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2.
Definitions. In this
Act, unless the context otherwise requires
–
(i)
"addict" means a person addicted to 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
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1. Ins. by
Act 2 of 1989, s. 2 (w.e.f. 29.5.1989).
2. This
Act
came in to
force
in the whole of
India on
14-11-1985:
Vide Notification No. S.O. 821
(E)
dated,
14-11-1985,
Gazette of
India, Extraordinary, 1985, Part II, Section-3
(ii).
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(c)
any mixture, with or without any neutral
material, of any of the above forms of cannabis
or any drink prepared there from;
(iv)
"cannabis plant" means any plant of the
genus cannabis;
(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, out 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;
1*(viia)
"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;
1*'(viiia)
"illicit traffic", in relation to
narcotic drugs and psychotropic substances,
means –
(i)
cultivating any coca plant or gathering
any portion of caca 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 (ii); 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, there under, 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
aforementioned 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
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1.
Ins. by Act 2 of 1989, s. 3 (w.e.f.
29-5-1989.
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(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 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 diamorphine 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;
(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;
(xxviia) "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 1973) 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 :
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1.
Ins. by Act 2 of 1989, s. 3 (w.e.f.
29-5-1989).
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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.
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