Section 9A: Narcotic Drugs and Psychotropic Substances Act

1[9A. Power to control and regulate controlled substances.– (1) If the Central Government is of the opinion that, having regard to the use of any controlled substance in the production or manufacture of any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it may, by order, provide for regulating or prohibiting the production, manufacture, supply and distribution thereof and trade and commerce therein.

(2) Without prejudice to the generality of the power conferred by sub-section (1), an order made thereunder may provide for regulating by licences, permits or otherwise, the production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption, use, storage, distribution, disposal or acquisition of any controlled substance.]

1 Ins. by Act 2 of 1989, s. 6 (w.e.f. 29-5-1989).

Simplified Explanation

Section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) empowers the Central Government to regulate and control substances that are deemed essential for the production or manufacture of narcotic drugs or psychotropic substances. These substances are termed controlled substances.

Key Provisions

1. Central Government’s Authority to Regulate (Section 9A(1))

• The Central Government has the authority to regulate or prohibit the production, manufacture, supply, distribution, and trade of controlled substances if it is necessary for the public interest.
• The regulation can apply to substances that are involved in the production or manufacture of narcotic drugs or psychotropic substances, ensuring these materials are controlled for safety, legal, and health reasons.

2. Detailed Regulation by Licenses, Permits, etc. (Section 9A(2))

• The Central Government can regulate the following activities concerning controlled substances:
  • Production and Manufacture
  • Possession
  • Transport (including inter-State transport)
  • Import and Export (inter-State, international)
  • Sale and Purchase
  • Consumption and Use
  • Storage and Distribution
  • Disposal and Acquisition
• These regulations can be enforced through the issuance of licenses, permits, or other appropriate means to ensure that all activities involving controlled substances are done legally and under strict supervision.

Key Implications

1. Public Interest Protection
   This provision ensures that controlled substances, which could potentially be misused in the production of harmful narcotics or psychotropic drugs, are subject to rigorous regulation for public safety.
2. Broad Regulatory Powers
   The Central Government has a wide array of powers to regulate every aspect of controlled substances, from their production and storage to their distribution and consumption, effectively minimizing misuse or illegal trade.
3. Licensing & Oversight
   The requirement for licenses and permits ensures that only authorized entities are involved in the handling of controlled substances, with regular oversight and monitoring.
4. Response to Emerging Threats
   By empowering the government to regulate or prohibit substances in response to new public health or safety concerns, Section 9A provides a mechanism for the government to act swiftly in the face of changing circumstances.

Conclusion

Section 9A enhances the Central Government’s control over controlled substances, ensuring that these materials, which may be used in the manufacture of narcotic drugs or psychotropic substances, are regulated to protect public health and safety. The regulation involves strict oversight through licensing, permits, and controls over various stages of production, distribution, and trade.