In this Act, unless the context otherwise requires,–
1[(i) “addict” means a person who has dependence on any narcotic drug or psychotropic substance;]
(ii) “Board” means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963);
(iii) “cannabis (hemp)” means–
(a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish;
(b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and
(c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any rink prepared therefrom;
(iv) “cannabis plant” means any plant of the genus cannabis;
2[(iva) “Central Government factories” means factories owned by the Central Government or factories owned by any company in which the Central Government holds at least fifty-one per cent. of the paid-up share capital;]
(v) “coca derivative” means–
(a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine;
(b) ecgonine and all the derivatives of ecgonine from which it can be recovered;
(c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and
(d) all preparations containing more than 0.1 per cent. of cocaine;
(vi) “coca leaf” means–
(a) the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed;
(b) any mixture thereof with or without any neutral material,
but does not include any preparation containing not more than 0.1 per cent. of cocaine;
(vii) “coca plant” means the plant of any species of the genus Frythroxylon;
3[(viia) “commercial quantity”, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette;
(viib) “controlled delivery” means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted for them to pass out of, or through or into the territory of India with the knowledge and under the supervision of an officer empowered in this behalf or duly authorised under section 50A with a view to identifying the persons involved in the commission of an offence under this Act;
(viic) “corresponding law” means any law corresponding to the provisions of this Act;]
4[5[(viid)] “controlled substance” means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International Convention, by notification in the Official Gazette, declare to be a controlled substance;]
(viii) “conveyance” means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel;
2[(viiia) “essential narcotic drug” means a narcotic drug notified by the Central Government for medical and scientific use;]
4[6[(viiib)] “illicit traffic”, in relation to narcotic drugs and psychotropic substances, means–
(i) cultivating any coca plant or gathering any portion of coca plant;
(ii) cultivating the opium poppy or any cannabis plant;
(iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transhipment, of narcotic drugs or psychotropic substances;
(iv) dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in sub-clauses (i) to (iii); or
(v) handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv),
other than those permitted under this Act, or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder, and includes–
(1) financing, directly or indirectly, any of the aforementioned activities;
(2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and
(3) harbouring persons engaged in any of the afore-mentioned activities;]
(ix) “International Convention” means–
(a) the Single Convention on Narcotic Drugs, 1961 adopted by the United Nations Conference at New York in March, 1961;
(b) the Protocol, amending the Convention mentioned in sub-clause (a), adopted by the United Nations Conference at Geneva in March, 1972;
(c) the Convention on Psychotropic Substances, 1971 adopted by the United Nations Conference at Vienna in February, 1971; and
(d) any other international convention, or protocol or other instrument amending an international convention, relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by India after the commencement of this Act;
(x) “manufacture”, in relation to narcotic drugs or psychotropic substances, includes–
(1) all processes other than production by which such drugs or substances may be obtained;
(2) refining of such drugs or substances;
(3) transformation of such drugs or substances; and
(4) making of preparation (otherwise than in a pharmacy on prescription) with or containing
such drugs or substances;
(xi) “manufactured drug” means–
(a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate;
(b) any other narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare to be a manufactured drug,
but does not include any narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare not to be a manufactured drug;
(xii) “medicinal cannabis”, that is, medicinal hemp, means any extract or tincture of cannabis (hemp);
(xiii) “Narcotics Commissioner” means the Narcotics Commissioner appointed under section 5;
(xiv) “narcotic drug” means coca leaf, cannabis (hemp), opium, popy straw and includes all manufactured drugs;
(xv) “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,
but does not include any preparation containing not more than 0.2 per cent. of morphine;
(xvi) “opium derivative” means–
(a) medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other pharmacopoeia notified in this behalf by the Central Government, whether in powder form or granulated or otherwise or mixed with neutral materials;
(b) prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after opium is smoked;
(c) phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts;
(d) diacetylmorphine, that is, the alkaloid also known as dia-morphine or heroin and its salts; and
(e) all preparations containing more than 0.2 per cent. of morphine or containing any diacetylmorphine;
(xvii) “opium poppy” means–
(a) the plant of the species Papaver somniferum L; and
(b) the plant of any other species of Papaver from which opium or any phenanthrene alkaloid can be extracted and which the Central Government may, by notification in the Official Gazette, declare to be opium poppy for the purposes of this Act;
(xviii) “poppy straw” means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom;
(xix) “poppy straw concentrate” means the material arising when poppy straw has entered into a process for the concentration of its alkaloids;
(xx) “preparation”, in relation to a narcotic drug or psychotropic substance, means any one or more such drugs or substances in dosage form or any solution or mixture, in whatever physical state, containing one or more such drugs or substances;
(xxi) “Prescribed” means prescribed by rules made under this Act;
(xxii) “production” means separation of opium, poppy straw, coca leaves or cannabis from the plants from which they are obtained;
(xxiii) “Psychotropic substance” means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule;
7[(xxiiia) “small quantity”, in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette;]
(xxiv) “to import inter-State” means to bring into a State or Union territory in India from another State or Union territory in India;
(xxv) “to import into India”, with its grammatical variations and cognate expressions, means to bring into India from a place outside India and includes the bringing into any port or airport or place in India of a narcotic drug or a psychotropic substance intended to be taken out of India without being removed from the vessel, aircraft, vehicle or any other conveyance in which it is being carried.
