ANALYSIS OF NDPS ACT

INTRODUCTION

India also known as the land of Shiva, has inherited cultural routes with most mysterious and
eccentric ways of worshiping lords. One of these is using bhang a form of cannabis for celebrating
religious festival named as Shivaratri. “Soma” is a Sanskrit word which also means intoxicating, a
property induced by narcotic drugs, which have been used as “soma ras” since centuries described
in many literatures too. Apart from cannabis, opium is also offered at akha teej, a ceremony, which
is celebrated to strengthen family bonding. 1 Unlike western countries India has a cultural
connection of adapting certain natural forms of narcotic substances for celebrating some religious
festivals. Thus, this cultural difference is an important aspect to be considered while framing and
forcing any drugs laws in India.

Narcotic Drugs and Psychotropic Substances Act also commonly termed as the NDPS Act, made
with the purpose to control drugs of abuse and prohibit its use, dissipation, distribution,
manufacture, and trade of substance of abuse. Narcotic drugs are those which induce sleep while
psychotropic substances have the ability to alter the mind of an individual. NDPS Act came into
existence on 14 November 1985 by Parliament of India.2 Although, as these kinds of drugs have
their importance in the practice of medicine. Thus, the act also has provisions for the cultivation of
cannabis, poppy, or coca plants and manufacture of any psychotropic substances dealing with the
medicinal practices. Main agenda of the act is to have a control on manufacture, possession, sale
and transport of such narcotic and psychotropic substances.

The act bans around 200 psychotropic substances resultant upon these drugs are not available over
the counter for any walk in individual. These drugs are on sale only when prescription for the same
is available. Violation of this law may result into punishment including rigorous imprisonment or
fine or both.3 The degree of punishment is dependent upon the harshness of the case being dealt
with. If the drugs are used for personal use then the punishment may be lesser. Although since the
establishment of the law, it has been amended time and again. But due to the availability of
synthetic drugs and issues relating to street drugs and designer drugs, the problem in dealing with

1
http://articles.timesofindia.indiatimes.com/2012-11-10/india/35033489_1_bhang-marijuana-for-medical-purposes-
charas accessed on August 28, 2019.
2
Sahoo, Saddichha, et al. “Why Is Alcohol Excluded and Opium Included in NDPS Act, 1985?” Indian Journal of
Psychiatry, vol. 49, no. 2, 2007, p. 126.
3
Malik, Surendra, and Sudeep Malik. Supreme Court on Narcotics and Drugs: With the NDPS Act and Rules. 2011.
new drugs having the nature of substance of abuse is a difficult task. 4 Besides NDPS also lacks in
differentiating among users, drug peddler and hard core criminals in this drug trade.

Causes of Drug Abuse in India:

1. Geographical Location:

 A major factor making India vulnerable to drug trafficking and consequent drug abuse is its
geographical location- it lies in close proximity to the major opium producing regions of South
West and South East Asia known as the ‘Golden Crescent’ and the ‘Golden Triangle’,
respectively. It makes India vulnerable to transit, trafficking and consumption of Opium
derivatives in various forms along the known trafficking routes.
 Further cannabis (ganja) also grows unaided in many parts of the country. It has also been
reported that it is cultivated in hilly terrains in some parts of the country

2. Easy Availability:

 Cheap and easy availability due to cross-border smuggling of drugs is a major reason for
increasing drug abuse in India.
 For example, according to UNODC World Drug Report 2016, the retail prices of cannabis is
the lowest in India

3. Risk factors contributing to drug abuse:

 Unstable home environment; poor relationship with family members

 Behavioural problems combined with poor parenting
 Depression, stress
 Peer pressure: Use and availability of drugs from peers

4. Role of media:

Glorification of drug abuse in media such as in series and movies- Popular media
romanticizing drug use/abuse largely influences adolescents

5. Poor implementation of the NDPS Act and law and order.

4
http://www.cppr.in/wp-content/uploads/2016/05/NDPS-Act-Room-for-greater-reform.pdf accessed on August
29,2019.
IMPACT OF DRUGS ABUSE

Health Impacts:

