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NDPS Act: Narcotic Drugs and Psychotropic Substances Act, 1985
The NDPS Act prohibits a person from the production/manufacturing/cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.
Initially enacted in 1985, the Act was amended three times in 1988, 2001 and 2014.
According to the Act, narcotic drugs include coca leaf, cannabis (hemp), opium, and poppy straw; and psychotropic substances include any natural or synthetic material or any salt or preparation protected by the Psychotropic Substances Convention of 1971.
A psychotropic drug includes any natural or synthetic material or any salt or preparation protected by the Psychotropic Substances Convention of 1971.
The penalties under this Act are severe considering the consequences of drug abuse and its trafficking.
The offences under the Act attract jail terms ranging from one year to 20 years and fine depending on the crime.
Under the Act, abetment, criminal conspiracy and even attempts to commit an offence attract the same punishment as the offence itself.
Preparation to commit an offence attracts half the penalty.
Repeat offences attract one and a half times the penalty and in some cases, the death penalty.
The Narcotics Control Bureau was constituted in 1986 under the provisions of the NDPS Act.
The NCB is a nodal agency that is responsible for coordination with various ministries, other offices & State/Central enforcement agencies with regard to drug law enforcement and also in respect of matters relating to drug abuse.
Under the Act, property acquired by a person from drug-related offences, who has been convicted under the Act can be seized, frozen and forfeited by the government.
All the offences under the NDPS Act are non-bailable.
Also, no relief can be sought by the drug convicts by termination, remission, and commutation of sentences passed.
Amendments
The Act has been amended thrice as mentioned above. The 2014 amendment eased restrictions on Essential Narcotic Drugs (Morphine, Fentanyl and Methadone), making them more accessible for use in pain relief and palliative care.
Drug Control Legislation in India – Background
There were no laws regulating narcotics in India till 1985 when the NDPS Act was passed. Smoking of cannabis has been mentioned in the Atharva Veda and its recreational use was common and accepted in society on a par with alcohol consumption. Until 1985, cannabis and its derivatives like hashish, marijuana, bhang, etc. were sold legally in the country.
The NDPS Act was enacted to fulfill India’s treaty obligations under the Single Convention on Narcotic Drugs, Convention on Psychotropic Substances, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Drug abuse is a huge socio-economic problem in India and the government is taking several measures to reduce drug demand and promote rehabilitation of drug addicts into society.
What are the salient features of NDPS Act?
The Narcotic Drugs and Psychotropic Substances Act, 1985 also knows as the NDPS Act, prohibits any individual from engaging in any activity consisting of production, cultivation, sale, purchase, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.
What is difference between narcotic drugs and psychotropic substances?
From a medical point of view, psychotropics designate chemical substances that act upon the mind, that is on the conscious or unconscious mental life of an individual. Narcotics include substances that cause stupor, muscular relaxation and a reduction or elimination of sensitivity.
The Narcotic Drugs and Psychotropic Substances Act was enacted to put a cap over growing drug menace in the nation. This piece of legislation prohibits the cultivation, production, possession, sale, purchase, trade, use and consumption of narcotic drugs and other psychotropic substances. However, the scientific and medicinal use of these substances with license is permitted under this enactment.
Narcotic Drugs and Psychotropic Substances Act also commonly termed as the NDPS Act, made with the intention to control drugs of abuse and prohibit its use, manufacture, distribution, dissipation, and trade of substance of abuse. Narcotic drugs are those which induce sleep while psychotropic substances have the ability to alter the mind of individuals.
Narcotic Drugs and Psychotropic Substances Act NDPS (Narcotic Drugs and Psychotropic Substances Act), 1985 is a rule prohibiting an individual to do the following: 1. Manufacture Drugs 2. Produce Drugs 3. Sell Drugs 4. Drugs 5. Consume Drugs NDPS is Parliament of India Act. If proven guilty under a narcotic case, one may have to face 10 years to 20 years of imprisonment. In case, an individual is trapped or caught in a narcotic case, then it is important to get advice and guidance of the Best lawyers experienced in handling matters related to NDPS.
