NDPS Act 1985 with Rules 1985-Authorities and Officials-

Authorities and Officials-

(A) Measures to Prevent and Combat Narcotic Drug Abuse and Illicit Trafficking:

The Central Government, as stipulated by this legislation, is empowered to undertake various actions related to the enforcement of this Act and other relevant laws. These actions include:

1. Coordinating actions among different officers, State Governments, and relevant authorities involved in enforcing this Act or other existing laws concerning the enforcement of its provisions.
2. Fulfilling obligations under International Conventions.
3. Providing assistance to foreign authorities and relevant international organizations in preventing and suppressing illicit trafficking of narcotic drugs and psychotropic substances.
4. Addressing the identification, treatment, education, aftercare, rehabilitation, and social reintegration of addicts.
5. Addressing any other matters necessary for the effective implementation of this Act and for preventing and combatting the abuse of narcotic drugs, psychotropic substances, and illicit trafficking.

(B) Central Government Officers:

Under the provisions of this Act, the Central Government is authorized to appoint a Narcotic Commissioner and other officers as deemed necessary. The Narcotic Commissioner, either independently or with the assistance of other officers, shall carry out functions related to:
(i) Supervising the cultivation of opium poppy;
(ii) Overseeing the production of opium; and
(iii) Handling other functions as delegated by the Central Government.

State Governments may appoint suitable officers for the purposes of this Act.

(C) The Narcotic Drugs and Psychotropic Substances Consultative Committee:

To ensure efficient administration of this Act, the Central Government may establish an advisory committee named "The Narcotic Drugs and Psychotropic Substances Consultative Committee." This committee shall consist of a Chairman and up to 20 other members appointed by the Central Government. For effective functioning, the Committee may establish one or more sub-committees. The committee's role is to provide advice to the Central Government on matters concerning the administration of this Act.

(D) Prohibition, Control, and Regulation:

Section 8 of this Act prohibits specific operations, such as the cultivation of coca plants, opium, and cannabis plants, as well as the manufacture, possession, sale, purchase, transport, import, export, etc., of narcotic drugs and psychotropic substances, except for medical and scientific purposes. However, section 9 of this Act grants the Central Government the authority to permit, control, and regulate certain operations concerning these substances through rules.

(a) Prohibition of Specific Operations as per Section 8:

(i) Cultivating any coca plant or harvesting any part of a coca plant;
(ii) Cultivating opium poppy or any cannabis plant;
(iii) Producing, manufacturing, possessing, selling, purchasing, transporting, warehousing, using, consuming, importing interstate, exporting interstate, importing into India, exporting from India, or transshipping any narcotic drug or psychotropic substance, except for medical and scientific purposes and in accordance with the provisions of this Act, or the rules or orders issued under it.

(b) Power of Central Government to Permit, Control, and Regulate:

1. Permission and Regulation of Specific Operations by Central Government:
(i) Regulating the cultivation or harvesting of coca plants (only under the Central Government's authority) or the production, sale, purchase, transport, interstate import, interstate export, use, or consumption of coca leaves.
(ii) Controlling the cultivation of opium poppy (only under the Central Government's authority).
(iii) Managing the production and manufacture of opium and opium straw.
(iv) Authorizing the sale of opium and opium derivatives from Central Government factories for export from India or sale to State Governments or manufacturing chemists.
(v) Regulating the manufacture of manufactured drugs (excluding prepared opium), but not including the manufacture of medicinal opium or any preparation containing any manufactured drug from legally possessed materials.
(vi) Overseeing the manufacture, possession, transport, interstate import, interstate export, sale, purchase, consumption, or use of psychotropic substances.
(vii) Managing the import into India, export from India, and transshipment of narcotic drugs and psychotropic substances.

2. Control of Specific Operations by the Central Government:
(i) Establishing limits within which licenses may be granted for the cultivation of opium poppy.
(ii) Requiring cultivators to deliver all opium, the product of land cultivated with opium poppy, to authorized officers acting on behalf of the Central Government.
(iii) Empowering the Central Government to determine the price to be paid to cultivators for the delivered opium.
(iv) Specifying the forms and conditions of licenses or permits for the manufacture, possession, transport, interstate import, interstate export, sale, purchase, consumption, or use of psychotropic substances. The rules may also prescribe the relevant authorities and associated fees.
(v) Specifying the forms and conditions of licenses for the cultivation of opium poppy and the production and manufacture of opium. The rules may also outline the applicable fees, the authorities responsible for granting, withholding, refusing, or canceling such licenses, and the avenues for appealing decisions to withhold, refuse, or cancel licenses.
(vi) Mandating the weighing, examination, and classification of opium by officers authorized by the Central Government in the presence of the cultivator at the time of delivery.
(vii) Providing for the weighing, examination, and classification of received opium at the factory according to its quality and consistency, and adjusting the standard price based on the examination results.
(viii) Specifying the forms and conditions of licenses for the manufacture of manufactured drugs, along with the authorities authorized to grant such licenses and the associated fees.
(ix) Allowing for the confiscation of adulterated opium delivered by a cultivator, as determined through examination at a Central Government factory.
(x) Prescribing the ports and other locations where narcotic drugs or psychotropic substances may be imported into India, exported from India, or transshipped. The rules may also stipulate the forms and conditions of certification, authorizations, or permits, the relevant authorities for granting such certificates, authorizations, or permits, and the applicable fees.

Power of State Government to Permit, Control, and Regulate:

1. Permission and Regulation of Specific Operations by State Government:

(i) Regulating the possession, transport, interstate import, interstate export, warehousing, sale, purchase, consumption, and use of poppy straw.
(ii) Regulating the possession, transport, interstate import, interstate export, sale, purchase, consumption, and use of opium.
(iii) Controlling the cultivation of any cannabis plant and the production, manufacture, possession, transport, interstate import, interstate export, sale, purchase, consumption, or use of cannabis (excluding charas).
(iv) Overseeing the manufacture of medicinal opium or any preparation containing any manufactured drug from materials lawfully possessed by the maker.
(v) Regulating the possession, transport, purchase, sale, interstate import, interstate export, use, or consumption of manufactured drugs other than prepared opium, coca-leaf, and any preparation containing any manufactured drug.
(vi) Managing the manufacture and possession of prepared opium from opium lawfully possessed by an addict registered with the State Government for personal consumption based on medical advice.

2. Control of Specific Operations by State Government:

(i) Establishing limits within which licenses may be granted for the cultivation of any cannabis plant.
(ii) Restricting cultivation of any cannabis plant to cultivators licensed by the prescribed authority of the State Government.
(iii) Mandating that all cannabis, the product of land cultivated with cannabis plants, be delivered by cultivators to officers of the State Government authorized for this purpose.

(iv) Empowering the State Government to determine the price to be paid to cultivators for the delivered cannabis.
(v) Specifying the forms and conditions of licenses or permits for the possession, transport, interstate import, interstate export, warehousing, sale, purchase, consumption, and use of poppy straw, opium, and cannabis (excluding charas).