Rajasthan Narcotic Drugs and Psychotropic Substances Rules, 1985

Published vide Notification No. F. 1(3) FD/Ex/85 dated November 14, 1985, Published in Rajasthan Gazette Extraordinary Part 4-C(1) dated 14-11-85, page 299-359

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LEGISLATIVE HISTORY 6

As subsequently amended by the following notifications :-

· Notification No. F.1(3) FD/EX/85, dated 24-01-86, Published in Rajasthan Gazette, Part 4(C)(I) Extraordinary, dated 25-01-86, page 412

· Notification No. F.1(3) FD/EX/85-II, dated 12-09-86, Published in Rajasthan Gazette, Part 4-C(I),dated 25-09-86, page 170

· Notification No. F.1(3) FD/EX/85, dated 22-06-87, Published in Rajasthan Gazette, Part 4(Ga)(II) Extraordinary, dated 23-06-87, page 111

· Notification No. F.1(3) FD/EX/85-II, dated 10-11-87, Published in Rajasthan Gazette, Part 4(Ga)(I) Extraordinary, dated 12-11-87, page 92

· Notification No. F.1(3) FD/EX/85, dated 06-10-88, Published in Rajasthan Gazette, Part 4(Ga)(II) Extraordinary, dated 07-10-88, page 299

· Notification No. F.1(3) FD/EX/85-II, dated 20-02-89, Published in Rajasthan Gazette, Part 4(Ga)(II) Extraordinary, dated 21-02-89, page 449

· Notification No. F.1(3) FD/EX/85-II, dated 30-08-90, Published in Rajasthan Gazette, Part 4(Ga)(I), dated 06-09-90, page 116

· Notification No. F.3(15) FD/EX/74, dated 15-09-89, Published in Rajasthan Gazette, Part 4(Ga)(II), dated 18-10-90, page 60

· Notification No. F.4(25) FD/EX/90, dated 19-02-91, Published in Rajasthan Gazette, Part 4(Ga)(II) Extraordinary, dated 20-02-91, page 671

· Notification No. F.4(40) FD/EX/92, dated 25-02-93, Published in Rajasthan Gazette, Part 4(Ga)(II) Extraordinary, dated 01-03-93, page 380

· Notification No. F.1(3) FD/EX/85-II, dated 03-09-93, Published in Rajasthan Gazette, Part 4(Ga)(I) Extraordinary, dated 08-09-93, page 87

· Notification No. F.1(4) FD/EX/85-II, dated 01-09-94, Published in Rajasthan Gazette, Part 4(Ga)(II) Extraordinary, dated 02-09-94, page 236

· Notification No. F.1(3) FD/EX/85, dated 01-02-96, Published in Rajasthan Gazette, Part 4(GA), dated 3-2-1996, page 192

· Notification No. F.4(97) FD/EX/95, dated 31-03-96, Published in Rajasthan Gazette, Part 4(ga), dated 31-3-1996, page 237-4

· Notification No. F.4(62) FD/EX/96, dated 31-03-97, Published in Rajasthan Gazette, Part 4(GA)(I), dated 15-4-1997, page 17

· Notification No. F.4(62) FD/EX/96, dated 10-4-97, Published in Rajasthan Gazette, Part 4(GA)(I), dated 6-5-1997, page 31

· Notification No. F. 1(8) FD/EX/99, dated 31-1-2000, Published in Rajasthan Gazette, Part 4(GA), dated 31-1-2000, page 189-1

· Notification No. F. 1(20) FD/EX/98, dated 17-4-2001, Published in Rajasthan Gazette, Part 4(GA)(II), dated 24-4-2001, page 27-2

· Amended by Rajasthan G.S.R. 139, dated 22.1.2016

· Amended by Rajasthan S.O. 77, dated 5.9.2011

· Amended by Rajasthan Notification No. G.S.R. 124, dated 24.3.2017

G.S.R. 68. - In exercise of the powers conferred by Section 78 read with Section 10 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act No. 61 of 1985) the State Government hereby makes the following Rules to permit control and regulate the possession, transport inter-state, export inter-state, warehousing, sale, purchase consumption or manufacture and use of Narcotic Drugs and Psychotropic Substances and for matters connected there within the State of Rajasthan, namely: -

Commencement and Extent.- (i) These rules may be called the Rajasthan Narcotic Drugs and Psychotropic Substances Rules, 1985.

(ii) They shall extend to the whole of the State of Rajasthan and shall come into force atonce.

Definitions.- (i) In these rules unless there is anything repugnant to the subject and context,-

(a) "Act" means the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act No. 162 of 1985);

(b) "Addict" means a person addicted to any Narcotic Drugs or Psychotropic Substance;

(d) "Approved Medical Practitioner" means any graduate in Medicine, Surgery, or Veterinary, and any person having degree in ayurved, Unani, or Homeopathic medicine recognised by the Government of India;

(e) "Authorised Officer" means any person duly authorised to act in these Rules;

(f) "Cannabis" (hemp) means:-

(i) Charas, that is, the separated resine in whatever form, whether crude or purified, obtained from the Cannabis Plant and also includes concentrated preparation and resine known as Hashis Oil or liquid hashish;

(ii) Ganja, that is, the flowering or fruiting tops of the Cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated;

(iii) any mixture with or without any neutral, material of any of the above forms or Cannabis or any drink prepared therefrom;

(g) "Cannabis Plant" means any plant of the genus Cannabis;

(h) "Coca derivative" means:-

(i) Crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine;

(ii) Ecognine and all the derivatives of ecognine from which it can be recovered;

(iii) cocaine, that is, Methylester of Benzoyl Ecognine and its salts; and

(iv) all preparations containing more than 0.1 per cent of cocaine.

(i) "Coca leaf" means-

(i) the leaf of the coca plant except a leaf from which all ecognine, cocaine and any other Ecognine alkaloids have been removed;

(ii) any mixture thereof with or without neutral material;

but does not include any preparation containing not more than 0.1 per cent of cocaine.

(j) "Coca Plant" means the plant of any species of the genus Erythroxylon;

(k) "Commissioner" means the Commissioner of Excise, Rajasthan;

(l) "Conveyance" means a conveyance or any description whatsoever and includes any aircraft, vehicle or vessel;

(m) "Cultivator" means a cultivator of Poppy licensed by the Government of India;

[(mm) "Dhoola Pali" means dust or powdered shape of residue obtained from the cleaning, straining and processing out of uncleaned poppy seeds (commonly known as Khas-Khas or post-dana)];

(n) "District Excise Officer" means the Excise Officer of a prescribed Excise District;

(o) "Excise Officer" means an Officer of the Excise Department as defined in the Rajasthan Excise Act, 1950;

(p) "Form" means Form appended to these Rules;

(q) "Government" means the Government of Rajasthan;

(r) "Lanced Poppy Heads" means the capsules of the Poppy plan whatever in the original form, cutcrushed or powdered from which the juice has been extracted;

(s) "Licence" means a Licence granted under these rules;

(t) "Licence holder" means a person who has obtained a licence under these Rules;

(u) "Manufacturer" in relation to Narcotic Drugs or Psychotropic Substance, includes-

(1) all processes other than production by which such drugs or substances may be obtained;

(2) refining of such drugs or substances;

(3) transformation of such drugs or substances; and

(4) making or preparation (otherwise than in a Pharmacy or prescription) with or containing such drugs or substances;

(v) "Manufactured Drug" means-

(i) all coca derivatives, medicinal Cannabis, opium derivatives and poppy straw-concentrate;

(ii) 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 ifs nature, or to a decision, if any, under any International Convention, by notification in the official Gazette, declared not to be manufactured drug;

(w) "Medical Board" means a Board or Boards constituted by the Government for the Medical Examination of addicts as defined in clause (b) of sub-rule (1) of Rule 2 of these Rules;

(x) "Medical Officer" means a Medical Officer of the area, not below the rank of a Civil Assistant Surgeon posted in a Government Hospital or a Dispensary;

(y) "Medicinal Cannabis" that is "Medicinal Hemp" means any extract or tincture of cannabis (hemp);

(z) "Narcotic Drug" means coca leaf, cannabis (hemp) Opium, Poppy straw and includes all manufactured drugs;

(aa) "Opium" means-

(i) the coagulated juice of the Opium Poppy; and

(ii) any mixture with or without any neutral material, of the coagulated juice of the opium poppy, does not include any preparation containing not more than 0.2 per cent of morphine;

(ab) "Opium derivative" means-

(i) Medicinal Opium, that, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirement 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;

(ii) Prepared opium that, any product of opium obtained 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;

(iii) Phenanthrene alkaloids, namely, morphine, codeine thebaine and their salts;

(iv) Diacetylmorphine that is the alkaloid also known as diamorphine or heroin and its salts; and

(v) all preparations containing more than 0.2 per cent of Morphine or containing any Diacetylmorphine;

(ac) "Opium Poppy" means-

(i) the plant of the species Popover somniferum; and

(ii) the plant of any other species of Popover form 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;

(ad) "Pass" means a Pass granted under these Rules;

(ae) "Permit" means a Permit granted under these Rules;

(af) "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;

(ag) "Poppy straw concentrate" means the material arising when poppy straw has entered into a process for the concentration of its alkaloids;

(ah) "Pound" (a voier dupois) means a weight one thousand seven hundred grains troy or 0.453 Kilograms;

(ai) "Preparation" in relation to a Narcotic Drug or Psychotropic Substance, means any one or more such drugs or substances in dosage from or any solution or mixture in whatever physical state containing one or more such drugs or substance:

(aj) "Prescription" means a prescription given by any approved Medical Practitioner for the supply of any manufactured drug in accordance with these rules;

Explanation. - For the purpose of clauses (h) (i) (aa) and (ab) 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 State Government may having regard to the development in the filed of methods of calculating percentages in liquid preparations prescribe, by Rules, any other basis which it may deem appropriate for such calculation.

(ak) "Production" means the separation of opium, poppy straw, coca leaves or cannabis from the plants from which they are obtained;

(ai) "Psychotropic Substances" 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 of the Act;

(ii) Words and expression used but not defined in these rules shall have the meanings respectively assigned to them in the Act.

