Government likely to ask addicts to submit for rehabilitation to avoid jail time

Subject : Governance

Concept :

As the Union government debates decriminalising consumption of narcotic drugs and psychotropic substances, it is likely to bring in a policy where addicts and users will have to submit themselves before treatment centres and declare themselves as such in order to escape criminal prosecution.
Currently, under the Narcotic Drugs and Psychotropic Substances Act, 1985, the consumption of any narcotic drugs or psychotropic substance may attract a jail term of up to one year and/or fines up to ₹20,000.
As of now, while enforcement agencies are targeting supply chains, the Social Justice Ministry is concurrently running countrywide awareness and rehabilitation campaigns to treat users and addicts like victims and not criminals.

Narcotic Drugs and Psychotropic Substances Act, 1985

The Narcotic Drugs and Psychotropic Substances Act is an Act of the Parliament of India that prohibits a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance.
As per the NDPS Act, narcotic drugs include coca leaf, cannabis (hemp), opium and poppy straw.
Psychotropic substance means any natural or synthetic material or any salt or preparation covered under the 1971 convention on Psychotropic substances.
The following conventions various forms of control to limit the use of narcotic drugs and psychotropic substances
The UN Single Convention on Narcotics Drugs 1961
The Convention on Psychotropic Substances, 1971
The Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988
India is a signatory to all these three.
NDPS Act has made stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances.
As per the NDPS Act, the minimum sentence for dealing with drugs is 10 years rigorous imprisonment coupled with a fine of Rs. 1 lakh.
No bail is granted for those persons booked under this act.
In addition, no relief can be obtained by the drug convicts through suspension, remission and commutation of sentences passed.
NDPS Act prescribes even though the offence cannot be called as a heinous crime.

Other Important Sections :

Section 8(c) of the Act – The section has wide provisions for producing, manufacturing, possessing, selling, purchasing, transporting, using, consuming, importing, and exporting any narcotic drug or psychotropic substance.
Section 20 (b) relates to use of cannabis.
Section 27 relates to consumption of any narcotic drug or psychotropic substance.
Section 27 which is a charge for consumption has a maximum charge of one year.
Section 35 which is a presumption of culpable mental state. This means that it is upon the accused to show that he did not have an intention, motive, knowledge to commit the offences he is charged with.

Narcotics Control Bureau

It was constituted by the Government of India in1986 under the Narcotic Drugs and Psychotropic Substances Act, 1985.
It is the apex coordinating agency under the Ministry of Home Affairs.
The National Policy on Narcotic Drugs and Psychotropic Substances is based on Article 47 of the Indian Constitution which directs the State to endeavour to bring about prohibition of the consumption, except for medicinal purposes, of intoxicating drugs injurious to health.
Drug abuse control is the responsibility of the central government.