Drug Addiction

     

Salient Features of the Act

Synopsis

1. Introduction

2. Enactment of the Act

3. Amendments to the NDPS Act

4. Important provisions of the Act

1. Introduction - 

The NDPS Act of 1985 is the primary piece of law through which the state controls the use of Narcotic Drugs and Psychotropic Substances. These regulations were enacted to restrict and monitor the use of specified medications in limited circumstances. The Government of India passed the National Drugs and Psychotropic Substances Act in 1985. The Act gives the government the authority to establish as many Special Courts as it sees suitable for the expedient trial of cases.

The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) was adopted to consolidate and revise narcotic drug law, and to provide rigorous rules for the supervision and regulation of Narcotic Drugs and Psychotropic Substances activities. The legislation makes it illegal to produce, manufacture, cultivate, own, sell, transport, purchase, or use Narcotic Drugs and Psychotropic Substances. NDPS Act also aims to check the problem of Drug addiction. Drug addiction is a disease in which a person loses the ability to control his or her use of drugs and uses them repeatedly, resulting in addiction, which then affects that person's brain and behavior. The need for regulating Narcotic Drugs and Psychotropic Substances is an open book; we regularly hear of cases where drugs have not only ruined a person's life, but also the lives of others.

2. Enactment of the Act-

The Bill was signed into law by then-President Giani Zail Singh and came to be known as the Narcotic Drugs and Psychotropic Substances Act of 1985. Entry 19 of List III (Concurrent List) of Schedule VII of the Constitution of India gives the States and the Central Government, the authority to legislate on matters relating to "drugs and poisons," but this authority is subject to Entry 59 of List I (Union List) of Schedule VII of the Indian Constitution, which prohibits "the cultivation, manufacture, and sale for export of opium."

The object behind enacting NDPS Act was to control and regulate the transportation and consumption of illicit substances. The Act has been implemented and is still achieving its Aim. The Union, State, and the Local Government have been successful in introducing the rules of the Act to bring about a positive change in the society. To conclude consumption of narcotic drugs and similar substances for intoxication and entertainment purposes, shall have a dangerous impact on the user and be evil to society. Therefore, let good sense prevail and drug abuse stops.

The NDPS Act, or the Narcotic Drugs and Psychotropic Substances Act, 1985, is a legislation enacted by the Government of India to regulate and control the production, possession, sale, transport, and use of narcotic drugs and psychotropic substances. The salient features of the NDPS Act, 1985 are as follows:

● Act imposes a strict prohibition on the production, manufacture, cultivation, possession, sale, purchase, transportation, and consumption of narcotic drugs and psychotropic substances, except for medical and scientific purposes.

● The Act categorizes offenses related to narcotic drugs and psychotropic substances into three categories - small quantity, intermediate quantity, and commercial quantity - and prescribes different penalties for each category. Penalties may include imprisonment, fine, or both, and can range from rigorous imprisonment for one year to the death penalty, depending on the offense and the quantity involved.

● The Act empowers the authorities to seize and forfeit properties, assets, and proceeds derived from illegal activities related to narcotic drugs and psychotropic substances. Act establishes various authorities, including the Narcotics Control Bureau (NCB) at the central level, and Narcotics Commissioner, and state-level authorities, to enforce the provisions of the Act, investigate offenses, and coordinate with other law enforcement agencies. Act imposes certain obligations on officers involved in the enforcement of the Act, including the power to search, seize, and arrest individuals suspected of offenses under the Act, and the duty to report such offenses to the appropriate authorities.

● The Act emphasizes the importance of providing treatment and rehabilitation services to individuals addicted to narcotic drugs or psychotropic substances, and mandates the establishment of de-addiction centers and programs by the central and state governments.

● The Act facilitates international cooperation in the control of narcotic drugs and psychotropic substances, including extradition of offenders, mutual legal assistance, and cooperation with international organizations such as the United Nations Office on Drugs and Crime (UNODC).

● Act provides for certain safeguards and procedures, such as the requirement of search and seizure warrants, protection of witnesses, confidentiality of information, and presumption of innocence until proven guilty, to ensure that the rights of individuals are protected during the enforcement of the Act.

● The Act provides for the establishment of special courts to hear offenses under the Act, and these courts are vested with exclusive jurisdiction to try such offenses.

● The Act has been amended several times to address various issues and challenges in the control of narcotic drugs and psychotropic substances, and to align with international conventions and best practices.

3. Amendments to the NDPS Act -

The following were the amendments made to the Act:

(i) Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989) 1989

A major amendment to the NDPS Act has been made, providing stricter provisions and the addition of sections for financing illicit traffic under Section 27A. Trafficking in illicit substances includes production, possession, sale, purchase, transportation, warehousing, and anyone booked under section 27A.

ii) Narcotic Drugs And Psychotropic Substances ( ( Amendment) Act, 2001

The purpose of this amended act is to rationalize sentencing by making it more objective. The law was now easier for addicts to navigate, and bail was liberalized as well.

