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Union of India - Section

Section 52A in The Narcotic Drugs And Psychotropic Substances Rules, 1985

52A. Possession of essential narcotic drug.

(1)No person shall possess any essential narcotic drug otherwise than in accordance with the provisions of these rules.
(2)Any person may possess an essential narcotic drug in such quantity as has been at one time sold or dispensed for his use in accordance with the provisions of these rules.
(3)A registered medical practitioner may possess essential narcotic drug, for use in his practice but not for sale or distribution, not more than the quantity mentioned in the Table below, namely:-Table
Sl. No. Name of the essential narcotic drug Quantity
(1) (2) (3)
1. Morphine and its salts and all preparations containing morethan 0.2 per cent. of Morphine 500 Milligrammes
2. Methyl morphine (commonly known as 'Codeine') and Ethylmorphine and their salts (including Dionine), all dilutions andpreparations except those which are compounded with one or moreother ingredients and containing not more than 100 milligrammesof the drug per dosage unit and with a concentration of not morethan 2.5 % in undivided preparations and which have beenestablished in therapeutic practice 2000 Milligrammes
3. Dihydroxy Codeinone (commonly known as Oxy-codone andDihydroxycodeinone), its salts (such as Eucodal Boncodal DinarconHydrolaudin, Nucodan, Percodan, Scophedal, Tebodol and the like),its esters and the salts of its ester and preparation, admixture,extracts or other substances containing any of these drugs 250 Milligrammes
4. Dihydrocodeinone (commonly known as Hydrocodone), its salts(such as Dicodide, Codinovo, Diconone, Hycodan, Multacodin,Nyodide, Ydroced and the like) and its esters and salts of itsester, and preparation, admixture, extracts or other substancescontaining any of these drugs 320 Milligrammes
5. 1-phenethyl-4-N-propionylanilino-piperidine (theinternational-non-proprietary name of which is Fentanyl) and itssalts and preparations, admixture, extracts or other substancescontaining any of these drugs Two transdermal patches one each of 12.5 microgram per hourand 25 microgram per hour:
Provided that the Controller of Drugs or any other officer authorised in this behalf by him may by special order authorise, in Form 3B, any such practitioner to possess the aforesaid drugs in quantity larger than as specified in the above Table:Provided further that such authorisation may be granted or renewed, for a period not exceeding three years at a time.Explanation. - The expression "for use in his practice" covers only the actual direct administration of the drugs to a patient under the care of the registered medical practitioner in accordance with established medical standards and practices.
(4)For renewal of the authorisation referred to in the second proviso to sub-rule (3), application shall be made to the Controller of Drugs atleast thirty days before the expiry of the previous authorisation.
(5)
(a)The Controller of Drugs may, by order, prohibit any registered medical practitioner from possessing for use in his practice under sub-rule (3) any essential narcotic drug, where such practitioner -
(i)has violated any provision of these rules; or
(ii)has been convicted of any offence under the Act; or
(iii)has, in the opinion of the Controller of Drugs, abused such possession or otherwise been rendered unfit to possess such drug.
(b)When any order is passed under clause (a) of this sub-rule, the registered medical practitioner concerned shall forthwith deliver to the Controller of Drugs the essential narcotic drug then in his possession and the Controller of Drugs shall issue orders for the disposal of such drugs.
(6)The Controller of Drugs may, by a general or special order, authorise any person to possess essential narcotic drug as may be specified in that order.
(7)A recognised medical institution may possess essential narcotic drug in such quantity and in such manner as specified in these rules.
(8)[ A manufacturer may possess essential narcotic drug in such quantity as may be specified in the licence issued under rule 36, rule 36A, or rule 37 of these rules or the licence issued for manufacturing the preparations of essential narcotic drugs under the rules made by the State Government under section 10 of the Act:Provided that there shall be no limit to the possession of essential narcotic drug by the Government Opium Factories.] [Substituted by Notification No. G.S.R. 500(E), dated 17.6.2015 (w.e.f. 14.11.1985).]
(9)A licenced dealer or a licenced chemist may possess essential narcotic drug in such quantity and in such manner as may be specified in the licence issued under these rules.