INTRODUCTION

Narcotic Drugs and Psychotropic Substances

Any narcotic drugs or psychotropic substances can be imported into/ exported out of India subject to Rule 53 of the NDPS Rules, 1985.

The import of – (i) opium, a concentrate of poppy straw, and (ii) morphine, codeine, thebaine, and their salts is prohibited save by the Government Opium Factory under the provision of Rule 54 of the NDPS Rules, 1985.

The import into and export out of India of any narcotic drugs or psychotropic substances specified in Schedule I  is prohibited under the provision of Rule 53 and 64 of the NDPS Rules, 1985.

Controlled Substances (Precursor Chemicals)

No person shall export any controlled substance in Schedule B/ import any controlled substance in Schedule C except in accordance with the conditions of the No Objection Certificate issued by the Narcotics Commissioner under the provisions of NDPS (RCS) Order, 2013  Anyone who intends to export a controlled substance in Schedule B/ import a controlled substance in Schedule C shall apply to the Narcotics Commissioner in Form J for export/ Form K for import respectively for a No Objection Certificate.

Status of Control over Import and Export

Narcotics License consultant

Manufacture of Natural Manufactured Drugs

Under Rule 36 of the NDPS Rules, 1985

1.    The manufacture of cocaine and its salts is prohibited to save the manufacture of cocaine hydrochloride by the chemical staff employed under the Central Board of Excise and Customs from confiscated cocaine.

2.    The manufacture of morphine, codeine, dionine, thebaine, dihydrocodeine, dihydrocodeine, acetyldihydrocodeine, acetyldihydrocodeinone, dihydromorphine, dihydromorphinone, dihydrohydroxy codeinone, pholcodine, and their respective salts is prohibited save by the Government Opium Factory.

Manufacture of Synthetic Manufactured Narcotic Drugs

Under Rule 37 of the NDPS Rules, 1985

The manufacture of manufactured drugs notified under Govt. of India’s Notification S.O. 826(E) dated 14/11/1985 and S.O. 40(E) dated 29/01/1993 & S.O. 1431(E) dated 21/06/2011 and S.O. 2373(E) dated 12/07/2016 is prohibited save under and in accordance with the conditions of a license granted by the Narcotics Commissioner or such other officer as may be authorized by the Central Government in this behalf, if Form No. 3 appended to NDPS Rules, 1985

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TYPES OF APPLICATIONS ARE:
  • Manufacturing Licence/Renewal of Manufacturing license
  • Export Authorisations for export of Narcotic Drugs and Psychotropic Substances
  • Import Certificate for Import of Narcotic Drugs and Psychotropic Substances
  • No Objection Certificate (NOC) for export of Precursor Chemicals
  • No Objection Certificate (NOC) for import of Precursor Chemicals
Procedure followed for processing  of applications / requests  from companies for above functions:
01.

Manufacturing Licence/Renewal of Manufacturing license

The manufacture of Narcotic drugs is governed by the estimate system. While allowing the manufacturing license, it is ensured that the total quantity of drugs allowed to be manufactured during any year does not exceed the annual estimated requirements of India as furnished and subsequently published by the International Narcotics Control Board, Vienna, Austria.

As regards the renewal of the manufacturing license, the manufacturers are required to apply to the Narcotics Commissioner at least 30 days before the expiry of his license along with documents detailed below.

On the basis of the demand made by the manufacturers and keeping in view of their performance i.e. internal consumption and export of the drug, the manufacturing licenses are renewed for the suitable quantities within the estimates of that drug for the year.

List of Documents to be submitted for grant of Manufacturing Licence

1. Application form in the prescribed format.

2. A fee of Rs.5000/-  in the form of a Demand Draft drawn in favor of Drawing and Disbursing Office, Central Bureau of Narcotics, Gwalior.

3. Copy of license granted under the rules framed under section 10 of the State Narcotic Drugs and Psychotropic Substances Act by the State Govt. of the State in which the company has a place of business, for the possession, sale, and distribution of the drugs.

4. Copy of valid Drug Manufacturing Licence issued by the State Drug Controller/ Food and Drug Administration (FDA) under the Drugs and Cosmetics Act/ Rules.

5. List of the approved technical person in production and quality control.

6. List of Directors.

7. List of Laboratory equipment and raw materials.

8.Copy of site plants.

9.Original National Saving Certificate of Rs. 5000/- as Security Deposit.

10. Balance Sheet of Company for the last 3 years.

11. Flow Chart of the manufacturing process and per annum capacity.

List of Documents to be submitted for Renewal of Manufacturing licence

1. Application form for renewal of manufacturing license in the prescribed format.

2. A renewal fee of Rs. 5000/ –  in favor of Drawing and Disbursing Officer, Central Bureau of Narcotics, Gwalior.

3. A renewed license granted to the manufacturer under the Drugs and Cosmetics Act, 1940 (23 of 1940) for the manufacture of the drug.