The National Drugs and Psychotropic Substances Act, 1985 brought India’s drugs control law. It is in line with international standards and fulfils the aims of these treaties. Many people perceive the Act as a prohibitionist statute that tries to deal with two types of offences: cultivating, manufacturing, distributing, and selling illegal drugs, such as heroin, and using them. A Reference Guide for all Criminal Offences & Penalties The NDPS Act, fixes the magnitude of the penalty on the number of drugs discovered. Which categories penalties: tiny, less than commercial, and commercial. In contrast, as a result, the sentence for a little quantity of drugs may be as long as one year in jail, while for a huge quantity of narcotics, it might be as long as 20 years. The Central Government sets the guidelines for the small and commercial quantities. Most typical medicines come in this quantity: Amphetamine: 2 gms is little, whereas 50 gms is commercial. Cocaine: two gms; large quantity: one hundred gms. Codeine: 10 gms, 1 kg. Legal Amount: Small Amount: 1 kg Commercial Amount: 20 kg. Heroin: 5 gms to a recreational user. 250 gms to a big-time dealer. Morphine: 5 gms – the amount included in a tiny vial, 250 gms – the quantity found in a standard vial. 1 kg of G. Poppy straw: modest quantity 50 kg of G. Poppy straw: commercial quantity Section 8 of the Act makes it expressly illegal to cultivate opium, poppy, coca, or cannabis plants as well as to produce, manufacture, distribute, store, and purchase banned narcotics and psychotropic substances. Additionally, the bill forbids funding, consuming, and sheltering convicted criminals. As per Sec. 19, any farmer who grows opium legally with a licence but steals it would face up to 20 years in prison and face a punishment of Rs. 1-2 lakh. Sale, purchase, transport, import, export, possession, and use of narcotic drugs and psychotropic substances such poppy straw, prepared opium, opium poppy, cannabis, etc causes these penalties: a. in the case of small quantities, 1-year imprisonment and/or a fine up to Rs. 10,000. However, if the violation involves marijuana, the punishment would be substantially smaller. This means that people may get prison sentences of between one and five years and fines ranging from Rs. 50,000 to Rs. 1,00,000. In any of the situations above, the court can punish offenders by writing out the reasoning for the increase in fine in the decision. The punishment for unlawful importation, exportation, or transshipment of narcotics, psychotropic substances, or both, depends on the amount of the material involved. Section 24 explicitly states that any person who does external transactions in violation of the Act shall be penalized with a minimum of 10 years in jail and a maximum of 20 years in prison, as well as a fine ranging from Rs. 1 lakh to Rs.2 lakh. Any person’s premises used for the commission of any offence under the Act shall be punished with a sentence of rigorous imprisonment that is no less than 10 years and no more than 20 years, as well as a fine that is no less than 1 lakh rupees and no more than 2 lakh rupees. The penalties should be the same for anybody who finances or protects offenders engaged in unlawful activity, no matter their role. The punishment would differ based on the substance taken, should a person use a narcotic drug or psychotropic substance. Rigorous incarceration is one year’s imprisonment and/or a fine of up to Rs. 20,000 for those who use substances like cocaine, morphine, or diacetylmorphine. Sentence to jail for six months to one year and pay a fine of Rs. 10,000 if he used any other substance throughout the proceedings is levied on the person. A court has the right to transfer any incarcerated individual for drug use to a health facility for treatment. Agencies who seize illegal narcotics must destroy them properly as instructed. The government confiscates illegal property of the accused. The funds received from the sale of property acquired via unlawful means will pool together to establish the National Fund for Regulate of Drug Abuse and utilize these funds to assist with the treatment of drug users, as well as efforts to control drugs Repeat Offences will Result in Greater Punishment People who indulge in drug misuse typically have a practice of doing so, and so face greater penalty under the Act. Punishments can be as much as one and a half times as severe for multiple offences. Because of this, the sentence for an offence ranges from 1.5 years in jail to 30 years in prison. In other words, a punishment up to 1.5 times the previous amount would be given for a second conviction. Section 31A of the Act provides for the death sentence as a punishment for a second conviction. Prior to the 2014 change, the Act required that a person sentenced to death following a second conviction for an offence involving at least a specific amount of drugs. The cutoff for Opium is 10 kg, whereas the cutoff for Morphine and Heroin is one kilogram me. of the Act provides for the death sentence as a punishment for a second conviction. Prior to the 2014 change, the Act required that a person sentenced to