Chapter 1

Chapter 1 Preliminary
1. Short Title, Extent and Commencement :

(1) This Act may be called the “Narcotic Drugs (Control) Act, 2033 (1976).”
(2) It shall extend throughout Nepal.
(3) It shall come into force immediately.

2. Extra Territorial Application of the Act :

(1) This Act shall also be (apply) to Nepalese citizen or foreigner, who, while residing in a foreign country, conduct transaction of export or import of narcotic drugs from or into Nepal in contravention of this Act or Rules framed or order issued hereunder.
(2) Any person who commits any act mentioned under Sub-section (1) shall be prosecuted and punished according to this Act as if he/she had
committed such act within Nepal.

3. Definition : In this Act, Unless the subject or context otherwise requires :-
(a) “Narcotic Drug” means:
(1) Cannabis/ marijuana
(2) Medicinal cannabis/ marijuana
(3) Opium
(4) Processed opium
(5) Medicinal opium
(6) Plants and leaves of coca, and
(6A) Any substances to be prepared by mixing opium and extract coca, including mixture or salt.
(7) Any natural or synthetic narcotic drug or psychotropic substances and their salts and other substances as may be specified by the Government of Nepal by a notification published in the Nepal Gazette, from time to time,
(b) “Cannabis/ marijuana” means:
(1) Any plant of cannabis/ marijuana genus including hemp and siddha and also includes the leaves and flowers thereof.
(2) Natural resin, gum, and sap obtained from Hashish (chares) and cannabis/ marijuana plants, and,
(3) Any substance containing any of the extract, substance, essence, mixture and beverage containing any of the
substances mentioned above.
(c) “Medicinal cannabis/ marijuana” means the extract or essence of cannabis/ marijuana.
(d) “Opium” means the coagulated juice of the opium poppy.
(e) “Processed opium” means the opium prepared for consumption and also includes the residue left after smoking such opium.
(f) “Medicinal opium” means the opium prepared in any form following  any formula (method) for medicinal purposes.
(g) “Plants and leaves of coca” means the plants and leaves of any plant of the erythroxylon genus as defined in the Single Convention on Narcotic
Drugs, 1961.

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Inserted by the third Amendment.

(h) “Preparation” means the solid or liquefied mixture of one or more narcotic drugs to be prepared in the form of dosage.
(i) “Production” means the extraction of cannabis/ marijuana, hemp, Siddha or Hashish (chares) from the cannabis/ marijuana plant or the separation of
leaves from coca plants.
(j) “Manufacture” means all the forms of extraction of narcotic drugs, other than production and this term also includes the processing of narcotic
drugs, transformation of one kind of narcotic drug into another, or the process of preparing narcotic drugs other than for medical purposes.

(j1) “Controlled delivery” (Controlled payment technique) means the drugs technique of allowing traffic of narcotic drugs putting it into the pocket
in the original condition or any thing like that instead of narcotic drugs under the direct supervision of the Narcotic Investigation Authority, with
a view to identifying the final destination and the recipient person involved in the illicit traffic of the narcotic drugs from or through the
Nepal to other countries.

(j2) “Investigating Authority” means personnel at least up to the rank of Assistant sub-inspector of police or at least up to the rank of Kharidar,
designated by the chief of Narcotic Drugs Control Law Enforcement Agency, in course of the investigation of the narcotic drugs control.

(j3) “Treatment Centre” means a treatment centre approved by Government of Nepal for the treatment and rehabilitation of narcotic
drug addicts.

(j4) “Addiction” means the act of consumption of narcotic drugs in more than the dosage and quantity even under the prescription of recognized
medical practitioner or without the prescription of such medical practitioner.

♣_________________________
Inserted by third Amendment.

Inserted by third Amendment.

Inserted by third Amendment.

Inserted by third Amendment.

(k) “Drugs Control Officer” means the officer appointed or designated by Government of Nepal pursuant to Section 21.
(L) “Prescribed” or “As Prescribed” means prescribed or ∇ as prescribed in the Rules framed or orders issued under this Act.