(iii) Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014

On May 1, 2014, the NDPS Amendment 2014 came into effect. Section 71 of the NDPS act describes how drug cases should be handled, including treatment facility rules. As part of the previous amendments, high-level offences under the Act were penalized more severely along with criminalizing the consumption of drugs. In contrast to the earlier procedure which required long steps and multiple licenses of different validity periods, morphine producers only need a single license from the respective State Drugs Controller.

As a result of the amendment, a uniform regulation was achieved across the country, preventing state-by-state conflict. Several essential narcotics that are used in pharmaceutical preparations, such as morphine, fentanyl, and methadone, have been made more accessible to patients. As a compromise, the death penalty for repeat criminal convictions for trafficking large amounts of drugs was reduced to a discrete 30-year sentence. After this amendment, the maximum penalty for "small quantity" offences has been raised from 6 months to 1 year.

The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021

As of December 6, 2021, the Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021 was introduced in the Lok Sabha. The purpose behind it is to replace the Narcotic Drugs and Psychotropic Substances (Amendment) Ordinance, 2021. A drafting error has been corrected in the Narcotic Drugs and ychotropic Substances Act, 1985 through the bill. The Act outlines the rules and regulations relating to certain operations (such as manufacture, transport, and consumption of these substances) relating to narcotic substances and psychotropic substances.

The definition of illicit activities was changed in 2014 when the Act was amended. This section was not amended, and it continued to refer to the earlier clause number about punishment for financing such illicit activities. A new clause number is added to the section on penalties in the Bill.

4. Important provisions of the Act-

Section 1-Short title, extent, and commencement. 

This Section lists the short title, scope, and commencement date of the NDPS Act. This Act applies to the whole of India, and its scope includes Citizens of India, as well as all persons on ships and aircrafts registered in India.

Section 3 Power to add to or omit from the list of psychotropic substances. 

The Central Government has reserved its power under Section 3 of the NDPS Act to add or delete such substance or natural material or salt or preparation of such substance or material from the list of Psychotropic Substances as and when the government deems it necessary or expedient to do so in a very simple way simply through a notification in the official gazette without any Bill or amendments to be passed based on available information or a decision.

Section 4 Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc. 

This Section lists down the measures that need to be taken by the Central Government to prevent and combat abuse of narcotic drugs and psychotropic substances. In 1986, the Central Government established a Statutory body under Section 4(3) of the NDPS Act, to act as Indian federal law enforcement, intelligence, and nodal agency to prevent drug trafficking, assist international and foreign drug law enforcement agencies, and coordinating drug law enforcement nationally. 

Section 8 - Prohibition of certain operations 

This Section states that no one shall produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-State, export inter-State, import into India, export from India or transship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and extent provided by the provisions of this Act.

Section 21 - Punishment for contravention of manufactured drugs and preparations. 

The NDPS Act divides punishment into three categories based on the quantity taken: small quantity, commercial quantity, and quantity less than commercial quantity but higher than a small quantity. Punishment for a violation regarding manufactured pharmaceuticals and preparations is specified in Section 21 of the NDPS Act as follows:

(a) For Small quantity - rigorous imprisonment up to 1 year, or fine up to Rs. 10,000, or both;

(b) For less than commercial quantity but greater than small quantity - rigorous imprisonment up to 10 years, and fine up to Rs. 1 Lakh;

(c) For Commercial quantity - rigorous imprisonment from 10 to 20 years, and fine from Rs. 1 Lakh up to 2 Lakhs (Court may impose a fine exceeding two lakh rupees after recording the reasons in its judgment);

Section 25 - Punishment for allowing premises, etc., to be used for the commission of an offense. 

This Section provides punishment for intentionally enabling premises, etc., to be used to commit an infraction. Whoever owns or occupies, or has control or use of, any house, room, enclosure, space, place, animal, or conveyance and knowingly allows it to be used for the commission of an offence punishable under any provision of this Act by another person, shall be punished with the punishment provided for that offence.

Section 35 Presumption of culpable mental state. 

According to Section 35 of the NDPS Act, the court shall presume the presence of the accused's culpable mental state, but it shall be a defense for the accused to establish that he did not have a guilty mental state.

Section 36A - Offences triable by Special Courts 

This Section in a 'non-obstinate provision states that any offense under this Act punishable by imprisonment of more than three years shall be triable exclusively by the Special Court, to ensure a rapid trial.

Section 50- Conditions under which search of persons shall be conducted.

The NDPS Act specifies certain conditions to be fulfilled while searchingfor a person. A failure to follow such conditions represents a violation of the urgent requirement of law, that may result in the accused's acquittal. According to Section 50 of the NDPS Act, the authorized officer who is acting on prior information to search a person shall have to take the person (whose search is to be conducted) to the nearest Gazetted Officer if the person (whose search is to be conducted) demands to be searched by a Gazetted Officer.

Section 67 - Power to call for information, etc. 

This section provides that an authorized officer can call for information from any person if such officer thinks that there has been a contravention of the NDPS Act. No confession can be recorded under Section 67 as no such power has been explicitly or implicitly granted to the empowered official under Section 67.