 Damage to organs, such as the heart, brain, and liver

 Diseases, such as heart disease, HIV, and cancer
 Development of mental illnesses, suicides
 Permanent changes to hormonal or nervous systems

Relationships:

 Family
 Family disputes; mental trauma for family members
 Domestic violence- adverse effect on women and children
Societal
 Loss of reputation, social stigma, isolation
 Lack of Societal acceptance after rehabilitation

Occupational:

 Lack of focus on task at hand leading to poor performance

 Absenteeism, loss of job

Financial:

 Incrementally high expenditure on drugs

 Increasing Debts

Crime:

 Resorting to monetary crimes to pay for drugs

 Increasing Incidences of teasing, group clashes, assault and impulsive murders
Constitutional, Legal Provisions and International agreements:

 According to Article 47, state is duty bound to prevent the consumption of intoxicating
drinks and drugs except the consumption of it for medicinal purposes which are not
injurious to health
 India is signatory to three UN Conventions regarding drugs:
1. Convention on Narcotic Drugs, 1961,
2. Convention on Psychotropic Substances, 1971,
3. Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988

Components of NDPS Act

 The act as originally passed in 1985 was spread over six chapters comprising 83 sections.
After being amended by the narcotic drugs and psychotropic substances (amendment act),
1988 with effect from 29-5-1989, the act now contains eight chapters.
 Section 2 of the act defines 36 terms [sub sections (i) to (xxix), (viia-d), (viiia), (xxiiia), and
(xxviiia)]. a number of the necessary definitions below this act include:

1. “Addict” as someone World Health Organization has dependence on any narcotic medication
or psychoactive substance.

2. “Narcotic drug” as coca leaf, cannabis (hemp), opium, flower straw and includes all factory-
made product.

3. “Psychotropic substance” as any substance, natural or artificial, or any natural material or any
salt or preparation of such substance or material enclosed within the list of psychoactive
substances (n=110). 5

4. “Controlled substance” means that any substance with attainable use within the production or
manufacture of narcotic medication or psychoactive substances or to the provisions of any
6
international convention. The Central Government has thus far notified anhydride, n
acetylanthranilic acid and alkaloid as controlled substances.

5
Rajagopal, M. R. “Access to Palliative Care: Insights into Ground Realities Post-2014 Amendment to NDPS Act.”
Indian Journal of Medical Ethics, vol. 1, no. 1, Jan. 2016, pp. 25–30.
6
Yamatani, Hide. “Racially Destructive Effects of Drug Abuse Prevention and Control Act of 1970: A Review
Summary.”
Journal of Drug Abuse, vol. 03, no. 03, 2017, doi:10.21767/2471- 853x.100055.
  Section 4 authorizes the central government to require measures necessary to stop and
combat substance abuse and illicit trafficking, together with identification, treatment,
education, aftercare, rehabilitation and social reintegration of addicts. 7 Subsection 3 of
section 4 additionally authorizes the central government to represent an authority or
hierarchy of authorities for the needs and objectives mentioned in details within the totally
different subsections. Section 6 empowers the central government to represent
anconsultative committee known as “The Narcotic medication and psychedelic substances
advisory committee” to tender recommendation on matters stated it.

 This chapter was accessorial by the 1989 modification to represent a fund to be known as
the “National Fund for management of Drug Abuse” with government and public
contributions and additionally with the sale of return of confiscate property derived from or
employed in illicit traffic with action predicated on criminal conviction.8

 The act empowers Central Government to allow and regulate by rules (i) the sale of
narcotic and narcotic derivatives from the Central Government Factories for export from
Republic of India or sale to regime or producing chemists; (ii) the manufacture of factory-
made medication, not together with manufacture of medicative narcotic or the other
preparation containing factory-made drug from materials that the maker is lawfully entitled
to possess.

 The regime could by rules allow and regulate (i) the cultivation of cannabis plant,
production , manufacture, possession, transport, import inter-State, export interstate, sale,
purchase and consumption of cannabis (Except Charas); (ii) The manufacture of medicative
narcotic or any preparation containing the factorymade drug from materials that the maker
is lawfully entitled to process; (iii) the sale of narcotic and narcotic derivatives from the
Central Government Factories for export from Republic of India or sale to regime or
manufacturing chemists;( iv) the manufacture and possession, of ready narcotic from
narcotic lawfully possessed by a disciple registered with the regime on medical
recommendation for his personal consumption.

