The Narcotics Control Act 1990

The Narcotics Control Act 1990:
The Narcotics Control Act, 1990 was passed in 1990 by repealing all previous laws for control of narcotics, treatment and rehabilitation of drug addicts. The government has enacted the Narcotics Control Act, 1990 as amended in 2000, 2002 and 2004 in order to update the law.
Features of the Narcotics Control Act, 1990:
The Narcotics Control Act, 1990 (as amended in 2000, 2002 and 2004) has got the following salient features reflecting the growing needs for effective encounter against drug smuggling on the one hand and corroborating on the other the international efforts to contain this problem.
1. The Narcotics Control Act. 1990 came into force on 2nd January, 1990.
2. It is a special law having predominance over other laws in respect of its ambit and jurisdiction on drugs and drug related issues.
3. Interception of illicit drug trafficking through law enforcement, control of narcotic drugs and psychotropic substances used in medical, industrial and scientific purposes coupled with treatment and rehabilitation of the drug addicts underlie the propriety of this law.
4. It provides legal coverage for establishment of the Department of Narcotics Control (DNC) as the Nodal Agency of the government to fulfill the objectives of the law in question. It also provides the legal basis for formation of the National Narcotics Control Board (NNCB) as the highest policy-making body of the government for formulating necessary policies and strategies to combat drag problem in the country.
5. The Narcotics Control Act. 1990 empowers not only the Department of Narcotics Control but also the other agencies of the government like the Police, the BDR (the border security force), the Customs and the Coastguard for drug enforcement activities.
6. Further the law provides for mutual cooperation among the different law enforcement agencies as and when required for conduct of search, seizure and arrests.
7. The law introduces an effective licensing system for controlling import, export, manufacturing, processing, distribution, sale, transport, possession and use of licit narcotic drugs, psychotropic substances and precursor chemicals. The Narcotics Control Rules, 1999 is the legal instrument for carrying out the licensing provisions enshrined in the law.
8. This law prescribes deterrent punishment for various categories of drug offences as well as for breach of the conditions of the licenses issued under the law.
9.The law prescribes the highest penalty of death sentence for the offenders accused of possessing either heroin or cocaine or cocaine derivatives exceeding the quantity of 25 grams. Similarly the illegal possession of pethidine or morphine or possession of tetra-hydro-canabinal exceeding the quantity of 10 grams renders the offender or offenders concerned liable to death sentence or life-long imprisonment. Death sentence has also been prescribed for certain other drug offences of serious nature (Section 19 of the law).
10.The law takes the wisdom of the three major UN Conventions and the SAARC Convention on narcotic drugs and psychotropic substances particularly in regard to forfeiture of sale proceeds of illegal drug business, freezing of bank accounts and properties, sending of juvenile offenders to the correction centre in lieu of imprisonment, inclusion of the controlled delivery technique, compulsory maintenance of accounts of licit drugs by the license holders, incorporation of the 22 precursor chemicals and so on.
11.The law provides the legal basis for the Chemical Laboratory of the Department of Narcotics Control and its proper functioning in respect of forensic analysis of all seized drugs and suspicious substances. This lab, established in Dhaka, caters to the needs of all the agencies charged with the responsibilities of drug enforcement and thereby it plays an important role in quick disposal of drug cases under trial.
12.The amendment of 2000 to the law brings about the government first foray into the control of precursor chemicals from drug control point of view.
13.An amendment of 2002 has introduced the minimum time limit of 15 days for completion of investigation of drug cases filed under this law.
14.Another amendment in 2004 redefines alcohol by reducing the lowest limit of alcoholic strength from 5% to only 0.5%. Any liquid preparation containing more than 0.5% alcohol shall fall within the purview of the law. This amendment is intended for safeguarding our young generations from the clutches of the so called energy (alcoholic) drinks and their bad impacts.
15.The law has got 61 Sections in all. It has got two Schedules of which the first schedule lists the narcotic drugs and psychotropic substances including the 22 precursor chemicals. The second schedule on the other hand lays down the rates of excise duties to be imposed on the domestically produced liquor and alcoholic spirit.
16.The law is a unique combination of legal provisions comprising violation sections, penal sections, hybrid sections (prescribing violation and punishment together), modus operandi sections and administrative sections.
17.Adorned with the foregoing features, the Narcotics Control Act. 1990 (as amended in 2000, 2002 and 2004) stands to be adequate and enabling enough to meet the challenge of the time.



