Narcotic Drugs and Psychotropic Substances Act 1985

Narcotic Drugs and Psychotropic Substances Act 1985

Subject – Legislations

Context – The Delhi High Court has observed that the menace of drug abuse was on the rise in the country and its consequences “can be experienced across the board from causing economic issues to societal disintegration”.

Concept –

• 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.

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.