 (Sections 15 to 40) sets out the penalties for offences underneath the Act. These offences
square measure primarily regarding violations of the varied prohibitions obligatory

7
http://lawmin.nic.in/legislative/textofcentralacts/1989.pdf accessed on August 29,2019.
8
Stolberg, Victor B. “Comprehensive Drug Abuse Prevention and Control Act.” Encyclopedia of Drug Policy.
 underneath the Act on the cultivation, production, manufacture, distribution, sale, import
and export etc. of narcotic medication and psychedelic substances. of these offences square
measure triable by Special Courts and therefore the punishments prescribed vary from
imprisonment from 10 to 20 years for initial offences to 15 to30 years for any later offences
along with dissuasive fines.

 The Act was amended in could 1989 to mandate the corporal punishment for second
offences with reference to contraventions involving over bound quantities of specified
narcotic medication and psychedelic substances.9
 The Act, however, makes a distinction between possession for private consumption and
trafficking, the penalty for the previous being restricted to between six months and one year
solely. The applying of this provision is subject to the qualification that amount|the
number|the amount} of the drug concerned within the offence ought to be a little quantity as
specified by the Central Government.10
 Punishment for cultivation of any cannabis plant and additionally for coca plant and coca
leaves is rigorous imprisonment up to ten years and additionally fine up to 1,00,000 rupees.
Penalty for consumption of any narcotic drug or psychedelic substance like hard drug,
morphine, hard drug or the other narcotic drug or any psychedelic substance specified by
Central Government by Gazette Notification is rigorous imprisonment for a term up to at
least one year or fine up to 20,000 rupees or each. 11
 Penalty for consumption of any narcotic drug or psychedelic substance however mentioned
is rigorous imprisonment for a term up to 6 months or fine up to 10,000 rupees or each. For
second and every later offence, penalty is rigorous imprisonment for a term, which can
reach one half the utmost term of imprisonment and additionally fine up to at least one half
the utmost quantity of fine.

Chapter V of the NDPS Act (Section 41 to 68) sets out the powers still because the procedures for
the investigation of offences underneath the Act.

A new Chapter, Chapter V-A, was introduced into the Act in might 1989 to produce for the
investigation, freezing, seizure and forfeiture of property derived from or non heritable through

9
http://palliumindia.org/cms/wp-content/uploads/2014/01/FAQs-Amendment-of-NDPS-2014.pdf accessed on Augfust
28, 2019.
10
Act 2 of 1989 enforced w.e.f. 29th May, 1989, Published in the Gazette of IndiaExtraordinary, Pt. II, Sec. 2, No. 59,
dated 6th December, 1988, vide S.O. 379 (E), dated 29th May, 1989, published in the Gazette of India, Extraordinary,
Pt. II, Sec 3 (ii), No.300,dated 29th May, 1989.
11
Ray, Rajat. The Extent, Pattern and Trends of Drug Abuse in India: National Survey. 2004
illicit trafficking in narcotic medication and mind-blowing substances. This Chapter prohibits
anyone from holding any property derived from medication trafficking and authorizes officers
authorized underneath the Act to analyze, determine and seize such property.

Under section 70 central and state governments ought to have relevancy international conventions
whereas creating rules. Section 71 of this act, empowers government to ascertain centers for
identification, treatment, education, after care, rehabilitation, social reintegration of addicts and for
provide, of any narcotic medication and mind-blowing substance (as prescribed by involved
Government) to the addicts registered with government and to others wherever such provide could
be a medical necessity.12

Positive Aspects of NDPS Act

A stimulating feature of the act is that the procedure of addition and deletion from the lists of
factory-made medication (narcotic drugs) and mind-blowing substances are created terribly
straightforward. No formal bill or modification is needed for the aim, and also the government has
been authorized to try to to such changes through straightforward notifications within the official
gazette on the idea of accessible info or a call underneath any international convention (sections
2.b) and 3).13