Possession.- (i) Any registered Medical Practitioner desiring to posses [manufactured drug or]opium for use an ingredient in any medicine, and to sell medicines containing opium on prescription shall make an application in the prescribed Form NDPSA-1 to the District Excise Officer for a licence in that behalf;

(ii) on receipt of an application under sub-rule (i) the District Excise Officer shall make such enquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for may forward the application to the concerned Additional Commissioner, Excise with his recommendation;

(iii) on receipt of such application under sub-rule (ii) the Additional Commissioner shall make such enquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may, subject to the orders of the State Government or the Commissioner Excise, grant the applicant a licence in Form NDPSL-2 on payment of a fee of Rs. 100/- per year or a part thereof.

(i) Any person on behalf of an institution or any manufacturer of medicines desiring to possess[manufactured drug or]opium for use as an ingredient in the preparation of any medicine, and to sell medicine containing opium on prescription, shall make an application in the prescribed Form NDPSA-3 to the District Excise Officer for a licence in that behalf;

(ii) on receipt of such an application under sub-rule (i) the District Excise Officer shall make such enquiries as he may deem necessary and if he is satisfied that there is no objection to grant the licence applied for he may forward the application to the concerned Additional Commissioner, Excise with his recommendation;

(iii) On receipt of such an application under sub-rule (ii) the Additional Commissioner shall make such enquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may, subject to the orders of the State Government or the Commissioner of Excise, grant the applicant a licence in Form NDPSL-4 on payment of a fee of Rs. 500/- per year or part thereof.

(i) Any person desiring to possess and sell [manufactured drug or]medicine containing opium shall make an application in the prescribed Form NDPSA-5 to the District Exercise Officer for a licence in that behalf;

(ii) on receipt of an application under sub-rule (i) the District Officer shall make such enquiries as he deems necessary and if he is satisfied that there is no objection to grant the licence applied for, he may forward the application to the concerned Additional Commissioner, Excise with his recommendation;

(iii) on receipt of such an application the Additional Commissioner shall make such enquiries as he deems necessary, and if he is satisfied that there is no objection to grant the licence applied for, he may, subject to order of the State Government the Commissioner of Excise, grant the applicant a licence in Form NDPSL-6 on payment of a fee of Rs. 500/- per year, or part thereof;

Licence in Forms NDPSL-2, NDPSL-4 or NDPSL-6 shall be granted in respect of such quantity of opium, as may be fixed by the Additional Commissioner Excise in accordance with the directions of the State Government issued from time to time in this behalf.
No licence under the aforesaid provisions shall be granted for any period beyond 31st March next following the date of commencement of the Licence.
Save as provided in these rules the possession, for use or sale of opium, coca leaf, cannabis, poppy straw or any other narcotic drug or substance is prohibited in Rajasthan in any quantity whatsoever.
(i) An application for renewal of licence granted under these rules shall be submitted one month before the commencement of the year for which it is required;

Provided that where such application is made after the expiry of the aforesaid period it shall be accompanied by an additional fee of Rs.100/-

(ii) the procedure and fees for the renewal shall be the same as in the case of grant of licence.

A visiting permit holder of opium may import into Rajasthan and possess opium and possessed under a medical permit granted by any other State in India, upto, the extent of quantity authorised in such permit provided that:

(i) Such opium permit holder of any other State in India when visiting Rajasthan brings with him, opium permit and also a certificate from the Excise authority of the place from where he comes, in evidence of the grant of such permit which shall be got counter-signed from the Excise Officer of the first destination of the visitor;

(ii) such opium permit holder shall not have in his possession opium in excess of the quantity authorised in the permit; and

(iii) such permission shall be valid for a period not exceeding one month from the date of issue of the certificate referred to in (i) above, and if the opium permit holder prolongs his stay in Rajasthan, he shall obtain a regular permit from the authority competent to issue such permit in Rajasthan on surrender of the Medical permit issued in the State from which he migrates or returns.

Depots for the sale of opium, Lanced Poppy Heads and other narcotic drugs or substance shall be established at such places as the Commissioner of Excise may direct from time to time.
Opium, Lanced Poppy Heads and other narcotic drugs of substances required for sale at a depot may be obtained from such places, as the Government or the Commissioner of Excise may direct.
Import, Export, and Transport within the State-Opium, Lanced Poppy Heads and other Narcotic Drugs or Substances shall not be sold at any place except at a depot established under Rule 11 provided that a person holding a licence in Form NDPSL-2 or NDPSL-4 or NDPSL-6 may sell medicinal containing opium to the extent of or subject to the conditions laid down in his licence.
No opium [***]and other narcotic drugs or substances shall be imported into Rajasthan except under permit granted under these rules.
(i) Any person holding a licence in Form NDPSL-2 or NDPSL-4 or NDPSL-6 desiring to import medicines containing opium from any other State in India shall make an application to the Additional Commissioner Excise of the area in that behalf;

(ii) on receipt of such an application under sub-rule (i) the Additional Commissioner Excise small make such enquiries as he deems fit, and after satisfying that the applicant is a valid licence holder for the period he may issue a pass in Form 'A' on payment of a fee of Rs. 100/- per pass.

(i) Any person desiring to export medicines containing opium shall make an application for a pass to the District Excise Officer in that behalf and shall alongwith the application forward an import pass issued in his favour by the concerned State;

(ii) on receipt of an application under sub-rule (i) the District Excise Officer shall make such enquiries as he deems necessary and if he is satisfied that there is no objection to grant the pass he may forward the application with his recommendation to the Additional Commissioner, Excise of the area;

(iii) on receipt of an application under sub-rule (ii) the Additional Commissioner Excise shall make such enquiries as he deems necessary and if he is satisfied that there is no objection to grant the pass or may grant the applicant a pass in Form 'B' on payment of a fee of Rs. 50/- per pass;

(iv) The District Excise Officer shall seal with his official seal each package of medicines containing opium which is to be exported for this purpose the exporter shall produce the packages to be exported before the District Excise Officer for getting them sealed and shall not export the same without getting them so sealed.

Any person desiring to transport medicines containing opium within the State shall be governed by Rule 16 provided that he shall have to pay no permit fee.
No packet containing opium shall be opened during its transaction and the transporter shall receive only duly sealed containers and deliver them sealed and intact at the destination.
No Railway authority shall:-

(a) receive or convey opium or medicine containing opium which is not sealed and accompanied by a transport pass from an officer duly empowered in this behalf;

(b) convey opium or medicine containing opium otherwise than-

(i) direct and in custody of Railway official upto the destination, and

(ii) according to the route prescribed in such pass.

The bottles, phials, packages or other containers of medicines containing opium shall have labels affixed to them which will clearly exhibit the actual quantity of opium present in such bottles, phials or containers.
Notwithstanding anything contained in these rules it shall be lawful for any person to obtain possess, transport, consume or use any medicine containing opium in such quantity as may at one time be dispensed or sold to him in accordance with the prescription of a Registered Medical Practitioner.
Notwithstanding anything contained in the foregoing Rules no Licence permit or pass shall be necessary for the purchase, possession transport import, export and sale of opium by or under the authority of Government.
Person desiring to possess "Medical Cannabis (hemp)" can do so only under the licence granted in Form NDPSL-2 in the same manner, and for the same purpose as laid down in Rule 3 or 4 of these rules, as the case may be.
No person shall keep or carry or move or cause to be carried or moved or import or export or indulge in inter-district trade of "Cannabis (hemp)" or "Medical cannabis (hemp)":

Provided that nothing in this rule shall apply to Bhang i.e. leaves of the cannabis plant for personal use or for sale under provisions of the Rajasthan Excise Act:

Provided that nothing in this rule shall apply to Bhang i.e. Medicinal (Cannabis hemp") under rule 23 may import, export or transport medicinal cannabis under a pass in Form "A" or "B", as the case may be, which will be granted in the same manner and on the same conditions as laid down in rule 16, 17 and 18 of these rules.

[25 to 34. ***]

OLD LAW 6

(1) Every licence granted under these Rules shall be for a period not exceeding one year but in no case shall such period extend beyond the 31st of March next following the date of commencement of the licence:

[Provided that licence for a period exceeding one year shall be granted at the instructions of State Government only.]

(2) Every licence shall be deemed to have been granted personally to the licensee and no licence shall be sold or transferred without obtaining the previous permission in writing from the Commissioner of Excise.

(1) Any Licence granted under these rules may be revoked by the licensing authority or by any authority to which the licensing authority is subordinate if the holder or any person in his employ is found to have committed a breach of the conditions thereof or of any other provisions of the Act or in these rules:

Provided that such revocation shall not be made in until the holder of the of the licence has been given a reasonable opportunity of showing cause against the action proposed to be taken:

(2) Every such order shall be in writing and shall specify the reasons for the revocation and shall be communicated to the licensee;

(3) Where a licence is revoked under these rules the holder of the licence shall not be entitled to claim any compensation on refund of licence fee for such cancellation but his licence may again be auctioned at his risk.

A licensed vendor may surrender his licence at any time during the period of the licence after giving one month's notice in writing to the licensing authority, and on payment of the fee payable for the licence for the whole period for which it would have been correct but, for such surrender:

Provided that if the licensing authority is satisfied about the reasons for surrendering such licence, he may remit the sum so payable or any portion thereof.

Duty

[38 to 45. ***]

OLD LAW 6

Disposal of Confiscated Things:

All things and substances confiscated under the Act or under these Rules shall be made over to the District Excise Officer of the area for disposal.
All confiscated things or substances received by virtue of Rule 46 shall be kept under the charge of the District Excise Officer concerned in separate containers on which case number, source of supply and net weight shall be entered, and following action shall be taken namely.-

(a) As soon as any confiscated substance is received by the District Excise Officer he shall take a sample of l/10th of the quantity confiscated:

Provided that the quantity of the sample shall not be less than 10 grams and not more than 10 Kilograms.

