Amendment status not verified — confirm the current text below against the official source.
lns. by Act 2 of 1989, sec.3 (w.e.l 29-5-1989). The Nat@tic Drugs and Psydotropic Substances Act, 1985 [S6c. 2 mole than 2.5olo in undivided preparations and which have been established in therapeulic practice; (2\ (3) (4) 1-phehethyl4-N - propionylanilino-piperidine (the international-non-proprietary ndme of rihich is Fentinvll and its saltb and DreDarations. adrnixtures,' exfracts or | - proplonvE rno-ptpenorne (rne lnlerTEnonal-non-l is Fentinylf and itssilds and preparations, adrnixtures, name of like) and its esters and salts of other substances amino 4: Dcodide, Codinovo, Dconond, Hycodan, M like) and its esters and salts of its a6tels, and Multacodin, Ny rd preparations, of these dnigs; ptanone-3 (gthprryise known as _ 6-dimethyl and as Metludone) and its salts such is (Adanon, Dolafin, Amidone, AmdosarL Butalgin, Depridol, Daminon, Danone, Dolohine. Doriexol. HeDddol, FleDtanal, Hoechst, 10820, Dolphine, Doriexol, Heptidol, Heptanal, Hoechst, 10820, , Mepection, Mephenon, Miadone,- Moheptal, Physeptone, Detalsine, Mecodin, Mepection, Mephenon; Miadone, Moheptal, Physeptone, Psyso"peptone, Polamidoi, Simron, Tumanon and the likg) ind_ prepari,tions, rsysopeptone, roEmlqon, >unron, lumanon anq ure [Ke, ano prel a&niituies, extracts or other substances containing any of these drirgs; (U) Mlfilil;^O its saltB and all preparations contain'ing-more than 0.2-per cent. of (6) Dhydroxy Codeinone (cornno:rly known - as _ Oxy-go-dong,. and Dihydroxycodeinone), its salts (sulh as Eucodal, Boncbdal, Dinarcon, Hvdrolauilin. Nucodan- Percodan- Scoohedal. Tebodol and the like). its esters and Lrnycuoxycoqelnoner, lrs 5alr5 (sucn as Eucooal, Dorlcoudr, urrrdr HydrolauA-in, Nucodary P-ercodan, Scophedal, Tebodol and the like), its esters th'e salts of its esteF and preparationi, admixtures, extracts or other substances containinq anv of these drugs. dr S.O. 11€1(E), dated 5th Miy, conalmnq anv or mese c Ivide s.o.1131(E), dared 5th IVide S.O. u€1(4, dated 5th M;y, 2015, published in the Gazette of lndia, Extra., Pt. II, S&. 3(ii), No. 923, dated 5th May, 2015.1 ' (i) A person, who assists " ""tSPtXY:ilIi"r in concealins the narcotics in his apariment'so th;t the trafficker may avoid detection, is involved in illicit traffic; R. v. Iicksn, (1977'135 CCC (2d) 331. ' (ii) Ii mav be noted ihat clause (iv) of s€ction 2 (viiia) is independent of other clauses and is in the inture of a residuary frovision. It would include ari activity of distribution; R. Pa*ash v. Srate of Khnatakn, (I9b0) Cr LJ 165. (iii) The definition of the term 'manufacture' as contained in section. 2(x) is an inclusive one. Where the definition is an inclusive definition, the word not only bears its ordinary, popular and natural sense whenever that would be applicable but it'also bears its exteid6d ltatutory meaninq; S. K. Gutta v. K.P. Iain, NR 1979 {.734- (iv) Heroin beini an opiuff is manufachrrcd drug; T.Paul Kuki v State of west Benga[ (1993) 3 Crimes 6601Cal) lDB). ' (v) lt is true thit opiurn is substance which once seen and smelt can never tre forsotten because ooium'possesses a characteristic appearance and a very strong and cha"racteristic scent. lt is p6ssible for p€ople to identifibpium without having to subiect the Droduct to a chernical analvsis. lt'is dnlv when opium is in a mixhrre so aliluted ihat its erisential characteristics are hot easilv viSible or cdpable of being apprehended by the senses that a chemical analysis may b'e necessary; Baidyanath Miahri -v. State of Aris$' (1961 SCD 1165: 34 Cut LT 1. tfremical analvsie Necessitv 6f chemical analvsis is onlv whm opium is in a mixture so diluted that its essential chaiacteristics are no[ easily viiible or cipable of being -comPrehended by the senses. ln case opium is not mixed up with