.
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In a number of cases seized/confiscated narcotic drugs and psychotropic substances which were
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produced in the Courts as Muddamal articles, continue to lie in the courts even after the trial is concluded.
In a number of cases, the possession of such Muddamal articles has not been taken by the appropriate
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authorities for disposal thereof , even though the courts have passed appropriate orders with regard to
disposal of such Narcotics Drugs and Psychotropic Substances. With the increase in litigation and
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shortage of premises for storage of such seized articles, the courts also get exposed to the risk of
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pilfering, theft, substitution, abuse, misuse, etc.

It is requested that appropriate arrangements be made expeditiously for taking the possession
and disposal of seized drugs in respect of which the courts have passed appropriate orders.
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In other cases, where the trial is still pending, it is pre-trial disposal of seized drug as laid down in
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Standing Order no. 2/88 of NCB, New Delhi.

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[ Narcotics Control Bureau, New Delhi, Letter F. No. XXIV/19/99/I & I dt. 30.07.1999 ]
NARCOTICS CONTROL BUREAU

NEW DELHI
STANDING ORDER NO. 2/88
RECEIPT, CUSTODY, STORAGE AND DISPOSAL OF SEIZED CONFISCATED NARCOTIC DRUGS
AND PSYCHOTROPIC SUBSTANCES.
Consequent upon the enforcement of the Narcotic Drugs and Psychotropic Substances Act,
1985, with effect from 14.11.1985, the enforcement activities against drug traffickers in the country have
been stepped up resulting in seizures of huge quantities of narcotic drugs and psychotropic substances
(hereinafter referred to as the ‘drugs). For successful prosecution of drug offenders, it has been felt
necessary to formulate a uniform procedure for drawal of samples of the seized drugs, which from the
primary evidence in the course of prosecution proceedings before the courts of law keeping this in view,
the Narcotics Control Bureau; the Central Authority created under section 4(3) of the Narcotic Drugs and
Psychotropic Authority created 1985 (hereinafter referred to as the ‘new low’) which functions as the apex
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coordinating and enforcement agency in the country has formulated and circulated a Standing Order No.
1/88 dated 15.3.1988 .
2. Recognising the importance of despatch transit receipt, safe custody, storage, proper accounting
and disposal + destruction of the seized/confiscated drugs, and the need for evolving a uniform procedure
for regulating the above mentioned operations, both by the Central and State drug law enforcement
agencies in the country, the Narcotics Control Bureau has formulated the following procedure to be
complied with in this behalf.
3.1 All drugs should be properly classified, carefully weighted and sampled on the spot of seizure.
3.2 All the packages/containers should be serially numbered and kept in lots of sampling. The
procedure set out in Standing Order No. 1/88 referred to above should be scrupulously followed.
3.3 After sampling, detailed inventory of such packages/containers should be prepared for being
enclosed to the panchanama, Original, wrappers must also be preserved for evidentiary
purposes.
3.4 After completion of panchanama, the drugs should be packed, in heat sealed plastic bags. For
bulk quantities of ganja, instead of plastic bags, gunny bags may also be utilised wherever those
are not readily available.
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3.5 Agencies of the Central and State Government, who have been vested with the powers of
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investigation under the new law must specifically designate their godowns for storage purposes.
The godowns should be selected keeping in view their security angle, juxtaposition to courts, etc.
3.6
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All drugs must invariably to stored in safe and vaults provided with double-locking system.
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3.7 Such godowns, as a matter of rule, be placed under the overall supervision and charge of a
Gazetted Officer of the respective enforcement agency, who should exercise utmost care,
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circumspection and personal supervision, as far as possible. Such officers should not be below
the rank of Superintendent in the Departments of Customs, Central Excise, Directorate of
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Revenue Intelligence, Central Bureau of Narcotics, Narcotics Control Bureau, C.B.I., B.S.F., etc.,
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(Central agencies and Station House Officer/Officer-in-charge of a police station, Superintendent

of State Excise, Naib/Tehsildar of Revenue, Drug Control Department, etc. in the States and U.T.
enforcement agencies. They will personally be held accountable for safety and security of the
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drugs.
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3.8 Each seizing officer should deposit the drugs fully packed and sealed with his seal in the godown
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within 48 hours of seizure of such drugs, with a forwarding memo indicating.

(i) NDPS Crime No. as per crime and prosecution register under the new law (i.e. NDPS Act.)
(ii) Name (s) of accused
(iii) Reference of test memo
(iv) Description of drugs in the sealed packages/containers and other goods, if any.
(v) Drug-wise quantity of each package/container and other goods, if any
(vi) Drug-wise number of packages/containers
(vii) Total number of all packages/containers
Annexure I
3.9 The seizing officer, after obtaining an acknowledgement for such deposit in the format (Annexure
- I), will hand over the same to the Investigating Officer of the case along with the case dossiers
for further proceedings.
4.0 The officer-in-charge of the godown, before accepting deposit of drugs, will ensure that the drugs
are properly packed and sealed. He will also arrange the packages/containers (case-wise and lot-
wise) for quick retrieval, etc.
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4.1 The godown in-charge is required to maintain a register wherein entries of receipt should be
made (as per format at Annexure II).
Annexure II
4.2 It will be incumbent upon the Inspecting Officers of the various departments mentioned as
Annexure II to make visits to the godowns for ensuring adequate security and safety and for
taking measures for timely disposal of drugs. The Inspecting Officer should record their
remarks/observations against col. 15 of the Format at Annexure II.
4.3 The Heads of respective enforcement agencies (both Central and State Governments) may
prescribe such periodical reports and returns, as they may deem fit, to monitor the safe receipt,
deposit, storage, accounting and disposal of seized drugs.
Annexure III
4.4 While quarterly returns of disposal of drugs by the Central Government agencies concerned shall
be furnished to the Director-General, Narcotics Control Bureau by the 15th of the month following
the quarter (in the format at Annexure III), the sate enforcement agencies are required to submit
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their reports to the State Police Headquarters (CID) Director General, Narcotics Bureau informed
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of the same as per Annexure III.
Annexure IV
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4.5 Since the early disposal of drugs assumes utmost consideration and importance, the enforcement
agencies should obtain orders for pre-trial disposal of drugs and other articles (including
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conveyance, if any) by having recourse to the provisions of Section 451 of the Criminal Procedure
Code, 1973 (extracts enclosed at Annexure IV) and those of the provisions of section 110 (IA) ,
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(IB) and (IC) of the customs Act, 1962 read with Government of India’s notification No. 31/86-
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Cus. (AS) dated the 5th Februaray, 1986 issued in this behalf which specifies ‘Dangerous drugs
and psychotropic substances’.
4.6 While preferring the application under section 451 before the Court of Sessions immediately,
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emphasis may be laid on ‘expediency of disposal’ The grounds that may be high-lighted may
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pertain to,
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(i) risk of pilferage, theft and substitution

(ii) high potential and vulnerability of abuse
(iii) high temptations to traffickers
(iv) diminution in the value of other articles (including conveyances) due to long storage, etc.
4.7 Since the filling of the charge-sheet/plaint is a condition precedent for expeditious issue of orders
for pre-trial disposal, complaints by the respective enforcement agencies must be filed after
completion of investigation within the stipulated period of 90 days of seizure/arrest, on a priority
basis. They should meticulously be adhered to.
4.8 While moving the application under Section 451 of the Criminal Procedure Code as above,
production of all seized/articles/drugs, etc., along with the panchanama (in original) and detailed
Inventory thereof is essential. The inventory should be complete in all respects and contain such
particulars as may be relevant to establish nexus/identity of articles. The chemical analysis report
should also be simultaneously filed.
4.9 After the court orders are passed for pre-trial disposal of drugs, those drugs which have no
legitimate commercial value (excepting opium, morphine, codeine and thebaine, which are
required to be transferred to the Government Opium and Alkaloid Works Undertaking at Ghazipur
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or Neemuch, as the case may be) are required to be destroyed consistent with the guidelines
issued under this order and not repugnant to the court’s order.
5.0 As bulk of seizures of drugs relate to illicit import or export and are made at the points of entry or
exit or in transit traffic, such drugs are liable to seizure under section 110 of the Customs Act,
1962 and confiscation under section 111 or 113 ibid. In such cases, it would be appropriate to
initiate proceedings under the Customs Act also.
Annexure V
5.1 The relevant provisions of section 110 (IA), (IB) and (IC) are reproduced at Annexure-V.
5.2 A three member Committee of the respective enforcement agencies (both Central and States),
known as the Narcotics Drugs and Psychotropic Substances Disposal Committee should be
constituted to discharge its functions from the Head Quarters of the respective Heads of
Departments. The Committee will be headed by an officer not below the rank of –
(j) Deputy Commissioner of Customs and Central Excise with two members of the rank of
Assistant Commissioner of Customs and Central Excise in the case of a Customs and
Central Excise Commissionerate;
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(ii) Deputy Narcotics Commissioner with two members of the rank of Assistant Narcotics
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Commissioner in the case of Narcotics Commissioner’s Organisation;
(iii) Deputy Director of Revenue Intelligence with two members of the rank of Assistant
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Director in the case of the Directorate of Revenue Intelligence;
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(iv) Deputy Director and two other officers as may be authorised by the Director General,
Narcotics Control State Police Organisation;
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(v) Deputy Inspector General of Police with two members of the rank of Superintendent of
Police in respect of State Police Organisations; and
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(vi) Deputy Commissioner of Excise with two officers of the rank of Assistant Commissioners,
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in respect of State Excise Organisations.

The Committee will be directly responsible to the Head of the Department concerned.
5.3 The functions of the Committee will be to
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(a) undertake detailed analysis of drugs pending disposal

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(b) advise the respective investigating officers/supervisory officers on the steps to be initiated for
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export disposal.
The Committee will meet, as frequently as possible, as may be considered necessary for quick
disposal of drugs and at least once in two months. While the Central agencies will endorse a copy of the
minutes of such meetings directly to Narcotics Control Bureau, the State enforcement agencies
concerned will report the same to their respective state police Head Quarters (CID), who, in turn, will keep
the Narcotics Control Bureau informed of the progress made from time to time
5.4 The officers-in-charge of godowns will prepare a list of all such drugs that have become ripe for
disposal to the Chairman of the respective drug disposal committee. After examining that they are
fit for disposal and satisfying that they are no longer required for legal proceedings and the
approval of the court has been obtained for the purpose, the Members of the respective drug
disposal committees will endorse necessary certificates to this effect. The committee will,
thereafter, physically examine and verify the drug consignments will reference to the seizure
report and other documents like chemical analysis, etc., including its weighment and record its
finding in each case.
Note: The drugs become ripe for disposal after they are confiscated by the competent court or the
competent authority of the Customs on expiry of the period of appeal or when ordered by the
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court for disposal under section 451 of the Cr. P.C. 1973 or section 110 1(C) of the Customs Act,
1962.
5.5 In the case of tampering with seal, etc., the composite sample will be drawn for getting the same
tested by the Central Revenue Control Laboratory or the State Forensic Science Laboratory/State
Drug Control Laboratory concerned. If no variation either in purity or quantity is found, the same
will be ordered for destruction by the Department. Where any minor variations are noticed, a
detailed report should be submitted to the Head of the Department of the enforcement agency
concerned. In the case of wider variations, the matter should be immediately reported to the
Narcotic Control Bureau indicating the follow-up action taken in this regard. The destruction of
drugs in such cases can be done only after obtaining the orders of the Head of the Department
concerned.
5.6 The Committee will be empowered to order destruction of the seized drugs in the following cases:
Name of drug Quantity (Kgs)
Heroin 2
Hashish (Charas) 50
Hashish oil 10
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Ganja 500
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Cocaine 1
Mandrax 150
Other drugs
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The disposal Committee should intimate the Head of the Department concerned the programme
of destruction (giving complete details) in advance (at least 15 days be fore the date of destruction), so
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that in case he deems fit, he may either himself conduct surprise checks, or depute an officer for
conducting such surprise checks. The disposal Committee should inform the respective Heads of
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Departments in respect of every destruction made by it indicating the date of destruction, quantities
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destroyed, etc.
In those cases where the quantities exceed the above limits destruction could be ordered and
take place only under the supervision by the Head of Department himself along with the Chairman and
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Members of Drug Disposal Committee.