death following a second conviction for an offence involving at least a specific amount of drugs. The cutoff for Opium is 10 kg, whereas the cutoff for Morphine and Heroin is one kilogram me. Many human rights groups applauded the 2014 revision, which made it very clear that death can be used as a replacement for any of the other punishments listed in the Act for a second offender. Many academics have advocated that the death penalty should be removed entirely from the NDPS Act numerous times. According to estimates, 32 nations have drug control legislation that allows for the death sentence in rare situations. However, studies on the effects of the death sentence on drug markets in these nations indicate that it is ineffective in discouraging surreptitious drug activities. Preventative Measures Contained in the NDPS Act NDPS Act grants significant law enforcement agency authorities to conduct crackdowns on drug usage. NDPS Act establishes protections to citizens from needless harassment. Law enforcement officers are obligated to produce a detailed report with all pertinent facts and send it to their supervisor whenever they arrest or seize under the Act. Section 100 of the CRPC dictates that when officers examine individuals who conceal suspicious items, the search must be in the presence of two recognized local citizens. The accused receives an inspection report including, the search and seizure contents. Under the NDPS Act, the police officer confiscating the banned drugs has to keep them secure. A reliable seal is placed to verify that the arresting officer has seized the item and the officer-in-charge of the police station on all search warrants. The section titled “Search Procedure” of the Act allows the accused the right to be searched in the presence of a gazette officer or a magistrate. In the case of State of Punjab V. Balbir Singh 1994 AIR 1872, the Supreme Court decided that in order for the police officer to uphold this privilege, he or she must have to tell the accused about it. The laws passed under Section 58 implement severe penalties for those who file vexatious or frivolous complaints.
Narcotic Drugs and Psychotropic Substances Act, 1985
[Act No. 61 of 1985 dated 16th. September, 1985]
| Contents | |
| Sections | Particulars |
| Chapter I | Preliminary |
| 1 | Short title, extent and commencement |
| 2 | Definitions |
| 3 | Power to add to or omit from the list of psychotropic substances |
| Chapter II | Authorities And Officers |
| 4 | Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc |
| 5 | Officers of Central Government |
| 6 | The Narcotic Drugs and Psychotropic Substances Consultative Committee |
| 7 | Officers of State Government |
| Chapter IIA | National Fund For Control Of Drug Abuse |
| 7A | National Fund for Control of Drug Abuse |
| 7B | Annual report of activities financed under the Fund |
| Chapter III | Prohibition, Control And Regulation |
| 8 | Prohibition of certain operations |
| 9 | Power of Central Government to permit, control and regulate |
| 9A | Power to control and regulate controlled substances |
| 10 | Power of State Government to permit, control and regulate |
| 11 | Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment |
| 12 | Restrictions over external dealings in narcotic drugs and psychotropic substances |
| 13 | Special provisions relating to coca plant and coca leaves for use in the preparation of flavoring agent |
| 14 | Special provision relating to cannabis |
| Chapter IV | Offences And Penalties |
| 15 | Punishment for contravention in relation to poppy straw |
| 16 | Punishment for contravention in relation to coca plant and coca leaves |
| 17 | Punishment for contravention in relation to prepared opium |
| 18 | Punishment for contravention in relation to opium poppy and opium |
| 19 | Punishment for embezzlement of opium by cultivator |
| 20 | Punishment for contravention in relation to cannabis plant and cannabis |
| 21 | Punishment for contravention in relation to manufactured drugs and preparations |
| 22 | Punishment for contravention in relation to psychotropic substances |
| 23 | Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances |
| 24 | Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12 |
| 25 | Punishment for allowing premises, etc., to be used for commission of an offence |
| 25A | Punishment for contravention of orders made under section 9A |
| 26 | Punishment for certain acts by licensee or his servants |
| 27 | Punishment for illegal possession in small quantity for personal consumption of any narcotic drug or psychotropic substance or consumption of such drug or substance |
| 27A | Punishment for financing illicit traffic and harboring offenders |
| 28 | Punishment for attempts to commit offences |
| 29 | Punishment for abetment and criminal conspiracy |
| 30 | Preparation |
| 31 | Enhanced punishment for certain offences after previous conviction |
| 31A | Death penalty for certain offences after previous conviction |
| 32 | Punishment for offence for which no punishment is provided |
| 32A | No suspension, remission or commutation in any sentence awarded under this Act |