4. A renewed license granted to the manufacturer under the rules framed under Section 10 of the Act by the State Govt.  of the state in which the manufacturer has a place of business, for the possession, sale, and distribution of the drug.

Statement of annual production & consumption in the prescribed format.

02.

Export Authorisations for export of Narcotic Drugs and Psychotropic Substances

Any company/applicant desirous of obtaining  Export Authorisation shall apply to the Narcotics Commissioner in a prescribed manner and shall submit the documents detailed at (III) of Annexure.

Apart from the above documents, additional information in respect of companies approaching this office for the first time for grant of such Export Authorisations shall also be submitted along with the application which is detailed at (VII) of Annexure.

The export of narcotic drugs and Psychotropic substances are governed by the estimate system. While allowing Export Authorisation, it is ensured that the annual estimated requirement in respect of particular narcotic drugs and psychotropic substances ( as published by INCB, Vienna, Austria) does not exceed the estimated requirement in respect of the importing country. Such export authorisation is allowed by the Central Bureau of Narcotics subject to the following conditions:-

a.   Any kind of amendment, as well as extension in validity of Export Authorisation, would not be allowed.

b.   The shipment should be made in one consignment within the validity of the Export Authorisation.

c.   The exporter is required to submit export details immediately after effecting export.

List of Documents to be submitted for grant of Export Authorisations for export of Narcotic Drugs and Psychotropic Substance

1. Application form and the Background information in the prescribed format for export of Narcotic Drugs or Psychotropic Substances and their salts.

2. Original Import Certificate issued by the Govt.  of the importing country certifying the official approval of the concerned Govt.

3. Licence Fee of Rs. 1000/- in form of Demand Draft drawn in favour of Drawing and Disbursing Office, Central Bureau of Narcotics, Gwalior.

4. Copy of valid drug manufacturing licence possessed by the exporter (in case of the manufacturer on loan licence) and copy of valid drug licence for sale, distribution or exhibit (in case of merchant exporter).

5. Copy of the purchase order placed by the foreign buyer for the proposed import.

6. Original Transport permit issued by the State Excise Authority (in case of Narcotic Drugs)

03.

Import Certificate for Import of Narcotic Drugs and Psychotropic Substances

Any company/applicant desirous of obtaining import certificate shall apply in a prescribed manner submitting the documents detailed at (IV) of Annexure.
Apart from the above documents, additional information in respect of companies approaching this office for the first time for grant of import Certificates shall also submit the documents detailed at (VII) of Annexure.

The import of narcotic drugs and Psychotropic substances are governed by the estimate system. While allowing Import Certificate, it is ensured that the estimated requirement of a particular narcotic drug and psychotropic substance  ( as reported to the INCB and subsequently published by INCB) does not exceed the requirement in respect of India. Such import Certificates are granted subject to the condition that the importer will submit the import details immediately after effecting import and any kind of amendment, as well as extension in validity of Export Authorisation, would not be allowed.

In exercise of the powers conferred by the provision to rule 54 of the NDPS Rules, 1985, the Central Government hereby notifies the following manufacturers (mentioned in the Gazette Notification) to import of morphine, codeine, thebaine and their salts for use in the manufacture of products to be exported or for importing small quantities of morphine, codeine and thebaine and their salts not exceeding a total of 1 kilogram during the financial year for analytical purposes after following the procedure under rule 55 of the said rules and subjects to such conditions as may be specified in the import certificate issued in Form No. 4A.

List of Documents to be submitted for grant of Import Certificate for Import of Narcotic Drugs and Psychotropic Substances

1. Application  form and the Background information in the prescribed format for import of Narcotic Drugs or Psychotropic Substances and their salts.

2. Licence Fee of Rs. 1000/- in form of Demand Draft drawn in favour of Drawing and Disbursing Office, Central Bureau of Narcotics, Gwalior.

3. Copy of valid drug manufacturing licence possessed by the exporter (in case of the manufacturer on loan licence) and copy of valid drug licence for sale, distribution or exhibit (in case of merchant exporter).

4. Original Test Licence/Import Licence from Drug Controller General (India) for the proposed import.

5. Copy of import-export contract with the overseas supplier.

6. Original Transport permit issued by the State Excise Authority (in case of Narcotic Drugs).

04.

No Objection Certificate (NOC) for export of Precursor Chemicals

Anyone who intends to export a controlled substance in Schedule-B shall apply to the Narcotics Commissioner in Form-J for a No Objection Certificate along with the documents detailed in Form J for export.

Apart from the above documents, additional documents as per the list appended to Form J for export are to be submitted by the first time exporter of a controlled substance.