(b) Samples taken under sub-rule (a) should be sent to the Chemical Examiner of the State who shall retain half the sample for purpose of examination and preparation of detailed report. This detailed report alongwith the remaining half of the sample shall be sent to the Chief Chemist. Central Revenue Control Laboratory, New Delhi for carrying out further test and for disposal of the sample. The Chemical Examiner of the State shall also send copy of the report to the Narcotic Commissioner, Government of India (19th Mall Morar, Gwalior) and also to the Commissioner of Excise.

(c) In case of opium, the District Excise Officer shall forward, on the 1st of June and on the 1st of December every year, to the Manager, Government Opium and Alkaloid Works, Gajipur for disposal, and intimate about the same to the Additional Commissioner Excise of the area and the Commissioner of Excise.

(d) In case of all other things and substances the District Excise Officer shall seek the directions of the Commissioner of Excise, who shall order the destructions of the Commissioner of Excise who shall order the destruction of such seizure in the presence of the District Excise Officer.

(e) In case of substances for which whole sale or retail licences have been issued, the Excise Commissioner shall order the auction of the substances so seized amongst the licensed wholesalers or retailers of such substances;

(f) If there is no bid for the substances sought to be auctioned under sub-rule (e), the Excise Commissioner shall order the destruction of such substances.

(1) The Railway Administration who finds any unclaimed parcel or package containing or suspected to contain any Narcotic Drug or Psychotropic Substance shall immediately inform the nearest Station House Officer and the District Excise Officer of the area. The Station House Officer shall on receiving such information, try to trace the offender in respect of such parcel or package and shall also ascertain the nature of the narcotic drug or psychotropic substances from the District Excise Officer of the area or by making reference alongwith the sample to the Chemical Examiner of the State. If the offender is traced the Station House Officer will take necessary action against the accused according to law. If the offender is not traced, the Station House Officer will report the matter to the Railway Administration and the District Excise Officer concerned. On receiving such report the Railway Administration shall hand over the articles to the District Excise Officer concerned who shall dispose them off in accordance with rule 47.

(2) The sale proceeds of the articles so disposed shall be distribute in the following manner:-

(a) the claim of the State Government in respect of Excise Duty and incidental expenses shall be the first charge;

(b) the claim of the Railways in respect of freight, warfare and demurrage shall be the second charge;

The sale or other disposal of confiscated articles under these rules shall be deferred till the period of appeal against the order of confiscation has expired, or, if an appeal has been preferred, till the appeal has been finally disposed off:

Provided that in case of any confiscated animal the sale shall not be so deferred unless the owner of the animal deposits with the District Excise Officer such sum as that Officer deems to be sufficient for the feeding and general upkeep of the animal till the end of the period stipulated in the rule:

Provided further that if the thing or substance seized be liable to speedy and natural decay, or if the disposal thereof would be for the benefit of the owner, it may be sold immediately or destroyed as may be proper in accordance with these rules.

If an order of confiscation is reversed on appeal, the seized Narcotic Drug or Psychotropic substance or the sale proceeds thereof (balance after deduction of expenses) shall be returned to the owner or his duly authorised agent:

Provided that if the claim for refund is not made within 60 days of the decision of the appeal, the owner shall not be entitled to such return or refund, and the Narcotic Drug or Psychotropic substance or sale proceeds thereof will then be disposed off in the manner directed the Commissioner of Excise.

Any Narcotic Drug or Psychotropic substance in respect of which an offence has been committed under the Act and the offender is not known or cannot be found, and any Narcotic Drug or Psychotropic substance which is found unclaimed on Railway and in the Post shall be forwarded to the District Excise Officer of the area to be dealt with under the aforesaid Rules.

Wastage

The permissible maximum limit of wastage in respect of any Narcotic Drug or Psychotropic Substance in the licensed warehouses shall be to the extent notified by the Government of India or the Government of Rajasthan, as the case may be, from time to time.
Where wastage exceeds the permissible limit, the same shall be reported by the Excise Officer concerned to the District Excise Officer of the area, who will enquire into the matter in detail, and his report alongwith his findings to the Additional Commissioner Excise, who after making enquiries as he deems necessary shall proceeds to recover excise duty and or to prosecute the licence, as the case may be.

Rewards

Informers and Officers may be granted awards subject to the following provisions:-

(a) the Commissioner of Excise may sanction the grant of reward without restriction of amount;

(b) the Additional Commissioner and the District Excise Officer may grant on their own authority rewards not exceeding in any one case Rs. 1000/- and Rs. 250/- respectively;

(i) all Officers of the Excise and Police Departments of not below the rank of Inspector;

(ii) all Officers of the Land Revenue Department not below the rank of Tahsildar,

(iii) all officers of other Departments of or below the rank corresponding to that of an Excise Inspector.

The award to be given under rule 54 shall be given when the case is finally decided by court, and the seized Narcotic Drug or Psychotropic substances confiscated to the Government:

Provided that an interim award of 25 per cent of the proposed award may be granted if the seized substance has been positively identified as a Narcotic Drug or Psychotropic substance by the Chemical Analyst of the State and if the Awarding Officer so deems fit.

Prohibition

The manufacture of all Narcotic Drug and Psychotropic sub stances, and the manufacture of all medicines containing Narcotic Drug or Psychotropic substances as defined and listed at the Schedule under clause (xxii) of Section 2 of the Narcotic and Psychotropic Substances Act, 1985 is prohibited in the State of Rajasthan save as provided in these rules, and any rule promulgated by the Central Government in this regard.
The manufacture of medicinal hemp is prohibited in the State of Rajasthan.

Appeal

(i)(a) For the purpose of these rules, the District Excise Officer shall be deemed to be subordinate to the Additional Commissioner and Additional Commissioner shall be deemed to be subordinate to the Commissioner;

(b) All orders passed by the District Excise Officer shall be appeal-able to the Additional Commissioner of the area within 60 days from the date of order appealed against;

(c) All orders passed by the Additional Commissioner shall be appealable to the Commissioner of Excise within 60 days of the order appealed against;

(d) No appeal shall lie against and order passed by the Commissioner.

(i) Every appeal under rule 59 shall be made in the Form a petition addressed to the authority to whom the appeal lies and shall be drawn up in concise and intelligible language and shall bear signature or mark of the appellant or of his duly authorised agent, and shall also bear the court fee stamp of the requisite amount fixed under the Court Fee Act, 1970 as adapted in Rajasthan;

(ii) The petition of appeal shall contain the name, father's name, occupation and place of residence or full address of the appellant, the date of the order appealed against, a brief and precise statement of the fact, grounds of objection to the order appealed against and shall invariably be accompanied by a copy of the order appealed against, unless the omission to produce such copy is explained at the time of the presentation to the satisfaction of the appellate authority.

(iii) The petition of appeal shall either be presented to the appellate authority by the appellant personally or by his duly authorised agent or be forwarded to such authority by registered post;

(iv) If the petition of appeal does not comply with the requirements of sub-rule (ii) and (iii) above it may be summarily rejected provided that no appeal shall be rejected under the said rules unless the appellant is given an opportunity as the appellate authority thinks fit to enable him to comply with the requirement of such rules;

(v) If the appellate authority does not reject the appeal under sub-rule (iv) it shall fix a date for hearing the appellant or his agent provided that the appellate authority may at any stage adjourn the hearing of the appeal to any other date;

(vi) On the date fixed for hearing or on the date to which the hearing has been adjourned, the appellate authority may decide the appeal after perusal of the record and hearing the appellant or his agent provided that if the appellant or his agent not present on the actual date of hearing the appellate authority may dismiss the appeal in default or may decide it on merit.

Revision

The State Government may on any application or otherwise call for to examine record of any proceedings before the Additional Commissioner Excise or the Commissioner of Excise under rules for the purpose of satisfying itself the correctness, legality or propriety of any order passed and may either amend, reverse, modify or confirm such order or pass such other order, as it may deem fit.

Repeal and Savings

(1) The Rules re-evaluating possession, transport, import, export and sale of opium in Rajasthan, the Rules regulating the Payment of rewards to informs and officers, the Rajasthan opium (disposal of confiscated Things) Rules, 1958, the Rajasthan opium Rules, 1959, the Rajasthan Opium (Lanced Poppy Heads) Rules, 1960 the Rules regarding dirge, wastage of opium at the opium warehouses and the Rajasthan Dangerous Drugs Rules, 1961 are hereby repealed.

(2) Notwithstanding such repeal:-

(a) If immediately before the date on which these Rules come into force, matters pending shall be disposed of, continued, as the case may be, not covered under the provisions of these rules, in accordance with the provisions of the Rules so repealed as in force immediately before such commencement, (hereinafter referred to as the old rules), as if these Rules had not come into force:

Provided that every matter pending under the repealed rules at the commencement of these rules, shall be dealt with and disposed of in accordance with the corresponding provisions of these Rules;

(b) All notifications published, powers conferred. Forms prescribed, jurisdiction defined, orders passed. Rules framed and appointments made under the repealed Rules which are in force immediately before commencement for these rules, shall be deemed respectively, to have been published conferred, prescribed, defined, passed or made under the corresponding provisions of these Rule;

(c) any sanction accorded or licence issued by the competent authority under the repealed Rules, shall be deemed to have been accorded or issued under the corresponding provisions of these Rules and further action may be initiated under these Rules in pursuance to such sanction or issuance;

(d) the licences issued under the Rules, so repealed shall be deemed to have been issued under these Rules and shall remain effective till the end of the current financial year.

(3) where the period prescribed for an application or other proceedings under the rules so repealed had expired on or before the commencement of these Rules, nothing in these rules shall be construed as enabling any such application to be made or proceeding to be commenced under these Rules by reason only of the fact that a longer period therefore is prescribed by these Rules or provisions are made therein for extension of time.

Form N.D.P.S.A-1

[See Rule 3(1)]

[In the entire Form, words "or manufactured drug" are inserted after the word 'opium' by amending notification no.5 d. 6-10-88.]

Application for a licence for the possession of opium or manufactured drug for use as an ingredient of any medicine and for the sale of medicines containing opium or manufactured drug on prescription by a R.M.P.

The District Excise Officer, ............................... ...............................