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5.7 All drugs excepting opium, morphine, codeine and thebaine shall be destroyed by incineration in
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such places where adequate facilities and security arrangements exist for the same after
ensuring that this will not be a health hazard from the point of view of pollution.
Annexure VI
5.8 A certificate of destruction (in triplicate) (annexure-vi) containing all the relevant data like godown
entry no., file no., gross and net weight of the drugs seized, etc., shall be prepared and duly
endorsed by the signature of the Chairman as well as Members of the Committee. This could
also serve the purpose of panchanama. The original copy will 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 will be kept by the Disposal Committee.
6. The procedure as outlined in Section II of the Opium Manual (Vol. III) will continue to apply for
drugs like opium morphine, codeine and thebaine. Disposal of poppy straw shall continue to be
regulated by the procedure as stipulated by the respective State Excise Department in this behalf.
7. Other goods (including conveyance) ripe for disposal may be disposed of by public auction or in
such manner as is deemed convenient in the best interests of the Government.
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ANNEXURE I
(Para 3.9)
GODOWN RECEIPT (No. II)
RECEIVED (No.) ………………………………..packages/containers said to contain ……………..

(Description of Drugs) sealed with the seal No. …………. of (Name & Designation) seizing officer and
entered into godown register vide entry No. …………………..
Facsimile of the seal……………………………
Place: Signature of the Officer-in-charge

Date: of godown with full name and
Time: official seal
ANNEXURE-II
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(Para 4.1)
FORMAT OF REGISTER REQUIRED TO BE

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MAINTAINED BY THE GODOWN IN CHARGE r.i
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N.C.B. III
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1. Godown entry S.No.

2. N.D.P.S. Crime No.
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3. Description of drugs in the scaled packages/containers and other goods, if any

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4. No. of packages/containers (drug-wise)

5. Quantity of drug (package/containerwise)
6. Particulars of the test memos.
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7. Name(s) and address(es) of accused

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8. Name with official designation and address of seizing/depositing officer

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9. Facsimile of the seal put on the packages/ containers by the seizing officer
10. Date and time of deposit
11. Particulars of exit and re-entry for exhibiting to court.
12. Date and time of removal for disposal
13. Disposal particulars including destruction or despatch to Central Govt. Opium Factory.
14. Certificate of disposal including price payment particulars, from Govt. Opium Factory, where
applicable.
15. Remarks of the Inspecting Officer(s)*
*Inspecting Officers: In the case of Central Enforcement Agency: (1) D.G.,NCB (2) Dy.D.G.,NCB(3)
Narcotics Commissioner of India (4) Dy. Narcotics Commissioners (5) D.G.,BSF,(7) Sr. Officers of CBI,
(8) Chief Commissioner, Customs & Central Excise, (9) Commissioner, Customs & Central Excise (10)
Assistant Commissioner of Customs and Central Excise.
In the case of State Enforcement Agency : (1) D.G. of Police (2) I.G. of Police (3) Dy. I.G.P. (4)
Superintendent of Police (5) State Excise Commissioner (6) Dy. Excise Commissioner (7) Superintendent
of Excise and Equivalent officer of State Govt. in the authorised departments.
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ANNEXURE
FORMAT OF QUARTERLY RETURN TO BE FURNISHED BY THE

CENTRAL ENFORCEMENT AGENCIES TO N.C.B.
Name of Opening Balance Receipts Qty. disposed Qty. Despatched Stock in Remarks
the drug as on Ist day of during by destruction to opium hand at the
the quarter the Qr. factories end of Qr.
1. 2. 3. 4. 5. 6. 7.
ANNEXURE III
PROVISIONS OF SECTION 110(1A) (1B) AND (IC)

OF THE CUSTOMS ACT, 1962.
110(IA): The Central Government may, having regard to the perishable or hazardous nature of any
goods, depreciation in value of the goods with the passage of time, constraints of storage space for
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goods, or any other relevant considerations, by notification in the Official Gazette specify the goods or the
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class of goods which shall, as soon as may be, after its seizure, under sub-section(1) be disposed of by
the proper officer in such manner as the Central Government may, from time to time, determine after
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following the procedure hereinafter specified.
110(1B ): Where any goods, being goods specified under subsection (1A) have been seized by a proper
officer under subsection (1), he shall prepare an inventory of such goods containing such details relating
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to their description, quality, quantity, mark, numbers, country of origin and other particulars as the proper
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officer may consider relevant to the identity of the goods in any proceedings under this Act and shall
make an application to Magistrate for purpose of :-
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(a) certifying the correctness of the inventory so prepared; or

(b) taking, in the presence of the magistrate photographs of such goods, and certifying such
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photographs as true; or
(c) allowing to draw representative samples of such goods, in the presence of the Magistrate,
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and certifying the correctness of any list of samples so drawn.

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110(1C): Where the application is made under sub-section (1B) the Magistrate shall, as soon as may be,
allow the application.
ANNEXURE IV
PROVISIONS OF SECTION 451 OF THE CRIMINAL PROCEDURE CODE, 1973
451. Order for custody and disposal of property pending trial in certain cases:-
When any property is produced before any criminal court during any enquiry or trial, the court
may take such order as it thinks fit for the proper custody of such property pending, the conclusion of the
enquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient
so to do, the court may, after recording such evidence as it thinks necessary, order it to be sold or
otherwise disposed of.
Explanation: For the purpose of this section “property” includes –

(a) Property of any kind or document which is produced before the count or which is in its
custody.
(b) Any property regarding which an offence appears to have been committed or which appears
to have been used for the commission of any offences.”
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ANNEXURE-VI (Para 5.9) (IN TRIPLICTE)

CERTIFICATE OF DESTRUCTION OF NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCES (PARA 9, 10 OF THE STANDING ORDER NO. /88 –DETAILS
OF THE DRUGS AND SUBSTANCES DESTROYED.
Particulars of Seizure case Godown Register As recorded in the Weight ascertained on

the drugs file ref. No. entry No. Godown register physical verification
(1) (2) (3) (4) (5)
Gross Wt. Net. Wt. Gross Wt. Net Wt.
(a) (b) (a) (b)
Name and address of Date/Place/Mode of

the witnesses destruction
(6) (7)
It is certified that a Committee consisting of S/Shri…………………………………………supervised

the destruction of narcotic drugs and psychotropic, substances particulars above, in the presence of
following witnesses.
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(delete whatever is not applicable).
SIGNATURE
WITH DATE
SIGNATURE
WITH DATE
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WITH DATE
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(CHAIRMAN) (MEMBER) (MEMBER)
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STANDING ORDER NO. 1/88

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DRAWAL, STORAGE, TESTING AND DISPOSAL OF SAMPLES FROM SEIZED NARCOTIC DRUGS
AND PSYCHOTROPIC SUBSTANCES – PROCEDURE
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1.1 It has been brought to the notice of this Bureau by the Chief Chemist, Central Revenues
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Control Laboratory that different investigating officers of various enforcement agencies

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adopt different Procedures in drawing samples from seized narcotic drugs and
psychotropic substances, particularly with regard to the number of samples drawn,
quantity of the sample, sealing, mode of packing, despatch of samples etc., to the
concerned laboratory, for test. It has also been found that handling of samples at different
stages and places may also become an issue of dispute during the trial, and hence a
clear and uniform procedure is necessary to avoid any doubt or confusion at any level.
With a view to bring uniformity of approach in such matters, and also to provide for a
secure system of handling of drug samples it is decided to standardise the procedure
with regard to drawing, forwarding and testing of samples.
1.2 It may be noted that all drugs and psychotropic substances, materials, apparatus
utensils, or any other articles in respect of which or by means of which any offence
punishable under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act,
1985 has been committed, are liable to confiscation under Section 60 of the Narcotic
Drugs and Psychotropic Substances Act. In other words, an act of omission, or
commission constituting an offence under Chapter IV of the Narcotic Drugs and
Psychotropic Substances Act, 1985 is only in relation to such narcotic drugs or
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psychotropic substances which are liable to confiscation. As such all offence under
N.D.P.S. Act have to be proved only in relation to such drugs or psychotropic substances
which are liable to confiscation.
1.3 All illicit narcotic drugs or psychotropic substances recovered from a person, place,
conveyance etc. are material evidence as they are liable to confiscation. Further, they
constitute primary evidence for any act, omission or commission on the part of a person
rendering him liable for punishment under Chapter IV of the N.D.P.S. Act, 1985. Most of
the narcotic drugs and psychotropic substances cannot be conclusively proved to be
such drugs or substances merely by visual examination in the trial Court and they require
to be proved by chemical analysis to be conducted by chemists authorised under section
293 of Cr.P.C. 1973. The provisions of subsection 4 of section 293 of Cr.P.C. are
reproduced hereunder for ready reference:-
‘293 (4) :-‘
This section applies to the following government scientific experts, namely :-
(a) any Chemical Examiner or Assistant Chemical Examiner to Governmenrt.
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(b) The Chief Inspector of Explosives;
(c) The Director of Finger-print Bureau;

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(d) The Director Hoffkin Institute of Bombay;
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(e) The Director(Deputy Director or Assistant Director) of a Central Forensic Science Laboratory
or a State Forensic Science Laboratory;
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(f) The Serologist to the Government.

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Note :- Sub – Section (4) of section 293 has been amended to include Deputy Directors and
Assistant Directors of Central and State Forensic Science Laboratories in the list of
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Government Scientific experts.