The export of Precursor Chemicals is governed by the System of Pre- Export Notification (PEN). This office uses a system of PEN to verify the genuineness of the transaction and to notify the Competent Authority of the importing and transhipping country of the impending export.  The export of a controlled substance are allowed against the NOC issued by the Narcotics Commissioner subject to the following conditions:-

a.  Any kind of amendment, as well as extension in the validity of export NOC, shall not be allowed.

b.  The shipment shall be valid for a single consignment only .

c.  The exporter is required to submit export details and the documents relating to export within seven days of export.

List of Documents to be submitted for grant of No Objection Certificate (NOC) for export of Precursor Chemicals

1. Application  form and the Background information in the prescribed format for export of select precursor chemicals and their salts.

2. Original Import Certificate issued by the Govt. of the importing country certifying the official approval of the concerned Govt.

3. Copy of valid drug manufacturing license possessed by the exporter (in case of the manufacturer) and copy of valid drug licence for sale, distribution or exhibit (in case of merchant exporter).

4. Copy of the purchase order placed by the foreign buyer for the proposed import.

05.

No Objection Certificate (NOC) for import of Precursor Chemicals

Anyone who intends to export a controlled substance in Schedule-C shall apply to the Narcotics Commissioner in Form K for import for a No Objection Certificate along with the documents detailed in Form-K.

Apart from the above documents, additional documents as per the list appended to Form K for import are to be submitted by the first time exporter of a controlled substance.

The import of a controlled substance are allowed against the NOC issued by the Narcotics Commissioner subject to the following conditions:-

a.  Any kind of amendment, as well as extension in validity of import NOC, shall not be allowed.

b.  The shipment shall be valid for a single consignment only.

c.  The exporter is required to submit import details and the documents relating to import within seven days of export.

List of Documents to be submitted for grant of No Objection Certificate (NOC) for import of notified Precursor Chemical

1. Application  form and the Background information  in the prescribed format for import of select Precursor Chemicals and their salts.

2. Copy of valid drug manufacturing licence possessed by the exporter (in case of the manufacturer) and copy of valid drug licence for sale, distribution or exhibit (in case of merchant exporter).

3. Original Test Licence/Import Licence from Drug Controller General (India) for the proposed import.

4. Copy of import-export contract with the overseas supplier.

06.

Registration for import of Poppy Seeds

Any company/applicant desirous of importing poppy seeds shall apply to the Narcotics Commissioner in a prescribed manner along with the documents detailed at (IX) of Annexure.

Apart from the above documents, additional information/documents in respect of applicants approaching this office for the first time for registration are also required to submit documents detailed at (IX) of Annexure.

While registering contracts for import of poppy seed, it is ensured that the conditions of the Ministry of Commerce and Industry, Department of Commerce, Notification No.27(RE-2000)/1997-2002 dated 1.8.2000 and subsequent import policy & import policy conditions framed under EXIM-Policy (Please refer import licensing note (3) issued under Chapter-12 of the EXIM-Policy, 2004-09) are complied with.

List of Documents to be submitted for grant of Registration for import of Poppy Seeds

1. Application form and Background information in the prescribed format.

2. Original Sales Contract/ Export-Import Contract

3. Licence Fee of Rs. 560/- in form of Demand Draft drawn in favour of Drawing and Disbursing Office, Central Bureau of Narcotics, Gwalior.

List of Documents to be submitted by first-time importer of Poppy Seeds

1. Whether the firm has imported poppy seed earlier. If, yes mention the year, quantity and name of exporting  country.

2. Annual turnover of the firm.

3. The items, in which the firm deals with.

4. Income Tax return for last three years with PAN Number (certified copies shall be submitted)

5. Name of the Jurisdictional  Commissionerate of Central Excise under which the firm lies.  In case registered with Central Excise, the copy of registration may also be submitted.

6. The full address of the company, factory and warehouse.

7. Copy of Registration/Import-Export Code No. issued by the DGFT.

8. Copy of Spices Board Registration

Balance Sheet of Company for the last 3 years.

TIMELINE

The procedure takes around 2 months
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    FAQs

    While analysing the data provided in the national drug report (Luxembourg), we have discovered that the highest number of distributed needles is 437.946 in 2017 and that a similarly high number was reached in 2004 with 435.078 distributed syringes. It is not clear what caused the downward trend of distributed syringes in the years 2004 – 2008.

    Narcotics are a type of drug that have the potential to be addictive. Because of their addictive potential, this type of drug should only be used according to a doctor’s specific prescription. Any other type of use is considered abuse and can lead to addiction and other possibly life-threatening conditions.

    Please, be kind and indicate the exact article of the criminal code of your country and share if there are some serious commentaries towards this issue (title, author, etc.)