The Narcotic Drugs Or Psychotropic Substances (Regulation Of Controlled Substance) Order, 1993
Published vide Notification G.S.R. 295(E), dated 24.3.1993, published in the Gazette of India, Extraordinary, Part 2, Section 3(ii), dated 24.3.1993.
17/778
The Central Government being of the opinion that having regard to the use of the controlled substance in the production or manufacture of the narcotic drug or psychotropic substance, it is necessary and expedient so to do in the public interest, in exercise of powers conferred by section 9-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), hereby makes the following Order:—
- Short title and commencement .—(1) This Order may be called the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substance) Order, 1993.
(2) It shall come into force on the 15th day of April, 1993.
- Definitions .—(1) In this order unless the context otherwise requires,—
(a) “Act” means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(b) “Form” means a form appended with this Order;
(c) “Controlled Substances” means any substance declared by the Central Government under clause (vii-a) of section 2 of the Act;
(2) Words and expressions used herein and not defined but defined in the Act shall have the meanings respectively assigned to them.
- Manufacture, distribution, sale, imports, exports and consumption of controlled substance .—(1) Every person who manufactures or distributes or sells or imports or exports or consumes any controlled substance shall maintain daily accounts of his activities in Form 1 and Form 2, as the case may be. The records of his activity shall be preserved for a period of two years from the date of last entry in the register.
[(2) He shall report to the Director General, Narcotics Control Bureau, Wing No. 5, West Block-I, R.K. Puram, New Delhi-110066 immediately regarding any loss or disappearance of the controlled substances under his control. A copy of the report shall also be endorsed to the Zonal Director of the Narcotics Central Bureau within whose area of jurisdiction such loss or disappearance occurred.]
- Transport of controlled substance .—(1) A consignment of controlled substance shall be moved from one place to another place only when it is accompanied by a Consignment Note in Form 3.
(2) The Consignment Note shall be prepared in triplicate. The original and duplicate copies of the Consignment Note shall be sent alongwith the consignment to the consignee, who shall return the duplicate copy to the consignor for retention after endorsing on the original and duplicate copies the particulars of quantity received by him.
(3) The consignor shall make necessary entries on the triplicate copy of the Consignment Note with reference to the receipt of the controlled substance indicated on the duplicate copy of the Consignment Note.
(4) In the case of any consignment of the controlled substance which is imported into India, such consignment from the port of entry to any warehouse or factory or business establishment or premise of the importer or consumer, as the case may be, shall be accompanied by a Bill of Entry.
(5) The Consignment Note or the Bill of Entry, as the case may be, shall be, preserved for a period of two years by the consignor and the consignee or importer, as the case may be.
(6) No transporter shall carry a consignment of controlled substance without a Consignment Note or Bill of Entry.
(7) The transporter shall produce the Consignment Note or Bill of Entry, as the case may be, when required by an officer (being an officer superior in rank to a peon, sepoy or constable) of the department of central excise, narcotics, customs, revenue, intelligence or any other department of the Central Government or of the Border Security Force as is empowered in this behalf by general or special order by the Central Government, or any officer (being an officer superior in rank to a peon, sepoy or constable) of the revenue, drug control, excise, police or any other department of a State Government including Union Territory Administration as is empowered in this behalf by general or special order of the State Government including Union Territory Administration authorised under this clause.
[(8) Whenever controlled substances are transported by motorised tankers, all the inlets and outlets of the tankers shall be sealed with tamper-proof seals each of which shall have identifiable description. Such seal shall be affixed at the premises of the consignor and removed at the premises of the consignee. The description of tamper-proof seal affixed on the tanker shall be entered on the Consignment Note/Bill of entry with each consignment. No person shall use or possess any tamper-proof seal which has identifiable description on it identical to another tamper-proof seal.
(9) Whenever a consignment of controlled substance is transported from the area which comes within the jurisdiction of a Zonal Director of the Narcotics Control Bureau to an area which comes within the jurisdiction of another Zonal Director of the Narcotics Control Bureau, the consignor shall send a quarterly report to the latter Zonal Director in Form 6.
Explanation .—For the purposes of quarterly report under this clause, the area of jurisdiction of the Zonal Directors are the areas as specified in Form 4 of this order.]
[5. Selling of controlled substance .—Every person who sells a controlled substance to a buyer in a transaction shall sell so only after the buyer establishes his identity by production of a document like industrial licence or any registration certificate under any law or any other similar documents which establishes his identity and upon a declaration being made of the purpose for which the controlled substance is being purchased.]
