THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (REGULATION OF CONTROLLED SUBSTANCES) ORDER, 19931 The Central Government being of the opinion that having regard to the use of the controlled substance in the production or manufacture of the narcotic drug or psychotropic substance, it is necessary and expedient so to do in the pubic interest, in exercise of the powers conferred by section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) hereby makes the following order:-
1. Short title and commencement.-(l) This order may be called the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 1993.
(2) It shall come into force on the 15th day of April, 1993.
2. Definitions.--(I) In this Order unless the context otherwise requires,-
(a) "Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(b) "Form" means a fonn appended with this Order;
(c) "Controlled Substances" means any substance declared by the Central Government under clause (viia) of section 2 of the Act;
(2) Words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them.
3. Manufacture, distribution, sale, imports, exports and consumption of controlled substance.--( 1) Every person who manufactures or distributes or sells or imports or exports or consumes any controlled substance shall maintain daily accounts of his activities in Fonn I or Fonn 2, as the case may be. The records of his activity shall be preserved for a period of two years from the date of last entry in the register. 2[(2) He shall report to the Director General, Narcotices Control Bureau, Wing No.5, West Block-I, R.K. Puram, New Delhi-l10066 immediately regarding any loss or disappearance of the controlled substances under his control. A copy of the report shall also be endorsed to the Zonal Director of the Narcotics Central Bureau within whose area of jurisdiction such loss or disappearance occurred.
4. Transport of controlled substance.--(l) A consignment of controlled substance shall be moved from one place to another place only, when it is accompanied by a Consignment Note in Fonn 3.
(2) The Consignment Note shall be prepared in triplicate. The original and duplicate copies of the Consignment Note shall be sent along with the consignment to the consignee, who shall return the duplicate copy to the consignor for retention after endorsing on the original and duplicate copies the particulars of quantity received by him.
(3) The consignor shall make necessary entries on the triplicate copy of the Consignment Note with reference to the receipt of the controlled substance indicated on the duplicate copy of the Consignment Note.
1. Vide G.S.R. 29S(E), dated 24th March, 1993, published in the Gazette of India, Extra., Pt. II, Sec. 3, No. 107, dated 24th March, 1993.
2. Subs. by G.S.R. 26(E), dated 12th Janurary, 1996 (w.e.f. 12-1-1996). 86 The NDPS (Regulation of Controlled Substances) Order, 1993
(4) In the case of any consignment of the controlled substance which is imported into India, such consignment from the port of entry to any warehouse or factory or business establishment or premises of the importer or consumer, as the case may be, shall be accompanied by a Bill of Entry.
(5) The Consignment Note or the Bill of Entry, as the case may be, shall be preserved for a period of two years by the consignor and the consignee or importer, as the case may be.
(6) No transporter shall carry a consignment of controlled substance without a Consignment Note or Bill of Entry.
(7) The transporter shall produce the consignment Note or Bill of Entry, as the case may be, when required by an officer (being an officer superior in rank to a peon, sepoy or constable) of the department of central excise, narcotics, customs, revenue, intelligence or any other department of the Central Government or of Border Security Force as is empowered in this behalf by general or special order by the Central Government, or any officer (being an officer superior in rank to a peon, sepoy or constable) of the revenue, drug control, excice, police or any other departmenl of a State Government including Union Territory Administration as is empowered in this behalf by general or special order of the State Government including Union Territory Administration authorised under this clause. 1[(8) Whenever controlled substances are transported by motorised tankers, all the inlets and outlets of the tankers shall be sealecJ.with tamper-proof seals each of which shall have identifiable description. Such seal shall be affixed at the premises of the Consignor and removed at the premises of the consignee. The description of tamper-proof seal affixed on the tanker shall be entered on the Consignment Note/Bill of Entry with each consignment. No person shall use or possess any tamper-proof seal which has indentifiable description on it identical to another tamper-proof seal.
(9) Whenever a consignment of controlled substance is transported from the area which comes within the jurisdiction of a Zonal Director of the Narcotics Control Bureau to an area which comes within the jurisdiction of another Zonal Director of the Narcotics Control Bureau, the consignor shall send a quarterly report to the latter Zonal Director in Form 6.
Explanation.- For the purpose of quarterly report under this clause, the area of jurisdiction of the Zonal Directors are the areas as specified in Form 4 of this order.]