Sir,

I...............Son of................residing at................ Full address................Tehsil.................District.............request that a licence to possess opium or manufactured drug for use as an ingredient of any medicine and for the sale of medicines containing opium or manufactured drug on prescription at the premises.................(exact location) be granted/ renewed to me for the year ending the 31st March 19.........

I produce Rs..........on account of the licence fee.........
I require.............grams of opium or manufactured drug in a year for use in my dispensary.
I am a registered medical practitioner. My registration No. is............
I agree to abide by the terms and conditions of the licence which may be granted/renewed to me.
I hereby declare that-

(1) No licence was over refused to me,

(2) No similar licence previously granted to me was ever revoked or suspended,

(3) No renewal of a similar licence was ever refused to me owing to a breach of law relating to Excise Revenue, opium or manufactured drug or intoxicating drugs.

Declare that to the best of my knowledge and belief the information furnished herein is true and no material fact has been suppressed by me.

Place...............
Date................	Signature of the Applicant.

Form N.D.P.S.L-2

[See Rule 3(iii)]

[In the entire Form, words "or manufactured drug" are inserted after the word 'opium' by amending notification no.5 dated 6-10-88.]

Licence for the possession of opium or manufactured drug for use as an ingredient of any medicine and for the sale of medicines containing opium or manufactured drug on prescription.

Licence is hereby granted under and subject to the provisions of the Narcotic Drug and Psychotropic Substance Act, 1985, and the rules made thereunder to Shri/Shrimati/ Kumari.............. (hereinafter called "the licensee") on payment of a licence fee of Rs.............. authorising him to possess opium or manufactured drug for using it as an ingredient of any medicine and to sell medicines containing opium or manufactured drug at his dispensary situated at.............in the Tehsil of.......... in the District of....... subject to the following conditions, namely:-

Conditions

This licence shall remain in force from.............to......... (both days inclusive).
The licensee shall not obtain opium or manufactured drug except from a depot established under rule of the Rajasthan (Narcotic Drug and Psychotropic Substance) Rules, 1985:

Provided that the licensee may, in any special case, be permitted to obtain opium or manufactured drug from any other place with the previous approval of the additional Commissioner:

Provided further that the licensee may obtain his requirements of medicines containing opium or manufactured drug from any licensee who is permitted to sell such medicines under the Rajasthan (Narcotic Drug and Psychotropic Substance) Rules, 1985 or may import the same from any other part in India subject to the provisions of the said rules.

(1) The licence shall be the obtained, during any quarter commencing from the 1st day of April, opium or manufactured drug exceeding..........grams and shall not possess at any time in excess of double this quantity:

Provided that where the licensee fails to obtain any quantity of opium or manufactured drug which he is authorised to obtain during a quarter he shall not be entitled to obtain the same at any time thereafter during the licence period except during the quarter next following.

(2) The licensee shall get the details of the quantity obtained by him entered, in the Scheduled-I here to annexed by the Officer-in-charge of the depot before the removes from the depot the opium or manufactured drug obtained.

The licensee shall not use or sell opium or manufactured drug except as an ingredient of any medicine prescribed and dispensed by him for his patients. He shall not dispense any medicine containing opium or manufactured drug except under a prescription issued by him and in the manner laid down in such prescription.
The licensee shall not keep opium or manufactured drug and medicines containing opium or manufactured drug except at his dispensary.
No opium or manufactured drug other than the opium or manufactured drug obtained under his licence shall be transported or possessed by the licensee.
The privileges of possession and transport of opium or manufactured drug granted under this licence shall extend only so far as they are incidental to its use in accordance with this licence.
(1) The licensee shall keep monthly accounts of the quantities of opium or manufactured drug received and used and of the balance held in stock by him in the form prescribed in the Schedule-11 here to annexed. The accounts shall be plainly and correctly written up in a bound book, paged and stamped with the seal of the Additional Commissioner or any other office authorised by him in this behalf. Similar accounts in respect of medicines containing opium or manufactured drug prepared, purchased or imported by the licensee shall also be maintained from day to day in such form as may be prescribed by the Commissioner, if so required by him.

(2) The licensee shall file and preserve for one year the said accounts, passes and the prescriptions, in original, in which he has prescribed opium or manufactured drug as one of the ingredients of any medicine and shall produce them for inspection along with the opium or manufactured drug held by him in balance, at any time when the District Excise Officer or any other officer duly empowered in this behalf calls upon him to do so.

This licence may be suspended or cancelled at any time by the Officer granting it-

(a) for non-payment of any duty or fee payable by the licence;

(b) for default or violation by himself or by any servant or person acting on his behalf of any of the conditions specified in the licence;

(c) if the holder thereof be convicted of a breach of the peace for of any offence against any law relating to excise revenue, liquor, or intoxicating drugs, or any other criminal offence during the period of the licence;

(d) if the licensee infringes any of the provisions of Narcotic Drug and Psychotropic Substance Act, 1985, or rules in force thereunder;

(e) after giving the licensee fifteen days notice or if the licensee desires to surrender his licence within fifteen days from the receipt of such notice from him.

In case this licence is surrendered, suspended or cancelled during the period of the period for which it is granted or is not renewed on its expiry, the licensee shall forthwith hand over the whole of the unused stock of opium or manufactured drug and of medicines containing opium or manufactured drug to the District Excise Officer. The licensee shall also hand over to the District Excise Officer all accounts, passes and prescriptions. In original which he is required to keep and preserve under this licence.

Granted this.......day of........19....

Seal of the Officer

Signature and designation of the Officer granting the licence.

Place.............

Schedule I

[See condition 3(2) of the Form NDPS L-2]

Licence No...........

Name of the Depot........

Name of the Licensee...................

Address................................

Aggregate quantity of opium or manufactured drug allowed to be purchased during each quarter.

Date	Quantity obtained	Progressive total of purchases for each quarter	Signature of the Officer-n-charge of the depot
1	2	3	4

Schedule II

[See condition 8(1) of the Form NDPS L-2]

Name of Licensee........

Licence No..................

Opening balance on the 1st day of the month	Quantity received during the month		Total (Total of Columns 1, 2 &3)	Quantity used in preparation of medicine during the month
Opening balance on the 1st day of the month	From the Depot	From any place	Total (Total of Columns 1, 2 &3)	Quantity used in preparation of medicine during the month
1	2	3	4	5
Opium grams	Opium grams	Opium grams	Opium grams	Opium grams

Closing balance on 1st day of the month	Name of medicines in which opium or manufactured drug is used and the quantity of such medicines prepared		Signature of the licensee	Remarks if any
Closing balance on 1st day of the month	Name	Quantity prepared grams	Signature of the licensee	Remarks if any
6	7	8	9	10
Opium grams

Form N.D.P.S. A-3

[See Rule 4]

[In the entire Form, words "or manufactured drug" are substituted for the word 'opium' by amending notification no.5 dated 6-10-88.]

Application for a licence for the possession of opium of manufactured drug for use as an ingredient of a medicine and for the sale of medicines containing opium or manufactured drug; required by an institution or a manufacturer of medicine/ medicines.

The District Excise Officer, ................................ ................................

Sir,

I..................of (Institution/Manufactuary)

at.............. tehsil........... District (Exact location) .............. request that a licence for the possession of opium or manufactured drug for use an ingredient in the preparation of medicine.... and for the sale of medicines containing opium or manufactured drug at the premises........ may be granted, renewed for the year ending 31st March, 19....

I produce Rs..... on account of the licence fee.
I require......... grams of opium or manufactured drug in a year for use in the institution/manufactuary.
I agree to abide by the terms and conditions of the licence which may be granted,/renewed to me.
I hereby declare that-

(1) No licence was ever refused to me.

(2) No similar licence previously granted to me was ever revoked or suspended.

(3) No renewal of a similar licence was ever refused to me owing to a breach of law relating to Excise Revenue, Opium or manufactured drug or intoxicating drugs.

I herein give the particulars (name, ingredient and use of the medicine/medicines in which opium or manufactured drug shall be required etc.)
I declare that to the best of my knowledge and belief the information furnished herein is true and no material facts has been suppressed by me.

Place..............

Signature of the Applicant

Date...............

Form N.D.P.S. L-4

[See Rule 4(iii)]

[In the entire Form, words "or manufactured drug" are inserted after the word 'opium' by amending notification no.5 dated 6-10-88.]

Licence No.................

Licence for the possession of opium or manufactured drug required on behalf of any institution, or by a manufacturer of medicines, for use as an ingredient of any medicine and for the sale of medicines containing opium or manufactured drug.

Licence is hereby granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substance Act, 1985 and the rules made thereunder.......... to........ of (herein after called the "the licensee") in respect of [............] (hereinafter called "the said Institution/Manufactuary/ Chemist") on payment of licence fee of Rs....authorising him to possess opium or manufactured drug for using it is an ingredient of any medicines containing opium or manufactured drug at the premises of the said Institution/Manufactuary/Chemist situated at.......... in the Tahsil of.........in the District of...........subject to the following conditions, namely:-

Conditions

This licence shall remain in force from......to..........(both days inclusive).
The licensee shall not obtain opium or manufactured drug except from a depot established under rule 11 of the Rajasthan (Narcotic Drugs and Psychotropic Substance) Rules, 1985:

Provided that the licensee may, in any special case, be permitted to obtain opium or manufactured drug from any other place with the previous approval of the Addl. Commissioner:

Provided further that the licensee may obtain his requirements of medicines containing opium or manufactured drug from any licensee who is permitted to sell such medicines under the Rajasthan Narcotic Drugs and Psychotropic Substance Rules, 1985 or may import the same from any other State in India subject to the provisions of the said Rules.

(1) The licensee shall not obtain, during any quarter commencing from the 1st day of April, opium or manufactured drug exceeding..............grams and shall not possess it at any time in excess of double this quantity:

Provided that where the licensee fails to obtain any quantity of opium or manufactured drug which he is authorised to obtain during any quarter, he shall not be entitled to obtain the same at any time thereafter during the licence period except during the quarter next following.