- Labelling of consignments for export or import .—Every container or vessel containing a controlled substance in a consignment for export or in a consignment which is imported shall be labelled prominently giving details of the name and quantity of the controlled substance, name and address of the exporter and importer and the consignee if any. The documents relating to the import or export of the controlled substance such as invoice, cargo manifests, customs, transport and shipping documents shall contain the details such as name of the controlled substance, quantity and the name and address of the consignee, exporter and the importer and the documents shall be preserved for a period of two years.
- Filing of returns .—(1) Every person mentioned in clause 3 of this Order shall send a quarterly return by registered post in Form 4 or Form 5, as the case may be, to the concerned Deputy Director, Narcotics Control Bureau, whose address is given in the Form. The quarters for this purpose shall be January to March, April to June, July to September, and October to December. The retun shall be despatched before the last day of the month following the quarter.
(2) Schools, Colleges, Universities, Government or autonomous institutions, registered scientific societies and hospitals using the controlled substance for educational scientific and analytical purposes are only exempted from maintaining records as prescribed under clause 3 and sending returns as prescribed under this clause. But they shall comply with other provisions of this order.
(3) The persons who are to send quarterly returns under this clause shall intimate in Form 4 or Form 5, as the case may be, to the concerned [Zonal Director], Narcotics Control Bureau, whose address is given in the Form upto the 15th day of May, 1993 regarding the opening balance of stock of the controlled substance possessed by him as on the 15th day of April, 1993. The first regular returns shall be sent for the period from 15th April, 1993 to 30th June, 1993.
Form I
Register Of Manufacture Of Controlled Substances
(See clause 3)
Date :
Name of the Controlled Substance:
| Quantity in hand at the beginning of the day
|
Quantity of the substance manufactured
|
Details of quantity of the controlled substance sent out of the factory | ||
| Sl. No. | Quantity sent | To whom sent (Name and address of the person and location of the premises to be given) | ||
| 1 | 2 | 3 | 4 | 5 |
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||||
| Total quantity sent out of the factory | Quantity in hand at the close of the day | Handling losses, if any |
| 6 | 7 | 8 |
|
|
Note : - 1. The quantity shall be indicated in kilograms.
- This record shall be maintained on day-to-day basis and entries shall be made for each day the establishment opens for work irrespective of whether there are any transactions or not and entries shall be completed for each day before the close of the day and Incharge of the factory shall initial after the entries. The pages of the register shall contain running number.
- If more than controlled substance is dealt with, separate register shall be maintained for each of such substances.
Form 2
Register Of Consumption, Sale, Import Or Export Of Controlled Substance
(See clause 3)
Date :
Name of the Controlled Substance:
| Quantity in hand at the beginning of the day | Details of quantity of the substance received | |||
| Sl. No. | Quantity | From whom received (Name and address of the person to be given) | Consignment Note/Bill of Entry No. | |
| 1 | 2 | 3 | 4 | 5 |
| Details of quantity of the substance distributed/sold/exported/imported/consumed | Quantity in hand at the close of day | |||
| Sl. No. | Quantity | To whom sold/sent consumed (Name and address of the person and location of the premises to be given) | Consignment Note/Issue Slip No. | |
| 6 | 7 | 8 | 9 | 10 |
Note : - 1. The quantity shall be indicated in kilograms.
- This record shall be maintained on day-to-day basis and entries shall be made for each day the establishment opens for work irrespective of whether there are any transaction or not and entries shall be completed for each day before the close of the day and Incharge shall initial after the entries. The pages of the register shall contain running number.
- If more than one controlled substance is dealt with separate register shall be maintained for each of such substances.
- Strike out whatever is inapplicable.
Form 3
Consignment Note
(To Accompany a Consignment of a Controlled Substance)
(See clause 4)
| Serial No. | Date and time of despatch of the consignment | ||
| 1. Name and address of the consignor (manufacturer, dealer, distributor or importer) | : | ||
| 2. Name and address of the consignee (manufacturer, dealer, distributor or exporter) | : | ||
| 3. Central Excise Registration No. or Sales Tax Registration No. or Personal Account No. (Income-Tax or Registration No. under the Shops and Commercial Establishments Act or Registration No. given by the Department of Industry, if any, of the consignee : | |||
| 4. Description and quantity of the consignment :- | |||
| Particulars of Controlled Substance | No. of package | Quantity | |
| Gross Weight | Net Weight | ||
| 5. Mode of transport (Particulars of the transporter,registration number of the vehicle,R.R. if the Transport is by Railway or Goods Transport,if any). | |||
| Signature of the consignor with date | |||
| (Name in capital letters) | |||
| [5-A. The total number of temper-proof seals affixed on motorized tankers and each of their description]. | |||
| 6. Date and time of receipt by the consignee and his remarks | |||
| Signature of the consignee and his remarks | |||
Note : - 1. The Consignment Note should be serially numbered on annual basis.