| 33 | Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958 |
| 34 | Security for abstaining from commission of offence |
| 35 | Presumption of culpable mental state |
| 36 | Constitution of Special Courts |
| 36A | Offences triable by Special Courts |
| 36B | Appeal and revision |
| 36C | Application of Code to proceedings before a Special Court |
| 36D | Transitional provisions |
| 37 | Offences to be cognizable and non-bailable |
| 38 | Offences by companies |
| 39 | Power of court to release certain offenders on probation |
| 40 | Power of court to publish names, place of business, etc., of certain offenders |
| Chapter V | Procedure |
| 41 | Power to issue warrant and authorization |
| 42 | Power of entry, search, seizure and arrest without warrant or authorization |
| 43 | Power of seizure and arrest in public places |
| 44 | Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant |
| 45 | Procedure where seizure of goods liable to confiscation not practicable |
| 46 | Duty of land holder to give information of illegal cultivation |
| 47 | Duty of certain officers to give information of illegal cultivation |
| 48 | Power of attachment of crop illegally cultivated |
| 49 | Power to stop and search conveyance |
| 50 | Conditions under which search of persons shall be conducted |
| 51 | Provisions of the Code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures |
| 52 | Disposal of persons arrested and articles seized |
| 52A | Disposal of seized narcotic drugs and psychotropic substances |
| 53 | Power to invest officers of certain departments with powers of an officer-in-charge of a police station |
| 53A | Relevancy of statements under certain circumstances |
| 54 | Presumption from possession of illicit articles |
| 55 | Police to take charge of articles seized and delivered |
| 56 | Obligation of officers to assist each other |
| 57 | Report of arrest and seizure |
| 58 | Punishment for vexatious entry, search, seizure or arrest |
| 59 | Failure of officer in duty or his connivance at the contravention of the provisions of this Act |
| 60 | Liability of illicit drugs, substances, plants, articles and conveyances to confiscation |
| 61 | Confiscation of goods used for concealing illicit drugs or substances |
| 62 | Confiscation of sale proceeds of illicit drugs or substances |
| 63 | Procedure in making confiscations |
| 64 | Power to tender immunity from prosecution |
| 64A | Immunity from prosecution to addicts volunteering for treatment |
| 66 | Presumption as to documents in certain cases |
| 67 | Power to call for information, etc |
| 68 | Information as to commission of offences |
| Chapter VA | Forfeiture Of Property Derived From, Or Used In, Illicit Traffic |
| 68A | Application |
| 68B | Definitions |
| 68C | Prohibition of holding illegally acquired property |
| 68D | Competent authority |
| 68E | Identifying illegally acquired property |
| 68F | Seizure or freezing of illegally acquired property |
| 68G | Management of properties seized or forfeited under this Chapter |
| 68H | Notice of forfeiture of property |
| 68-I | Forfeiture of property in certain cases |
| 68J | Burden of proof |
| 68K | Fine in lieu of forfeiture |
| 68L | Procedure in relation to certain trust properties |
| 68M | Certain transfers to be null and void |
| 68N | Constitution of Appellate Tribunal |
| 68-O | Appeals |
| 68P | Notice or order not to be invalid for error in description |
| 68Q | Bar of jurisdiction |
| 68R | Competent Authority and Appellate Tribunal to have powers of civil court |
| 68S | Information to competent authority |
| 68T | Certain officers to assist Administrator, competent authority and Appellate Tribunal |
| 68U | Power to take possession |
| 68V | Rectification of mistakes |
| 68W | Findings under other laws not conclusive for proceedings under this Chapter |
| 68X | Service of notices and orders |
| 68Y | Punishment for acquiring property in relation to which proceedings have been taken, under this Chapter |
| 69 | Protection of action taken in good faith |
| 70 | Central Government and State Governments to have regard to international conventions while making rules |
| 71 | Power of Government to establish centers for identification, treatment, etc., of addicts and for supply of narcotic drugs and psychotropic substances |
| 72 | Recovery of sums due to Government |
| 73 | Bar of jurisdiction |
| 74 | Transitional provisions |
| 74A | Power of Central Government to give directions |
| 75 | Power to delegate |
| 76 | Power of Central Government to make rules |
| 77 | Rules and notifications to be laid before Parliament |
| 78 | Power of State Government to make rules |
| 79 | Application of the Customs Act, 1962 |
| 80 | Application of the Drugs and Cosmetics Act, 1940 not barred |
| 81 | Saving of State and special laws |
| 82 | Repeal and savings |
| 83 | Power to remove difficulties |
| Schedule | List of Psychotropic Substances |
| Footnotes |
An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances [to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances] and for matters connected therewith.
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