This action might not be possible to undo. Are you sure you want to continue?
The Narcotic Drugs and Psychotropic Substances Act is an act of the Parliament of India which was passed in 1985 and came into effect in India from November 14, 1985.
Under one of the provisions of the act, the Narcotics Control Bureau was set up with effect from March 1986. The Act is designed to fulfill India's treaty obligations under the Single Convention on Narcotic Drugs, Convention on Psychotropic Substances, and United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
heroin and cocaine. As a signatory to the UN Single Convention(1961). Until the 1980s. coca. cannabis consumption was not regarded as an issue of major social concern in India. . Prior to present legislation. and derivatives such as morphine. India consolidated those treaties and broadened their scope to include cannabis and opium. focus of Indian drug policies was control of drug trade and collection of revenues through licensed sales of only controlled opium. with little or no official mention of excessive use.
Final draft of Single Convention included transitional reservations allowing so-called grace periods for phasing out traditional drug use.An international treaty to prohibit production and supply of specific(nominally narcotic) drugs and of drugs with similar effects except under license for specific purposes. Indian delegations at UN objected to proposed policy of international cannabis prohibition. such as medical treatment and research. ´Quasi-medical useµ of opium to be abolished within 15 years and non-medical use of cannabis to be discontinued as soon as possible. .
NDPS Act quietly put on statute books with little national debate . Only provision for nonmedical cultural use within the 1985 Act was that drinks made from cannabis leaves were to be sanctioned. .
Small Opium Morphine/Heroin/Codeine Cannabis Hashish Cocaine 2 gm 5 gm Commercial 10 kg 1 kg 20 kg 500 gms . Addict A person who has dependence on any narcotic drug or psychotropic substance.Small Quantity Any quantity lesser than the quantity specified. Commercial Quantity Any quantity greater than specified by the Central Government by notification in the Official Gazette.
OTHER SCHEDULED DRUGS (+} LYSERGIDE PSILOCYBINE THC and variants AMPHETAMINE DEXAMPHETAMINE METHAMPHETAMINE METHAQUALONE METHYLPHENIDAT E PHENCYCLIDINE PCI AMOBARBITAL CYCLOBARBITAL GLUTETHIMIDE PENTAZOCINE PENTOBARBITAL SECOBARBITAL PHENOBARBITAL PHENTERM1NE CATHIONE RACEMATE ALPRAZOLAM BROMAZEPAM GAMAZEPAM CLOBAZAM CLONAZEPAM CLORAZEPATE DIAZEPAM ESTAZOLAM FLUNITRAZEPAM FLURAZEPAM HALAZEPAM LORAZEPAM MAZINDOL MEPROBAMATE NITRAZEPAM OXAZEPAM OXAZOLAM FLUDIAZEPAM BUPRENORPHIN E BUTALBITAL CATHINE ALLOBARBITAL ENCAMEFAMIN PENPROPOREX MEFENOREX MIDAZOLAM PEMOLINE PYROVAERONE SECBUTABARB1 T AL VINYLBITAI ETRYPTAMINE METHCATHIN ONE ZIPEPROL AMINOREX BROTIZOLAM MESOCARB Salts and preparation of above .
(f) involved in other illegal activities. (d) offence is committed in an educational institution or social service facility or in the immediate vicinity.Following factors for imposing a higher than the minimum punishment (a) use or threat of use of violence or arms (b) offender holds a public office and taken advantage of office (c) minors affected by offence or used for commission of offence. . (e) belongs to organised international /criminal group.
I (and/or) upto 6 months upto 10 years Fine upto Rs.000 upto Rs. purchase. inter-State import/export or usage of any psychotropic substance Quantity small quantity less than commercial but greater than small commercial quantity. possession. Manufacture. 37. Repeat offenders are liable to attract the death penalty. transport. Act gives police wide powers of search and arrest. 1 lakh not less than 10 years upto 20 years not less than Rs.10 . Offences to be cognizable and non-bailable.defendant is presumed guilty unless proven otherwise.2 lakh (+) Burden of guilt on the accused . 1 lakhupto Rs. R. sale. .
upto one year. Whoever consumes any narcotic drug(cocaine. 20. . diacetyl-morphine etc.I . and/ or fine upto Rs. morphine. R.) or any psychotropic substance as specified in Official Gazette shall be punishable.000.
export from India or tran-shipment shall be punishable with death.Any person who has been convicted of commission or attempt to commit. or criminal conspiracy to commit. Is subsequently convicted of : (a) production. possession. or abetment of. any of the offences punishable under section 15 to section 25 (both inclusive) or section 27A. transportation. import into India. manufacture. .
. Immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction. charged with an offence involving small quantity. Any addict. voluntarily seeks to undergo medical treatment for de-addiction from a hospital or an institution maintained or recognized by the Government or a local authority and undergoes such treatment shall not be liable to prosecution under section 27 or under any other section for offences involving small quantity of narcotic drugs or psychotropic substances.
SECTION 31 Enhanced punishment for offences after previous conviction..And More. SECTION 8 Prohibition of certain operation (cultivation and manufacturing of drugs).. . SECTION 37 Offences are to be coginizable and non-bailable. SECTION 50 Conditions under which search of persons shall be conducted.