- The consignor should record a certificate on the cover page of each book containing Consignment Notes indicating the number of pages contained in the consignment Note Book.
- The books containing consignment notes used or currently under use shall be produced to the authorised officer whenever called upon.
Form 4
Quarterly Return of Manufacture of Controlled Substance
(See clause 7)
Return for the quarter ending on..........................
- Name of the manufacturer :
- Address :
- Name of the controlled substance :
- Opening balance of the controlled substance at the beginning of the quarter :
- Details of manufacture and sale :
| Manufacture | Sale | ||||
| Date | Quantity | Date | To whom sold (Name and address of the person and location of the premises) | Consignment Note No. | Quantity |
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|
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| Total | |||||
- Closing balance at the end of the quarter.
Certified that the information given below is correct and the relevant records are available with me/us.
Signature : .........
Name : ........
Designation : ...........
Date : ......
Note : - 1. The quantity should be indicated in kilograms.
- For each controlled substance, separate return shall be sent.
[3. This return is to be sent to the concerned Zonal Directors, Narcotics Control Bureau whose address is given below :-
| Sl. No. | Area within which the office or establishment of the manufacturer, seller, distributor, importer or exporter falls | To whom quarterly return is to be sent |
| 1 | The Union Territory of Delhi, the National Capital Region and the State of Haryana | Zonal Director, Narcotics Control Bureau, Delhi Zonal Unit, Wing No.7, Second Floor, West Block-I, R. K. Puram, New Delhi -110066 |
| 2 | The State of Rajasthan excluding the areas of the State included in National Capital Region | Zonal Director, Narcotics Control Bureau, Plot No. 17, Rakhi Jojadar House, Lokoshed Road, Ratanada, Jodhpur-342011 |
| 3 | The States of Bihar, Uttaranchal and Uttar Pradesh excluding the areas included in National Capital Region | Zonal Director, Narcotics Control Bureau, B-912, Sector A, CID Colony, Near PAC Headquarters. Lucknow-16 |
| 4 | The States of West Bangal, Orissa, Jharkhand, Sikkim and UT of Andaman and Nicobar Islands | Zonal Director, Narcotics Control Bureau, Eastern Zonal Unit, 4/2 Karaya Road, 3rd Floor, Kolkata-700017 |
| 5 | The States of Maharasthra and Goa | Zonal Director, Narcotics Control Bureau, Mumbai Zonal Unit, Exchange Bldg. 3rd Floor, Sprott Road, Ballard Estate, Mumbai 400001 |
| 6 | The States of Karnataka, Kerala, Andhra Pradesh and Tamil Nadu and the UTs of Pondicherry and Lakshadweep | Zonal Director, Narcotics Control Bureau, Soutllern Zonal Unit, C-3A, Rajaji Bhawan, Basant Nagar, Chennai-630090 |
| 7 | The States of Punjab, Himachal Pradesh and the UT of Chandigarh | Zonal Director, Narcotics Control Bureau, House No. 80, Sector-2, Chandigarh-160011 |
| 8 | States of Jammu and Kashmir | Zonal Director, Narcotics Control Bureau, 11, New Rehari, Jammu |
| 9 | The States of Gujarat and UTs of Daman, Diu and Nagar Haveli | Zonal Director, Narcotics Control Bureau, 2nd and 3rd Floors, Drive-in-Cinema, Taltej Road, Ahmedabad-380054 |
| 10 | The States of Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizorarn, Nagaland and Tripura | Zonal Director, Narcotics Control Bureau, House No. 25, S. K. Baruah Road, Bye Lane No. 1(West), Dispur, Gowahati-06 |
| 11 | The States of Madhya Pradesh and Chattisgarh. | Zonal Director, Narcotics Control Bureau, Flat Nos. 109 & 110, Mahabir Kripa Avenue, Airport Raod, Kalani Nagar, Indore. |
]
Substituted by Notification No. G.S.R. 12 (E) dated 6.1.2009 (w.e.f. 24.3.1993)
| OLD LAW 6 |
Form 5
Quarterly Return Of Receipt, Import, Sale, Consumption Or Export Of Controlled Substance
(See clause 7)
| Return for the quarter ending on............... | |
| 1. Name of the seller, distributor, exporter, importer or consumer | : |
| 2. Address | : |
| 3. Name of the controlled substance | : |
| 4. Opening balance of the controlled substance at the beginning of the quarter | : |
| 5. Details of quantity received and sold, consumed or exported* | : |
| Receipt | |||
| Date | Received from whom (Name and address of the person) | Consignment Note No./Bill of Entry No. | Quantity received |
|
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||
| Total | |||
| Sale, consumption or export | |||
| Date received | To whom sent (Name and address of the person and location of the premises) | Consignment Note No./Bill of Entry No. | Quantity sent or consumed |
|
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|||
| Total | |||
- Closing balance at the end of the quarter
Certified that the information given above is correct and the relevant records are available with me/us.