In terms of subsection 3 of section 4, the Narcotics management Bureau was originated by the
Central Government in 1986 with the broad remit to coordinate drug enforcement nationwide. The
NCB essentially functions as national arranger international liaison and because the nodal purpose
for the gathering and dissemination of intelligence and assures coordinated implementation inside
the parameters of a broad national strategy. 14

The Narcotic medication and mind-blowing substances informative committee makes important
contributions in shaping and developing a national policy and strategy and conjointly in matters of
amendments under section 2(b) for planning addition or deletion of medication and substances for
legal regulation and management. The committee conjointly provides valuable inputs for India‟s
contribution to the molding of international policy and programs.

An assessment of the Act in 2001 resulted in amendments with reference to the length of
imprisonment and also the amount and sort of drug appropriated. This ensured that, wherever

12
Published in the Gazette of India, Extraordinary, Pt. II, Sec. 1, No. 75, dated 16th September, 1985.
13
Ray R, editor. The extent, pattern and trends of drug abuse in India-National survey. Ministry of Social Justice and
Empowerment, Government of India and United Nations Office on Drugs and Crime. 2004. Available from:
www.unodc.org/India/Indianationalsurvey 2004.html, accessed on August 26, 2019.
14
http://dor.gov.in/sites/default/files/NDPS-Amendment%20Act%20-%202014.pdf accessed on August 17,2019
ancient medication area unit involved, solely people with massive quantities of cannabis may be in
remission for narcotraffic and face imprisonment. More changes within the law in 2002 created two
categories that area unit supported amount appropriated. These were outlined as tiny quantities and
business quantities.

Section 31A states that anyone guilty by a competent court of criminal jurisdiction outside Asian
nation|Bharat|Asian country|Asian nation} underneath any corresponding law shall be prescribed as
if he has been guilty by a court in India. Therefore international criminals also are proscribed
effectively.

An acquaintance guilty underneath section 27 could also be free on probation underneath section
thirty-nine once linguistic communication a bond with or while not sureties, for detoxification or de
addiction from a hospital or an establishment maintained or recognized by the govt. The conviction
would stand and also the sentence remains inactive to modify him to report back on fortunate
completion of de addiction treatment inside one year. 15

The court might direct the discharge of the bad person once fortunate completion of de addiction
treatment and abstaining from the commission of any offence underneath Chapter IV for three
years. On failure to try to to thus, he would have to be compelled to serve the sentence. The facility
to issue search and arrest warrants, has in terms of Section 41 been unconditional each in
Magistrates still as in specially selected (Gazetted) officers of the Central and State Governments.
16
This can be designed to make sure each timely and effective action in response to any info and to
obviate the requirement for judicial satisfaction anytime a warrant is needed to be issued.

Under section 64 A, any addict, UN agency is charged with associate offence punishable
underneath section 27 or with offences involving tiny amount of narcotic medication or mind-
blowing substances, UN agency voluntarily seeks to endure medical treatment for de-addiction
from a hospital or an establishment maintained or recognized by the govt. or a neighborhood
authority and below goes such treatment shall not be at risk of prosecution under section 27 or the
other section for offences involving tiny amount of narcotic medication and hallucinogenic
substances. This immunity could also be withdrawn if the addict doesn't endure the whole treatment
for de-addiction.17

15
Nephrotoxicity: Nephrotoxic Potential of NDPS and NDPS Metabolites in Gunn, Wistar, and Fischer 344 Rats.”
Toxicology and Applied Pharmacology, vol. 154, no. 2, 1999, pp. 170–80.
16
Hong, Suk K., et al. “The Role of Glucuronidation inN-(3,5- Dichlorophenyl)succinimide.
17
Malik, Surendra, and Sudeep Malik. Supreme Court on Narcotics and Drugs: With the NDPS Act and Rules. 2011.
Chapter V-A, was introduced into the Act in might 1989 to produce for the investigation, freezing,
seizure and forfeiture of property derived from or non inheritable through illicit trafficking in
narcotic medication and hallucinogenic substances.