Establishment of the National Intoxicants Control Board:
The Board shall consist of the following members, namely:-
• (a) one Chairman nominated by the Government;
(b) the minister in charge of the Ministry or Department of External Affairs;
(c) the minister in charge of the Ministry or Department of Internal Affairs;
(d) the minister in charge of the Ministry or Department of Health;
(e) the minister in charge of the Ministry or Department of Education;
(f) the minister in charge of the Ministry or Department of Information;
(g) the minister in charge of the Ministry or Department of Public Welfare and Women;
(h) the minister in charge of the Ministry or Department of Finance; (i) the minister in charge of the Ministry or Department of Planning;
(j) the minister in charge of the Ministry or Department of Local Government;
(k) the minister in charge of the Ministry or Department of Religion;
(l) the minister in charge of the Ministry or Department of Youth and Sports;
(m) secretary, Law Ministry;
(n) a reputed servant of society nominated by the Government;
(o) a reputed humanitarian nominated by the Government;
(p) a reputed intellectual nominated by the Government;
(q) a reputed journalist nominated by the Government;
(r) a reputed doctor or psychologist nominated by the Government;
(s) the supervisor who shall also be the secretary of the Board.
Intoxicants of the category A
1) Opium Poppy or sticky substances derived thereof.
2) Any refined, unrefined or prepared opium or any substance prepared with the help of opium.
3) Opium derivatives like Morphine, Codeine, Thebeine, Noscapine, Narcotine, Papavarine etc. and their salts.
4) Any substance containing more than 0, 2 percent Morphine.
5) Any intoxicant having the properties of Opium and fabricated with unnatural means like Pethidine, Meperdine, Methadone, Dextromoramide, Dihydrocodeine, Meperdine Fentanyl, Pentazocaine, Hydromorphine, Omnopone, Alphaprodine, Demeral, Oxycodone, Etrophine, Lofentanyl, Alfentanyl, Alphamethyl Fentanyl, 3-Methyl Fentanyl, Asscetrophine, Acetylmethadol, Alphacetyl-methadol, Betaprodine etc. .
6) Cocaine, or all Cocaine derivatives.
7) Any substance or any Cocaine salt containing more than 0, 1 percent Cocaine.
8) Tetrahydrocanbinal in whatever form, Cannabis resin, Charas, Hashish etc. .
9) Acetic anhydride, or any other ingredient indispensable in the production of Heroine, Morphine or Cocaine (if the acetic anhydride is found together with Heroine, Morphine or Cocaine).
10) Mescaline.
Intoxicants of the category B
1) Hemp plant, Herbal Cannabis, Bhang, Bhang plant or any substance prepared with the help of Hemp or Bhang.
2) 2) Any other plant ( except tobacco ) which can be used as an intoxicant.
3) 3) Alcohol, any kind of alcoholic liquor, rectified spirit, any medicine or liquor prepared with the help of rectified spirit, Beer, or any liquor with more than 5 % alcohol.
4) LSD, or any substance containing LSD.
5) Barbiturates or similiar substances.
6) Amphetamine, Methyl amphetamine or anything that contains Amphetamine.
7) Phencyclidine, Psilocybin, Nicocodine or anything that contains such substances.
8) Methaqualone or anything that contains Methaqualone.
Intoxicants of the category C
1) Toddy, Panjui etc. .
2) Denatured spirit or methylated spirit.
3) Chlordiazepoxied, Diazepam, Oxazepam, Lorazepam, Flurazepam, Clorozepate, Nitrazepam, Triazolam, Temazepam etc. .
4) Any sedative, tranquilizer or hypnotic medicine not mentioned under category B.
5) Any stimulant or depressive medicine not mentioned under category A or B.
9.Restriction on the production etc. of intoxicants except alcohol.
(1) It shall be interdicted to cultivate, produce, refine, carry, transport, import, export, supply, buy, sell, keep, preserve, store, exhibit or use any intoxicant except alcohol.
(2) It shall be interdicted to cultivate, produce, refine, carry, transport, import, export, supply, buy, sell, keep, preserve, store, exhibit or use any plant or substance serviceable in the production of intoxicants.
(3) Notwithstanding anything contained in subsection (1) and (2), where intoxicants, plants or substances referred to in the said two subsections are necessary for the production of any medicament approved under any Act, or for the carrying out of any scientific investigation, they may be-
a) produced, refined, imported, exported, supplied, bought, sold, carried, transported, stored and exhibited on the strenght of a licence granted under this Act;
b) used on the strength of a permit granted under this Act;
c) Carried or transported on the strength of a pass granted under this Act.
10. Provisions on the production etc. of alcohol.-
1) No person except a holder of a licence granted under this Act may
a) establish a distillary or brewery.
b) produce, refine, carry, transport, import, export, supply, buy, sell, keep, conserve, store, exhibit or use alcohol.
c) use alcohol as raw material in the production of medicine