anv other material, its chemical analysis $ not required at all; AarJit singh v. state 6J Punjob, (2011) 4 SCC ,141: Ir 2011 (4) SC 100: (2011) 4 SCALE 116: 2011 Cr Ll 2332. word "coagulated" : ly.gTl"g_ Allry fnJ *8ta ''i&s,rlated" &currini in section 2(xvxa) means solidified, clotted, curdled-somethine w*l'rich has commenied in cuded/solid totm; Harjit Singh v. Stote oJ curdled-somethine wllich has commenEed in cuded/solid totm; Harjit Singh v. Stote of Punjab, (211ll4 SCC ,141: Ir 201I (4-) SC 100: (2011)-4 SCA.Lp, 116: 2011. Cy LJ 2332. - '3. Powei to add to'or onit'fiom the iiet 6f psychotroPic aubstances.-The Central Govemment may, if satisfied that it is necesbary or axpedient so to do on the basis of- (a) the information and evidence which has become available to it with respect to the nature and effects of, and the abuse or the scope for Sec. 4l The Narcotic Drugs and Psychotropic Substances Act' 1985 I abuse of, any substance (natural or synthetic) or 11!ural material or any salt or ireparation of such subslance or material; and (b) thJ modificjtioirs or provisions. (if any) which have been made to or *' i"-;t Intemationai Convention with respect to such substance' nafural material o, sulio' ptepatution of such substance or material' by notification in tft" O]fi"iut Crt"tte, lad to, or, as !h9 case may.be' omit from' tli"'iliJ;;t h.iropic substances specified 1n tfy |neaubluch substance or naL.at ,r,ai"ilat o. sult o, preparation of such substance or material' CHAWER II AUTHORITIES AND OFFICERS 4.CentralGovernmenttotakemeasuresforpreventingandcombating abuse of and illicit traffic in narcotic drugs, etc.{) subiect to the provisions ; ;; ;t the Cencal Govemment shall-take all such measures as it deems i"""o"- or expedient for the purpose of preventing and c-ombating 3l*:.of ;;Xtil;][;-;t;nit opi.'*ri'tt*tes and the iliicit traffic therein r[and for ensurinq thelr medlcil and scientific usel' "-i;;'t;;;;i;;l^i-itn""t p*iudice to the generalitv of the provisions,of sub-section (1), the measrrres which the Cenhal Govemment may take unoer tne sub-section include measures with resPect to all or any of the following matters, namely:- '*"'-'' i") coordination of actiors by various officers' State Govemments and other authorities- (i) under this Act, or (iij ,r"d". any other law for the time being in- force in connection ' with the Lnforcement of the provisions of this Act; (b) obligations under the lntemational Conventioru; i.i "itiit*"" to the concemed authorities in foreign countries and concemed intemational organisations with a view to facilitating coordination and universal fction for prevention and suppression of illicit traffic in narcotic drugs and PsychotroPic substances; (d) identificauon, treatment, eiucatioi,'after cire' rehabilitation and social re-integration of addicts; 2[(da) availability Jf narcotic drugs and psychotroPic substances for medical and scientific usel (e) such other matters as the Central Goverrunent deems necessary or '-' "tpeaiettt for the PurPose of securing the effective implementation of the provisions 'of 'this ect and pieventing and combating the abuse oi narcotic drugs and psychotr-opic substances and illicit traffic therein. (3) The Central Govemment may, if it considef it n:S"t::tyJl.elqe{ient go t" d;'f;; thu p..rpo""" of this Act, 'by ordet published in,the official Gazette' constitute an iutliority or a hierarchy of authorities by. such name or names as mav be specitied in the order for the purpose of exercising such of the powers "n<i functions of the Central Govemment under this Act and for taking measures *iit i*p*t to such of the matters referred to in sub-section (2) as may be mention;d in the order, and subiect to the suPervision and control of the Central --i. G-. uy e"t ro of 2014, s€c. 3(a) (w.e.f. Lrm14, oide s'o 1183(E)' dated 30th APril' 2014)'