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Government of India vide notification No.74F.No. 50/53/76-Ad.II dated 17th July 1976 as
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amended vide notification dated 2nd February 1977 have declared chemists of different grades
working in Central Revenues Control Laboratories as Chemists to Government for the purpose of
section 293 of Cr. P. C.
1.4 If the drugs seized are found in packages / containers the same should be serially
numbered for purposes of identification, In case the drugs are found in loose form the
same should be arranged to be packed in unit containers of uniform size and serial
numbers should be assigned to each package / container. Besides the serial number, the
gross and net weight, particular of the drug and the date of seizure should invariably be
indicated on the packages. In case sufficient space is not available for recording the
above information on the package, a Card Board label, should be affixed with a seal of
the seizing officer and on this Card Board label, the above details should be recorded.
1.5 Place and time of drawal of sample
Samples from the Narcotic Drugs and Psychotropic Substances seized, must be drawn on the
spot of recovery, in duplicate, in the presence of search (Panch) witnesses and the person from
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whose possession the drug is recovered, and mention to this effect should invariably be made in
the panchnama drawn on the spot.
1.6 Quantity of different drugs required in the sample
The quantity to be drawn in each sample for chemical test should be 5 grams in respect of all
narcotic drugs and psychotropic substances except in the cases of Opium, Ganja and Charas /
Hashish where a quantity of 24 grams in each case is required for chemical test. The same
quantities should be taken for the duplicate sample also. The seized drugs in the packages /
containers should be well mixed to make it homogeneous and representative before the sample
in duplicate is drawn.
1.7 Number of samples to be drawn in each seizure case
(a) In the case of seizure of single package/container one sample in duplicate is to be drawn.
Normally it is advisable to draw one sample in duplicate from each package/container in case
of seizure of more than one package/container.
(b) However, when the package/container seized together are of identical size and weight,
bearing identical markings and the contents of each package give identical results on colour
test by U.N. kit, conclusively indicating that the packages are identical in all respect / the
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packages / container may be carefully bunched in lots of 10 packages / containers may be
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bunched in lots of 40 such packages such packages / containers. For each such lot of
packages / containers, one sample in duplicate may be drawn.
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(c) Whereaftar making such lots, in the case of Hashish and Ganja, less than 20 packages /
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containers remains, and in case of other drugs less than 5 packages / containers remain, no
bunching would be necessary and no samples need be drawn.
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(d) If it is 5 or more in case of other drugs and substances and 20 or more in case of Ganja and
Hashish, one more sample in duplicate may be drawn for such remainder package /
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containers
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(e) While drawing one sample in duplicate from a particular lot, it must be ensured that
representative drug in equal quantity is taken from each package / container of that lot and
mixed together to make a composite whole from which the samples are drawn for that lot.
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Subject to the detailed procedure of identification of packages / containers, as indicated in

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para 1.4 each package / container should be securely sealed and an identification slip pasted
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/ attached on each one of them at such place and in such manner as will avoid easy
obliteration of marks and numbers on the slip. Where more than one sample is drawn, each
sample should also be serially numbered and marked as S-1, S-2, S-3 and so on, both
original and duplicate sample. It should carry the serial number of the packages and marked
as P-1, 2, 3, 4 and so on.
1.9 It needs no emphasis that all samples must be drawn and sealed in the presence of the
accused, Panchnama witnesses and seizing officer and all of them shall be required to put
their signatures on each sample. The official seal of the seizing officer should also be affixed.
If the person from whose custody the drugs have been recovered, wants to put his own seal
on the sample, the same may be allowed on both the original and the duplicate of each of the
samples.
1.10 Packing and sealing of samples :
The sample in duplicate should be kept in heat sealed plastic bags as it is convenient and
safe. The plastic bag container should be kept in a paper envelope may be sealed properly.
Such sealed envelop may be marked as original and duplicate. Both the envelops should
also bear the S. No. of the package (s) / container (s) from which the sample has been
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drawn. The duplicate envelope containing the sample will also have a reference of the test
memo. The seals should be legible. This envelope along with test memos should be kept in
another envelope which should be also be sealed and marked “secret-Drug sample/Test
memo” to be sent to the concerned chemical laboratory.
1.11 Laboratories to which samples may be sent
The seizing officers of the Central Government Departments viz. Customs, Central
Excise, Central Bureau of Narcotics, Narcotics Control Bureau, D.R.I., etc. should despatch
samples of the seized drugs to one of the Laboratories of the Central Revenues Control
Laboratory nearest to their offices depending upon the availability of test facilities. The addresses
of the Dy. Chief Chemists of the Central Revenues Control Laboratories are given below:
1. General Manager, Govt. Opium and Alkaloid Works, Ghazipur (U.P.).
2. General Manager, Govt. Opium and Alkaloid Works, Neemuch (M.P.).
3. Chief Chemist, Central Revenue Control Laboratory, Pusa Road(IARI), New Delhi.
4. Dy. Chief Chemist, Office of the Collector of Customs House, Chennai 600 001.
5. Dy. Chief Chemist, Chemical Laboratory, Customs House, Calcutta 1.
6. Dy. Chief Chemist, New Customs House, Ballard Estate, Mumbai 400 038.
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7. Dy. Chief Chemist, Central Excise Laboratory, Estrella Batteries Compound, Dharavi Road,
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Mumbai 400 019.
8. Chemical Examiner, Office of the Commissioner of Customs, Customs House, Cochin 9.
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9. Chemical Examiner, Central Excise Laboratory , Yashkamal, Building, 8th floor, Baroda 5
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(Gujarat).
10. Chemical Examiner, Central Excise Laboratory, Central Excise Laboratory, CORIL Refinery,
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Vishakhapatnam (A.P.)
11. Chemical Examiner, Customs House, Kandla, Gujarat.
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12. Chemical Examiner, Customs House, Laboratory, Sada, MARMUGOA GOA 403803.
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13. Chemical Examiner, Central Excise Laboratory, Assam Oil Refinery, Dibboi (Assam).
14. Chemical Examiner, Central Excise Laboratory, Bureau Oil Refinery, Distt. Begusarai (Bihar).
15. Chemical Examiner, HPCL, Refinery, Corridor Road, Trombay, Mumbai 400 074.
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The other Central Agencies like B.S.F., C.B.I. and other Central Police organisations may send
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such samples to the Director, Central Forensic Laboratory, New Delhi. All State Enforcement Agencies
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may send samples of seized drugs and psychotropic substances to the Director/Deputy Director/Assistant
Director of their respective State Forensic Science Laboratory.
The Addresses of State Forensic Science Laboratories are given below:
1. Director, Forensic Science Laboratories, Govt. of Bihar Patna-800 023.
2. Director, Police Forensic Science Laboratory, Rajasthan, Nehru Nagar, Jaipur-6.
3. Director, Forensic Science Laboratory, Mini Punjab Secretarial, Plot No. 2, Sector 9-A,
Chandigarh.
4. Director, State Forensic Science Laboratory, Rasulgarh, Bhubaneshwar-10 (Orrisa).
5. Director, Forensic Science Laboratory, Haryana Madhuban (Karnal).
6. Director, Forensic Science Laboratory, Andhra Pradesh, Red Hills, Hyderabad-4.
7. Director, Forensic Science Laboratory, Trivendram-10.
8. Director, State Forensic Science Laboratory, Govt. of West Bengal, Balgachia Road,
Calcutta-37.
9. Director, Forensic Science Laboratory, 5-Miller Road, Om Mehal Building, Bangalore-560052.
10. Director, Forensic Science Laboratory, Assam, Kahitapara, Guwahati-19.
11. Director, Forensic Science Laboratory, Forensic House, Kamaragar Slai, Mysore, Madras-4.
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12. Director, Forensic Science Laboratory, Gujarat State, New Mental Corner, Ahmedabad-
380016.
13. Director, Forensic Science Laboratory, Maharashtra State, Vidyanagari, Kalina, Santacruz
(East), Mumbai-400 098.
14. Director, Forensic Laboratory, Civil Lines, Sagar (M.P) –470 001.
15. Director, Forensic Science Laboratory, Mahanagar, Lucknow (U. P.).
16. Director, Forensic Science Laboratory, Sector 18, Chandigarh.
17. Director, Forensic Science Laboratory, Bureau of Police Research and Development (MHA),
Govt. of India, O.V. Campus, Ramnathpur, Hyderabad – 500 013.
18. Director, Central Forensic Science Laboratory, C.B.I., Block-4, C.G.O. Complex, Lodhi Road,
New Delhi.
19. Assistant Director, Forensic Science Laboratory, Junagarh (Gujarat).
20. Chemical Examiner to the U.P. Govt., Agra (U.P.).
21. Govt. Examiner of questioned documents, Railway Board Building, Simla (HP)
22. Director, Forensic Science Laboratory Opposite C.D. Hospital, Sri Nagar (J.K.)
1.12 Test Memo
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The Samples of seized drugs or substances should be despatched to the respective laboratories
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under the cover of a Test Memo which shall be prepared in triplicate in proforma NCB-I. This test
memo will be serially numbered for each unit effecting the seizure. The seizing officer will
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carefully fill-up column 1 to 8 of the Test Memo and put his signature with official seal. The
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original and duplicate of the Test Memo should be sent to the Laboratory concerned alongwith
the samples. The triplicate shall be retained in the case file of the seizing officer.
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1.13 Mode and time limit for despatch of sample to Laboratory.

The samples should be sent either by insured post or through special messenger duly authorised
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for the purpose. Despatch of samples by registered post or ordinary mail should not be resorted
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to. Samples must be despatched to the Laboratory within 72 hours of seizure to avoid any legal
objection.
1.14 Each Unit of every Enforcement Agency will maintain a Register of samples to monitor the
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progress of testing, which will have the following columns:-

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Crime No. Date of Seizure Name & Address of offender Description of seized drugs
and yet qty.
1 2 3 4
Name of the officer drawing S. No. of samples and S. No. of Test Memo Reference
and despatching the sample. Packages/containers from
which samples were drawn.
5 6 7
Name & Designation of The authority to whom Date of receipt of analysis

custodian of sample. Despatched. Result and Its reference.
8 9 10
Results in brief Date of receipt of remnant Date of Destruction/ disposal of

sample. remnant samples.
11 12 13
Date of destruction/disposal Remarks

of duplicate samples.
14 15
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The register should be received once a month by the Head of unit and once in three months by the
supervising officer.
1.15 Receipt in the Laboratory.
The sealed envelope containing the samples received in the Laboratory concerned should be
carefully opened so as to preserve the seals on the envelope to be sent back along with the report on the
test for evidence purposes. In the laboratory every sample received for test must be given a distinct
Laboratory number. A separate register for Narcotic Drugs and Psychotropic Substances shall be
maintained. The Laboratory may further sub-divide the register Agency-wise. The Laboratory number
should form a continuous series, beginning on the 1st January every year and ending on the 31st
December. The sample clerk must enter the laboratory number and the date of registration on the Test
Memo and enter the same number with date of registration on the label of the sample container. Often
there may be number of samples coming under once Test Memo, each sample must be given a separate
number and all the numbers must be entered on the Memo.
The samples and memos having been marked with Laboratory numbers should be entered in a
Register. The headings of the columns in the register will be as indicated below: -
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S. No. Date of receipt Name of the officer drawing Test Memo
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(Lab. No.) & despatching the sample Ref. & Date
1 2 3 4
Description of the drug To whom allotted

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as per the Test Memo chemist with his signature
5 6 7
Details of Test results Date of despatch of Remarks

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remnant samples
8 9 10
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Note: Columns & 6 should be filled up respectively at the time of actual forwarding of the sample to the
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concerned chemist.
Allotment of Samples
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Samples of narcotic drugs and psychotropic substances should be taken to the chemical
examiner or such officer in the Laboratory for this purpose. He will mark the sample to a chemist. While
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so doing the chemical examiner or such officer will kept in view the provisions of section 293 of Cr. P.C.
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The sample clerk will hand over the sample and test memos to the chemist named as above and obtain
his initial for receipt in his register. All drug samples must reach such chemist the same day and the
chemist will keep the samples in his safe custody under lock and key in his steel almirah, provided for the
purpose.
Examination of sample with reference to Test Memo

On receipt of the samples such chemist will examine the same and record its weight in the Test
Memo. He will compare the markings on the Test Memos with the markings on the packages/containers.
It will be his responsibility to ensure that he tests the relevant sample.
Expeditious test
Expeditious analysis of narcotic drugs and psychotropic substances is of essence to all
proceedings under N.D.P.S. Act, 1985. In many cases the court may refuse to extend
Police/judicial remand beyond 15 days in the absence of a chemical report. Accordingly, it is
essential that the analysis is completed and the report is despatched within 15 days from the date
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of receipt of the sample. However, where quantitative analysis requires longer time, the results of
the qualitative test should be despatched to the officer from whom the samples were received
within the aforesaid time limit on the original copy of the Test Memo so that court proceedings
can start immediately. In the next 15 days the results of quantitative test (purity of the drug)
should also be indicated on the duplicate test memo and sent to the officer from whom the
samples were received.
1.18 Test Register
All results both the qualitative and quantitative tests should be entered into the Register of
samples (para 1.15). This register is intended to serve as a reference and as such should be
quite durable, It should carry the results and the date of despatch with reference to the Test
Memo. There should be clear and adequate reporting of the results in the Test Memo. As soon as
the analysis is over the test result should be despatched by registered post in the name o the
officer who forwarded the sample for test.
1.19 Remnants of samples
Remnants of all narcotic drugs and psychotropic substances samples should be returned with
reference to the Test Memo to the analysis of the drug.
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1.20 Custody of duplicate sample
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Duplicate sample of all seized narcotic drugs and psychotropic substances must be preserved
and kept safety in the custody of the Investigating officer alongwith the case property. Normally
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duplicate sample may not be used but in case of loss of original sample in transit or otherwise or
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on account of trial court passing an order for a second test, the duplicate sample will be utilise.
1.21 Disposal of Test Memo
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As soon as the test result in original or duplicate or both test memos are received, the same will
be filed in the Court, trying the case, alongwith charge-sheet / complaint by the Investigating
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officer. He will keep an attested copy of the same in his case file.
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1.22 Disposal of Remnant sample/duplicate sample and the drug

At present, the remnant sample/duplicate sample and seized narcotic drugs and psychotropic
substances can be disposed of after the proceedings of prosecution id over or by obtaining an
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order from such court under section 110 of the Customs Act, 1962 and/or 451 of Cr. P.C. While
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obtaining the order of the court under the aforesaid section it is necessary that specific order in
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respect of the remnant sample/duplicate sample is also obtained .

