Narcotic Drugs and Psychotropic Substances include a range of medical and scientific application, but the abusers and traffickers could exploit them. The Constitution’s Article 47 provides for India’s approach to handle Narcotic Drugs and Psychotropic Substance, which emphasises on the objective of prohibiting the consumption of (consumption except for medical purposes) intoxicating drinks and drugs which are harmful to health.
It aligns with India’s stance in three International Drug related Conventions first the Single convention on Narcotic Drugs, 1961, Second The convention on Psychotropic Substances, 1971 and The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substance, 1988. India has ratified and a signatory to these conventions.
People in India practiced Cannabis smoking since the last 2500 years. But, the country did not put a prohibition on cannabis and its derivatives, such as marijuana, etc until 1985. Prior to the prohibition, people used it only for recreation.
The Indian government enacted the Narcotic Drugs and Psychotropic Substance (NDPS) Act, 1985 which is an important legislation which aims to counter the drug abuse and illegal smuggling of narcotics and Psychotropic substances.
The Government enacted the NDPS Act as a significant legislation to combat the illicit activities which involves these substances. The Purpose of the Act is controlling the production, transportation, consumption and possession of drugs and substance within India. This Act was passed on the 14th November, 1985 and has undergone amendments to address emerging challenges and ensure effective enforcement.
Aims And Object of the Act
Consolidation and Amendment
This Act aims to combine and amend the laws which are concerned with narcotic drugs which provide a comprehensive framework for regulating them.
Stringent Control and Regulation
This Narcotic Drugs and Psychotropic Substance Act provides stringent provisions in controlling and regulating all activities which are related to narcotic drugs and psychotropic substances. It includes cultivation, manufacturing, distribution, sales, purchase and consumption which intends to prevent their abuse and illegal smuggling.
Forfeiture of Property
It includes the provisions for forfeiting property acquired through or used in illegal drug trafficking. This acts as a deterrent and helps in disrupting the financial aspects of the drug related operations.
Implementation of International Conventions
This Act aligns and implements the provisions of the International conventions on Narcotic Drugs and Psychotropic Substance . India’s participation in these conventions on Narcotic Drugs and Psychotropic Substances conventions makes it a requirement in enacting these legislations which effectively addresses drug related issues and aligns it with the international standard.
Enactment of NDPS Act, 1985
Before implementing the Narcotic drugs and Psychotropic Substance Act, 1985 three central acts primarily governed the regulation related of Narcotics in India : The Opium Act,1857, The Opium Act, 1878 and the dangerous Act, 1930.
For fulfilling India’s Obligation under the three UN drug conventions and in accordance with Article 47 of Indian Constitution, India enacted the NDPS Act,1985. It prohibits from involving themselves in production, manufacturing, cultivation, possession, sale, purchase, transportation, storage and/or consumption of any narcotic drug or psychotropic substance other than medical or scientific purposes. The NDPS Act has undergone three amendments in 1988,2001 and 2014. It applies across the entire India and extends to all individuals inside the country.
Fundamental Principles of the NDPS Act
Fundamental Principles in NDPS for addressing drug abuse and trafficking:-
Differentiating between Soft Drugs and Harder Drugs:
Based on potential for abuse and harm it differentiates between soft drugs and hard drugs. It provides strict punishment for offenses which involve hard drugs.
Recognizing Personal Consumption Exemption:
The Act differentiates between drug trafficking and personal consumption. It imposes less severe penalties on individuals caught with a quantity lower than the prescribed limit for personal consumption.
Empowering Authorities to Forfeit Property Derived from Illicit Activities:
The Act provides power to seize and forfeit properties acquired from the drug related offenses.
Prescribing Mandatory Death Sentence:
In Particular cases of drug trafficking, this act mandates a death sentence which eliminates the possibility of leniency
Provisions of the NDPS Act, 1985
Prohibition on Consumption of Drugs:
This Act forbids the individuals from consumption of narcotic drugs and psychotropic substances except for the medical and scientific purposes.
