Application of the Drugs and Cosmetics Act, 1940 not barred
Section 80 of the Narcotic Drugs and Psychotropic Substances Act, 1985 deals with application of the Drugs and Cosmetics Act, 1940 not barred. The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940) or the rules made thereunder. The Act came into force on 14 Nov 1985.
The provisions of this Act or the rules made thereunder shall be in addition to, and not in derogation of, the Drugs and Cosmetics Act, 1940 (23 of 1940) or the rules made thereunder.
Section 80, The Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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The State of Punjab vs Rakesh Kumar
Court's Decision & Legal Precedent
The Narcotic Drugs and Psychotropic Substances Act applies to all forms of narcotic drugs and psychotropic substances, including manufactured preparations such as tablets, syrups, and vials containing narcotic substances. Possession of such manufactured drugs in bulk quantities without valid authorization constitutes a violation of Section 8 of the NDPS Act. The NDPS Act operates as a special law in addition to the Drugs and Cosmetics Act and is not barred by it. The distinction between manufactured and non-manufactured drugs does not determine whether the NDPS Act applies; rather, the applicability depends on whether the substance contains narcotic drugs or psychotropic substances and whether possession is authorized for medical or scientific purposes in accordance with the Act, rules, and authorized licenses.
On this section: Clarifies that the application of the Drugs and Cosmetics Act is not barred and that provisions of the NDPS Act operate in addition to the Drugs and Cosmetics Act, not in derogation thereof.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 80
What have the courts held on Section 80 of the Narcotic Drugs and Psychotropic Substances Act?
The State of Punjab vs Rakesh Kumar (03 Dec 2018) is the leading judgment on this section among those set out below: Clarifies that the application of the Drugs and Cosmetics Act is not barred and that provisions of the NDPS Act operate in addition to the Drugs and Cosmetics Act, not in derogation thereof.
How do I find court cases under Section 80 of the Narcotic Drugs and Psychotropic Substances Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: NDPS Act 80, section 80 NDPS Act, section 80 of the Narcotic Drugs and Psychotropic Substances Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with The State of Punjab vs Rakesh Kumar (03 Dec 2018).
When did Section 80 of the Narcotic Drugs and Psychotropic Substances Act come into force?
Section 80 of the Narcotic Drugs and Psychotropic Substances Act, cited as NDPS Act 80, came into force on 14 Nov 1985, having been enacted on 16 Sep 1985. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions1747 words
- 68B. Definitions819 words
- 9. Power of Central Government to permit, control and regulate816 words
- 36A. Offences triable by Special Courts631 words
- 10. Power of State Government to permit, control and regulate568 words
- 42. Power of entry, search, seizure and arrest without warrant or authorisation507 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.