After such order has been obtained, the drug or substance along with the samples
including remnants shall be disposed of in the manner prescribed. Please acknowledge the
receipt of the standing order.
STANDING ORDER NO. 1/89 Dated 13th June, 1989.
‘Whereas the Central Government considers it necessary and expedient to determine the manner
in which the narcotic drugs and psychotropic substances, as specified in Notification No.4/49
dated the 29th May, 1989 (F.No. 664/23/89-Opium, published as S.O. 381 (E), which shall, as
soon as may be, after their seizure, be disposed of, having regard to their hazardous nature,
vulnerability to theft, substitution and constraints of proper storage space:
SECTION 1 – DRUGS MEANT FOR DISPOSAL

Drugs 1. Narcotic Drugs :
Specified in 1) Opium
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Notification 2) Morphine
No. 4/89 3) Heroin
Drugs meant 4) Ganja
For disposal 5) Hashish (Charas)
Specified 6) Codeine
7) Thebaine
8) Cocaine
9) Poppy straw; and
10) Any other manufactured drug as under clause (xi)
Of section 2 of the Act.
Psychotropic Substances :
1) Methaqualone,
2) T.H.C.,
3) Amphetamine and
4) Any other psychotropic substance, as defined under
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Clause (xxiii) of section 2 of section 2 of the said Act.
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SECTION II – GENERAL PROCEDURE FOR
SAMPLING, STORAGE, Etc.
Sampling 2.1
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All drugs shall be properly classified, carefully, weighed and samples on
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Classification, the spot of seizure.
Etc. of drugs
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Drawal of 2.2 All the packages/ containers shall be serially numbered and kept in lots for
Samples Sampling. Samples from the narcotic drugs and psychotropic substances seized,
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shall be drawn on the spot of recovery, in duplicate, in the presence of search

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witnesses (Panchas) and the person from whose possession the drug is recovered,
and a mention to this effect should invariably be made in the panchnama drawn on
the spot.
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Quantity to 2.3 The quantity to be drawn in each sample for chemical test shall not be less than
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Be drawn for 5 grams in respect of all narcotic drugs and psychotropic substances save in the
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the sampling cases of opium, ganja and charas (hashish) where a quantity of 24 grams in
each case is required for chemical test. The same quantities shall be taken for
duplicate sample also. The seized drugs in the packages / containers shall be
Be well mixed to make it homogeneous and representative before the sample (in
Duplicate) is drawn.
Method of 2.4 In the case of seizure of a single package / container, one sample in duplicate
drawal shall be drawn. Normally, it is advisable to draw one sample (in duplicate) from
(a) Single each package / container in case of seizure of more than one package /
Container / package container.
(b) 2.5 However, when the packages/ containers seized together are of identical size
Bunch of and weight, bearing identical markings and the contents of each package given
packages/ identical results on colour test by the drug identification kit, conclusively
package indicated that the packages are identical in all respects the packages /
containers except in the case of ganja and hashish ( charas), where it may be
bunched in lots of, 40
Such packages / containers, one sample (in duplicate) may be drawn.
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Bunching for 2.6 Where after making such lots, in the case of hashish and ganja, less than 20
(i) Hashish packages/containers remain, and in the case of other drugs, less than 5
and ganja packages/containers remain, no bunching would be necessary and no samples
need be drawn.
(ii) other 2.7 If such remainder is 5 or more in the case of other drugs and substances and 20
drugs or more in the case of ganja and hashish, one more sample (in duplicate) may be
drawn for such remainder/container.
Drawal of 2.8 While drawing one sample (in duplicate) from a particular lot, it must be ensured
representative that sample are in equal quantity is taken from each quantity is taken from each
samples: package/container of that lot and mixed together to make a composite whole
from which the samples are drawn for that lot.
Storage of 2.9 The sample in duplicate should be kept in heat sealed plastic bags as it is
samples - convenient and safe. The plastic bag container should be kept in a paper
procedure envelope which may be sealed properly. Such sealed envelope may be marked
as original and duplicate. Both the envelopes should also bear the S.No. of the
package (s)/container (s) from which the sample has been drawn. The duplicate
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envelope containing the sample will also have a reference of the test memo. The
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seals should be legible. This envelope along with test memos should be kept in
another envelope which should also be sealed and marked ‘secret-drug’
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sample/Test memo’, to be sent to the chemical laboratory concerned.
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Despatch of 3.0 The seizing officers of the Central Government Departments, viz., Customs,
samples for Central Excise, Central Bureau of Narcotics, Narcotics Control Bureau,
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testing: To Directorate of Revenue Intelligence, etc. should despatch samples of the seized
whom to be drugs to one of the Laboratories of the Central Revenues Control Laboratory
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sent? nearest to their offices depending upon the availability of test facilities. The other
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Central Agencies like BSF, CBI and other Central Director, Central Forensic
Laboratory, New Delhi. All State Enforcement Agencies may send samples of
seized drugs to the Director/Deputy Director/Assistant Director of their respective
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State Forensic Science Laboratory.

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Preparation 3.1 After sampling, detailed inventory of such packages/containers shall be prepared
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of Inventory for being enclosed to the panchnama. Original wrappers shall also be preserved
for evidentiary purposes.
SECTION III – RECEIPT OF DRUGS IN

GODOWN AND PROCEDURE
Custody of 3.2 All the drugs invariably be stored in safes and vaults provided with double-locking
Drugs in system. Agencies of the Central and State Governments, may specifically.
Godowns –
Storage designate their godowns for storage purposes. The godowns should be selected
Procedure keeping in view their security angle, juxtaposition to courts, etc.
Maintenance 3.3. Such godowns, as a matter of rule, shall be placed under the over-all supervision
of godowns and charge of a Gazetted Officer of the respective enforcement agency, who
and procedure for shall exercise utmost care, circumspection and personal supervision as far as
deposit of possible.
Drugs Each seizing officer shall deposit the drugs fully packed and sealed in the
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godowns within 48 hours of such seizure, with a forwarding memo indicating

NDPE Crime No. as per Crime and Prosecution (C & P Register) under the new
law, name of the accused, reference of test memo, description of the drugs, total
no. of packages/containers, etc.
Acknowled- 3.4 The seizing officer, after obtaining an acknowledgement for such deposit in the
gement format (Annexure-I), shall had acknowledgement over such to the Investigating
to be obtained Officer of the case along with the case dossiers for further proceedings.
Action to 3.5 The Officer-in-charge of the godown, before accepting the deposit of drugs,
be taken by shall ensure that the same are properly packed and sealed. He shall also
Godown-in- arrange the packages/containers (case-wise and lot-wise) for quick
charge before retrieval, etc.
Acceptance of
drugs for deposit
Maintenance 3.6 The godown-in-charge is required to maintain a register wherein entries of
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of godown receipt should be made as per format at Annexure-II.
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register
Inspection 3.7
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It shall be incumbent upon the Inspecting Officers of the various Departments
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by Inspecting mentioned at Annexure-Ii to make frequent visits to the godowns for ensuring
Officer adequate security and safety and for taking measures for timely disposal of drug.
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The Inspecting Officers should record their remarks/observations against Col.15

of the Format at Annexure-II.
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Prescription 3.8 The Heads of the respective enforcement agencies (both Central and State
of periodical Governments) may prescribe such periodical reports and returns, as they may
reports and deem fit, to monitor the safe receipt, deposit, storage, accounting and disposal
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returns of seized drugs.

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Pre-trial 3.9 Since the early disposal of drugs assumes utmost consideration and importance,
disposal of the enforcement agencies may obtain orders for pre-trial disposal of drugs and
drugs other articles (including conveyance, if any) by having recourse to the provisions
of sub-section (2) of section 52A of the Act.
Follow-up SECTION IV – ACTION TO BE TAKEN BY

action to be POLICE AND OTHER EMPOWERED
taken by OFFICERS FOR PRE – TRIAL DISPOSAL
Police and
Empowered
officers 4.0 Where any narcotic drug of psychotropic substance has been seized and
forwarded to the officer-in-charge of the nearest police station or to the officer
empowered under section 53, the officer, referred to in paragraph 3.3 …………of
the order shall prepare an inventory of such narcotic drugs or psychotropic
substances containing such details relating to their description, quality, quantity,
mode of packing, marks, numbers of such other identifying particulars of the
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narcotic drugs or psychotropic substances of the packing in which they are

packed, country of origin and such other particulars as may be considered………
relevant to the identity of the aforesaid drugs in any proceedings under the Act
and make an application to any Magistrate for the purpose of -
Application (a) certifying the correctness of the inventory so prepared; or
to Magistrate (b) taking, in the presence of such Magistrate, photographs of such drugs or
for pre-trial substances and certifying such photographs as true; or
(c) allowing to draw representative samples of such drugs or substances, in the
presence of such Magistrate and certifying the correctness of any list of samples
so drawn.
Magistrate 4.1 Where an application is made under sub-section (2) of the section 52A of Act, the
to allow Magistrate shall, as soon as may be, allow the application.
Application
Courts to 4.2 Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872)
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treat or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying an
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documents offence under this Act, shall treat the inventory, the photographs, or narcotic
and list of drugs or psychotropic substances and any list of samples drawn under sub-
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section (2) and certified by the Magistrate, as primary evidence in respect of
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samples such offence.
certified by
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Magistrate as
“primary
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evidence’
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Grounds to 4.3 While preferring an application under section 52A to any Magistrate, emphasis
be enumerate may be laid on ‘expediency of disposal’. The ground that may be high-lighted
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in application may pertain to -

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(i) risk of pilferage, theft and substitution;

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(ii) constraints of storage and hazardous nature;

