Government Amends Controlled Substances Order to Include New Precursor Chemicals

The Ministry of Finance, Department of Revenue, issued a notification on January 23, 2025, introducing the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Amendment Order, 2025. This delegated legislation, designated G.S.R. 71(E), was enacted in exercise of the powers conferred by section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985). The primary purpose of this amendment is to modify the existing Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013, by expanding the list of substances subject to regulatory control. The amendment specifically inserts a series of new chemical compounds into both Schedule B and Schedule C of the 2013 Order. These additions include substances such as 4-piperidone, 1-boc-4-piperidone, various esters of 3-4-MDP-2-P methyl glycidic acid, and various esters of P-2-P methyl glycidic acid. The inclusion of these chemicals brings them under the purview of the regulatory framework, affecting entities involved in their manufacture, trade, and use. The Amendment Order came into force immediately upon its publication in the Official Gazette on January 23, 2025.

The legislative intent behind this amendment is to strengthen the regulatory framework designed to prevent the diversion of certain chemicals for the illicit manufacture of narcotic drugs and psychotropic substances. The earlier legal position, established by the 2013 Order, regulated a specific list of controlled substances, which are precursor chemicals essential for drug production. However, the absence of the newly added chemicals from the previous schedules presented a potential statutory gap, allowing these substances to be exploited by illicit drug manufacturers. By incorporating these compounds into Schedules B and C, the government aims to close this gap, thereby enhancing the efficacy of drug control measures. The legislation provided: “In the Narcotic Drugs and Psychotropic Substances (Regulation of Controlled Substances) Order, 2013, in the SCHEDULE, (a) in SCHEDULE-B, after serial number 27 and the entries relating thereto, the following serial numbers and entries shall be inserted, namely : 28. 4-piperidone... (b) in Schedule C, after serial number 27 and the entries relating thereto, the following serial numbers and entries shall be inserted, namely : 28. 4-piperidone...” This action underscores the policy rationale of continuously adapting drug control laws to counter evolving methods of illicit drug production. The amendment introduces new obligations for industries and individuals dealing with these newly listed chemicals, requiring them to comply with the regulations stipulated under the Narcotic Drugs and Psychotropic Substances Act, 1985, and its subordinate legislation. This proactive measure is crucial for combating drug trafficking and safeguarding public health by controlling the availability of substances that can be used as raw materials for illegal drugs.

Keywords: Narcotic Drugs, Psychotropic Substances, Controlled Substances, NDPS Act, Ministry of Finance, Drug Regulation, Chemical Precursors, Illicit Drug Manufacturing, India, Amendment Order

Geo Tags: Country: India District: Not Applicable