(2) The licensee shall get the details of the quantity obtained by him entered in the Schedule I hereto appended by the Officer- in-charge of the depot, before he removes from the depot the opium or manufactured drug obtained by him.

The licensee shall not use or sell opium or manufactured drug except as an ingredient of any medicine. He shall not sell medicines containing opium or manufactured drug to any person other than a person holding (i) a license to sell Medicines containing opium, or manufactured drug, or (ii) a prescription issued by a Registered Medical Practitioner in that respect; nor shall the sell such medicines containing opium or manufactured drug in a manner different from that laid down in such license or prescription.
The licensee shall not keep opium or manufactured drug and Medicines containing opium or manufactured drug except the premises of the said institution/manufactuary/ chemist.
No opium or manufactured drug other than the opium or manufactured drug obtained under this licence shall be transported and possessed by the licensee.
The privileges of possession and transport of opium or manufactured drug granted under this licence shall extend only so far as they are incidental to its use in accordance with this licence.
(1) The licensee shall keep daily accounts of the quantities of opium or manufactured drug received and used by him in the form prescribed in the Schedule-II hereto appended. The accounts shall be plainly and correctly written up in a bound book paged and stamped with the seal of the Addl. Commissioner, or any other officer authorised by him in this behalf. Similar accounts in respect of medicines containing opium or manufactured drug prepared, purchased or imported by the licensee shall also be maintained from day to day in such form as may be prescribed by the Commissioner if so required by him.

The licensee shall file and preserve for one year the said accounts, passes, and copies of the prescriptions against which he sold the opium or manufactured drug as one of the ingredients of any medicine and shall produce them for inspection alongwith the opium or manufactured drug and the medicines containing opium or manufactured drug held by him in balance, at any time when the District Excise Officer or any other officer duly empowered in this behalf calls upon him to do so.

[9. Except with the permission of the Commissioner, the licensee shall not sell, transfer or sub-let the privileges conferred upon him by this licence nor shall he admit any person as his partner in the business of his manufactuary.]

The licence may be suspended or cancelled at any time by the Officer granting it-

(a) for non-payment of any duty or fee payable by the licensee;

(b) for default or violation by himself or by any servant or person acting on his behalf of any of the conditions specified in the licence;

(c) if the holder thereof be convicted of a breach of the peace or of any offence against any law relating to excise revenue, liquor, opium or manufactured drug or intoxicating drugs or of any other criminal offence during the period of the licence;

(d) if the licensee infringe any of the provisions of the Narcotic Drugs and Psychotropic Substance Act, 1985 or the rules in force thereunder;

(e) after giving the licensee fifteen days notice, or if the licensee desires to surrender his licence within fifteen days from the receipt of such notice from him.

In case this licence is surrendered, suspended or cancelled during the currency of the period for which it is granted or if not renewed on its expiry, the licensee shall forthwith hand over the whole of the unused stock of opium or manufactured drug and of the medicines containing opium or manufactured drug to the District Excise Officer.

The licensee shall also hand over to the District Excise Officer all accounts, passes and prescriptions, in original, which he is required to Keep and preserve under this licence.

Granted this..............day of.........19...

Seal of the Officer

Signature and designation of the officer granting the licence.

Place............

Schedule-I

[See conditions 3(2) of the Form NDPS L-4]

Licence No...................

Name of the Depot............

Name of the licensee.........

Address......................

Aggregate quantity of opium or manufactured drug allowed to be purchased during each quarter...........

Date	Quantity obtained	Progressive total of the quantities obtained for each quarter	Signature of the Officer-in-charge of the depot
1	2	3	4

Schedule-II

[See conditions 8(1) of the Form NDPS L-4]

Name of the licensee..............

Licence No........................

Date	Opening balance	Quantity received from the Depot	Quantity received from any other place
1	2	3	4
	Opium grams	Opium grams	Opium grams

Total (Total of Columns 2, 3 & 4)	Quantity used in the preparation of medicines	Closing balance
5	6	7
Opium grams	Opium grams	Opium grams

Names of medicines in which opium or manufactured drug is used and the quantity of such medicines manufactured.		Signature of the licensee	Remarks if any
8	9	10	11
Name	Quantity manufactured grams

Form N.D.P.S. A-5

[See rule 5(i)]

[In the entire Form, words "or manufactured drug" are inserted after the word 'opium' by amending notification no.5 dated 6-10-88.]

(Application for a licence for the possession and sales of medicines containing opium or manufactured drug by a dealer in medicines)

The District Excise Officer, ...............................

Sir,

I ......... S/o.......... residing at..........Tehsil............. Distt.(Full address) request that I may be granted a licence to possess and sell medicines containing the accompanying licence during opium or manufactured drug at the premises...............(exact location may be renewed) for me the year ending the 31st March, 19........

I am the holder of a licence under the Narcotic Drug and Psychotropic Substance Act, 1985. My licence No. is.............
I agree to abide by the terms and conditions of the licence which may be granted/renewed to me.
I hereby declare that-

(1) No licence was ever refused to me.

(2) No similar licence previously granted to me was ever revoked or suspended.

(3) No renewal of a similar licence was ever refused to me owing to a breach of law relating to Excise Revenue, Opium or manufactured drug or intoxicating drugs.

I declare that to the best of my knowledge and belief the information furnished herein is true and no material fact has been suppressed by me.

Place...............
Date................	Signature of the Applicant.

Form N.D.P.S. L-6

[See rule 5 (iii)]

[In the entire Form, words "or manufactured drug" are inserted after the word 'opium' by amending notification no.5 dated 6-10-88.]

Licence No..............

Licence for the possession and sale of Medicines containing opium or manufactured drugs by a dealer.

Licence is hereby granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substance Act, 1985 and the rules made thereunder to............of..........(hereinafter called "the Licensee") on payment of a licence fee of Rs..........authorising him to possess and sell Medicines containing opium or manufactured drug at his premises situated at.........in the Tahsil of........in the District of.............subject to the following conditions, namely:-

Conditions

This Licence shall remain in force from........ to......... (both days inclusive).
The Licence shall not obtain Medicines containing Opium or manufactured drug except as permitted under the Rajasthan Narcotic Drugs and Psychotropic Substances Rules, 1985.
The Licensee shall not sell medicines containing opium or manufactured drug to any person other than a person holding(i) a licence in Form N.D.P.S.L-2 or N.D.P.S.L.-4, (ii) a prescription issued by a registered medical practitioner in that respect: nor shall be sell such medicines in a manner different from that laid down in such licence or prescription.
The Licensee shall not keep medicines containing opium or manufactured drug except at the abovesaid premises.
No medicines containing opium or manufactured drug other than those obtained under this licence shall be transported, possessed or sold by the licensee.
The licensee shall keep daily accounts of the quantities of medicines containing opium or manufactured drug obtained and sold by him in such form as may be prescribed by the Commissioner, if so required by him. The accounts shall be plainly and correctly written up in a bound book, paged and stamped with the seal of the Additional Commissioner or any other officer authorised by him in this behalf.
The licensee shall file and preserve for one year the said accounts, passes and copies of the prescriptions against which he sold medicines containing opium or manufactured drug and shall produce them for inspection alongwith the stock of medicines containing opium or manufactured drug held by him in balance at any time when the District Excise Officer or any other officer duly empowered in this behalf calls upon him to do so.
Except with the permission of the Commissioner the licensee shall not sell, transfer or sublet the privileges conferred upon him by this licence nor shall he admit any person as his partner in the business of his licence.
This licence may be suspended or cancelled at any time by the Officer granting it-

(a) for non-payment of any duty or fee payable by the licensee;

(b) for default or violation by himself or by any servant or person acting on his behalf or any of the conditions specified in the licence;

(c) if the holder thereof be convicted of a breach of the peace or of any offence against any law relating to excise revenue, liquor, opium or manufactured drug to intoxicating drugs or any other criminal offence during the currency of the licence;

(d) if the licensee infringes any of the provisions of the Rajasthan Narcotic Drugs and Psychotropic Substances Act, 1985 or of the Rules in force thereunder;

(e) after giving the licensee fifteen days notice or if the licensee desires to surrender his licence within fifteen days from the receipt of such notice from him.

In case this licence is surrendered, suspended or cancelled during the currency of the period for which it is granted or is not renewed on its expiry, the licensee shall forthwith hand over the whole of the unused stock of medicines containing opium or manufactured drug to the District Excise Officer. The licensee shall also hand over to the District Excise Officer all accounts, passes and prescriptions, in original, which he is required to keep and preserve under this licence.

Granted this..............day of...........19...

Seal of the Officer.

Signature and Designation of the Officer granting the licence.

Form 'A'

[See Rule 16(ii)]

Pass for import of Medicine(s) containing Opium (in quadruplicate)

1.	Counterfoil	- (For Office use)
2.	Duplicate	- (To be forwarded to the Inspector of Excise Incharge of the place of import)
3.	Triplicate	- (To be forwarded to the Excise Authority of the place)
4.	Quadruplicate	- (To be handed over to the applicant to accompany the consignment)

Serial No.

Date

19.........

Mr./Messers............... (name and full address of the importer) is/are hereby authorised to import the under mentioned medicine(s) containing opium [or manufactured drug] from Mr./Messers...........(name and full address of the Exporter).

Exact description of the medicine(s)	Total quantity of the medicine to be imported	Total quantity of Opium contained in the medicine to be imported	Packages No. Gross weight

This Pass is granted under and subject to the provisions of the Rajasthan Narcotic Drugs and Psychotropic Substances Rules, 1985 and subject to the following conditions.-

(1) The consignment shall not broken in transit.

(2) This pass shall remain in force upto and including 19....

Signature and Designation of the Officer issuing the Pass

Form 'B'

[See Rule 16(iii)]

Pass for Export of Medicine(s) containing Opium (in quadruplicate)

1.	Counterfoil	- (For Office use)
2.	Duplicate	- (To be forwarded to the Inspector of Excise of the place of export)
3.	Triplicate	- (To be forwarded to the Excise Authority of the place of import)
4.	Quadruplicate	- (To be handed over to the applicant to accompany the consignment)

Serial No.