5. Bulk selling of controlled substance.-Every person who sells a controlled substance to a buyer in a transaction of one hundred kilograms and above shall sell so only after the buyer establishes his identity by production of a document like industrial licence or any registration certificate under any law or other similar document which establishes his identity and upon a declaration being made of the purpose for which the controlled substance is being purchased.
6. Labelling of consignment for export or import.-Every container or vessel containing a controlled substance in a consignment for export or in a consignment which is imported shall be labelled prominently giving details of the name and quantity of the controlled substance, name and address of the exporter and importer and the
1. Ins. by G.S.R. 26(E), dated 12th Jam:rary, 1996 (w.e.f. 12-6-1986). - The NDPS (Regulation of Controlled Substances) Order, 1993 87 consignee if any. The documents relating to the import or export of the controlled substance such as invoice, cargo manifests, customs, transport and shipping documents shall contain the details such as name of the controlled substance, quantity and the name and address of the consignee, exporter and the importer and the documents shall be preserved for a period of two years.
7. Filing of returns.-(I) Every person mentioned in clause 3 of this Order shall send quarterly return by registered post in Form 4 or Form 5, as the case may be, to the concerned Deputy Director, Narcotics Control Bureau, whose address is given in the Form. The quarters of this purpose shall be January to March, April to June, July to September and October to December. The return shall be despatched before the last day of the month following the quarter.
(2) Schools, Colleges, Universities, Government or autonomous institutions, Registered Scientific Societies and Hospitals using the controlled substance for educational scientific and analytical purposes are only exempted from maintaining records as prescribed under clause 3 and sending returns as prescribed under this clause. But they shall comply with other provisions of this Order.
(3) The persons who are to send quarterly returns under this clause shall intimate in Form No.4 or Form No.5, as the case may be, to the concerned Deputy Director, Narcotics Control Bureau, whose address is given in the Form upto the 15th day of May, 1993 regarding the opening balance of stock of the controlled substance possessed by him as on the J5th day of April, 1993. The first regular shall be-sent for the period from 15th April, 1993 to 30th June, 1993. FORM I REGISTER OF MANUFACTURE OF CONTROLLED SUBSTANCES (See clause 3) Date: Quantity In hand at the beginning of the day Name of the Controlled Substance: Quantity of DetaIls of Total the substance quantity of quantity manufactured the controlled sent out of substance sent the factory out of the factory To whom sent (Name and address of the person and location of the premises to be given) Quantity in hand at the close of the day Handhng losses, if any 88 The NDPS (Regulation of Controlled Substances) Order, 1993 Note: I. The quantity shall be indicated in kilograms.
2. This record shall be maintained on day-to-day basis and entries shall be made for each day the establishment opens for work irrespective of whether there are any transactions or not and entries shall be completed for each day before the close of the day and incharge of the factory shall initial after the entries. The pages of the register shall contain running number.
3. If more than controlled substance is dealt with, separate register shall be main tained for each of such substances. FORM 2 REGISTER OF CONSUMPTION, SALE, IMPORT OR EXPORT OF CONTROLLED SUBSTANCE (See clause 3) Date Name of the controlled substance: Quantity in hand Details of quantity of the substance received at the beginning SI. Quantity From whom Consign-of the day No. received ment Note/ (Name and Bill of address of the Entry No. person to be given) 2 3 4 5 Details of quantity of the substance Distributed/sold/ exported/imported/consumed SI. No. Quantity To whom sold/sent consumed (Name and address of the person and location of the premises to be given) Consignment Note or Issue Slip No. 6 7 8 9 10 Note: I.
2.
3.
4. The quantity shall be indicated in kilograms. This record shall be maintained on day-to-day basis and entries shall be made for each day the establishment opens for work irrespective of whether there are any transaction or not and entries shall be completed tor each day before the close of the day and incharge shall initial after the entries. The pages of the register shall contain running number. If more than one controlled substance is dealt with separate register shall be maintained for each such substance. Strike out whatever is inapplicable. Serial No The NDPS (Regulation of Controlled Substances) Order, 1993 89 FORM 3 CONSIGNMENT NOTE (To accompany a consignment of controlled substance) (See clause 4) Date and time of despatech of the consignment I.
2.
3. Name and address of the consignor: (manufacturer, dealer, distributor or importer) Name and address of the consignee; (manufacturer, dealer, distrIbutor or exporter) Central Excise Registration No. or Sales Tax Registration No. or Personal Account No. (Income-tax or Registration No. 'un der the Shops and Commercial Establishments Act or Registration No. given by the Department of Industry, if any. of the consignee.
