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[Cites 0, Cited by 0] [Section 2] [Entire Act]

Union of India - Subsection

Section 2(4) in The Narcotic Drugs And Psychotropic Substances Act, 1985

(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 to be a manufactured drug;
but does not include any 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)"Narcotic Commissioner" means the Narcotics Commissioner appointed under section 5;
(xiv)"narcotic drug" means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured goods;
(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 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, the baine and their salts;
(d)diacetylmorphine, that is, the alkaloid also known as dia-morphine 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 the 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;
(xxiiia)"small quantity", in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette.
(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;
(xxviiia)"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 1974) 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 milliliter of substance, if liquid, is contained in every one hundred milliliter of the preparation and so on in proportion for any greater or less percentage:Provided that the Central Government may, having regard to the developments in the field of methods of calculating percentages in liquid preparations prescribed, by rules, any other basis which it may deem appropriate for such calculation.