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Section 80 of The Narcotic Drugs and Psychotropic Substances Act, 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.

Summary

This provision clarifies that the Narcotic Drugs and Psychotropic Substances Act does not block or cancel out the Drugs and Cosmetics Act of 1940.
Both laws work together side by side, which means a person or company must comply with the rules of both Acts simultaneously.
The term "not in derogation of" means that this drug regulation law does not weaken, take away from, or override the medical drug safety laws.

Practical examples

1Ramesh runs a licensed pharmaceutical company in Mumbai in 2026. He manufactures a medical preparation containing a psychotropic substance. To do this legally, he must obtain and follow licenses under both the Narcotic Drugs Act and the Drugs and Cosmetics Act.

2In September 2026, a government inspector visits a chemist shop owned by Anita in Delhi. Anita has kept proper records under the Drugs and Cosmetics Act, but she failed to maintain records required under the Narcotic Drugs Act. The officer informs her that compliance with one Act does not excuse her from penalties under the other.

3A company called CureAll Pharmaceuticals imports a chemical substance in October 2026. The import is permitted under the Drugs and Cosmetics Act, but because the chemical is also a controlled substance, the company must still secure the necessary permissions under the Narcotic Drugs Act.

FAQ

1. Does the Narcotic Drugs and Psychotropic Substances Act 1985 replace the Drugs and Cosmetics Act 1940?

No, Section 80 of the Narcotic Drugs and Psychotropic Substances Act, 1985 explicitly states that its provisions are in addition to, and not in place of, the Drugs and Cosmetics Act, 1940.

2. Can a person be prosecuted under both the Narcotic Drugs and Psychotropic Substances Act 1985 and the Drugs and Cosmetics Act 1940?

Yes, because Section 80 of the Narcotic Drugs and Psychotropic Substances Act, 1985 makes it clear that the Act operates in addition to the Drugs and Cosmetics Act, 1940, meaning actions can be taken under both laws.

3. What does Section 80 of the Narcotic Drugs and Psychotropic Substances Act 1985 say about conflicting rules?

Section 80 of the Narcotic Drugs and Psychotropic Substances Act, 1985 explains that the rules under this Act are cumulative with those of the Drugs and Cosmetics Act, 1940, so both sets of regulations must be followed.

Test yourself

Q1.Under Section 80 of the Narcotic Drugs and Psychotropic Substances Act, 1985, how does this Act relate to the Drugs and Cosmetics Act, 1940?

Q2.If a pharmaceutical manufacturer complies with the Drugs and Cosmetics Act, 1940, what is their status under Section 80 of the Narcotic Drugs and Psychotropic Substances Act, 1985?

Q3.What does the legal phrase "not in derogation of" mean under Section 80 of the Narcotic Drugs and Psychotropic Substances Act, 1985?

Q4.Which of the following is true regarding Section 80 of the Narcotic Drugs and Psychotropic Substances Act, 1985?

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