NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (SEIZURE, STORAGE, SAMPLING AND DISPOSAL) RULES, 2022
(Notification G.S.R. 899(E) dated 23rd December 2022)
CHAPTER I: PRELIMINARY
1. Short title and commencement.
(1) These rules may be called the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.
(1) In these rules, unless the context otherwise requires,—
(a) “Act” means the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985);
(b) “container” means a portable receptacle in which narcotic drugs, psychotropic substances and controlled substances are placed for convenience of movement;
(c) “Form” means the forms appended to these rules;
(d) “Magistrate” means the judicial magistrate;
(e) “package” means the narcotic drugs, psychotropic substances and controlled substances covered in paper or in a box.
CHAPTER II: SEIZURE AND STORAGE OF SEIZED MATERIAL
3. Classification of seized material.
(1) The narcotic drugs, psychotropic substances and controlled substances seized under the Act shall be classified based on physical properties and results of the drug detection kit, if any, and shall be weighed separately.
(2) If the narcotic drugs, psychotropic substances and controlled substances are found in packages or containers, such packages and containers shall be weighed separately and serially numbered for the purpose of identification.
(3) All narcotic drugs, psychotropic substances and controlled substances found in loose form shall be packed in tamper proof bag or in container, which shall be serially numbered and weighed and the particular of drugs and the date of seizure shall also be mentioned on such bag or container:
Provided that bulk quantities of ganja, poppy straw may be packed in gunny bags and sealed in such way that it cannot be tempered with.
(4) The classification, weighing, packaging and numbering referred to in this sub-rule shall be done in the presence of search witnesses (Panchas) and the person from whose possession the drugs and substances was recovered and a mention to this effect shall invariably be made in the panchnama drawn on the spot of seizure.
(5) The detailed inventory of the packages, containers, conveyances and other seized articles shall be prepared and attached to the panchnama.
4. Designation of godowns.
(1) The godowns for storage of narcotic drugs, psychotropic substances, controlled substances, conveyance and other articles seized under the Act shall be designated by—
(a) the department and agencies of the Central Government whose officers have been delegated powers of an officer-in-charge of a police station under section 53 of the Act;
(b) The State Police and the department and agencies of the State Government whose officers have been delegated powers of an officer-in-charge of a police station under section 53 of the Act.
(2) Godowns referred to in sub-rule (1) shall be identified taking into consideration the security aspect and juxtaposition to court of law…
5. Deposit in godowns.
(1) All seized materials… shall be deposited by the seizing officer in the nearest godown designated under rule 4 within forty-eight hours from the time of seizure alongwith a forwarding memorandum in Form-1.
(2) The officer in-charge of a godown, before giving an acknowledgement of receipt in Form-2, shall satisfy himself that the seized materials are properly packed, sealed and in conformity with the details mentioned in Form-1.
6. Storage of seized material in godown.
(1) After receipt of the seized material, the officer in-charge of the godown shall ensure that the seized material is properly arranged, case-wise, for quick retrieval.
(2) The officer in-charge of a godown shall maintain a register of material received in the godown in Form-3.
(3) All seized material, excluding the conveyances, shall be stored in safes and vaults with double lock.
CHAPTER III: SAMPLING
8. Application to Magistrate.
After the seized material under the Act is forwarded to the officer-in-charge of the nearest police station… he shall prepare an inventory of such material in Form-4 and apply to the Magistrate, at the earliest, under sub-section (2) of section 52A of the Act in Form-5.
9. Samples to be drawn in the presence of Magistrate.
After application to the Magistrate… the Investigating Officer shall ensure that samples of the seized material are drawn in the presence of the Magistrate and the same is certified by the magistrate…
10. Drawing the samples.
(1) One sample, in duplicate, shall be drawn from each package and container seized.
(2) When the packages… are of identical size and weight… the packages and containers may carefully be bunched in lots of not more than ten packages or containers…
Provided that in the case of ganja, poppy straw and hashish (charas) it may be bunched in lots of not more than forty packages or containers.
(3) In case of drawing sample from a particular lot, it shall be ensured that representative sample in equal quantity is taken from each package or container of that lot and mixed together to make a composite whole…
11. Quantity to be drawn for sampling.
(1) Except in cases of opium, ganja and charas (hashish), where a quantity of not less than twenty-four grams shall be drawn for each sample, in all other cases not less than five grams shall be drawn for each sample and the same quantity shall be taken for the duplicate sample.
(2) The seized substances… shall be well mixed to make it homogeneous and representative before the sample, in duplicate, is drawn.
13. Despatch of sample for testing.
(1) The samples after being certified by the Magistrate shall be sent directly to any one of the jurisdictional laboratories… for chemical analysis without any delay.
(2) The samples… shall be despatched… under the cover of the Test Memo, which shall be prepared in triplicate, in Form-6.
14. Expeditious Test.
The chemical laboratory shall submit its report to the court of Magistrate with a copy to the investigating officer within fifteen days from the date of receipt of the sample.
CHAPTER IV: DISPOSAL
16. Items that can be disposed of.
Having regard to the hazardous nature, vulnerability to theft… all narcotic drugs, psychotropic substances, controlled substances and conveyances, as soon as may be after their seizure, shall be disposed of in the manner determined under section 52A of the Act.
19. Drug Disposal Committee.
The Head of the Department… shall constitute one or more Drug Disposal Committees comprising of three Members each which shall be headed by an officer not below the rank of the Superintendent of Police…
22. Power of Drug Disposal Committee for disposal.
The Drug Disposal Committee can order disposal of seized materials up to the quantity or value indicated in the following Table:
- Heroin: 5 Kg
- Hashish (Charas): 100 Kg
- Ganja: 1000 Kg
- Cocaine: 2 Kg
- Mandrax: 3000 Kg
- Conveyances: Up to value of Rs. 50 Lakhs.
23. Mode of disposal.
(1) Opium, morphine, codeine and thebaine shall be disposed of by transferring to the Government Opium and Alkaloid Works…
(5)(e) Seized conveyances shall be sold by way of tender or auction…
(6) Narcotic drugs… which have no legitimate medical or industrial use… shall be destroyed.
(7) The destruction… shall be by incineration in incinerators fitted with appropriate air pollution control devices…
29. Repeal and savings.
(1) The Standing Order No. 1/88, Standing Order No. 2/88… and notification G.S.R. 38(E) dated 16th January, 2015 are hereby repealed.