4. Description and quantity of the consignment:- Particulars of controlled No. of package substance Quantity Gross Weight Net Weight
5. Mode of transport (Particulars of the transporter, Registration number of the vehicle, R.R. if the Transport is by Railway or Goods Transport, if any). l[The total number of tamper-proof seals affixed on motorised tankers and each of their description.] Signature of the consignor with date (Name in capital letters)
6. Date and time of receipt by the consignee and his remarks Signature of the consignee and his remarks Notes (I) This Consignment Note should be serially numbered on annual basis.
(2) The consignor should record a certificate on the cover page of each book containing Consignment Notes indicating the number of pages contained in the consignment Note-Book.
(3) The books containing Consignment Notes used or currently under use shall be produced to the authorised officer whenever called upon. FORM 4 Quarterly Return of Manufacture of Controlled Substance (See clause 7) Return for the quarter ending on . I. Name of the manufacturer
2. Address
3. Name of the controlled substance
4. Opening balance of the controlled substance at the beginning of the quarter.
5. Details of manufacture and sale I. Ins. by G.S.R. 26(E), dated 12th Janurary, 1996 (w.e.f. 12-1-1996). 90 The Narcotic Drugs and Psychotropic Substances Rules, 1993 Manufacture Total To whom sold (Name and address of the person and location of the premises) Sale Total:
6. Closing balance at the end of the quarter. Certified that the information given below is correct and the relevant records are avail able with me/us. Signatufe: Name: Designation: Date .
Note: I. The quantity should be indicated in kilograms.
2. For each controlled substance, separate return shall be sent.
3. This return is to be sent to the concerned Deputy Director, Narcotics Control Bureau whose address is given below:- SI. No.
1.
2.
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4.
5.
6. Area within which the officer or estabiishment of the manufacturer, seller, distributor, importer or exporter falls 2 '[States of Haryana, and the National Capital Territory of Delhi] State of Rajasthan States of Uttar Pradesh and Bihar States of Arunachal Pradesh, Assam, Manipur, Meghalaya. Mizoram, Nagalillld, Orissa, Sikkim, Tripura and West Bengal and the Union Territory of the Andaman and Nicobar Islands '[States of Goa, Mabarashtra, and Madhya Pradesh] States of Andhra Pradesh, Kamataka, Kerala and Tamilnadu and the Union Territories of Lakshadweep and Pondicherry. To whom quarterly Return is to be sent 3 Deputy Director, Narcotics Control Bureau, Delhi Zonal Unit, Wing-7, Second Floor, West Block-I R.K. Puram, New Delhi-l 10066. Deputy Director, Narcotics Confrol Bureau, Jodhpur Zonal Unit, C-20, Shastri Nagar, Jodhpur (Rajasthan). Deputy Director, Narcotics Control Bureau, Varanasi Zonal Unit, 56, Prashantpuri (DIC Colony), Varanasi-22 1002. Deputy Director, Narcotics Control Bureau, Eastern Zonal Unit, 4/2 Karaya Road, 3rd Floor, Ca1cutta-7000l2. Deputy Director, Narcotics Control Bureau, Bombay Zonal Unit, Exchange Bldg, 3rd Floor, Sprott Road, Ballard Estate, Bombay-400038. Deputy Director, Narcotics Control Bureau, Southern Zonal Unit, 21 & 22, Gopala Krishna Iyer Road, T. Nagar, Madras-6000l7.
1. Subs. by G.S.R. 32 (E), dated I llh January, 2000 (w.e.f. 11-1-20(0). The Narcotic Drugs and Psychotropic Substances Rules, 1993 91 '[7.
8.