2007 .Opium accounted for a large part of India's economy Opium den. Udaipur.
if cannabis. The circumstances surrounding its use between consumption for personal use Addiction mall scale pending and large scale national or international traffic ing ultural and traditional use of drugs cannot be legislated out of e istence The act cannot be enforced in practice as such.Criticism Does not provide satisfactory distinction or sufficient discretion in sentencing between the type of drug being used or sold. .
Anticipatory Bail: The Act is silent to the extend the anticipatory bail to the prospective accused. . Bail: The pre conditions imposed for grant of bail are still vague and hazy.Loopholes Remand orders: The judicial magistrate cannot remand an arrestee for more than a period of 50 days. Small quantity: The exact definition of small quantity not specified under the act.
Sheikh was found with nearly 400 kg of methaquolone powder and in 2005. which makes him liable for capital punishment. In 1997. However. Sheikh was only sentenced to 15 years imprisonment by the special court. He was convicted under the stringent Act for the second time. .Drug Dealer Escapes Noose Via Loophole In The Law A technicality in the NDPS Act has allowed 56-year-old Shabbir Sheikh to escape the death penalty. the NCB seized 65 kg of methaquolone from him.
due to a loophole in the NDPS Act. So. . since the concept of 'commercial quantity' did not exist in the NDPS Act during his first conviction Sheikh could not be awarded capital punishment.However Sheikh's lawyer. argued that under Article 20(1) of the Constitution 'no one can be convicted for an offence that did not exist'. he said. Therefore. Shabbir Sheikh was allowed to walk free. This loop hole was removed in the Amendment of the Act in 2001.
January 27 : ´ Heroin was deposited to the narcotics Control Bureau by the border security force as unclaimed contrabandµ . January 24 : ´ Heroin was part of a haul in Chandigargh in 2008µ January 2006 : ´ Heroin came from Pakistan via Jammu.According to ATS ( Anti Terrorism squad) officials . 2009 and had changed his statement three times since then. IPS officer Saji Mohan was arrested for drug trafficking on January 24.
555 and Peerzadalablled heroin which indicated that it was from Pakistan 4. He could face 10 years upto life imprisonment. There is a theory that saji·s team in chandigargh had seized 52 kg of heroin in 2007 but showed a recovery of 8kg. Saji had allegedly bought this consignment and stashed it in Gauravs flat. He has been booked under section 8 (1) (c)and 21 of the NDPS Act. However Vicky had been arrested on January 17th and it was his questioning that led to Mohan·s arrest. The ATS seized 25 kg of heroin from a flat in Nalanda building in Naigaon near vasai. The consignment was in milk packets and bore markings like B52. belonging to PrakashPatil. 3. 2. 8. however he has not been presented in court till date. 5. 6. Saji had intended to collect his share of money from vicky who had offloaded an earlier consignment comprising 1. Saji was arrested from Classique club in oshiwara where they found 12kg of heroin with him . .Sequence of events 1. 7. son of Vicky oberoi who is also one of the accused in the case. was rented to Gauravoberoi .8kg of heroin. Police following all leads icluding those which lead to Jammu where saji was posted in the initial years of his career. The flat.
purchases. transport. warehouse. export from India or transship any narcotic drug or psychotropic substance. . purchase. use. sells. possess. transports. consume.Section 8 (1)(c ) : prohibition of certain operations No person shall : Produce. Whoever. sell. export interState. imports inter-State. manufacture. import inter-State. import into India. Section 21 : Punishment for contravention in relation to manufactured drugs and preparations. manufactures. possesses. exports interState or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable. in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder.
.prevailing social acceptance even for frequent self-induced intoxication the high revenues earned by the Government on the sale of alcoholic beverages prevalence of illicit and locally brewed undistilled forms of alcohol is very high in society there may be differences in the clinical course of alcohol dependence contrary to other drugs like opium which have been included in NDPS.
investigation or survey in respect of any person. or used in. books of account in any bank or public financial institution or any other relevant matters. This chapter is in fact a mini Act within an act. . Every officer empowered under section 53 and every other officer in charge of a police station . shall proceed to take all the steps necessary for tracing and identifying any property illegally acquired by such a person. place. A report shall be submitted to the competent authority not later than six months from the date of arrest of any person under the Act. assets. It shall be carried out in in accordance with such directions or guidelines as the competent authority may make or issue in this behalf. documents. It may include inquiry. The legislature incorporated Chapter V ²A to deal with forfeiture of property derived from. property . illicit traffic of dugs.
Conclusion The implementation of NDPSA 1985 is handed by various agencies : Narcotic Control Bureau. lack of coordination among different agencies. Customs and Central Excise. Directorate of Revenue Intelligence. judiciary. hospitals lack amenities and expertise for treating the drug addicts. Border Security Force and other Central agencies and several State agencies. Only a concerted effort on the part of the law enforcement agencies. Non-governmental organizations and community would help in combating the menace of drug problem in the country. central Bureau of Narcotics. Government organizations. . The supply of drugs within some hospitals is being continued which hinders proper treatment of the drug addicts. The number of drug addicts pouring in the hospitals has been on the increase.
Group number 1 Sanna Daya : 8 Yash Gilitwala : 12 Forum Jain : 16 Paayal Khanna : 20 Komal Lulla : 24 Harsh Pherwani : 134 .
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.