(iii) high potential and vulnerability of abuse;
(iv) high temptations to traffickers;
(v) diminution in the value of other articles (including conveyances) due to
long storage, etc.
Filling of 4.4 Since the filing of charge-sheet/complaint is condition precedent for expeditious
Charge-sheet/ issue of orders for pre-trial disposal, for expeditious issue of orders for pre-trial
Plaint disposal, complaints by the respective enforcement agencies must be filed after
Completion of investigation within the stipulated period of 90 days of
seizure/arrest , on a priority basis. This requires to be meticulously adhered to.
Documents 4.5 While moving the application under sub-section (2) of section 52A of the Act as
to accompany above, production of all seized articles/drugs, etc. along with the panchnama
Application (in original) and detailed inventory thereof is essential. The inventory shall
Be complete in all respects and contain such particulars, as may be relevant to
Establish nexus/identity of articles. The chemical analysis report should be
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Simultaneously filed.
Mode of 4.6 After the court orders are passed for pre-trial disposal of drugs, those drugs
disposal of drugs which have no legitimate value (excepting opium, morphine, codeine and the-
on which court’s ,baine, which are required to be transferred to the Government Opium and
orders obtained Alkaloid Works Undertaking at Ghazipur or Neemuch, as the case may be) are
required to be destroyed consistent with the guidelines issued under this order
and not repugnant to the court’s order.
Application 4.7 As bulk of seizures of drugs relate to illicit import and are made at the points of
of Customs entry or exit or in transit traffic, such drugs are liable to seizure under section 110
Act of the Customs Act, 1962 and confiscation under sections 110 or 113 ibid. In
such cases, it would be appropriate to initiate proceedings under the Customs.
Act also.
SECTION 5 – CONSTITUTION &

FUNCTIONS OF DRUG DISPOSAL COMMITTEE
Constitution 5.0 A three Members Committee of the respective enforcement agencies (both
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of Drug Central and States), known as the “Narcotic Drugs and Psychotropic Substances
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Committee Disposal Committee” should be constituted to discharged its functions from the
Headquarters of the respective Heads of Departments. The Committee will be
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headed by an officer not below the rank of –
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(i) Deputy Collector of Customs and Central Excise with two Members of
the rank of Customs and central Excise in the case of Customs and
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Central Excise Collectorate;

(ii) Deputy Narcotics Commissioner with two members of the rank of
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Assistant Narcotics Commissioner in the case of Narcotics

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Commissioner’s organisation;
(iii) Deputy Director of Revenue Intelligence with two members of the rank of
Assistant Director in the case of Directorate of Revenue Intelligence;
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(iv) Deputy Director and two other officers, as may be authorised by the
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Director General, Narcotics Control Bureau in the case of that

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organisation;
(v) Deputy Inspector-General of Police with two members of the rank of
Superintendent of Police in respect of State Police Organisations; and
(vi) Deputy Commissioner of Excise with two officers of the rank of Assistant
Commissioners, in respect of State Excise Organisations.
5.1 The Committee will be directly responsible to the Head of the Department
concerned.
Functions 5.2 The functions of the Committee will be to,

(a) undertake detailed analysis of drugs pending disposal, and
(b) advise the respective investigation officers/supervisory officers on the steps
to be initiated for expeditious disposal.
Meeting by 5.3 The Committee shall meet, as frequently as possible, as may be considered
the necessary for quick disposal of drugs and at least once in two months. While the
Committee Central agencies shall endorse a copy of the minutes of such meetings directly to
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the Narcotics Control bureau, the State enforcement agencies concerned shall
report the same to their respective State Police Headquarters (CID), who, in turn,
may keep the Narcotics Control Bureau informed of the progress made from time
to time.
Procedure to 5.4 The officers-in-charge of godowns shall prepare a list of all such drugs that have
be followed become ripe for disposal to the Chairman of the respective drug disposal
by the committee. After examining that they are fit for disposal and satisfying that they
Committee for legal proceedings and the approval of the court has been obtained for the
with regard purpose, the Members of the respective drug disposal committee shall endorse
to disposal of necessary certificates to this effect. The committee shall, thereafter, physically
drugs examine and verify the drug consignments with reference to the seizure report
and other documents like chemical analysis, etc., including its weighment and
record its findings in each case.
Variation in 5.5 The composite sample shall be drawn for getting the same tested by the Central
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chemical Revenues Control Laboratory or the State Forensic Science Laboratory/State
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analysis Drug Control Laboratory concerned. If no variation, either in the purity or
report - quantity is found, the same shall be ordered for destruction by the Department.
Further
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Where any minor variations are noticed, a detailed report may be submitted to
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action to be the Head of the Department of the enforcement agency concerned. In the case of
taken wider variations, the matter should be immediately reported to the Narcotics
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Control Bureau indicating reported the following-up action taken in this regard.
The destruction of drugs in such cases can be done only after obtaining the
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orders of the Head of the Department concerned.

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Power of 5.6 The Committee shall be empowered to order destruction of the seized drugs
Committee in the following cases :
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For
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Destruction of Name of drug Quantity (Kgs.)

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Seized drugs
1. Heroin 2
2. Hashish (Charas) 50
3. Hashish oil 10
4. Ganja 500
5. Cocaine 1
6. Mandrax 150
7. Other drugs upto value of Rs. 5 lakhs
Intimation 5.7 The disposal Committee shall intimate the Head of the Department concerned
To Head of the programme of destruction (giving complete details) in advance (at least 15
Deptt. on days before the date of destruction), so that, in case he deems fit, he may either
destruction himself conduct surprise checks, or depute an officer for conducting such
surprise checks. The disposal Committee should inform the respective Heads of
Departments in respect of every destruction made by indicating the date of
destruction, quantities made by it indicating the date of destruction, quantities
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destroyed, etc
Quantities 5.8 In those cases where the quantities exceed the above limits, destruction shall
In excess of be ordered and take place only under the supervision by the Head of the
delegation- Department himself along with the Chairman and Members of the Drug Disposal
Procedure to Committee.
be followed:
Mode of 5.9 All drugs excepting opium, morphine, codeine and the baine shall be destroyed
Disposal of by incineration in such places where adequate facilities and security
Drugs arrangements exist for the same after ensuring that this may not be a health
Hazard from the point of view of pollution. Open destruction of such drugs may
also be resorted to, wherever considered feasible and necessary, after due
publicity to gain the confidence of public. Wide publicity, in such cases, would be
consequential.
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SECTION VI – MISCELLANEOUS
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Certificate 6.0 A certificate of destruction (in triplicate) Annexure-III of containing all the relevant
of destruction data like godown entry no., file no., gross and net weight of the drugs seized,
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etc., shall be prepared and duly endorsed by the signature of the Chairman as
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well as Members of the Committee. This could also serve the purpose of
panchnama. The original copy shall be pasted in the godwon register after
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making necessary entries to this effect, the duplicate to be retained in the seizure
case file and the triplicate copy will be kept by the Disposal Committee.
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6.1 The procedure as outlined above should be followed by all Central and State
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endorsement agencies concerned. Other goods (including conveyance), ripe for

disposal may be disposed of by public auction or in such manner as is deemed
convenient in the best interests of the Government.
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PROSECUTION UNDER N.D.P.S. Act, 1985- Various Facets

