Executive Instructions Relating to Dangerous Drugs
Last Updated 7th February, 2020 [man024]
1. Licenses. - Licenses for dealers are to be issued in the Form D. D. 1 and for chemists in Form D. D. 2 and are to be for one year terminating on the 31st March. If a licence is lost a duplicate copy may be issued on payment of a fee of rupee one.
2. Orders under Rule 23 for an approved practitioner to possess dangerous medicinal drugs are to be in Form D. D. 5.
3. A register is to be kept by every officer who is authorised to grant licences, passes and orders.
4. All licences and order are to be returned at the end of the year on the expiration of their term, or on their cancellation or surrender and are to be pasted to their counterfoils. No new licence or order is to be granted to a previous holder until he has returned his time-expired, cancelled or abandoned licence or order, as the case may be, to the Collector, or satisfied the Collector that he is unable to do so. If the holder of a license or order does not surrender his expired licence or order, special precautions should be taken to prevent the sale or possession of opium or dangerous medicinal drugs under cover of the said licence or order.
5. Raw opium and ganja may be exported to the State of Manipur and the Khasi States : Provided that the consignment is covered by a pass from the Political Agent of Manipur or the Political Officer of the Khasi States, as the case may be.
6. Dangerous medicinal drugs may be conveyed through Assam between any part of India other than Assam and the State of Manipur and the Khasi States : Provided that the consignment is covered by a pass obtained from the Political Agent of Manipur or the Political Officer of the Khasi States, as the case may be.
7. Dangerous medicinal drugs and all other articles seized under the Dangerous Drugs Act will be kept in the custody of the police pending orders of the magistrate, or of the collector failing orders of the magistrate. Confiscated drugs will be disposed of generally in accordance with the rules under the Excise and Opium Acts. Confiscated cocaine not found fit for use may be allowed to accumulate and sent to the Custom House Laboratory, Calcutta, in one lot after the close of the financial year. If however as a result of large seizures the total quantity reaches one pound or more at any time in a year it may be sent at once. But if it is found inconvenient to accumulate quantities of less than half an ounce they should be destroyed by gazetted officer with the previous sanction of the Collector.
8. The instructions relating to the reporting of opium cases should be applied to all cases under Dangerous Drugs Act, the same forms being used.
9. Inspections. - Records of receipts, sales and balances maintained by the licensed chemists and dealers will ordinarily be inspected once a year, by the Collector or by the Civil Surgeon or Sub-divisional Medical Officer, or if necessary by an Inspector or Sub-Inspector of Excise deputed by the Collector.
10. The accounts and balances of approved practitioners should be inspected whenever it appears that unusually large quantities of dangerous medicinal drugs are being used by an approved practitioner. They should also be inspected at any other time when it appears desirable.
11. Rewards. - Rewards are to be drawn on regular contingent bills and debited to the district grant.
12. The Collector may grant a reward not exceeding Rs. 50 where no proceedings have been instituted against the offender to any person who may give information leading to the detection or prevention of offences under the Dangerous Drugs Rules and law. The Excise Commissioner in similar circumstances may grant a reward not exceeding Rs. 200.
13. In cases of prosecution for offences against the Dangerous Drugs Act whether ending in conviction or not, the District Officer or Excise Commissioner may grant rewards to persons instrumental in the detection of the offence. The District Officer is empowered to grant rewards up to Rs. 250. The Excise Commissioner may similarly grant Rs. 500. Rewards higher than this require the sanction of the Government.
14. The Provisions for granting rewards in Excise and Opium cases should be followed.
15. Fines imposed by the Criminal Courts under the Dangerous Drugs Act must on realisation be paid into the treasury and credited under the head "Administration of Justice". Sums realised under the conditions of a licence should be credited under the head "Excise-Miscellaneous".
16. Limits of possession. - The limits of possession fixed in the licence of a licensed chemist should be fixed on the advice of the Civil Surgeon.
17. The limits of possession fixed in the licence of a licensed dealer should be fixed after reference to the Excise Commissioner.