Date

19.........

Mr./Messers............... (name and full address of the importer) is/are hereby authorised to import the under mentioned medicine(s) containing opium to Mr./Messers...........(name and full address of the Exporter).

Exact description of the medicine(s)	Total quantity of the medicine to be exported	Total quantity of Opium contained in the medicine to be exported	Packages No. Gross weight

This Pass is granted under and subject to the provisions of the Rajasthan Narcotic Drugs and Psychotropic Substances Rules, 1985 and subject to the following conditions.-

(1) The consignment shall not broken in transit.

(2) This pass shall remain in force upto and including 19....

Signature and Designation of the Officer issuing the Pass

Form 'C'

[See Rule 28(1)(a)]

Declaration by a Cultivator

(Delete the letters and words not applicable)

I/We.................. (name with parentage) residing at village........... (Tahsil)......... District........... hereby declare particulars, in the Schedule below, of the land on which I/we cultivated the Poppy during the year........ and the total quantity of Lanced Poppy Heads of the produce thereof.

I/We agree to abide by the provisions of the Rajasthan Narcotic Drugs and Psychotropic Substances Rules, 1985 and orders issued thereunder.
I/We declare that to the best of my/our knowledge and behalf the information furnished herein is true an complete.

Place.................

Date..................

Signature(s) or thump impression(s) of the cultivator(s)

Schedule

Village............
Tahsil.............
District...........
Survey No. ........
Area...............
Description of land specifying boundaries or survey or Field Number...........
Total Produce of Landed Poppy Heads................
Details of the building or place used for storing the total quantity of Lanced Poppy Heads...............

Form 'D'

[See Rule 28(i) & proviso to Rule 30]

(certificate for Import into or Export from or Transport within the State of Lanced Poppy Heads)

(Delete the letters and words not applicable)

1.	Name and address of the person supplying the Lanced Poppy Heads-
	(a) Cultivator...............
	(b) Bonded Ware house Licence..............
2.	(a) Form No. and date of the declaration by Cultivator.
	(b) Licence No. and date of the Bonded Warehouse.
3.	Number and description of packages.
4.	Name and address of the person receiving the Lanced Poppy Heads.
5.	Licence No. and date of the Bonded Warehouse where the Lanced Poppy Heads are to be consigned.
6.	Manner of Transport.
7.	Route.
8.	In the case of export. No. and date of import permit and whether duty paid or under Bond.
9.	Validity upto............day of...........

Place...............

Date................

Signature of the [Additional Excise Commissioner] the District Excise Officer.

Seal of the District Excise Officer.

Note. - (1) To be issued in triplicate, original to be retained in the office of issue, duplicate to be given to the consignor and the triplicate to the consignee.

(2) In case of export without payment of duty and endorsement by the Officer of the importing State shall be obtained that the consignment agrees is all respect with the description noted above. This copy shall be produced in the office of issue within a period of one month for entry in the relevant register, failing which duty may be recovered.

Form 'E'

[See rule 28(i)(b)]

Permit for duty paid Lanced Poppy Heads

(Delete the letters and words not applicable)

1.	Name and address of the person supplying the Lanced Poppy Heads-
	(a) Cultivator
	(b) Bonded Warehouses Licence
2.	(a) Form No. and date of the declaration by the cultivator
	(b) Licence No. and date of the Bonded Warehouse.
3.	Number and description of packages.
4.	Name and address of the Licensed Vendor receiving the Lanced Poppy Heads
5.	Licence No. and date of the Vendor referred to at item No. 4.
6.	Amount of duty.
7.	No. and date of treasury receipt and name of the Treasury where duty deposited.
8.	Manner of Transport.
9.	Route
10.	Validity upto.........day of.........

Place...............
Date................	Signature of the District Excise Officer

Seal of District Excise Officer.

Note. - To be issued in triplicate, original to be retained in the office of issue, duplicate to be given to the consignor and the triplicate to the consignee.

Form 'F'

[See rule 33(2)]

Licence for establishment of a Private Bonded Warehouse.

(Delete the letters and words not applicable)

The undermentioned premises belonging to Shri/Sarvashri......... of........ are hereby licensed, subject to the provisions of the Rajasthan Narcotic Drugs and Psychotropic Substances Rules, 1985 and any orders issued thereunder as a Private Bonded Warehouse for the Storage of Lanced Poppy Heads on which duty has not been paid.

Situation and description of the premises:

........................... ...........................

The licence is granted to Shri/Sarvashri...........(name with parentage) who is/are holding a licence No........... date...... for wholesale of Lanced Poppy Heads at the premises................
This licence will remain in force until 31-3-19............ unless revoked before that date.
The Licensee shall maintain proper and true daily accounts of purchase and sale regularly and produce his licence, sale accounts and stocks of Lanced Poppy Heads for inspection immediately on demand by any officer of the Excise Department not below the rank of an Excise Officer.
On breach of the condition of this licence or provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Rules made thereunder or of any order or instructions issued from time to time, the licence shall be liable to be revoked in addition to other punishments which may be inflicted under the provisions of the said Act.

Place...............

Date................

Signature of the Additional Commissioner, Excise Department.

Form 'G'

[See rule 33(3)]

Warehouse Register

Situation of Ware house
Name of licensee
No. and date of licence
No. and description of packages with No. and date of the Certificate
Gross weight
Net weight
Room or place in Warehouse in which deposited.
No. of packages delivered
Net weight delivered
Name and address and licence number of person to whom delivered
Amount of duty
No. and date of permit
Balance in stock in warehouse

(1) No. of packages

(2) Net weight

Remarks

Form N.D.P.S. L-7

[See Rule 34(i)(a)]

Licence for the Wholesale Vend of Lanced Poppy Heads

(Delete the letters and words not applicable)

Licence No..................

District....................

Division....................

Locality of the shop........

Licence for wholesale Vend of Lanced Poppy Heads is hereby granted to Shri........ S/o...... resident of.............. in the premises............ in the town........... during the year ending March 31..... subject to the.following conditions and to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Rajasthan Narcotic Drugs and Psychotropic Substances Rules, 1985.

This Licence is granted for a licence fee of Rs....... (in words............). The licensee shall deposit this amount as per conditions of [auction/tender]notice.

He has deposited Rs............(in words...........) as installment at the fall of hammer as advance deposit before issue of this licence.

The licensee [may]maintain a private Bonded warehouse and [may]obtain a licence for the same.
The licensee shall make sales only to a licensee of Lanced Poppy Heads and not to any other person.
The licensee shall produce for inspection his licence, accounts and total stock of Lanced Poppy Heads on demand by the officers of the Excise Department not below the rank of an Excise Officer and allow such officer to enter the licensed premises at any hour of the day or night for the purpose of inspection and afford all reasonable facilities to him for this purpose.
The licensee shall keep in ink a true daily account in the following form showing the receipt and sale of Poppy Heads each day and the balance and stock:-

Date	Quantity Lanced Poppy Heads in stock from the day preceding	Quantity received and when received.	Place from where received
1	2	3	4

Whether under Bond or duty paid. If duty paid amount of duty and treasury receipt No. and date.	No. and date of certificate and the authority with its place	Total quantity in stock	Quantity sold
5	6	7	8

To whom sold with full particulars	No. and date of permit under cover of which it is sold.	Closing balance.	Remarks.
9	10	11	12

[5A. At the termination of this licence, in case he has not been granted the licence for the ensuing year, the licensee shall sell the balance stock of Lanced Poppy Heads to any other licensee after obtaining necessary sanction from the Additional Commissioner, and if he is unable to dispose of his Stock within a period of one month it will be liable to confiscation for which he will not be entitled to claim any compensation.]

[5B. Storage/collection of lanced poppy heads in bonded ware houses/wholesale shops shall be in bags having quantity of 40kg. each.]

On breach of any of the above conditions or any of the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Rajasthan Narcotic Drugs and Psychotropic Substance Rules, 1985 or of any orders or instructions issued from time to time, this licence shall be liable to be revoked by the Additional Commissioner in addition to other punishment which may be inflicted under the provisions of the said Act.

Provided that whereupon an application made in this behalf the [Excise Commissioner/Additional Excise Commissioner] is satisfied that the breach is of minor nature, he may condone such breach upon payment by the licensee of a sum of money [not less than Rs. five thousand subject to a maximum of upto annual fee for licence as applicable for the said wholesale vend alongwith double the duty/levy as applicable on the goods so found irregularly stored] [Two thousand].

Place...............
Date................	Signature of the Addl. Commissioner

Form N.D.P.S. L-8

[See rule 34(1)(b)]

Licence for the Retail Vend of Lanced Poppy Heads

(Delete the letters and words not applicable)

Licence No.................

District...................

Division...................

Locality of the shop.......

Licence for the Retail Vend of Poppy Heads is hereby granted to Shri......... S/o........... resident of........... in the premises in the town......... during the year ending March 31, 19........... subject to the following conditions and to the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Rajasthan Narcotic Drugs and Psychotropic Substances Rules, 1985:-

This Licence is granted for a licence fee of Rs..........(in words.........). The licensee shall deposit this amount as per conditions of the [auction/tender]notice.

He has to deposit Rs (in words..........) as installment at the fall of hammer as advance deposit before issue of this licence.