The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2011 during the
implementation of NDPS Act, some anomalies are detected. Consequently the Narcotic medication
and hallucinogenic Substance (Amendment) Bill, 2011 aims at rectifying those anomalies and
conjointly guaranteeing any changes to strengthen the provisions of the Act.14.

Salient options of the Narcotic medication and hallucinogenic Substance (Amendment) Bill,
2011

NDPS Act follows a stratified system of penalisation – the quantum of penalisation varies looking
on whether or not the number of drug concerned in an exceedingly case is “small” or “commercial”
or quite “small” however lower than “commercial”. it's been command by the Hon„ble Supreme
Court that whereas determinative whether or not the quantum of drug concerned in an exceedingly
specific case is small/ business, etc., it's the pure drug content and not the number of drug taken,
that should be taken into account. Since the drug is nearly ne'er taken within the pure type and
“small” and “commercial” quantities are notified for preparations conjointly, it's planned to
empower the government to apprize quantities in respect of preparations of medication and
hallucinogenic substances conjointly.18

Rationalising the penalisation for consumption of opiate, hard drug and opiate [Section 27]:
Presently, the consumption of those medication involves a most penalisation of one year whereas
trafficking of tiny quantities of identical attracts most penalisation of 6 months solely. This anomaly
is planned to be corrected, by reducing the utmost penalisation for consumption of 3 drugs to 6
months.19

Repeat offences below the NDPS Act invite a penalisation of one and one half times (1.5 times) of
the penalisation for the primary offence. However, this provision has been mistakenly worded as
“one-half” of the penalty for the primary offence, rather than “one and one half times”. This
anomaly is planned to be corrected.

Whereas section 52A of the Act provides for disposal of medication throughout trial when due
certification of the inventories of identical by the competent justice, it doesn't do therefore for
“precursors” utilized in the manufacture of medication, that are answerable for seizure below the

18
Recreational use of marijuana: Always a way of life in our country - Times of India" accessed on August 27, 2019.
19
National Bureau of Standards. National Bureau of Standards (NBS). 1972, doi:10.6028/nbs.sp.367.
Act or for conveyances taken. The change proposes to permit for pre-trial disposal of precursors and
conveyances conjointly.20

Presently, no point in time is prescribed for the work officer to seem into the illicitly non inheritable
properties of trafficking and report identical to the Competent Authority. Consequently monetary
investigations in drug cases are receiving low priority. it's planned to create it necessary for the
work officer to create a report of the illicitly non inheritable properties of the person concerned in
traffic, to the territorial competent authority at intervals one hundred and eighty days of the arrest or
seizure.21 [New entry Section 57A]

The Hon„ble Supreme Court has taken this provisions of Chapter VA (including Section 68B) and
command that it's necessary to ascertain an instantaneous nexus between the properties wanted to
be confiscate and also the offence committed. It's nearly not possible to prove such a nexus because
the drug traffickers don't keep records of the medication they sell and also the manner during which
they invests the sale yield. It is, therefore, planned to outline properties happiness to traffickers,
their relatives and associates, the supply of that can't be tried and also the property of equivalent price, as
illicitly non inheritable properties by amending section 68B clause (g).

However in 1983 the Supreme Court of Asian nation declared necessary corporal punishment as
unconstitutional. During a recent call, the Bombay tribunal applied constant principle and control Section
31A of the NDPS Act to be offending of Article twenty one of the Indian Constitution. The NDPS
(Amendment) Bill, 2011 ignores the premise of invalidness of Section 31A as acknowledged by the
Constitutional Court. 22 The govt has neither abolished nor amended Section 31A within the NDPS
(Amendment) Bill, despite the findings of the Bombay tribunal on its International Journal of Pure and
Applied Mathematics Special Issue 1377 constitutional validity. This disregard of judicial orders deserves
attention of the committee.

