Notwithstanding anything contained in section 8, the Central Government may permit, with or without conditions, and on behalf of Government, the cultivation of any coca plant or gathering of any portion thereof or the production, possession, sale, purchase, transport, import interState, export inter-State or import into India of coca leaves for use in the preparation of any flavouring agent which shall not contain any alkaloid and to the extent necessary for such use.
Simplified Explanation
Section 13 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) provides a special provision that allows for the cultivation of coca plants and the use of coca leaves under certain controlled conditions for specific purposes.
Key Provisions
- Exemption from General Prohibition (Section 8):
Section 13 provides an exemption to the general prohibition outlined in Section 8 of the NDPS Act, which generally restricts the cultivation of the coca plant and the use of coca leaves. This special provision allows for certain controlled activities related to coca plants and leaves. - Controlled Cultivation and Use:
The Central Government has the authority to permit:- The cultivation of the coca plant.
- The gathering of any portion of the coca plant.
- The production, possession, sale, purchase, transport, import inter-State, export inter-State, or import into India of coca leaves.
- Purpose of Use:
The primary purpose for which this exemption applies is for preparation of flavouring agents, specifically those that do not contain any alkaloid (such as cocaine, which is a major alkaloid in coca leaves). The government allows the use of coca leaves only to the extent necessary for the preparation of such flavouring agents. - Government Control:
The cultivation and use of coca plants and leaves for this purpose must be done on behalf of the government. This indicates a high level of regulation and oversight to ensure that the use of these substances is for legitimate purposes and not diverted to illicit activities. - Conditions and Permits:
The Central Government may impose conditions on these activities and grant permissions to ensure compliance with the law. These conditions are aimed at ensuring that the use of coca leaves does not contribute to illegal activities or the production of narcotic substances.
Implications
- Regulated Use for Non-Drug Purposes:
Section 13 allows the cultivation and use of coca for purposes unrelated to narcotics, specifically for flavouring agents. This is a highly controlled use, ensuring that coca leaves are not used for the production of illegal drugs like cocaine. - Government Oversight:
The fact that these activities must be done on behalf of the government and under its permission ensures that there is strict government oversight to prevent any misuse or diversion of the coca plant for illegal purposes. - Narrow Scope of Use:
The section ensures that the use of coca leaves is restricted to specific, controlled applications (flavouring agents) and explicitly prohibits the presence of any alkaloids in the final product. This makes it clear that the intention is not to allow any production related to narcotic drugs but rather to regulate a narrow and legitimate use.
Conclusion
Section 13 provides a limited exception to the general prohibition on the cultivation of the coca plant under Section 8 of the NDPS Act. It allows the cultivation and use of coca leaves for preparing flavouring agents, provided the product does not contain any narcotic alkaloids. This exception is heavily regulated and monitored by the Central Government to ensure that it is used only for non-narcotic, legitimate purposes.