Punishments and Offences:
It provides Imprisonment, fines or both for offenses based on the severity of the crime.
Conscious Possession:
‘Conscious Possession’ of drugs is a punishable offence which indicates that individuals should be aware and in control of the drugs they possess.
Dealing with Poppy Straw and Physical Possession:
It addresses poppy straw and other components of the opium poppy plant and includes the offences linked to physically possess them.
Exemptions:
It provides for exemption for medical and scientific use under particular condition.
NDPS Act, 1985: Implementation and Challenges
The NDPS Act implements a robusting plan and enforcement team which is responsible for enforcing it , The Act is made in such manner that it ensures timely resolution of the cases amd provide justice to the parties involved.
Challenges Faced
Occupational Health Services and Mental Health
The Act acknowledges the importance of occupational health services and mental health issues which concern drug abuse and trafficking. Still, there are challenges which persist in effectively implementing and giving access to such services.
Awareness and Prevention
Even after the provisions of the NDPS Act, raising awareness for the consequences of drug abuse and preventing its occurrence still remains a crucial challenge
Drafting Errors
Through time some errors in drafting have caused interpretation issues and necessities clarifications.
Some of the key features of the NDPS Act are:
Classification of drugs
NDPS Act provides categorization of drugs into different schedules based on the potential for abuse and therapeutic value. It provides for different schedules for narcotic drugs and psychotropic substances, which impose strict regulations on substances with a higher abuse potential.
Prohibition and regulation
This Act prohibits individuals from producing, manufacturing,cultivating, possessing, selling, purchasing, transporting or consuming narcotic drugs and psychotropic substances except for medical and scientific purposes. It provides stringent controls and licensing requirement for these activities.
Punishments and penalties
The Act provides punishments for offenses related to drugs. It also differentiates between small quantities and commercial quantities by imposing harsher penalty for trafficking and commercial activities. Offenders could be subject to the imprisonment which ranges from several years to life imprisonment in addition to the fines.
Special Courts
This Act provides for special courts which are responsible to handle NDPS cases. These courts are designated in ensuring the prompt trial for drug related offenses and the effective implementation of the Act.
Forfeiture of property
This Act provides authorities the power to seize and forfeit properties acquired by illegal drug activities. These provisions serve as deterrent and aids in diminishing the financial aspects of drug trafficking.
International cooperation
It facilitates International Co-operation and Co-ordination to address drug related offences. It helps in the extradition of offenders, sharing intelligence, information and cooperation in investigation and legal proceedings.
Rehabilitation and treatment
Recognizing the significance of rehabilitation and treating drug addicts, the NDPS act provides for establishment of rehabilitation centers and programs. These initiatives assist the individuals in overcoming the drug addiction and reintegrating into society.
Drug possession classification under NDPS Act, 1985
It classifies the possession of drugs in three categories:-
Small Quantity:
It refers to the category which is in lower quantity than the limit which is specified by the government. If an individual illegally possesses drugs like opium, cannabis, poppy seeds, etc in small quantity they could face imprisonment for up to a year or Rs.10,000 or both.
Intermediate Quantity:
It covers quantities which are higher than small quantity but lower than commercial quantity. If a person possesses drugs such as opium, cannabis, poppy seeds, etc. exclusively and in intermediate quantity, they could face imprisonment for upto ten years and a fine of upto Rs. 1 Lakh.
Commercial Quantity:
This category pertains to higher quantity than the limit which is specified by the government. If an individual possesses drugs in commercial quantity they could face a punishment for upto twenty years with a fine of Rs.1 Lakh to Rs. 2 Lakhs.
In summary, the NDPS Act establishes distinct sentencing provisions based on the quantity of drugs involved, differentiating between small, intermediate, and commercial quantities. These categories determine the duration of imprisonment and the amount of fine that can be imposed on individuals found in possession of drugs.
Punishment And Penalties
Small Quantity: Rigorous Imprisonment for upto 1 Year or with a fine of Rs.10,000 or with both.
