(1) Subject to the provisions of section 8, the Central Government may, by rules–
(a) permit and regulate–
(i) the cultivation, or gathering of any portion (such cultivation or gathering being only on account of the Central Government) of coca plant, or the production, possession, sale, purchase, transport, import inter-State, export inter-State, use or consumption of coca leaves;
(ii) the cultivation (such cultivation being only on account of Central Government) of the opium poppy;
(iii) the production and manufacture of opium and production of poppy straw;
1[(iiia) the possession, transport, import inter-State, export inter-State, warehousing, sale, purchase, consumption and use of poppy straw produced from plants from which no juice has been extracted through lancing;]
(iv) the sale of opium and opium derivatives from the Central Government factories for export from India or sale to State Government or to manufacturing chemists;
(v) the manufacture of manufactured drugs (other than prepared opium) but not including manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess;
1[(va) the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs:
Provided that where, in respect of an essential narcotic drug, the State Government has granted licence or permit under the provisions of section 10 prior to the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 (16 of 2014), such licence or permit shall continue to be valid till the date of its expiry or for a period of twelve months from such commencement, whichever is earlier.]
(vi) the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of psychotropic substances;
(vii) the import into India and export from India and transhipment of narcotic drugs and psychotropic substances;
(b) prescribe any other matter requisite to render effective the control of the Central Government over any of the matters specified in clause (a).
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
(a) empower the Central Government to fix from time to time the limits within which licences may be given for the cultivation of the opium poppy;
(b) require that all opium, the produce of land cultivated with the opium poppy, shall be delivered by the cultivators to the officers authorised in this behalf by the Central Government;
(c) prescribe the forms and conditions of licences for cultivation of the opium poppy and for production and manufacture of opium; the fees that may be charged therefor; the authorities by which such licences may be granted, withheld, refused or cancelled and the authorities before which appeals against the orders of withholding, refusal or cancellation of licences shall lie;
(d) prescribe that opium shall be weighed, examined and classified according to its quality and consistence by the officers authorised in this behalf by the Central Government in the presence of the cultivator at the time of delivery by the cultivator;
(e) empower the Central Government to fix from time to time the price to be paid to the cultivators for the opium delivered;
(f) provide for the weighment, examination and classification, according to the quality and consistence, of the opium received at the factory and the deductions from or additions (if any) to the standard price to be made in accordance with the result of such examination; and the authorities by which the decisions with regard to the weighment, examination, classification, deductions or additions shall be made and the authorities before which appeals against such decisions shall lie;
(g) require that opium delivered by a cultivator, if found as a result of examination in the Central Government factory to be adulterated, may be confiscated by the officers authorised in this behalf;
(h) prescribe the forms and conditions of licences for the manufacture of manufactured drugs, the authorities by which such licences may be granted and the fees that may be charged therefor;
2[(ha) prescribe the forms and conditions of licences or permits for the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of essential narcotic drugs, the authorities by which such licence or permit may be granted and the fees that may be charged therefor;]
(i) prescribe the forms and conditions of licences or permits for the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of psychotropic substances, the authorities by which such licences or permits may be granted and the fees that may be charged therefor;
(j) prescribe the ports and other places at which any kind of narcotic drugs or psychotropic substances may be imported into India or exported from India or transhipped; the forms and conditions of certificates, authorisations or permits, as the case may be, for such import, export or transhipment; the authorities by which such certificates, authorisations or permits may be granted and the fees that may be charged therefor.
1. Ins. by Act 16 of 2014, s. 4 (w.e.f. 1-5-2014).
2. Ins. by Act 16 of 2014, s. 4 (w.e.f. 1-5-2014).
Simplified Explanation
Section 9 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) grants extensive powers to the Central Government to regulate and control the cultivation, production, manufacture, possession, sale, and use of narcotic drugs and psychotropic substances, subject to the provisions outlined in Section 8.
Key Provisions
1. Central Government’s Authority (Section 9(1))
The Central Government has the authority to permit and regulate the following activities through rules:
- Cultivation & Gathering
- The cultivation or gathering of coca plants or opium poppies, strictly under the Central Government’s authorization.
- Production, Manufacture, & Sale
- The production, manufacture, possession, and sale of opium, poppy straw, and essential narcotic drugs.
- Includes the sale of opium derivatives from Central Government factories.
- Use and Consumption
- The consumption, use, sale, and transport of narcotic drugs and psychotropic substances under controlled conditions and strictly for medical or scientific purposes.
- Psychotropic Substances
- Similar regulations apply to the manufacture, possession, transport, export, and use of psychotropic substances.
- International Trade
- The import and export of narcotic drugs and psychotropic substances, including their transshipment.
- Essential Narcotic Drugs
- Specific provisions for the manufacture, possession, transport, and sale of essential narcotic drugs, such as morphine or codeine.
2. Powers to Set Limits and Conditions (Section 9(2))
The rules set by the Central Government may empower it to:
- Fix Limits for Cultivation
- Set limits on the cultivation of opium poppy and regulate the quality of opium produced.
- Opium Delivery
- Ensure that all opium produced is delivered to authorized officers for further processing.
- Opium Classification
- Establish procedures for weighing, examining, and classifying opium based on its quality and consistency.
- Licensing and Permits
- Regulate the licensing process for various activities related to narcotic drugs, such as cultivation, production, manufacture, and trade. This includes specifying the forms, conditions, and fees associated with licenses.
- Price Fixation
- Set the price for opium delivered by cultivators, based on quality assessments.
- Adulteration and Confiscation
- Ensure that opium found to be adulterated during examination may be confiscated by authorized officers.
3. Rules for Psychotropic Substances & Essential Narcotic Drugs
The government has the power to:
- Regulate the licensing for essential narcotic drugs and psychotropic substances (such as cannabis or synthetic drugs).
- Determine the ports and places for importing, exporting, or transshipping narcotic drugs and psychotropic substances.
- Set the conditions for the import/export permits and fees related to these activities.
Key Implications
- Strict Control
The Central Government has substantial control over the entire supply chain of narcotic drugs and psychotropic substances, from cultivation to consumption, with an emphasis on regulating medical and scientific use. - Licensing and Authorization
Individuals or entities involved in the regulated activities must obtain the appropriate licences or permits from the relevant authorities. These licenses are subject to strict conditions and oversight. - Enforcement and Monitoring
The government has the power to monitor compliance with the rules and take action against violations, including confiscation of illicit substances. - International Trade Regulation
Rules governing the import and export of narcotic drugs and psychotropic substances ensure that India complies with international drug control conventions. - Revenue Generation
The rules provide for the collection of fees related to licenses, permits, and other regulatory processes, contributing to the regulation of this sector.
Conclusion
Section 9 provides a framework for the Central Government’s control over the cultivation, production, and trade of narcotic drugs and psychotropic substances, while balancing the need for regulation and enforcement. The rules formulated under this section ensure that these activities are carried out for medical, scientific, and legitimate purposes and that appropriate safeguards are in place to prevent misuse.
