(1) Subject to the provisions of section 8, the Central Government may, by rules—
(a) permit and regulate—
(i) the cultivation, or gathering of any portion (such cultivation or gathering being only on account of the Central Government) of coca plant, or the production, possession, sale, purchase, transport, import inter-State, export inter-State, use or consumption of coca leaves;
(ii) the cultivation (such cultivation being only on account of Central Government) of the opium poppy;
(iii) the production and manufacture of opium and production of poppy straw;
(iv) the sale of opium and opium derivatives from the Central Government factories for export from India or to State Governments or to manufacturing chemists;
(v) the manufacture of manufactured drugs;
(vi) the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of psychotropic substances;
(vii) the import into India and export from India and transhipment of narcotic drugs and psychotropic substances.
Legal Commentary & Landmark Judgments: Section 9
Section 9 of the NDPS Act confers extensive delegated rule-making and regulatory powers upon the Central Government to permit, license, control, and regulate the cultivation of opium poppy, production of opium, manufacture, possession, transport, import, and export of narcotic drugs and psychotropic substances.
In prosecutions of pharmaceutical distributors or wholesale chemists (e.g., cases involving codeine cough syrup, buprenorphine, or alprazolam), examine whether the transport and possession complied with Rule 66 and Rule 67 of the NDPS Rules framed under Section 9. Demonstrate compliance with consignment notes (Form 6) to establish statutory legality.