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Drug control legislation has, as it primary aim, the prosecution of public welfare by preserving
health and eliminating undesirable social and moral effects commonly associated with the indiscriminate
use of narcotic drugs and psychotropic substances. Commercial traffic in deadly mind, soul and body-
destroying drugs is beyond doubt one of the greatest evils of our time. It cripples intellect, dwarf bodies,
paralyses the progress of a substantial segment of our society, and frequently makes hopeless and
sometimes violent and murderous criminals of persons of all ages who become its victims. The links
between illicit traffic and other related organized criminal activities, which undermine the legitimate
economies and threaten the stability, security and sovereignty of State, have been definitely established.
It also cannot be disputed that illicit traffic generates large financial profits and wealth enabling
transnational criminal organization to penetrate, legitimate commercial and financial business, and society
at all its levels. Such consequences call for the most vigorous laws to suppress the traffic as well as the
most powerful efforts to put these vigorous laws into effect. Accordingly the Narcotic Drugs &
psychotropic substances Act was enacted in they year 1985, and to make it more effective and powerful,
it was amended in the year 1989.
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Substantive and procedural principles generally prevailing in favour of the subjects have been
restricted or excepted. Culpable mental state of the accused, wherever required, is to be presumed, and
it is for the accused to prove its absence beyond reasonable doubt (s.35). The Court is empowered to
raise a presumption against the accused that he has committed an offence under Chapter IV of the Act if
he fails to account satisfactorily for the possession of an incrimination article under the Act.(S.54).
Further, the Court is required to raise a reputable presumption as to the admissibility and proof of any
document where such document is produced or furnished by any; person or is seized from him under this
Act or under any other law i.e. like Custom & FERA, or which has been received from any place outside
India during the investigation of an offence under the Act (S.66). Thus, the burden of proof on the
prosecution has been lightened to a great extent. Further, an incriminating statement made by a person
before officer authorised under S.53 of the act is admissible in evidence and is not hit by S.25 of the
Evidence act. Still further, a statement made and signed by a person before such officer during the
course of any enquiry or proceedings can be admitted as substantive piece of evidence at the trial.
(53A), The plain object of the Legislature in making these drastic provisions was to subordinate the
interest, of an ordinary citizen to the wider social and economical interest of the community and the needs
of the law Enforcement Agencies.
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Discretion of the Court to release an accused on bail has been curtailed to a great extent.
Powers of the High Court to suspend sentence and grant bail to a convict during the pendency of his
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appeal against conviction and sentence have been taken away. Minimum sentence in case of conviction
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has been prescribed. The powers of the court to deal with a convict under S.360 of the code of Criminal
Procedure or under the provisions of the probation of offenders Act have been restricted. Powers of the
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Executive to suspend, commute or remit sentence of a convict for an offence under the Act have been
taken away (S.32A). Power to search by day or night, either premises or the person, is largely extended.
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Clause (b) of S.43 confers wide powers on the officers to arrest even a person who is in the company of
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someone who is found to be in unlawful possession of narcotic drug or psychotropic substance. Besides
attempt, even preparation to commit an offence under the Act has been made punishable. All of these
provisions are indicative of the will of Parliament to give the most efficient protection, to public health
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against the danger attending the uncontrolled use of drugs as well as against the social evils incidental
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thereto and to save the national economy from the menace of drug trafficking.
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Simultaneously, the legislature, in order to protect the interest of an innocent person against
vexatious search and unfair dealings, has provided certain safeguards in Secs. 41 to 43, 50,52,55 and
57. It is not every officer who can carry out search without warrant. Only such officer who is empowered
under Secs. 41 and 42 is authorised to exercise the powers of entry, search, seizure and arrests without
warrant. The applicability of the provisions of S.100 of the Code of Criminal Procedure to the search and
seizure under the Act has been saved by S.51 of the Act. The search of a person if he so requires, is to
be taken before a Magistrate or a Gazetted Officer of any of the departments mentioned in S.42. The law
appears to avoid the allegation by the accused that the drug has been planted on him, and also to provide
material to the Enforcement agency to prove the credibility of the search and seizure. Protection against
arrest and detention is contained in s.52 of the act. S.55 enjoins a duty upon an officer – in – charge of a
police station to receive and keep in safe custody the goods and articles seized under the Act, thus
putting the seized material beyond the reach of the seizing officer and also eliminating the possibility of
the samples being tampered with till the same reach the hands of the expert. The concerned officer is
required to make a full report within 48 hours of every arrest of seizure made by him to his immediate
superior.
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Keeping in view the aim and object of the Act, the drastic provisions enacted to achieve the
objects let us turn to the question of prosecution of an accused under the Act. We can safely say that the
process of prosecution under the Act commences with the receipt of information or having reasons to
believe regarding the contravention of the provisions of Act, and ends with the judicial pronouncement of
conviction or acquittal, as the case may be. In between these two points, the Enforcement Agency is to
cover a long distance.
At the outset, it may be noted that the controversy among the various High Courts regarding the
scope of Secs. 37 and 53 has been finally settled by the authoritative pronouncements of the Supreme
Court of India. In Kishan Lal’s cases, it stands settled that the limitations contained in S.37 (1) (b) to
release on ball a person accused of an offence under the Act are applicable to be exercise of the powers
under S.439 of the code by the High court. In Raj Karawal’s case, it is finally decided that an Officer,
other than a Police Officer, authorised under S.53 is not a police officer and any incriminating statement
made to him is not hit by S.25 of the Evidence Act.
There is a third decision of the Supreme court in Rajnikant Jivan Lal Patel’s case that where the
bail has been granted to an accused under the proviso to S.167 (2) of the Code for default of the
prosecution in not completing the investigation and filing a charge – sheet within the prescribed period,
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after the defect is cured by filing of the charge – sheet, the prosecution may seek to have the bail
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cancelled on the ground that the accused has committed a non – bailable offence and that it is necessary
to arrest him and commit him to custody. But this view has been dissented from in a recent decision of
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the Supreme Court in Aslamhai v. State of Maharashtra, III (1992) CCR 292 (S.C.). It has been held:
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“Once the accused has been released on bail his liberty cannot be interfered with Highly i.e. on the
ground that the prosecution has subsequently submitted a charge – sheet. Such a view would introduce
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a sense of complacency in the investigating agency and would destroy the very purpose of instilling a
sense of urgency expected by Sections 57 and 167 (2) of the code. We are, therefore, of the view that
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once an accused is released on bail under Section 167 (2) he cannot be taken back in custody merely on
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the filing of a charge – sheet but there must exist special reasons for so doing besides the fact that the
charge – sheet reveals the commission of a non – bailable crime. The ratio of Rajnikant’s case to the
extent it is inconsistent herewith does not, with respect, state the law correctly.”
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In respect of the rest of the procedural provisions, there is a sharp difference of opinion among
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the various High Courts in the country. To begin with there is a controversy regarding the powers of the
Magistrate, the Special Court and the Court of Sessions to grant remand of the accused under S.36 a,
and also regarding the applicability of the proviso to S.167 (2) of the Code to an offence under the Act in
the face of S.37 (1) (b) of the Act. Then the Courts differ on the scope and effect of non-compliance of
Secs. 41 to 43 of the Act. Again, there is a serious divergent of opinion on the question whether the
provisions contained in Secs. 50, 52,55 and 57 are mandatory or directory, and what is the effect of any
irregularity or illegality in the pre – trial investigation of a case under the Act. The Courts are also not
unanimous regarding their approach to a case under the Act, the principles regarding the appreciation of
evidence, and the minimum standard of proof required in such cases. These controversies have resulted
in unwanted acquittals and I may say so defeated the object of the enactment rather than achieving it.
The blame cannot be thrown upon the shoulders of the judiciary alone in interpreting the Act and its
approach to the problem, but the implementing agencies and the prosecutors are equally responsible.
As regards the powers to grant remand, a procedure different from the one in the matter of
authorising detention in the Code of Criminal Procedure has been provided by Cl. (b) of S. 336a and the
Magistrate can authorise detention of a person suspected of the commission of an offence, in such
custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a
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Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate. It is
noteworthy that a Judicial Magistrate cannot grant remand for a period exceeding 15 days which he can
do otherwise under S.167 of the Code of Criminal Procedure and is obliged even if he considers the
detention of the person to be unnecessary to order such person to be forwarded to the Special Court
having Jurisdiction. If further detention is necessary, that power has to be exercised under C1. (c) of S.
36A by the Special Court, in relation to the person forwarded to it under C1.(b) and it shall have the same
power which a Magistrate having jurisdiction to try a case may exercise under s.167 of the Code of
Criminal Procedure in relation to an accused person in such case who has been forwarded to him under
that section. (Suryakant Ramdas V. State of Maharashtra, 199 Cr.L.J.2422). In view of s.36 – A
stipulating a period of 15 days for the remand and as the Magistrate has to forward the accused to the
Special Court before the period detention authorised by him and as the Special Court gets the seizing
over the matter, it cannot be said that the Magistrate can extend the period of remand in a case where the
accused has been brought before him for offences under the ND.P.S.Act. Thus, it is abundantly clear
that a Judicial Magistrate cannot authorise the detention of an accused or suspect taken into custody for
an offence under the Act, for a period exceeding 15 days. (In re: District Judge, II (1992) CCR 1913
(Kerala – D.B.). A detention exceeding 15 days under the orders of the Judicial Magistrate is
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unauthorised and illegal. Reference may be made to Suryakant Ramdas V. State of Maharashtra, 1989
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Cr.L.J.2422. In re.....an Accused, 1992 Drugs Cases 95. In re District Judge, II (1992) CC.R.1913
(Kerala). Aslam Khan V. State of M.P., 1992 Drugs Cases 106, and Kalam Khan V. State, 1991 Drugs
Cases 414.
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As already referred to, on the expiry of the initial period of remand of 15 days the Judicial
Magistrate is bound to forward the accused to the Special Court having jurisdiction, and the Special Court
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shall have the powers under S.167 of the Code to grant further remand of the accused. The question
arises whether in the event of a Special Court having not been established or constituted, the Magistrate
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is required to forward the accused to the Court having not been established or constituted, the Magistrate
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is required to forward the accused to the Court of Session and Court of Session would have the same
powers and obligations as of the Special Court by virtue of the transitional provision of S. 36D of the Act.
After discussing the rule of interpretation of statutes as laid down by the Supreme Court in Commr.
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Income – tax V. National Taj Traders (AIR 1980 S.C.485)., a Single Bench of the Mumbai High Court in
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Suryakant Ramdas More V. State of Maharashtra (1989 Cr.L.J.2422), held: “Though the Narcotic Drugs
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and Psychotropic Substances Act, 1985, is a penal statute, the provisions which call for interpretation in
the present case are regarding the procedure or the machinery provision as pointed out by the Supreme
Court. Giving restricted meaning to the language of S. 36D (1) could evidently lead to an absurdity and
make the entire statute unworkable. If this consequence can be saved and it appears to be that it was
intended to be saved by using the expression in its widest connotation, no other construction can be
placed on the language of that section. Viewed in this light having regard to the scheme of the Act and
the context in which amended provision of S. 36D occurs, it seems obvious to me that the court of
session shall have all the powers, duties and obligations with which the Special court has been given.
There can, therefore, be no doubt that the learned Additional Sessions Judge was entitled to authorise
detention and in the event of a charge – sheet being filed or a complaint being lodged, he would be
entitled to take cognizance of the offence and then proceed to trial by following the procedure prescribed
by the Act.” A similar view was subsequently expressed in Daji Govind Kamble V. state of Maharashtra
(1991 Drugs Cases 98). A contrary view appears to have been taken in R.P.Patnkar,
Asstt.Commissioner of Customs V. Musa Wamila, (III(1992) CCR 2223 (Bom) ). By a Single Bench
without noticing the earlier two decisions of the same Court cited above. Reference may also be made to
P.R>Muthu V. State, 1992 Drugs Cases 130 (Mad). In the matter of State Circle Inspector, 1992 Cr.L.J.
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570 (kerala), and Banka das V. State of Orissa, II (1992) CCr 1803. However, the Orissa High Court has
expressed a contrary view in Govind Sharma V. State of Orissa, 1992 Drugs Cases 163. Thus the
majority view is that in the event of a Special Court having been not established in any area, the Court of
Session has the same powers and obligations as of the Special Court including the power under S.167 of
the Code.
However, in the Union Territory of Delhi, and in the States of Punjab & Haryana, Himachal
Pradesh and Rajasthan, the Metropolitan Magistrates / Judicial Magistrates are granting remand under
S.167 of the Code for more than 15 days, and the Sessions Courts are taking cognizance only on a
committal order by such Magistrates.
Coming to the question of the applicability of the proviso to S.167 (2) of the Code to an offence
under this Act, the Kerala High Court in Appachan V. Excise Circle Inspector, 1991 Drugs Cases 105
held: “S.167 of the Code is a general provision relating to investigation and enquiry of a case. S.51 of
the N.D.P.S. Act says that the provisions of the Code O Criminal Procedure are applicable for the
purpose of investigation of the crime made punishable under the N.D.P.S.Act it is stated that the
restriction imposed therein is not withstanding anything contained in the Code. But this provision has no
overriding effect on S.167 of the Cr.P.C. It could only be understood that the restriction imposed under
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S.37 of this Act, regarding granting of bail is not with standing any provisions contained in Chapter XXXIII
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of the Code. S.167 (2) Cr.P.C. has been introduced with a view to see that there is no unnecessary delay
in the investigation and to protect the accused from unscrupulous police officers and the right of an
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accused to be released on bail after the stipulated period is absolute.” While affirming this view in Berlin
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Joseph @ Ravi V. State, 1992 Drugs Cases 98 (Kerala), a Full Bench of the Kerala High Court observed:
“If section 37 of the NDPS Act is allowed to control or restrict the application to proviso to Section 167 (2)
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of the Code. The latter provision would become ineffective and a dead latter. The result of the
discussion is that Section 167 (2) would be operative even for offences under the NDPS Act and then
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Section 37 of the NDPS Act has no application. In other words, Section 37 of the NDPSAct does not
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override Section 167 (2) of the Code.” A similar view has been adopted by the High Courts of Calcutta in
Mohd.Abdul V. State of W.B. 1991 (2) Crimes 741, Mumbai in Smt.Nanda V. State of Maharashtra, 1991
(2) Crimes 678, Madhya Pradesh in Kalika Prasad V. State of M.P., 1991 Drugs Cases 2 and Orissa in
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Dayanidhi khilla V. State, 1991 Drugs Cases 2 and Sanalari Sahu V. State of Orissa, 1992 Cr.L.O.352.
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Delhi High Court also adopted this view in Imam V. C.B.I., Cr. Misc. (M) 11 of 92, decided on 15.07.92. A
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contrary view has been taken by the Delhi High Court itself in Abdul Sattar V. State, 1992 (2) Crimes 142,
and also by the Mumbai High Court in Prahlad V. State of Maharashtra, 1991 Drugs Cases 233 and the
Calcutta High Court In Munja Bibi V. State of W.B., 1992 Drugs Cases 174. Thus, the majority view is
that the benefit or privilege under the proviso to S.167 (2) of the Code is neither restricted nor barred by
the provisions of S.37 of Act which are applicable only to a case on merits. Immediately after the
commencement of the Act, the Punjab & Haryana, Himachal Pradesh, Rajasthan and Madhya Pradesh
High Courts adopted a view that since the respective State Governments had not issued the necessary
notifications authorising various officers including police under Ss.41, 42,53 and 67, the search, seisure
and arrest under the Act by any police officer, how high so ever he might be, was unauthorised and
illegal, and numerous prosecutions were quashed on this short ground. The transitional provisions of
S.24 of the Act and the provisions contained in S.24 of the General Clauses Act were neither noted by
any of these High Courts, nor the Public Prosecutors or the State Counsel drew the attention of their
Lordships to these provisions. This view was first propounded by the Punjab & Haryana High Court in
Karam Singh V. State, 1987 (2) C.L.R.2401, and was followed in several cases including Harbhajan
Singh V. State of Haryana, 1988 (1) F.A.C. 105 and Bhajan Singh V. State of Haryana, 1988 (1)
F.A.C.208. This view was followed by the Rajasthan High Court in Mand Lal V. State, 1988 (1) F.A.C.25
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and Umrao V. State, 1989 (1) F.A.C.51 and other cases. It is important to note that the view taken by the
Pb. & Har. High Court in Karam Singh’s case was set aside by the Supreme Court in Criminal Appeal
No.416 of 1988 decided on 09.08.1988 on the ground that the High Court omitted to consider the
provisions of S.74 of the Act and remitted the case to the High Court for its disposal according to law.
Perhaps this decision was not brought to the notice of any of the aforesaid four High Courts, and the
prosecutions were quashed for want of notifications as before.
However, when reference to S.74 of the Act was made in Hakam Singh V. Union Territory of
Chandigarh (1988 Drugs Cases 307), it was observed that the provisions of S.74 were meant only for a
short period to enable the Central Government or the State Government to issue the necessary
authorising notifications, and it cannot be taken advantage of for any period to the discretion of the Officer
or the respective Government. A similar view appears to have been taken by a Single Bench of the
Madras High Court in Sivakumar V. State, 1989 Drug Cases 285. With due respect it is submitted that
their lordships considered the provisions of S.74 as a transitory provision is meant for a Short period,
where as ‘transitional’ means changing over to another form or passage from one state, subject, set of
circumstances to another. See Surajmal Kanaiyalal V. State of Gujarat, 1991 Cr.L.J.1.83 (Gujarat). The
Courts cannot fix any time limit much less reasonable time within which the State Government could be
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directed to issue authorisation notifications under Ss.41 & 42.
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The matter may be looked from another angle. In a Mumbai case (Rekha Parameswari V. Asst.
Commissioner of Customs, 1992 Cr. L.J.901), the accused, who was scheduled to board a flight, crossed
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the frontiers of the Customs Check. While she was being undergoing security check, suspicon arose as
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to her keeping some article concealed in her person. The lady Security Officer, although not an
authorised or designated Officer under Ss.41 & 42, happened to recover narcotic substance from the
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custody and possession of the female by search of her person. Can such search, seizure and arrest be
said to be violative of Ss.41 & 42 of the Act and illegal? The answer is in the negative since the seizure
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and arrest in the peculiar facts and circumstances of the case cannot at all be stated to have caused any
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prejudice to the accused vitiating the entire prosecution.