9. 2 State of Punjab, Himachal Pradesh & Union TerritoI)' of Chandigarh State of Jammu & Kashmir State of Gujarat & Union TerritoI)' of Daman & Diu, Dadara & Nagar Haveli. 3 Zonal Director, NCB, Chandigarh, House No. 90, Sector 2. Zonal Director, Jammu Zonal Unit, NCB, 33 BIB, II Extension, Gandhi Nagar, Jammu Zonal Director, NCB, Ahmedabad, 6th Hoor, Screen Building, Drive-in-Cinema. Thaltej Road, Ahmedabad-380054.] FORM 5 Quarterly Return of Receipt, Import, Sale, Consumption or Export of Controlled Substance (See clause 7) Return for the quarter ending on .. I. Name of the seller, distributor, exporter, importer or consumer*
2. Address:
3. Name of the Controlled substance:
4. Opening balance of the Controlled substance at the beginning of the quarter:
5. Details of quantity received and sold, consumed or exported* : Receipt Date Total Received from whom (Name and address of the person) Consignment Note No.1 Bill of Entry No. Quantity received Sale, consumption or export Date received To whom sent (Name and address of the person and location of the premises) Total Consignment Note Quantity sent or No.lBill of Entry No. consumed
6. Closing balance at the end of the quarter. Certified that the information given above is correct and the relevant records are avail able with me/us. Date:
Note: l.
2.
3.
4. Signature: Name: Designation: The quantity should be indicated in kilograms. For each controlled substance, separate return shall be sent. *Strike out whichever is not applicable. This return is to be sent to the concerned Deputy Director, Narcotics Control Bureau whose address is given below:-
1. Ins. by G.S.R. 32 (E), dated lIth January, 2000 (w.e.f. 11-1-2000). 92 The Narcotic Drugs and Psychotropic Substances Rules, 1993 S I . No. I.
2.
3.
4.
5.
6.
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9. Area within which the office or establishment of the manufacturer seller, distributor, importer or exporter falls. 2 '[States of Haryana and the National Capital Territory of Delhi] State of Rajasthan States of Uttar Pradesh and Bihar States of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Sikkim, Tripura, West Bengal and the Union Territory of the Andaman and Nicobar Islands '[States of Goa Gujarat, Maharashtra, and Madhya Pradesh] States of Andhra Pradesh, Kamataka, Kerala and Tamilnadu and the Union Territories of Lakshadweep and Pondicherry States of Punjab, Himachal Pradesh & Union Territory of Chandigarh. State of Jammu and Kashmir States of Gujarat and Union Territory of Daman and Diu. Dadara and Nagar Haveli. To whom Quarterly Return is to be sent. 3 Deputy Director, NarcotIcs Control Bureau, Delhi Zonal Unit, Wing No.7 Second Floor, West Block I, R.K. Puram, New Delhi-I 10066. Deputy Director, Narcotics Control Bureau, Jodhpur Zonal Unit, C-20, Shastri Nagar. Jodhpur (Rajasthan) Deputy Director, Narcotics Control Bureau, Varanasi Zonal Unit, 56-Prashantpuri, (DIG Colony) Varanasi-22 1002. Deputy Director, Narcotics Control Bureau, Eastern Zonal Unit, 412,Karaya Road, 3rd Floor, Calcutta 700017. Deputy Director, Narcotics Control Bureau. Bombay Zonal Unit, Exchange Bldg., 3rd Floor, Sprott Road, Ballard Estate, Bombay-400038. Deputy Director, Narcotics Control Bureau, Southem Zonal Unit, 21 & 22 Gopala Krishna Iyer Road, T. Nagar, Madras-600017. Zonal Director, NCB, Chandigarh, House No. 90, Sector 2. Zonal Director. Jammu Zonal Unit. NCB, 33 BIB II Extension, Gandhi Nagar, Jammu Zonal Director, NCB, Ahmedabad. 6th Floor, Screen Building, Drive-in-Cinema. Thaltej Road. Ahmedabad-380054]. '[FORM 6 Quartl;rly Report on Transport of Controlled Substance to a Consignee outside the zone of a Consignor [See sub-clause (9) of Clause 3] Report for the quarter ending on . I. Name of the Consignor
2. Address
3. Name of the Controlled Substance
4. Details of the consignments sent to the area of jurisdiction of the Zonal Director. Narcotics Control Bureau to whom the report is sent. Sl. No. Dated on which Quantity To whom sent sent (indicate name and address) Consignment Note No. Mode of transportation Signature: Name: Designation:
Note I. The quantity should be indicated in Kilogram:
2. For each controlled substance a separate retum shall be sent.] I. Subs. by G.S.R. 32 (E), dated 11th January, 2000 (w.e.f. 11-1-2000).
2. Ins. by G.S.R. 32 (E), dated 11th January, 2000 (w.e.f. 11-1-2000).
3. Addcd by G.S.R. 26 (E), dated 12th January, 1996 (w.eJ. 12-1-1996).