The licensee shall not have in his possession at any one time more than 200 Rs. of Lanced Poppy Heads.
The licensee shall sell no Lanced Poppy Heads but such as he may obtained legally from the wholesale licensee, on prepayment of duty thereon and shall not receive or have in his possession any stock obtained otherwise. All stocks so obtained shall be transported to his shop under cover of a permit in Form....... signed by the District Excise Officer within the time allowed.
Sales shall only be made at the shop named above and not in quantity exceeding 2 kgs., to an individual at any one time in a day.
Sales shall not be made between the hours of sunset and sunrise.
The licensee shall make in ink a true daily account in the following from showing the receipt and sale of Poppy Heads each day and the balance in stock. He shall also show the name, father's name and residence of each purchaser of 1 Kg. Lanced Poppy Heads and upwards, the entry is to be made immediately after each transaction:-

Date	Quantity of Lanced Poppy Heads in stock from the day preceding	Quantity received and when received	Amount of duty paid thereon	Treasury receipt No. and date and name of treasury
1	2	3	4	5

No. and date of permit	Total Quantity in stock	Quantity sold this day	Name, Father's name, residence of each purchaser	Closing balance
6	7	8	9	10

The shop shall not be located in the same building in which a shop licensed to sell Lanced Poppy Heads by wholesale or Bonded Warehouse is located.
The Licensee shall not allow any person to conduct sales in his licensed premises unless the name of such person has been previously submitted to the District Excise Officer for approval and endorsed by him on the licence.
The licensee shall produce for inspection his licence, accounts and total stock of Lanced Poppy Heads on deemed by the officers of the Excise Department not below the rank of an Excise Officer and allow such officer to enter the Licensed premises at any hour of the day or night for the purpose of inspection and afford all reasonable facilities him for this purpose.
At the termination of this licence, in case he has not been granted the licence for the ensuring year, the licensee shall sell the balance stock of Lanced Poppy heads to any other licensee after obtaining necessary sanction from the Additional Commissioner if he is unable to dispose of his stock within a period of one month it will be liable to be confiscated for which he will not be entitled to claim any compensation.
On breach of any of the above conditions, or any of the provisions of the Narcotic Drugs and Psychotropic Substance Act, 1935 and the Rajasthan Narcotic Drugs and Psychotropic Substances Rules, 1985 or of and orders or instructions issued from time to time, this licence shall be liable to be revoked by the Additional Commissioner in addition to other punishment which may be inflicted under the provisions of the Act.

Provided that whereupon an application made in this behalf, the [District Excise officer] is satisfied that the breach is of minor nature, he may condone such breach upon payment by the licensee of a sum of money not exceeding Rs. [two thousand].

Place...............
Date................	District Excise Officer

[Form N.D.P.S. A-9]

(See Rule 44(1)]

Application for the possession of Lanced Poppy Heads for personal consumption

The District Excise Officer ............................... Photo of Applicant

Sir,

I............... (Name in full with Father's husband's name) caste ............. age.......... occupation........ Resident of ........... Tehsil......... District........) request that a permit for the possession of Lanced Poppy Heads for my bonafide personal consumption may be granted/renewed for the year ending 31st March, 200......

I have deposited a sum of Rs. 50/- as the fee for the issue of permit vide enclosed Challan No Dated...... or receipt No. ..... Dated..........
I require........ Kg. Lanced Poppy Heads per month for my bonafide personal consumption as I am an Lanced Poppy Heads addict. In support of this, Medical Certificate is also enclosed.
I am in possession of a permit No for Kg./not in possession of a permit.
I undertake to take such treatment for weaning me away form Lanced poppy heads addiction as may be prescribed or directed.
I shall not transfer this permit to any body else.
I am enclosing my three passport size photos.
I also enclose attested photocopy of latest Ration Card/Voter List or certificate issued by a Revenue Officer in support of my being bonafide resident of the address given at Serial No. (1) above.

I solemnly declare that information given in above paras is correct.

Encl: As above

Date................

Signature of the Applicant.

Recommendation

We undersigned recommend that applicant is entitled for issue of above permit for............Kg. of Lanced Poppy Heads per month for the year 200...... /or we undersigned don't find applicant fir for permit applied for.

District Excise Officer.

......................

Assistant Collector

......................

Medical Officer

......................

...................

Form 'H'

[See Rule 44(2)]

Permit No...........

Permit for the possession of Lanced Poppy Heads for personal consumption in the State of Rajasthan

(A)	(1) Permit holder's name
	(2) Father's name/Husband's name
	(3) Religion or caste
	(4) Apparent age
	(5) Address in full
	(6) Occupation
(B)	Purpose for which the permit is granted.	For personal consumption.
(C)	Reference to Medical Certificate:-
	(1) Name and address of the Medical Officer who granted the Certificate.
	(2) Date of Certificate
	(3) Quantity of Lanced Poppy Heads recommended per month
	(4) Personal identification marks of the permit holder as verified by the Medical Officer.		1. 2. 3.

This permit is granted under and subject to the provisions of the Narcotic Drugs and Psychotropic Substances, Act, 1985 and the Rules made thereunder to Shri.......... of.........(hereinafter referred to as "the permit holder") on payment of a fee of Rs.......... authorising him to possess and transport Lanced Poppy Heads subject to the following conditions:-

Conditions

This permit shall remain in force from .......to....... (both days inclusive).
The permit holder shall as soon as possible present this permit before the concerned Excise Officer of the Excise Department for his countersignature and in any case not later than one month from the receipt of this permit.
(1) The permit holder shall not obtain during any one month Lanced Poppy Heads exceeding......... Kg:

Provided that this quantity may be reduced during the period of the permit according to the orders of the Commissioner or the State Government.

(2) The permit holder shall not possess at any one time more than......... kilograms of Lanced Poppy Heads.

(1) The permit holder shall not obtain his supplies of Lanced Poppy Heads from any place except from a depot, established under the Rajasthan Narcotic Drugs and Psychotropic substances Rules, 1985.

(2) The permit holder shall get the details of the purchase entered on the reverse of the permit by the officer-in-charge of the depot, before he removes from the depot the Lanced Poppy Heads purchased by him.

(3) No Lanced Poppy Heads other than Lanced Poppy Heads obtained under this permit shall be transferred or possessed by the permit holder.

The Lanced Poppy Heads obtained under this permit shall neither be used by any person other than the permit holder nor shall it be used for any purpose other than the purpose for which this permit is granted.
The privileges of transport and possession of Lanced Poppy Heads granted under this permit shall extend only for as they are incidental to its consumption in accordance with this permit.
The permit shall be non-transferable and may be suspended or cancelled, at any time by the Officer granting:-

(a) for non payment of any fee payable by the permit holder;

(b) for default or violation by the permit holder of any conditions specified in the permit;

(c) if the holder thereof be convicted of any offence against any law relating to excise revenue, liquor, Lanced Poppy Heads or intoxicating drugs;

(d) if the permit holder infringes any of the provisions of the Narcotic Drugs Psychotropic Substances Act, 1985 or of the Rules in force thereunder;

(e) if the purposes for which the permit granted ceases to exist.

In case the permit is surrendered, suspended or cancelled during its period or is not renewed on its expiry, the whole of the unconsumed stock of Lanced Poppy Heaps shall forthwith be surrendered, to the Officer granting the permit.

Granted this............day of.........19.....

Signature or the left hand thumb impression of the permit holder.

Signature and designation of the authority granting the permit.

Countersigned

Excise Officer of the Excise Department

(Reverse of the Permit)

Details of purchases of Lanced Poppy Heads made by the permit holder from............to............

Date	Total quantity of LPH permitted to be Quantity of LPH purchased in the current month.	purchased
1	2	3

Running total of Quantity of LPH purchased since the first of the current month	Difference between the quantity allowed in the current month and the running total (Col. 4)	Signature of the Officer-in-charge of the depot and the name of the depot
4	5	6

Form 'I'

[See rule 44 2(a)]

Certificate from the Medical Officer or Medical Board recommending the grant to an applicant of a permit to possess Lanced Poppy Heads for personal consumption.

This is to certify that the Applicant Shri/shrimati/Kumari.......... full....... name), religion........... who is by his/her statement, aged........... years and is apparently about........ years of age, residing at...............(full address) has by his/her statement and on examination been found to be habituated to consume Lanced Poppy Heads.

The applicant states that he/she is suffering from and on examination....... is found to be suffering from......... (description disease) there is no trace of any incurable or painful disease.

The Medical Officer or the Medical Board is of the opinion that the said Shri/Smt./Kumari........ requires Lanced Poppy Heads for his/her personal consumption as medical necessity and recommends that he/she may be permitted to consume Lanced Poppy Heads in a quantity not exceeding.......... kilograms per month for a period of.........months [***].

The personal identification marks of the above named Shri/ Shrimati/Kumari......... as verified are:-

(i) ...........................

(ii) ..........................

(iii) .........................

The photograph of the above named shri/shrimati/Kumari .............. has been verified and found to represent him/her. A declaration to this effect has been signed on the reverse of the photograph

	1.......................
Station (full address)	2.......................
	Signature of the Medical Officer
	OR
Place...........................	Signature with designation of the members of the Medical Board for the District of...............
Date...........................

Form 'K'

[See proviso to Rule 45(vii)]

Temporary Permit

(Temporary permit for the possession of Lanced Poppy Heads for personal consumption in the State of Rajasthan).

(A)	(1) Permit holder's name
	(2) Father's name
	(3) Religion or Caste
	(4) Apparent age
	(5) Address in full
	(6) Occupation
(B)	Purpose for which the permit granted	For personal consumption
(C)	Reference to Medical Certificate-
	(1) Name and address of the Medical Officer who granted the Certificate
	(2) Date of Certificate
	(3) Quantity of Lanced Poppy Heads recommended per month
	(4) Personal identification marks of the permit holder as verified by the Medical Officer		1. 2. 3.
	(5) Application for permanent permit alongwith Medical Certificate granted under C(1) referred to Medical Board under sub-rule (vii) of Rule 45 vide letter No............ Dated.........
(D)	Quantity permitted to the permit holder from.......... to......

This temporary permit is granted under and subject to the provisions of the Rajasthan Narcotic Drugs and Psychotropic Substances Act, 1985 and the rules made thereunder to Shri ............ of (hereinafter referred to as "the permit holder") on payment of a fee of Rs............ authorising him to possess and transport Lanced, Poppy heads subject to the conditions attached to permit in Form 'H'.

Granted this..............day of..........19.......

Signature or the left hand thumb impression of the Permit holder.

Signature and designation of the authority granting the permit.

Countersigned

Concerned Excise Officer of the Excise Department

Place..............

Date...............

Form 'L'

[See proviso to rule 31]

Certificate

Certified that M/s or Shri............... (name of cultivator or a licensee of a bounded warehouse) who wish to Export/Transport.......... Kilogram of Lanced Poppy Heads in bond from M/s or Shri...........