NARCOTIC CONTROL BUREAU

 National Policy on Narcotic Drugs and Psychotropic Substances is based on the directive
principles contained in Article 47 of the Indian Constitution which directs that the State shall

20
Make cannabis consumption legal; ban is turning people alcoholic: BJD chief whip Tathagata Satpathy" accessed on
22 August, 2019
21
http://narcoticsindia.nic.in/NDPS%20Act,%201985.pdf accessed on August 29, 2019.
22
"PRS - Bill Track - The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2011 accessed on August
29, 2019.
 endeavour to bring about prohibition of the consumption, except for medicinal purposes, of
intoxicating drugs injurious to health.23
 The Narcotics Control Bureau is the apex coordinating agency. It also functions as an
enforcement agency through its zones and other-zones.

Zones located at Ahmedabad, Bangaluru, Chandigarh, Chennai, Delhi, Guwahati, Indore, Jammu,
Jodhpur, Kolkata, Lucknow, Mumbai, and Patna.

Sub-zones located at Ajmer, Amritsar, Bhubaneswar, Dehradun, Goa, Hyderabad, Imphal,

Mandsaur, Madurai, Mandi, Raipur, Ranchi and Thiruvananthpuram.

The zones and sub-zones collect and analyse data related to seizures of narcotic drugs and
psychotropic substance, study trends, modus operandi, collect and disseminate intelligence and
work in close cooperation with the Customs, State Police and other law enforcement agencies.

Narcotics Control Bureau – International Agreements

The government’s policy on the subject which flows from the above said constitutional provision is
also guided by the international conventions on the subject.India is a signatory to:

 Single Convention on Narcotic Drugs 1961 as amended by the 1972 Protocol.

 Conventions on Psychotropic Substances 1971.
 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, 1988.

Narcotics Control Bureau – Legislative Framework

The broad legislative policy in the matter is contained in the three Central Acts, viz.

 Drugs and Cosmetics Act, 1940,

 The Narcotic Drugs and Psychotropic Substances Act, 1985,
 The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

1. The responsibility of drug abuse control, which is a central function, is carried out through a
number of Ministries, Departments and Organisations.

23
"The joint campaign: Should we not legalize recreational use of Cannabis? - Times of India" accessed on August 29,
2019.
2These include Ministry of Finance, Department of Revenue which is having the nodal co-
ordination role as administrator of the Narcotic Drugs and Psychotropic Substances Act, 1985 and
the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988

3. The Narcotic Drugs and Psychotropic Substances Act, 1985 which came into effect from the
14th November, 1985 made an express provision for constituting a Central Authority for the
purpose of exercising the powers and functions of the Central Government under the Act.

4. In exercise of the powers, the NARCOTICS CONTROL BUREAU was constituted with
Headquarters at Delhi with effect from the 17th March, 1986. The Bureau, subject to the
supervision and control of the Central Government, is to exercise the powers and functions of the
Central Government for taking measures with respect to:

a) Co-ordination of actions by various offices, State Governments and other authorities under the
N.D.P.S. Act, Customs Act, Drugs and Cosmetics Act and any other law for the time being in force
in connection with the enforcement provisions of the NDPS Act, 1985.24

b) Implementation of the obligation in respect of counter measures against illicit traffic under the
various international conventions and protocols that are in force at present or which may be ratified
or acceded to by India in future.

c) Assistance to concerned authorities in foreign countries and concerned international

organisations to facilitate coordination and universal action for prevention and suppression of illicit
traffic in these drugs and substances.

d) Coordination of actions taken by the other concerned Ministries, Departments and Organisations
in respect of matters relating to drug abuse.

5. The Narcotics control Bureau is the apex coordinating agency.

It also functions as an enforcement agency through its field units located at Bombay, Delhi,
Calcutta, madras, Varanasi, Jodhpur, chandigarh, Jammu, Ahmedabad, Imphal and
Tiruvananthapuram.

24
"The joint campaign: Should we not legalize recreational use of Cannabis? - Times of India" accessed on August 29,
2019.
The Zonal Units collect and analyses data related to seizures of narcotic drugs and psychotropic
substance, study of trends, modus operandi, collection and dissemination of intelligence and work
in close cooperation with the Customs, State Police and other law enforcement agencies.

The assistance provided by the Bureau has been acknowledged by other Governments and many
international bodies.