Date: .............
Signature : .......
Name : ............
Designation : .....
Note : 1. The quantity should be indicated in kilograms.
- For each controlled substance, separate return shall be sent.
- *Strike out whichever is not applicable.
[4. This return is to be sent to the concerned Zonal Directors, Narcotics Control Bureau whose address is given below :-
| Sl. No. | Area within which the office or establishment of the manufacturer, seller, distributor, importer or exporter falls | To whom quarterly return is to be sent |
| 1 | The Union Territory of Delhi, the National Capital Region and the State of Haryana | Zonal Director, Narcotics Control Bureau, Delhi Zonal Unit, Wing No.7, Second Floor, West Block-I, R. K. Puram, New Delhi -110066 |
| 2 | The State of Rajasthan excluding the areas of the State included in National Capital Region | Zonal Director, Narcotics Control Bureau, Plot No. 17, Rakhi Jojadar House, Lokoshed Road, Ratanada, Jodhpur-342011 |
| 3 | The States of Bihar, Uttaranchal and Uttar Pradesh excluding the areas included in National Capital Region | Zonal Director, Narcotics Control Bureau, B-912, Sector A, CID Colony, Near PAC Headquarters. Lucknow-16 |
| 4 | The States of West Bangal, Orissa, Jharkhand, Sikkim and UT of Andaman and Nicobar Islands | Zonal Director, Narcotics Control Bureau, Eastern Zonal Unit, 4/2 Karaya Road, 3rd Floor, Kolkata-700017 |
| 5 | The States of Maharasthra and Goa | Zonal Director, Narcotics Control Bureau, Mumbai Zonal Unit, Exchange Bldg. 3rd Floor, Sprott Road, Ballard Estate, Mumbai 400001 |
| 6 | The States of Karnataka, Kerala, Andhra Pradesh and Tamil Nadu and the UTs of Pondicherry and Lakshadweep | Zonal Director, Narcotics Control Bureau, Soutllern Zonal Unit, C-3A, Rajaji Bhawan, Basant Nagar, Chennai-630090 |
| 7 | The States of Punjab, Himachal Pradesh and the UT of Chandigarh | Zonal Director, Narcotics Control Bureau, House No. 80, Sector-2, Chandigarh-160011 |
| 8 | States of Jammu and Kashmir | Zonal Director, Narcotics Control Bureau, 11, New Rehari, Jammu |
| 9 | The States of Gujarat and UTs of Daman, Diu and Nagar Haveli | Zonal Director, Narcotics Control Bureau, 2nd and 3rd Floors, Drive-in-Cinema, Taltej Road, Ahmedabad-380054 |
| 10 | The States of Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizorarn, Nagaland and Tripura | Zonal Director, Narcotics Control Bureau, House No. 25, S. K. Baruah Road, Bye Lane No. 1(West), Dispur, Gowahati-06 |
| 11 | The States of Madhya Pradesh and Chattisgarh. | Zonal Director, Narcotics Control Bureau, Flat Nos. 109 & 110, Mahabir Kripa Avenue, Airport Raod, Kalani Nagar, Indore. |
]
Substituted by Notification No. G.S.R. 12 (E) dated 6.1.2009 (w.e.f. 24.3.1993)
| OLD LAW 6 |
[Form 6]
Quarterly Report On Transport Of Controlled Substance To A Consignee Outside The Zone Of A Consignor
(See sub-clause (9) of clause 3)
Return for the quarter ending on .......................
- Name of the Consignor
- Address
- Name of the controlled substance
- Details of the consignments sent to the area of jurisdiction of the Zonal Director, Narcotics Control Bureau to whom the report is sent :
| Sl. No. | Dated on which sent | Quantity | To whom sent (indicate name and address) | Consignment Note No. | Mode of transportation |
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Signature :
Name :
Designation :
Note : 1. The quantity should be indicated in kilograms.
- For each controlled substance a separate return shall be sent.