2) No person except a holder of a permit granted under this Act may consume any alcohol; further shall no muslim be granted a permit to consume alcohol except that he can provide a qualifying certificate written by at least a civil surgeon or an assistant professor of the medicine depapartment of a medical college for medical reasons.
3) The qualifying certificate granted under subsection (1) shall contain the designation of the illness which necessitates the use of alcohol for its cure, as well as an attestation of the physician regarding the aforementioned necessity.
4) Notwithstanding anything contained in this Act, foreign citizens are allowed to consume alcohol in bars holding a licence.
5) The provisions of this section regarding the import, export, purchase, carrying, preservation or consumation of alcohol shall not apply to foreign citizens bearing a diplomatic passport, persons bearing a passbook granted by a custom officer, or persons which have been admitted in accordance with to the regular baggage rules.
11. Granting of licences etc
(1) A licence, permit or pass under this Act shall be granted, in the ways, forms, under the conditions and against the fees prescribed by law, by the Chief-Director or an officer authorized by him in this behalf.
(2) Any licence, permit or pass granted under subsection (1) shall be valid according to the term determined therein or from the date of its conferment untill the end of the current half-year.
Provided that, the provisions of this Act or the conditions of the licence not having been violated, the licence to run a laboratory, distillary or brewery may be renewed annually in exchange for fee.
12. Restrictions on the granting of licenses etc.
01. Notwithstanding anything contained in this Act, no person shall be considered qualified for receiving a licence or permit under this Act, if
a) he has been convicted for a criminal offence involving moral turpitude and sentenced to imprisonment for a period of no less than three month and not been released within the last three years, or to a fine of no less than five hundred Takas and since the recovery of the fine three years have not yet passed;
b) he has been sentenced by a court for an offence under this Act.
c) he has violated the conditions of a licence or permit under this Act and the licence or permit referred to has, therefore, been declared invalid.
(2)Whoever cultivates intoxicants of the category A shall be punishable with imprisonment for a term which may extend from two to fifteen years and shall also be liable to fine.
(3) Whoever cultivates intoxicants of the categories A and B shall be punishable with imprisonment for a term which may extend from two to ten years and shall also be liable to fine.
(4) Whoever is guilty of an offence listed in the table of subsection (1) except serial number 11 shall be liable to fine in addition to the punishment provided for in that list.
(5) Whoever, after being convicted for an offence mentioned in this section and serving the sentence, again commits an offence under this section shall, not having been sentenced to death or lifelong imprisonment, be sentenced to twice the maximum punishment assigned to that offence.
2. Rules and Regulations for controlling poisons
Power of the State Government to regulate possession for sale and sale of any poison.
1) The State Government may by rule regulate within the whole or any part of the territories under its administration the possession for sale and the sale, whether wholesale or retail, of any specified poison.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) The grant of licences to possess any specified poison for sale, wholesale or retail and fixing of the fee (if any) to be charged for such licences;

(b) The classes of persons to whom alone such licences may be granted;

(c) The classes of persons to whom alone any such poison may be sold;

(d) The maximum quantity of any such poison, which may be sold to any one person;

(e) The maintenance by vendors of any such poison of registers of sales, the particulars to be entered in such registers, and the inspection of the same;

(f) The safe custody of such poisons and the labelling of the vessels, packages or coverings in which any such poison is sold possession for sale; and

(g) The inspection and examination of any such poison when possessed for sale by any such vendor.
Penalty for unlawful importation, etc
• Whoever-

(a) Commits a breach of any rule made under Section 2, or

(b) Imports without a licence into India across customs frontier defined by the Central Government any poison the importation of which is for the time being restricted under Section 3, or

(c) Breaks any condition of licence for the importation of any poison granted to him under Section 3,

Shall be punishable, -
• (i) On a first conviction, with imprisonment for a term which may, extend to three months, or with fine which may extend to five hundred rupees or with both, and

(ii) On a second or subsequent conviction, with imprisonment for a term, which may extend to six months, or with fine, which may extend to one thousand, rupees, or with both.