NDPS ACT

Subject : Legislations

Context : The Supreme Court has ruled on a long-pending question of law on whether statements recorded under Section 67 of the Narcotics Drugs and Psychotropic Substances (NDPS) Act can be admissible as confessional statements during criminal trials.

Concept :

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 capital punishment for repeat offenders of drug trafficking even though the offence cannot be called as a heinous crime.