Narcotic Drugs Control Act 2033

Narcotic Drugs (Control) Act, 2033 (1976)

Date of Authentication and Publication

• Date of authentication: 2033/6/10 (September 22, 1976)
• Act No. 24 of the year 2033 (1976)

Amendments

• 1. Narcotic Drugs (Control) (First Amendment) Act, 2043
• 2. Narcotic Drugs (Control) (Second Amendment) Act, 2044
• 3. Some Nepal Acts Amendment Act, 2048
• 4. Narcotic Drugs (Control) (Fourth Amendment) Act, 2049
• 5. Some Nepal Acts Amendment Act, 2055

Preliminary

• Short title: Narcotic Drugs (Control) Act, 2033 (1976)
• Extent: throughout Nepal
• Commencement: immediate
• Extra-territorial application: applies to Nepalese citizens or foreigners who commit acts of export or import of narcotic drugs from or into Nepal

Definitions

• Narcotic drug: includes cannabis, medicinal cannabis, opium, processed opium, medicinal opium, plants and leaves of coca, and any other substances specified by the Government of Nepal
• Cannabis/marijuana: includes any plant of the cannabis/marijuana genus, natural resin, gum, and sap obtained from hashish and cannabis/marijuana plants, and any substance containing any of the extract, substance, essence, mixture, and beverage
• Medicinal cannabis/marijuana: extract or essence of cannabis/marijuana
• Opium: coagulated juice of the opium poppy
• Processed opium: opium prepared for consumption
• Medicinal opium: opium prepared for medicinal purposes
• Plants and leaves of coca: plants and leaves of the erythroxylon genus
• Preparation: solid or liquid mixture of one or more narcotic drugs
• Production: extraction of cannabis/marijuana, hemp, Siddha, or Hashish (chares) from the cannabis/marijuana plant or the separation of leaves from coca plants
• Manufacture: all forms of extraction of narcotic drugs, processing, transformation, and preparation of narcotic drugs
• Controlled delivery: technique of allowing traffic of narcotic drugs to identify the final destination and the recipient person involved in the illicit traffic
• Investigating authority: personnel designated by the Chief of Narcotic Drugs Control Law Enforcement Agency
• Treatment centre: centre approved by the Government of Nepal for the treatment and rehabilitation of narcotic drug addicts
• Addiction: act of consumption of narcotic drugs in excess of the prescribed dosage or without prescription

Prohibition and Control

• Prohibited acts: cultivation, production, preparation, purchase, sale, distribution, export, import, storage, possession, and consumption of narcotic drugs
• Exception: Government of Nepal may frame rules for the production of hashish (chares) from wild cannabis/marijuana plants and the collection, storage, sale, and purchase of such hashish (chares) for a specified period
• Chemical substances: may be exported, imported, stored, and used only in the quantity prescribed by the Chief Narcotic Drugs Control Officer

Non-applicability of Prohibitions

• Consumption of narcotic drugs by persons falling under certain categories, such as medical practitioners, in the recommended dosage
• Consumption of narcotic drugs by persons belonging to prescribed categories in prescribed doses

Responsibility of Medical Practitioners

• Medical practitioners shall not prescribe narcotic drugs to those who do not need it or prescribe more than what is required
• Medical practitioners shall maintain a record of the sale of narcotic drugs on the prescription paper### Onus of Proof
• If a person is found in possession of narcotic drugs, they must furnish proof that they obtained or possessed the substance legally under this Act or the Rules.
• If they fail to do so, they will be deemed to have committed an offence punishable under this Act.