Another controversy regarding Ss.41 & 42 is that the provisions being mandatory in nature and
procedural safeguard of reducing the information into writing must be complied with, and non –
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compliance there with would be fatal to the prosecution. The Punjab & Haryana High Court in Hakim
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Singh V. U.T. Chandigarh, the Himachal Pradesh High Court in State of H.P. V. Sudershan Kumar, the
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Gauhati High Court in Md. are sharing this view. Jaimulabdin V. State of Manipur (1991 Drugs Cases
424), and the Madhya Pradesh High Court in Mariappa & others V. State of M.P.(1991 Drugs Cases 145)
and Gurcharan Singh V. State of M.P., 1992 (3) Crimes 412.
It may be noted that no distinction was made between the seizure and arrest under S.42 on the
one hand and S.43 on the other. The provision of recording in writing the information received by such
officer and forthwith sending the copy of such writing to the immediate official superior is advisedly made
to prevent the empowered officer from misusing the power of entry into the building, conveyance or place,
which are considered to be the protected places for an individual, who has right to exclude the outsider
and the privacy of the occupants of such places may not be disturbed. A house or such protected place
is considered to be a fortress of a person and he has right to prevent or exclude other persons and that
right is always protected by the State. Such procedure restricting the entry and search is, therefore,
made in Sec.42. Section 43 gives plenary power to the Officers to seize in a public place or in transit any
narcotic drug or psychotropic substance and to detain and search any person, whom he has reason to
believe has committed the offence. The only restriction is that the Office on any Department specified in
Sec.42 can exercise such powers. The provisions of S.43 are applicable in case of detaining and
searching any person in a public place or for any search and seizure in a conveyance, etc. Secs. 43 and
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49 nowhere require that the information received be reduced into writing. Further, it should be kept in
vice that if at that time secret information is reduced in writing and is recorded in the daily diary being
maintained by the Duty officer, the possibility of the secret information leaking out immediately cannot be
ruled out which may result in the raid being abortive, Still further, the name of the informer is always
privileged, and cannot be asked or compelled to be disclosed. It has been further held that non-reducing
the information in writing is merely a procedural irregularity, which does not affect or vitiate the recovery.
Reference may be made to Richhpal v.State (1989 Drugs Cases 97), Sunil Kumar v. State (1991 Cr.L.J.
414-Delhi), Sunil Kumar v. State (1991 Cr.L.J.414-Delhi), Lachho Devi v. State (1991 Cr. L.J. 2793-Delhi),
Santokh Singh v. State (Delhi), 1991 Cr.L.J. 147, Rashid V. State of Rajasthan, 1991 Cr.L.J.733 (Raj.),
Hardeo Gujjar v. State of Rajasthan, (1990 Drugs Cased 231), Surajmal Kanaiyalal Scni v. State of
Gujarat, 1991 Cr. L.J. 1483, Ismail & others v. State of Kerala, 1992 Drugs Cased 63, Abdul Sattar v.
State 1989 Drugs Cases 50 (Bom) and Abdul Karim v. State of Maharashtra 1990 Mah. L.J. 1991).
S.50 enjoins upon an officer about to search a person under the provisions of Ss. 41 to 43, if such
person so requires, take such person without unnecessary delay to the nearest Gazetted Officer of any of
the departments mentioned in S. 42 or to the nearest Magistrate. The object is to ensure that the officers
who are charged with the duty of conducting searches, conduct them properly and do no harm or wrong,
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such as planting of offending drugs by any interested parties, and prevent fabrication of any false
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evidence. The provision id intended to act as a safeguard against vexatious search and unfair dealings,
and to protect and safeguard the interest of an innocent person. It also provides a weapon to the law
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enforcement agency against the common allegation that the drugs have been planted by these officers.
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The controversy among the High Courts is on the Question as to whether it is obligatory on the officer,
about to search a person, to inform such person of his said right and choice. One view is that the words “if
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such person so requires” implies a right in and choice of the citizen. Unless the person has the knowledge
of his said right and choice, the question of the exercise thereof couldn’t arise. Therefore, it is imperative
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to the said officer to inform the person concerned of his right to be searched in the presence of a
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Gazetted Officer, or Magistrate. Noncompliance has been held to be perse fatal to the prosecution. This
view is supported by the decisions of the Punjab & Haryana High Court in Hakim Singh v.
U.T.Chandigarh (supra), Jang Singh v. State of Haryana, 1988 (1) FAC 91, Kheta Singh v. State of
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Punjab, 1991 Drugs Cases 273, Amrit Singh v. State of Haryana (supra), State of Punjab v. Bikkar Singh,
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1992 Drugs Cases 166 and State of Punjab v. Shingara Singh, 1992 (2) Crimes 1125, Himachal Pradesh
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High Court in State of H.P. v. Sudershan Kumar (supra), Madhya Pradesh High Court in Salamat Ali v.
State, 1992 Drugs Cases 338, Delhi High Court in Om Prakash v. State, 1992 Drugs Cases 23,
Rajasthan High Court in Pirthvi Raj v. State, 1988 Cr. L.J. (Raj) 718, Chhoteylal v. State of Rajasthan,
1989 (2) R.L.R. 147 and nathiya v. State of rajasthan, 1992 Drug Cases 28, and the Gauhati High Court
in Md. Jainulabdin v. State of Manipur (Supra).
On the other hand, it has been held that the section (S.50) does not specifically provide that such
person should be informed by the authorised officer that it is his right to be taken to the Gazetted officer
or to the Magistrate nor does it impose any obligation or duty on such officer to inform such person. In
absence of any such provision imposing the duty on the authorised officer to inform the person who is to
be searched, it cannot be said that the officer is bound to inform of such right to the person to be
searched, much less it can be said that in case such person is not reminded of his right, breach of any
statutory provision is committed, vitiating the investigation and proceedings. As no specific provision is
made imposing the duty on the authorised officer to inform the person to be searched of his such right, it
cannot be said that in case no such information is given, any branch is committed by such officer or any
mandatory provision is violated. This view has been expounded by the Bombay High Court in Abdul
Sattar v. State (supra), Hemant Vyankatesh v. State of Maharashtra (supra) Abdul Karim v. State of
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Maharashtra (supra). Wilfred Joseph v. State of Maharashtra, 1991 Drugs Cases 238, Shakal Abdul
Gafoor v. U.O.I., 1991 (1) Bom. L.R. 270, Suresh Kumar Khandelval v. State (Goa Beach), Miss Ulrike
Appelhangen v. State of Goa, 1991 (2) Crimes 789 and Sham ramchandra Sonawane v. State of
Maharashtra, 1992 Drugs Cases 55, and Gujarat High Court in Surajmal Kanaiyalal v. State of Gujarat,
1991 Cr. L.J. 1483.
Cases have arisen where there was no prior information and narcotic drug or psychotropic
substance was recovered in a totally unexpected and sudden manner, e.g. during a routine security
check up at the Airport, or where the accused was being personally searched under S. 51 of the Code on
account of the commission of another offence. Thus, after the sudden recovery in such like manner, the
question of complying with the provisions of S.50 of the Act cannot and does not arise. Refernce may be
made to David R. Hall v. State 1991 Cr. L.J. 143 (Delhi), Bennchard J. Framous v. State, 1992 (2) Crimes
778 (Delhi), Rekha Parameswari v. Asstt. Collector of Customs, 1992 Cr. L.J. 1412 (H.P.).
However, in Kailash Singh v. State, 1989 (1) PAC 124, a Single Bench of the Delhi High Court
observed; “I have gone through the FIR of the case as well as the statements of the a fore said witnesses
and find that in this case no offer was made to the appellant that he could be brought before any gazetted
officer or magistrate for taking his personal search. A salutary provision has been made in this Act
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keeping in view the heavy punishment which is liable to be imposed in case a person is found guilty of
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particular offence under NDPS Act So, it is rather incumbent on the police parties to see that the salutary
provisions contained in Sections 42 to 55 of the NDPS Act are complied with. These provisions have
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been made so as to ensure fair investigation of the cases being brought under this Act. It is true that if
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from the evidence on the record one can come to the conclusion without any doubt that the recovery
effected from a particular accused is qenuine then may be in same cases it can be said that
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noncompliance of one or other provisions preceding the recovery would not render such recovery invalid
but where no reasons are given for not complying with the requisite provisions preceding the recovery
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then lingering doubt does arise regarding the genuineness of the recovery.
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Then in the series come S.52 (1) and S.57 of the Act, the provisions of which are said to be
mandatory in character. The reason is that the right to be informed about the grounds of arrest contained
in Section 52 (1) and the requirement of Section 57 to the effect that any person making arrest or seizure
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shall make full report to his immediate superior officer within 48 hours, confer valuable rights on the
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accused. What he has to meet in the ……….. to do so would certainly prejulice his defense. Similarly,
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them provision requiring the person making arrest or seizure to make a full report to his immediate
superior officer within 48 hours, brings into existence a document which can be used for purposes of
cross-examination in defense. The making of such a report within 48 hours will also bring an end the
possibility of improving the prosecution version after that time. If these provisions are not strictly complied
with, the prosecution version after that time. If these provisions are not strictly complied with, the
prosecution must fail. State of H.P. v. Sudershan Kumar (supra) and Zubeda Khatoon v. Asstt. Collector
of Customs, 1991 Cr. L.J. 1392 (karnataka). However, in Salamat Ali v. State, Drugs Cases 78, the
Madhya Pradesh High court has held that the provisions in S.52 of the Act has to be interpreted as
directory. Non-compliance with this requirement would not invalidate the entire proceedings and it is only
effect would be that the subsequent detention in consequence of such an arrest and not the initial arrest,
would be invalied, furnishing to the accused a valid ground for bail. Similar view has been expressed by
the Gujarat High Court in Surajmal Kanaiyalal Soni v. State of Gujarat, 1991 Cr.L.J.1483. Thus, where a
copy of recovery memo has been supplied to the accused at the time of his arrest and a copy of First
information report has been sent to the Magistrate and other higher Police Officer, there is sufficient
compliance of the provisions of S.52 (1) and S. 57 of the Act. In the decision in Saginaw Singh’s case AIR
1976 Sc. 2304 dealing with S.157 of Code, it has been held that the delay in dispatch of ……magistrate is
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227
not a circumstance which can throw put the persecution case in its entirety. In the decision in Ishwar
Singh’s case (1976 Cri L.J. 1883) it has been held that in such a case the evidence of eye withnesses in
the circumstance, cannot be accepted on its face value.
There are numerous acquittals by different High Courts for non-compliance with the provisions of
S.55 of the Act. This seciton enjoins a duty upon an officer in-charge of the police station to receive and
keep in safe custody the goods and articles seized under this Act within the local area of his police
station. Further, he shall allow the officer accompanying such goods or articles to take samples
therefrom, and also to affix his seal to such goods, articles and the samples. Finally, the law requires him
to affix his own seal to all the samples. The clear intention of the legislature was a fair investigation by
putting the seized material beyond the reach of the seizing officer, and by eliminating the possibility of the
samples being tampered with till the same reach the hands of the chemical examiner.
A practice has grown up to show the arrival of the officer In charge of the Police Station on the
spot and affixing his seal on the recovered and sample packets. However, more often than once, it has
been held that the officer in charge of the Police Station never visited the spot, nor had he affixed the scal
before the articles were deposited in the Malkhana, because
(i) No daily diary entry is produced ot indicate that the Officer In charge of the Police Station
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had left the said Police station at the relevant time.
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(ii) At times, it has been found that the Officer In charge of the Police station as per the daily
diary entry was somewhere also.
(iii)
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The Officer in charge of the Police Station has a jeep in which ordinarily he travels. The
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logbook maintained does not indicate his arrival at the spot.
(iv) While the case property is shown to have been deposited bearing the seal of the
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investigating Officer in the Malkhana indicating that the Officer In charge; of the Police
station had also sealed it. Subsequently it is found that the seal of the Officer Incharge;
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has also been affixed when it was deposited and entry made in register Nos. 19.
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(v) Though in evidence it is pointed out that Officer In charge of the Police station deposited
the case property in the Malkhana, but in the Malkhana register, the entry made is that it
is Investigating Officer or the Duty Officer who deposited the case property.
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It has been held in number of decisions that CFSL form must be filled up at the spot and facsimile of the
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seals affixed on the CFSL from which as to be taken to the CFSL to facilitate the comparison of thes seal
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affixed on it alongwith the sample that is sent.