Explanation.–For the purposes of this clause and clause (xxvi), “India” includes the territorial waters of India.
(xxvi) “to export from India”, with its grammatical variations and cognate expressions, means to take out of India to a place outside India;
(xxvii) “to export inter-State” means to take out of a State or Union territory in India to another State or Union territory in India;
(xxviii) “to transport” means to take from one place to another within the same State or Union territory;
8[(xxviiia) “use”, in relation to narcotic drugs and psychotropic substances, means any kind of use except personal consumption;]
(xxix) words and expressions used herein and not defined but defined in the Code of Criminal Procedure, 1973 (2 of 1974) have the meanings respectively assigned to them in that Code.
Explanation.–For the purposes of clauses (v), (vi), (xv) and (xvi) the percentages in the case of liquid preparations shall be calculated on the basis that a preparation containing one per cent. of a substance means a preparation in which one gram of substance, if solid, or one mililitre of substance, if liquid, is contained in every one hundred mililitre of the preparation and so on in proportion for any greater or less percentage:
Provided that the Central Government may, having regard to the developments in the field of methods of calculating percentages in liquid preparations prescribe, by rules, any other basis which it may deem appropriate for such calculation.
Simplified Explanation
Section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) provides the definitions of key terms used throughout the Act. These definitions clarify the scope and application of the law by standardizing terminology. Below is a detailed explanation of some of the most significant terms:
Key Definitions:
1. Addict (Subsection i)
- Defined as a person dependent on any narcotic drug or psychotropic substance.
- This term is crucial for distinguishing between casual users and individuals needing medical or rehabilitative interventions.
2. Cannabis and Related Terms (Subsections iii–iv)
- Cannabis (Hemp): Includes:
- Charas: The resin from the cannabis plant, including hashish oil.
- Ganja: The flowering or fruiting tops of the cannabis plant (excluding seeds and leaves unless accompanied by the tops).
- Any mixture of the above forms.
- Cannabis Plant: Refers to any plant of the genus Cannabis.
These distinctions help in classifying the substance for regulation and penalties.
3. Coca and Related Terms (Subsections v–vii)
- Coca Derivative: Includes cocaine, ecgonine, and other derivatives used in drug manufacturing.
- Coca Leaf: Refers to the leaf of the coca plant unless all cocaine and ecgonine alkaloids have been removed.
- Coca Plant: Plants of the genus Erythroxylon that can produce cocaine or its derivatives.
4. Controlled Delivery and Controlled Substances (Subsections viib, viid)
- Controlled Delivery: A law enforcement technique where illicit consignments are allowed to proceed under supervision to identify offenders.
- Controlled Substance: Any material notified by the Central Government due to its potential use in drug manufacture.
These terms emphasize modern enforcement strategies and supply chain regulation.
5. Illicit Traffic (Subsection viiib)
- Broadly defined to include illegal activities related to cultivation, production, possession, sale, transport, import/export, and financing or supporting these actions involving narcotic drugs or psychotropic substances.
This comprehensive definition ensures that all aspects of drug-related criminal activity are covered under the law.
6. Manufactured Drug and Medicinal Cannabis (Subsections xi–xii)
- Manufactured Drug: Includes derivatives of coca, opium, and other notified narcotic substances, except those excluded by government notification.
- Medicinal Cannabis: Extracts or tinctures of cannabis used for medical purposes.
These terms highlight the Act’s regulatory balance between penalizing misuse and allowing controlled medicinal use.
7. Opium and Related Terms (Subsections xv–xviii)
- Opium: Coagulated juice of the opium poppy and mixtures containing more than 0.2% morphine.
- Opium Derivative: Includes medicinal opium, heroin (diacetylmorphine), and preparations containing significant morphine levels.
- Opium Poppy: The species Papaver somniferum and any other notified species that can yield opium or its alkaloids.
- Poppy Straw: Parts of the opium poppy (except seeds) after harvesting.
These definitions are critical for the Act’s focus on controlling opium-based substances.
8. Psychotropic Substance (Subsection xxiii)
- Refers to any natural or synthetic substance or preparation included in the specified schedule of psychotropic substances.
This term encompasses a wide range of substances affecting the mind and is central to the Act’s scope.
9. Commercial Quantity and Small Quantity (Subsections viia, xxiiia)
- Commercial Quantity: Quantities larger than those specified by the Central Government.
- Small Quantity: Quantities smaller than the government-specified limits.
These distinctions determine the severity of penalties under the Act.
10. Import, Export, and Transport (Subsections xxiv–xxviii)
- Import Inter-State: Bringing substances from one state/union territory to another.
- Import Into India: Bringing substances into India from outside, including transit in vessels or aircraft.
- Export From India: Taking substances out of India.
- Transport: Moving substances within the same state or union territory.
These terms regulate the movement of narcotic and psychotropic substances across borders and within India.
Explanation and Purpose of Section 2
- Clarity and Standardization: Ensures that the Act is uniformly interpreted across judicial and enforcement bodies.
- Flexibility: Allows the Central Government to update definitions (e.g., adding controlled substances) to address new challenges.
- Scope and Applicability: Defines key substances and activities, forming the basis for determining offenses, penalties, and regulatory controls.
