Tramadol Notified as Psychotropic Substances under Narcotic Drugs Law

F. No. S/12-Gen-07/2018-19 AM(X)

Date: 08.05.2018

PUBLIC NOTICE NO. 73/2018

SUB: “Tramadol” Notified as Psychotropic Substances specified in the Schedule to the Narcotic Drugs and Psychotropic Substances Act, 1985 – reg.

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Attention of the exporters/ importers, custom brokers and all concerned is invited to the Notification S.O. 1761(E), dated 26.04.2018 issued by the Ministry of Finance (Department of Revenue) on the above subject. (Copy enclosed)

2. Vide the said Notification dated 26.04.2018, the Central Government has made the following further amendments in the list of psychotropic substances specified in the Schedule to the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter NDPS Act), namely: –

“In the said Act, in the Schedule, after serial number 110 X and the entries relating thereto, the following serial number and entries shall be inserted, namely: –

3. It is pertinent to mention that the Section 8 of the NDPS Act (as amended) reads as under:

“8. Prohibition of certain operations. -No person shall

(a) cultivate any coca plant or gather any portion of coca plant; or

(b) cultivate the opium poppy or any cannabis plant; or

(c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-State, export inter-State, import into India, export from India or tranship any narcotic drug or psychotropic substance,

except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of licence, permit or authorization also in accordance with the terms and conditions of such licence, permit or authorization:”

Further, the Section 9 of the NDPS Act provides:

“9. Power of Central Government to permit, control and regulate. -(1) Subject to the provisions of section 8, the Central Government may, by rules-

(a) permit and regulate-

(i) the cultivation, or gathering of any portion (such cultivation or gathering being only on account of the Central Government) of coca plant, or the production, possession, sale, purchase, transport, import inter-State, export inter-State, use or consumption of coca leaves;

(ii) the cultivation (such cultivation being only on account of Central Government) of the opium poppy;

(iii) the production and manufacture of opium and production of poppy straw; (iiia) the possession, transport, import inter-State, export inter-State, warehousing, sale, purchase, consumption and use of poppy straw produced from plants from which no juice has been extracted through lancing

(iv) the sale of opium and opium derivatives from the Central Government factories for export from India or sale to State Government or to manufacturing chemists;

(v) the manufacture of manufactured drugs (other, than prepared opium) but not including manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess;

(va) the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs: Provided that where, in respect of an essential narcotic drug, the State Government has granted licence or permit under the provisions of section 10 prior to the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014, such licence or permit shall continue to be valid till the date of its expiry or for a period of twelve months from such commencement, whichever is earlier

(vi) the manufacture, possession, transport import inter-State, export interState, sale, purchase, consumption or use of psychotropic substances;

(vii) the import into India and export from India and transhipment of narcotic drugs and psychotropic substances;

(b) prescribe any other matter requisite to render effective the control of the Central Government over any of the matters specified in clause (a).”

4. Action to be taken in terms of decisions taken in this Public Notice should be considered as standing order for the purpose of officers and staff.

5. Difficulty, if any may also be brought to the notice of Deputy/ Assistant Commissioner in charge of Appraising Main (Export) through email/ phone (email address: apmainexp@jawaharcustoms.gov.in, Phone No : 022-27244959).

Sd/-

Manas Ranjan Mohanti

NS-IV, JNCH

(By email only):

1. The Chief Commissioner of Customs, Mumbai Zone- II.

2. All the Commissioner of Customs, Mumbai Zone- II.

3. All Addl./Joint Commissioners of Customs, Mumbai Zone- II.

4. All Deputy/Asstt. Commissioners of Customs, Mumbai Zone- II.

5. The DC/EDI for uploading on the JNCH website.

6. BCBA/FIEO for circulation among their members, trade and industry.

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

NOTIFICATION

New Delhi, the 26th April, 2018

S. O. 1761(E).—Whereas the Central Government is satisfied, on the basis of information and evidence which has become available to it, with respect to the nature and effect of and the scope for abuse of the following substance (natural or synthetic) or natural material or any salt or preparation of such substances or materials, and the modification with respect to such substances, and that it is necessary to add the following substance or natural material or salts or preparation of such substance or material in the list of psychotropic substances specified in the Schedule to the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) (hereinafter referred to as the said Act):

Now, therefore, in exercise of the powers conferred by section 3 of the said Act, the Central Government hereby makes the following further amendments in the list of psychotropic substances specified in the Schedule to the said Act, namely: –

In the said Act, in the Schedule, after serial number 110 X and the entries relating thereto, the following serial number and entries shall be inserted, namely: –

[F. No. N-11012/3/2017-NC. II]

VIJAY KUMAR BALYAN, Under Secy.

Note: The Schedule to the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) was first amended videnumber S.O. 785(E) dated 26^th October, 1992 and subsequently amended vide numbers S.O. 49(E), dated the 8^th January, 1993, S.O. 39(E), dated the 12^th January, 1996, S.O. 475(E), dated the 11^th June, 2003, G.S.R. 621(E), dated the 1st August, 2003, G.S.R. 1(E), dated the 2nd January, 2004, S. 0. 311 (E), dated the 10^th February, 2011, S. 0. 376 (E), dated the 5^th February, 2015, S. 0. No. 2374 (E), dated the 12^th July, 2016, S.O. No. 1383 (E), dated the 2″ May, 2017 and S.O. No. 821(E), dated the 27^th February, 2018.