Criticism & Amendments of NDPS act

 Over the years, this Act has been criticized as a hasty piece of legislation that had been
introduced under pressure and pointed key flaws in its functioning. Since there is no clear
definition of what is to be done with naturally found plants like cannabis, people have been
able to get away legally for consuming bhang, because even that isn’t mentioned in the Act.
 Furthermore, the Act has been criticised for not giving the necessary leeway to the medical
usage of these substances, a change that was finally made in 2014. The 2014 amendment
created a list of ‘essential narcotic drugs’.

 As mentioned before, since States have been given the power to allow the cultivation of
narcotic substances, Uttarakhand has moved towards legalizing marijuana. However,
farmers will only grow this for industrial purposes, generally to makes fibres, and not for
recreational purposes. Moreover the Uttarakhand government has also been accused of
coming down hard on drug users and handing out similar punishments, as if they were
drug suppliers. While there definitely are some flaws that can be worked on, the statute has
had an impact on modern Indian society and is very important to any debate regarding
drugs.25

 The Act should be complemented by Sensitization of the effects of drug use and also
rehabilitation of drug abusers.

Drug and Alcohol abuse has become a major concern in India. The Ministry of Social Justice and
Empowerment, is the nodal Ministry for drug demand reduction.

25
Kumar, B. V., and R. K. Tewari. The Narcotic Drugs and Psychotropic Substances: Laws of India. 1990.
  It coordinates and monitors all aspects of drug abuse prevention which include assessment
of the extent of the problem, preventive action, treatment and rehabilitation of addicts,
dissemination of information and public awareness.
 The Ministry provides community-based services for the identification, treatment and
rehabilitation of addicts through voluntary organizations. Approach and Strategy of the
Ministry-The Ministry of Social Justice and Empowerment recognizes drug abuse as a
psycho-socio-medical problem, which can be best handled by adoption of a
family/community-based approach by active involvement of NGOs/CBOs. 26 The strategy
for demand reduction is three pronged with the following:
 Training of volunteers/service providers and other stakeholders with a view to build up a
committed and skilled cadre.

What Is The Way Forward:

 Drug addicts need more medical and not jails. Putting them behind the bars without any
treatment aggravates their condition and in many cases result in suicide of the inmates. A
drug addict has to be given treatment, rehabilitation and social reintegration more than
punishments.
 Law Commission which is presently reviewing criminal justice and sentencing should make
note of the excesses and harsh punishments that NDPS Act provides and make appropriate
recommendations to abolish disproportionate penalties like capital punishment.

 National Human Rights Commission and State Human Rights Commission should take suo-
motu cognizance of the excesses committed by the enforcement agencies under NDPS Act.
 Primary Prevention envisages preventing non-users from starting drug use. It includes
raising awareness on drug related harm, specially health and social effects
 Since Children and young adults are most vulnerable to drug abuse measures should be
taken to aware children on myths surrounding alcohol and other drug use which leads to the
glamorization of these substances
 Mass media should play an important role in spreading awareness about menace of drug
abuse and not glorifying drug abuse
 Certain crop drugs which have more than 50% alcohol and opioids need to be contained.

26
http://palliumindia.org/cms/wp-content/uploads/2014/01/FAQs-Amendment-of-NDPS-2014.pdf accessed on August
28, 2019.
  Strict action is required from police officers at the excise and narcotics department to curb
the problem of drug menace in the country.
 Radical political decisions like that one of alcohol prohibition in Bihar may be another
solution. When people do not exercise self-control, a state has to step in, as part of the
Directive Principles of State Policy (Article 47).
 Education curriculum should include chapters on drug addiction, its impact and also on de-
addiction. Proper Counselling is another alternative.

There is a need to strictly implement the Narcotic Drugs and Psychotropic Substances (NDPS)
Act.

CONCLUSION

The last twenty seven years have seen rise within the combat against drug dependence particularly
the areas of policy formulation and growth of infrastructure. This can be commendable. What
currently remains to be seen is that the effectiveness and impact of the assorted measures initiated.It
is imperative to own analysis and subsequent modifications of plans and policies supported
effective analysis with none systematic analysis, plans would be simply that - plans.