(a) the place of storage of cultivator Shri............. resident of village/Tahsil..............District.........

(b) from the licensed bounded warehouse of M/s or Shri.............. situated at............ District......... are/is holder of bonded warehouse licence No........... at.......... in District............ in my jurisdiction.

District Excise Officer

Form 'M'

[See rule 45 (v)]

Record of Medical Examination

Name and address of the examinee................................
Age.............................................................
Sex.............................................................
Weight..........................................................
Blood Pressure..................................................
(a) General Physical Examination

(b) (1) Evidence, if any, to show that the Examinee is habituated to consume [Lanced Poppy Heads]

(2) Evidence for loss of weight, if any.

(3) Presence of any disease for which examinee is required to use or consume [Lanced Poppy Heads] (Please state the name of the disease and also whether it is and incurable or painful disease.)

Period for which the applicant is habituated to consume [Lanced Poppy Heads.]
Quantity of [Lanced Poppy Heads]recommended by the examinee's personal medical advisor and the reasons given by him for such recommendation.
Quantity [Lanced Poppy Heads]recommended per mensem by Medical Officer or the Medical Board and also,its reasons for recommending or refusing the use of consumption of [Lanced Poppy Heads]by the examinee.
Any other remarks

	Signature of the Medical Officer
	OR
Place..............	Signature(s) with designation(s) of the Members of the Medical Board for the Area of
Date...............

[Form 'N']

[See Rules 25]

Account of Production, sale and destruction of Lanced poppy Heads (LPH) by Cultivator

Name of the Opium Gultovator:	Father's Name
Village	Tehsil District
Number and Dated of Opium Cultivation Licence:

S. No.	Khasra No.	Allotted area of Opium Cultivation (in hectares)	Destruction of crop by ploughed back (area in hectares)	Net area of opium Cultivation (In hect. area) (3-4)	Declare quantity of LPH (As per Form-C In Kgs)	Actual Production of LPH (KGs)	LPH sold to authorized licence	Quantity of LPH destroyed
1	2	3	4	5	6	7	8	9

I, hereby certify that the particulars shown above are correct to the best of my knowledge and belief, the information furnished herein is true and no material fact has been concealed by me.

I, hereby undertake that if any of above particular is found incorrect or is found that any fact is concealed by me, I shall be liable for action under the provisions of Act and rules made there under.

Date : Place

Signature of Cultivator

State Notifications

Under The Narcotic Drugs and Psychotropic Substances Act, 1985

(Central Act No. 61 of 1985)

[Notification No. 24(10)ME/Gr. 1/85, Published in Rajasthan Gazette Part IV-C (1), dated 19-12-85, page 227].

G.S.R. 69. - All the Medical Officers not below the rank of Civil Assistant Surgeon, appointed by the State Government and posted in a Government/Dispensary are hereby instructed to issue medical certificate as mentioned in rule 44 in a manner provided in Rule 45 of the Rajasthan Narcotics Drugs and Psychotropic Substances Rules, 1985.

These orders will come into force immediately.

Section 36

[Notification No. P. 2(10) Judi/86, dated 26-7-93, Published in Raj Gazette Part IV-C (II) dated 12-8-93, page 67 = 1993 RSCS/Part II, N.347 page 436].

S.O. 73. - Under Section 36(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act No. 61 of 1985), the State Government with consultation of the High Court, specifies the following District & Sessions Courts as special Courts in respect of matters arising under the Act to the extent of their territorial jurisdiction:-

District & Sessions Courts of the District

(1) Ajmer, (2) Alwar, (3) Banswara, (4) Bara, (5) Bharatpur, (6) Bhilwara, (7) Bikaner, (8) Boondi, (9) Churoo, (10) Pratapgarh (Distt. Chittaurgarh), (11) Doongarpur, (12) Daunsa, (13) Shriganganagar, (14) Jaipur Distt., (15) Jaipur City, (16) Jhalawad, (17) Jhunjhunu, (18) Kota, (19) Medta (Distt. Nagore), (20) Rajsamand, (21) Sawai Madhopur, (22) Sikar, (23) Sirohi, (24) Udaipur, (25) Dhaulpur, (26) Tonk.

Further Special courts established by similar notifications with date of notification and place as specified below: -

Notification dated 28-1-1994, Additional District & Sessions Judge's Court, Malpura, Published in Rajasthan Government Gazette dated 10-2-1994, page 133;
Notification dated 4-2-1994, Additional District & Sessions Judge's Courts established at places other than the Headquarters of the Districts, Published in Rajasthan Government Gazette dated 18-2-1994, page 245;
Notification dated 4-3-1994, Additional District & Sessions Judge's Courts No. 1 & 2, Kota, Published in Rajasthan Government Gazette dated 7-4-1994, page 1;
Notification dated 20-4-1995, Additional District & Sessions Judge's Court, Jhalawad, Published in Rajasthan Government Gazette dated 3-5-1995, page 5;
Notification dated 20-4-1995, above court at Camp Aklera, Published in Rajasthan Government Gazette dated 25-5-1995, page 49;
Notification dated 2-5-1997, District & Sessions Judge's Court, Pratapgarh, for the areas Pratapgarh, Arnod, Chhoti Sadrhi, Badi Sadrhi Tehsils, Published in Rajasthan Government Gazette dated 8-5-1997, page 89;
Notification dated 2-5-1997, Special Court, N.D.P.S. Case, Chitorgarh for the areas other than Pratapgarh, Arnod, Chhoti Sadrhi, Badi Sadrhi Tehsils, Published in Rajasthan Government Gazette dated 8-5-1997, page 89;
Notification dated 23-7-1997, Jurisdiction conferred on Link Courts of the District & Sessions Judge's Courts, Hanumangarh, Shri Ganganagar, Jaipur City, Bhilwada, Chitorgarh 9No. (1), Jhalawad & Jodhpur for the reasons and period stated in the said notification. Published in Rajasthan Government Gazette dated 7-8-1997, page 235;
Notification dated 8-7-1998, Jurisdiction of District & Sessions Judge's Courts at Bhilwada, Shri Ganganagar, Jaipur District, Jaipur City, Jhalawad is taken away to the extent the same is conferred on Special courts (N.D.D.S.Cases), Bhilwada, Hanumangarh, Shri Ganganagar, Jaipur City, Jhalawad;
Notification dated 11-9-1998, Additional District & Sessions Judge's Court No.2, Bundi, in place of District & Sessions Judge's Court, Bundi, Published in Rajasthan Government Gazette dated 17-9-1998. The jurisdiction of this special Court shall be Bundi Revenue District;
Notification dated 29-10-1998, newly constituted Additional District & Sessions Judge's Court, Ramganj Mandi, District Kota for Ram-ganj Mandi revenue territory, Published in Rajasthan Government Gazette dated 6-11-1998, page 49.

Section 41

[Notification No. F. 1(3) FD/EX/85-I, dated 16-10-86, Published in Rajasthan Gazette Extraordinary Part IV-C (II), dated 16-10-86, page 269].

S.O. 114. - In exercise of the powers conferred by section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act No 61 of 1985) the State Government do hereby authorise the officers listed below to exercise, within their jurisdictions, the powers mentioned in sub-section (2) of section 41 of the said Act with immediate effect:-

Collector & District Magistrate
District Superintendent of Police
District Excise Officer
Sub-Divisional Officer & Sub-Divisional Magistrate
Tahsildar.

[Notification No. F. 1(3) FD/EX/85-I, dated 16-10-86, Published in Rajasthan Gazette Part IV-C (II) dated 16-10-86, page 269].

S.O. 115. - In exercise of the powers conferred by section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act No 61 of 1985) the State Government hereby authorise all Inspectors of Police, and Sub-Inspectors of Police, posted as Station House Officers, to exercise the powers mentioned in Section 42 of the said Act with immediate effect:

Provided that, when power is exercised by Police Officer other than Police Inspector of the area concerned such officer shall immediately handover the person arrested and articles seized to the concerned Police Inspectors or S.H.O. of the Police Station concerned.

Section 43

[Notification No. F. 1(3) FD/EX/85 dated 24-1-1986, Published in Rajasthan Gazette Extraordinary Part IV-C (II) dated 25-1-86, page 355].

S.O. 173. - In exercise of the powers conferred by section 43 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act No 61 of 1985) the State Government hereby authorises all Excise Officers (not below the rank of Inspector) to exercise the powers mentioned in section 42 of the said Act with immediate effect:

Provided that when power is exercised by an Excise Officer other than an Excise Inspector of the Circle concerned, such officer shall immediately hand over the person arrested and article seized to the Excise Inspector of the circle concerned or S.H.O. of the Police station concerned.

Section 53

[Notification No. F. 1(3) FD/EX/85-II, dated 7-8-89, Published in Rajasthan Gazette Extraordinary Part IV-C (II) dated 7-8-89, page 180].

S.O. 73. - In exercise of the powers conferred by sub-section (2) of Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act No. 61 of 1985), the State Government hereby authorises the Officers of Excise Department, not below the rank of an Inspector Gr. I, to exercise the powers of an Officer-in-Charge of a Police Station for the purposes of investigation of offences under this Act.

[Notification No. F. 1(3) FD/EX/85-II, dated 10-4-92, Published in Rajasthan Gazette Extraordinary Part IV-C (II) dated 13-4-92, page 14].

S.O. 8. - In exercise of the powers conferred by sub-section (2) of Section 53 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (Central Act No. 61 of 1985), the State Government hereby authorises the officers of Excise Department, not below the rank of an Inspector Grade II with at least five years service experience on the post of Inspector Grade II, to exercise the powers of an Officer-in-Charge of a police station for the purposes of investigation of the offences under this Act.

[Notification dated 3-11-1995, Published in Rajasthan Gazette Extraordinary Part IV-C (II) dated 6-11-1995, page 260]

The State Government, as above, has invested the officers of Excise Department (Preventive Force) not below the rank of a Patrolling Officer Grade II with at least five years experience on the post of Patrolling Officer Grade II, with the powers of an officer-in-charge of a Police Station for the purposes of investigation of offence under the Act.