Less than Commercial: Rigorous Imprisonment for upto 10 years or with fine upto Rs. 1 Lakh or both.
Commercial Quantity: Rigorous Imprisonment for 10 to 20 years or fine of Rs. 1 Lakh to 2 Lakh.
The court is empowered to impose a fine which exceeds two lakhs by recording reasons for the same in Judgement.
Habitual Offenders
For habitual offenders they are convicted with the same punishment after a previous conviction, the punishment will be enhanced to one and a half times the maximum terms of imprisonment and fine.
Death Penalty Provision
The NDPS Act also includes a provision for the death penalty for habitual offenders who commit or attempt certain specified offenses outlined in Section 31A.
Bail under NDPS Act, 1985
In the case if Union of India V. Ram samujh and others (1999), emphasized the severe result of drug dealing on vulnerable young minds and society as a whole. While Murder could affect a few individuals, drug dealers possess the potential in harming numerous lives. Granting bail to such individuals increases the risk of their return to drug dealing.
Section 37 of NDPS Act provides strict criteria for granting bail. Possession of illegal drugs in unlawful quantities is regarded as a serious offence and falls under both cognizable and non-bailable categories. For securing bail under the Act, two conditions need to be fulfilled.
The public prosecutor must have the opportunity in contesting the application for release. If the public prosecutor opposes the bail application, the court must be convinced that there are reasonable ground in believing the accused’s innocence and that they are unlikely to commit any offense while on bail.
Frequently Asked Questions (FAQs)
1. What is the Narcotic Drugs and Psychotropic Substances Act, 1985?
The NDPS Act, 1985 is enacted to regulate and control the production, manufacture, possession, sale, transport, import, inter-state, export, use, consumption, purchase, sale, etc. of narcotic and psychotropic substances. It aims to prevent individuals from abusing them an to combat drug trafficking.
2. Which substances does this Act cover?
This Act covers a wide range of substances which are listed in its schedules. These include substances like opium, heroin, cocaine, cannabis, morphine, codeine, LSD, MDMA, and other similar substances.
3. What is the purpose of enacting the Act?
This Act intends regulating, controlling the production, distribution and use of narcotic drugs and psychotropic substances. Its goal is to prevent these substances from being misused for non medical purposes and to address the issue of drug abuse and trafficking.
4. How does the Act regulate possession and consumption of these substances?
This Act forbids the individuals from engaging in activities such as the possession, purchase, sale, transport, warehousing, consuming, importing, exporting and engaging in inter state transactions and cross border transport of these substances. Exceptions are made for medical and scientific purposes, provided individuals ghave the necessary license and follow particular regulations.
5. Are there any exceptions for medical and scientific use?
Yes, this act includes provisions which allow medical and scientific use of the narcotic drigs and psychotropic substances under the license issued by the government. Medical professional and researcher can obtain license to legitimately possess and use these substances.
6. What penalties does the Act impose for violating its provisions?
The Act provides strict penalties for offenses which includes engaging in unauthorised activities such as producing, manufacturing, possessing, selling, transporting, warehousing, using, consuming, importing, exporting, and other related actions involving these substances. Penalties include fines, imprisonment and asset forfeiture.
7. What are the consequences for trafficking and illegally cultivating narcotic plants?
Trafficking and Illegally cultivating narcotic plants could lead to rigorous punishments, including rigorous imprisonment and fines. The severity of the punishment depends on factors such as the quantity of the substance involved and the nature of the offense.
8. How does the Act address international drug trafficking?
The Act includes provisions to address offenses linked to international drug trafficking and transshipment. It enables India to fulfill its obligations under various international treaties and conventions related to narcotics and psychotropic substances.
9. Can the Act undergo amendments?
Yes, like any other legislation the government can amend the act through a proper legislative process.
10. How can individuals and organizations maintain compliance with the Act?
For ensuring compliance individuals and organisations should possess knowledge of the substance listed in the schedules of the Act and its permissible uses. For the medical and scientific purposes, it should acquire the necessary license and adhere to the regulations set by the authorities.