Penalties

• Penalties for consuming cannabis/marijuana:
  • Up to 1 month imprisonment or a fine of up to NPR 2,000
• Penalties for cultivating cannabis/marijuana:
  • Up to 3 months imprisonment or a fine of up to NPR 3,000 for cultivating up to 25 plants
  • 3 years imprisonment or a fine of NPR 5,000 to 25,000 for cultivating more than 25 plants
• Penalties for producing, preparing, purchasing, selling, distributing, exporting, or importing cannabis/marijuana:
  • Up to 3 months imprisonment or a fine of up to NPR 3,000 for up to 50 grams
  • 1 month to 1 year imprisonment and a fine of NPR 1,000 to 5,000 for 50 grams to 500 grams
  • 6 months to 2 years imprisonment and a fine of NPR 2,000 to 10,000 for 500 grams to 2 kilograms
  • 1 year to 3 years imprisonment and a fine of NPR 5,000 to 25,000 for 2 kilograms to 10 kilograms
  • 2 years to 10 years imprisonment and a fine of NPR 15,000 to 100,000 for 10 kilograms or more
• Penalties for consuming opium, coca, or other narcotic drugs:
  • Up to 1 year imprisonment or a fine of up to NPR 10,000
• Penalties for cultivating opium poppy or coca bush:
  • 1 year to 3 years imprisonment or a fine of NPR 5,000 to 25,000 for cultivating up to 25 plants
  • 3 years to 10 years imprisonment and a fine of NPR 25,000 to 200,000 for cultivating more than 25 plants
• Penalties for other prohibited acts:
  • 5 years to 10 years imprisonment and a fine of NPR 5,000 to 25,000 for transactions up to 25 grams
  • 10 years to 15 years imprisonment and a fine of NPR 70,000 to 200,000 for transactions from 25 grams to 100 grams
  • 15 years to life imprisonment and a fine of NPR 500,000 to 2,500,000 for transactions of more than 100 grams

Punishment for Permitted Acts

• Punishment for permitting prohibited acts in one's building, land, or vehicle:
  • 6 months to 5 years imprisonment or a fine of up to NPR 10,000
• Punishment for repeated offences:
  • Additional imprisonment of up to 5 years and a fine of up to NPR 100,000 for each subsequent offence

Conspiracy, Attempt, Abetment, and Accomplice

• Punishment for conspiring, attempting, abetting, or being an accomplice in an offence:
  • Half of the punishment due to the actual offender

Confiscation of Materials Connected with the Offence

• All narcotic drugs connected with an offence punishable under this Act shall be confiscated
• All materials and equipment used in the manufacture or production of such narcotic drugs shall be confiscated
• Any vehicle used for the transportation of such narcotic drugs, other than railway trains and aeroplanes, shall also be confiscated

Property to be Confiscated

• All movable or immovable property earned from doing any act in contravention of Clauses (b), (c), (d), (e), and (f) of Section 4 shall be confiscated

Informer's Reward

• The informer shall be provided 20% of the amount of fine as a reward for informing the Narcotic Drugs Control Officer of the transaction or use of narcotic drugs### Provision in Relation to Extension of Time
• The judicial authority can grant an extension of time up to three months, but not exceeding one month at a time, for keeping persons in police custody who have been arrested in connection with the investigation of narcotic drugs.

Provision Regarding Cases Filed Before the Commencement of this Act

• Cases related to narcotic drugs that are already filed or to be filed under any Nepal law existing before the commencement of this Act will be disposed of by the same authority as empowered to hear such cases under those laws.

Prevailing Law is to be Applicable

• The production, sale, and distribution, export-import, store, and consumption of medicines made in pharmaceutical forms (such as tablets, capsules, injections) of the name and quantum as prescribed in the Pharmacopia regarding natural or synthetic narcotic or psychotropic substances and their salt will be governed by the Medicine Act, 2035.
• The production, sale, and distribution, export-import, store, and consumption of the raw materials (raw or chemicalized) of the narcotic or psychotropic substances will be governed by this Act.

Power to Frame Rules or Issue Orders

• The Government of Nepal may frame rules or issue orders to carry out the objectives of this Act.

Repeal

• The Intoxicating Substance Act, 2017 (1961) and the Intoxicating Substance Rules, 2019 (1962) are repealed.

Cases to be Transferred

• Cases relating to the offence under Clause (a) of Section 4 that have been filed in any court and are under proceeding before the commencement of this Act will be transferred to the district court.
• Other cases under this Act will be transferred to the court under Sub-section (1) of Section 21A.