The experience has shown that neither in the recovery memo, nor in register No. 19, there is any
mention of the deposit of the CFSL form. Even the Constables who take the sample invariably makes no
statement that they took the CFSL. Form.
Thus, the provisions of the Act just discussed are not intended as technical defenses on which
the prosecution must fail for that reason alone. In view of the stringency of the punishments, the
provisions are intended only as safeguards to protect the interest of the accused from unmerited
prosecutions. The question to be considered is only prejudice or failure of justice. Non-compliance or
delayed compliance or insufficient compliance could vitiate the prosecution only if it resulted in prejudice
and failure of justice. Normally an irregularity or illegality in the collection of materials cannot affect the
trial and conviction unless prejudice or failure of justice is the result. Ismail v. State of Kerala, 1992 Drugs
Cases 63. The provisions of a statute creating public duties are generally speaking directory. The
legislature while giving certain procedural instructions, With a view to require strict compliance thereof by
public functionaries, excluding all discretion on their part, uses the word “shall”. Nevertheless, non-
compliance; of these instructions per se does not result in rendering the acts done as null and void. It has
to be shown that such non-compliance has caused prejudice and failure of justice. Non-compliance has
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228
caused prejudice and failure of justice. Non-compliance of a directory provision, apart from the question
of dereliction of duties, may also adversely affect the case set-up by the prosecution, Thus a provision
may be mandatory in the sense a public servant is required to observe the same but not mandatory in the
strict sense of the expression in that failure to observe it will per se vitiate-the entire proceedings without
the accused showing that such failure has resulted in prejudice to him. E. V. Kunhmu’s case, 1989 (2)
RAC 51. In H.N. Rishbud v. State of Delhi, AIR 1955 S.C. 196, it was said: “therefore where cognizance
is in fact taken, on a police report vitiated by breach of a mandatory provision relating to investigation,
there can be no doubt that the result of the trial which follows it cannot be set aside unless the illegality in
the investigation can be shown to have been brought about miscarriage of justice. That an illegality
committed in the course of investigation does not affect the competence and the jurisdiction of the court
for trial is well settled. Hence, where cognizance of the case has in fact been taken and the case has
proceeded to termination, the invalidity of the precedent investigation does not vitiate the result, unless
miscarriage of justice has been caused thereby.” Identical views have been expressed in Khandu Sonu
Dhori v. State of Maharashtra, AIR 1972 S.C. 958.
As regards the approach of the Court, it may be noted that at the conclusion of the trial the
prosecution can succeed only on discharging the unshifting burden of proving its case against the
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accused and strongest of suspicion does not constitute the proof required. At the same time it has to be
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remembered that witness is not a tape recorder and with lapse of time, memory may fail here and there
and thereafter, minor discrepancies which do not affect the substratum of case must not be permitted to
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be made much (vide State of Punjab v. Wassan Singh, 1981. Cri L.J. 410). It is the duty of the Court to
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scrutinise the evidence with great care, and caution keeping in mind that it exists not only to ensure that
no innocent person is punished but also to ensure that quality persons do not escape Scot- free. In the
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modern society the sense of social responsibility for variety, of reasons, is not all-pervasive and is waning
and so also the regard for truth. It may be remembered that the law does not require absolute certainty
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and this is clear from the definition of the term “proved” as embodied in S.3 of the Evidence Act and even
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where the prosecution is unable to get the support of independent witnesses the Court is not absolved of
its duty to record on the uncorroborated evidence of the departmental witnesses, if the same passes the
test of complete reliability in the crucible of probabilities and on the anvil of the objective circumstances of
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the case a finding of guilty of the accused instead of treading the easy path of acquittal. In this conneciton
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the decision in State of U.P. v. Pussu 1983 Cri L.J. 1356 is pertinent.
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It would not be out of context to mention the effect of non-joining public witness has been
commented upon a number of occasions. In Chander Shekhar v. State, (1986) 2 Crimes 419 –1987
Cr.L.J. 1159 (Delhi), it was observed: “One of the greatest disadvantages of living in highly urbanized
areas is that people are out of sympathy with their neighbours and fellow citizens. This is for a variety of
reasons. None wants to get involved in such matters. Our experience is that in the recent post it is really
becoming difficult to involve public witnesses in court cases particularly in cases of capital offences. It is
common – place experience that in Delhi if an accident takes place, hardly any body feels concerned.
Life fast that no body has time to sympathise with a fellow citizen. We blame none for it as this is the life
style growing in highly urbanized areas. Even those who feel concerned keep away for fear of their own
security and getting involved in tardy proceedings. There is a subdued murmur that the law and order
agency has failed to provide security to the law abiding citizens and, what rules, now is the might and
ingenuity of the criminals. Under these circumstances it will be dangerous not to rely on relation witness
and police witnesses in such matters. Of course, provided, such witnesses are confirmed to be truthful
when tested at the yardstick of the peculiar facts and circumstances of each case. The court, therefore,
instead of doubting the prosecution case for want of independent witness must consider the spectrum of
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the prosecution version and they search for the nugget of truth with due regard to probability if any,
suggested by the accused.
The authorities enforcing the provisions of the Act would only do well to bear in mind the
minimum requirement towards proof of guilt of an accused person without which however avowed and
laudable the object of the law be, the society would be compelled to live with such menace. Society in
general and our youth in particular can be saved and protected from the hazards of drug not by passing
rigorous laws alone but also by the effective, sincere and honest implementation by taking all legal steps
with due regard to the procedure established by law and placing before courts of law the requisite
adequate and acceptable material to punish the guilty. For lapses in effective implementation of social
legislation people in general who have no means of knowing such lapses are likely to lose faith in the very
judicial system while those who are responsible to render the judicial machinery ineffective by their acts
and omissions sit pretty with impurity and undeterred by serious concerns voiced by law courts. When
courts of law exist to do justice, it should be justice to all involved according to law.
[ “Abstract from Course Code – 3 NACEN New Delhi.” ]
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CUSTOMS PREVENTIVE MANUAL (CENTRAL) VOLUME II (INTELLIGENECE)

NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCES

Natural Semi-Synthetic Synthetic

Poppy plant Morphine

Opium Heroin _____________________

Morphine Paragoric Codeine Brown Sugar

Chemical tests for opium

( B ) PSYCHOTROPIC DRUGS & SUBSTANCES

antifatigue agent and produces hallucinations.

INDIAN SITUATION – VULNERABILITY (BORDER-WISE)

STRATEGIES FOR COMBATING SUPPLY OF DRUGS

(2) Implementation of obligations in respect of counter-measures against illicit trafficking under

the international conventions, protocols and treaties to which India is a signatory;

LINKAGES BETWEEN NARCOTICS AND TERRORISM IN INDIA

THE NARCOTIC CONTROL BUREAU AND DRUG ENFORCEMENT

Assembly resolutions on the Subject. This incorporates:

INFRASTRACTURE FOR IMPLEMENTATION :

THREATS AND DIFFICULTIES:

INSTRUCTIONS FOR CUSTOMS & PARAMILITARY ORGANISATIONS

Deputy Director, Narcotics Control Bureau, New Delhi.

sent to the Bureau Hqrs. as also the concerned Zonal Units.

SAARC WORKSHOP ON NETWORKING ARRANGEMENT AMONG APEX NATIONAL

Sender : Date : Recipient :

5. Full identity particulars of Accused / Suspects / Associates * :

iv. Sex : Male / Female

Signature and Seal of Designation

Sender : Date : Recipient :

Full name of suspects father with aliases if any :

Sex : Male / Female

13. Part played :

Side ( Right ) Side ( Left )

Signature and seal of Designation

NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCES ACT 1985

specified in the attached Schedule (Section 2 (xxii)).

Section 18 relates to Punishment in relation to Opium

sunrise to sunset in non public places.

belief to take action and mere suspicion will not do.

and acknowledgement obtained.

GIST OF SOME IMPORTANT PROVISIONS OFTHE N.D.P.S. ACT

2. PROHIBITIONS: Section 8 prohibits the production, manufacture, possession, sale, use,

irrespective of section 116 of IPC.

imprisonment and fine).

9. ENHANCEMENT OF PUNISHMENT : Section 31 provides for enhancement of punishment for

arrest in public place. A bus or a train is also considered as a public place.

supruthnama can be given to the owner of the land etc.

for the manufacture of the drugs.

like approvers and volunteering drug addict.

IMPORTANT PROVISIONS OF “THE NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCES RULES,

export from India to the country or territory of new destination.

1. METHAQUALONE 2-Methyl-3-0-toly-4- (3H) quinazolinone.

2. AMFEPRAMONE 2-(Diethylamino) propiophe-none

5. CANAZEPAM 7-Chloro-1, 3-dihydro-3 hydroxy-1

13. ETHINAMATE 1-Ethynylcyclo-hexanol carbamate.

22. MAZINDOL 5-(p-chlorophenyl)-3,5-dihydro-3 H-

imidazo [2,1-o] isoindol-5-ol.

24. METHYPRYLON 3, 3-Diethyl-5-methyl-2, 4-piperidine-

25. NIMETAZEPAM 1, 3-Dihydro-1-methyl-7-nitro-5-phenyl-

33. TETRAZEPAM 7-Chloro-5 (cyclohexen-1-yl) 1, 3-

(The Narcotic Drugs and Psychotropic Substances Rules, 1985)

Licence No…………………………….Date of issue……………………………………………….is

Act, 1985 (61 of 1985).

1. This licence is not transferable.