NDPS Act 1985

This gazette notification is NOT about fee revisions under the Maharashtra Prohibition Act. It concerns NDPS Act, 1985 (Narcotic Drugs and Psychotropic Substances Act, 1985), which is a separate Central legislation dealing with narcotics control.

Type of Notification: Commissioner's Circular on enforcement, crime investigation, and disposal of seized narcotic substances under NDPS Act, 1985.

Key Content Summary:

This circular issued by the Commissioner of State Excise, Maharashtra (Circular No. DET1120201/CR.04/107/NOC dated March 23, 2023) establishes new committees and procedures for disposal of narcotic drugs/substances seized under the NDPS Act, 1985.

Main Provisions:

1. Supersession of Earlier Committees: Previous committees established under Circular No. NDP 1086/2821/200/NOC dated February 14, 1991 (and later modified on February 6, 1992) are dissolved.

2. New Committees Constituted:

   Committee No. 1 (High-Level Narcotic Disposal Committee):

   • Chairman: Additional Commissioner, State Excise
   • Member Secretary: Concerned District Superintendent, State Excise
   • Member: Police Assistant Commissioner/Deputy Superintendent/Tehsildar or gazetted officer from Narcotics Control Bureau

   Committee No. 2 (Regular Committee):

   • Chairman: Joint Commissioner (Administration), State Excise
   • Member Secretary: Concerned District Superintendent, State Excise
   • Member: Police Assistant Commissioner/Deputy Superintendent/Tehsildar or NCB gazetted officer

3. Powers - Committee No. 2 Authorized to Dispose:

   • Heroin up to 5 kg
   • Hashish (Charas) up to 100 kg
   • Hashish Oil up to 20 kg
   • Ganja up to 1000 kg
   • Cocaine up to 2 kg
   • Mandrax up to 2000 kg
   • Poppy Straw up to 5 MT
   • Other substances/conveyances up to value of ₹5 lakh

   Quantities exceeding these limits must be referred to Committee No. 1

4. Disposal Procedures (per GOI Finance Ministry notification dated January 16, 2015):

   • Opium, Morphine, Codeine, Thebaine → transferred to Government Opium & Alkaloid Works
   • Labeled pharmaceutical formulations with 60%+ shelf life → may be sold by tender/auction to licensed firms
   • Unlabeled formulations → to be destroyed
   • Bulk narcotic substances → sold to licensed manufacturers after quality verification
   • Controlled substances for industrial use → sold by tender/auction
   • Seized vehicles → sold by tender/auction
   • Non-usable substances → destroyed at State Pollution Control Board approved sites under committee supervision

5. Procedure:

   • Officer-in-charge of malkhana/godown prepares inventory, certifies under Section 52A NDPS Act
   • Committee examines compliance with Section 52A provisions
   • Physical verification and weighment conducted
   • 15 days prior notice given to Commissioner before disposal
   • Monthly reports sent to Narcotics Control Bureau

Effective Date: From date of publication (March 23, 2023)

Authority: NDPS Act, 1985 Section 52A; GOI Standing Order No. 1/89 dated June 13, 1989; GOI notification dated January 16, 2015

Note: This circular pertains to NDPS Act (Central legislation), not the Maharashtra Prohibition Act. While Maharashtra State Excise Department implements NDPS alongside state prohibition laws, this particular notification deals exclusively with narcotic drugs under the Central Act.