ALCOHOLISM, DRUG ADDICTION AND CRIME

INTRODUCTION
• Alcoholism and drugs have been the biggest concern which is doing harm to the society as well
as the youth.
• The drugs are mostly consumed by young people as they are unaware of the consequences and
vulnerable to drug use.
• Drug injection or any type of drugs like heroin, cocaine, marijuana etc.
• Many drugs contain opioid narcotics in which the individual who takes heroin first they enjoy
the pleasure that it gives, however, day by day the individual might suffer from the serious issue
like nausea.
• However, alcoholism has also been a major health issue for people.
• It is considered as serious problems since it not only affects the person bodies but also affects
the person’s behaviour.
• The most major effect of alcoholism and drugs abuse is on the brain, which certainly affects
every other aspect of the life of the individual addicted to drugs and alcohol.
DRUG ADDICTION
• According to the UNODC Drug Report of 2016, an estimated1/4thof a billion people in the age
group of 15 to 64 years abused at least one drug in the year.
• The UNODC report also shows that in the year 2014 over 207,400 deaths caused due to drug
abuse which indicated that the deaths due to drug abuse remained unchanged from the previous
research statistics. However, this ratio is an unacceptable one and nothing effective was done to
prevent it (UNODC Drug Report, 2016).
DRUG ABUSERS AS VICTIMS OF THE CRIMINAL JUSTICE SYSTEM
• The NCRB statistics of 2014 show that over 50,000 cases are charge sheeted per year by the
police and still have a pendency of 31.7 percent by the end of the year.
• The prison statistics of 2015 shows 7227 convicted under NDPS cases all over India and 15959
under trials under NDPS cases in the prisons all over India.
• These numbers itself highlight the overcrowding in prisons of cases of NDPS and the quanta of
cases dealt by the police. In India, the NDPS Act, 1985 continues to criminalize the drug abuser
making a victimless crime an offence towards oneself.
• The NDPS Act,1985 was formulated with a view to curb the illicit production, manufacturing,
storage, supply and consumption of substances that are banned under the law.
• All types of narcotic drugs and psychotropic substances which are used other than for medical
purposes are prohibited under this law (NDPS, 1985)
THE MAGNITUDE OF SUBSTANCE ABUSE IN INDIA – 2019 REPORT
• As per Magnitude of Substance Abuse in India 2019 report:
1. 72lakhs people need treatment for using Cannabis
2. 11 lakhs people need treatment for using sedatives
3. 60lakhs people need treatment for using Opioids.
4. It was estimated there are around 16 crore alcohol consumers in the 10-75 years age group in
India.
5. 5.7crorepeopleneededtreatmentforusing alcohol.
INDIA – SIGNATORY OF VARIOUS INTERNATIONAL TREATIES AND
CONVENTIONS TO COMBAT DRUG MENACE
• United Nations General Assembly (UNGA) on 7th December 1987, decided that 26th June of
every year will be recognized as the International Drug Day (another name for International Day
against Drug Abuse & Illicit Trafficking). India is a signatory of the following international
treaties and conventions to combat the menace of Drug Abuse
1. United Nations (UN) Convention on Narcotic Drugs (1961)
2. United Nations (UN) Convention on Psychotropic Substances (1971).
3. United Nations (UN) Convention against IllicitTraffic in Narcotic Drugs and Psychotropic
Substances (1988)
4. Transnational Convention Crime (2000)
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT (NDPS ACT), 1985
• The Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985 was passed with the
intent of controlling drug abuse and prohibiting the use, distribution, manufacture, and trade of
drugs. Narcotic drugs are those that induce sleep, whereas psychotropic substances are those that
react with the mind and change it positively. The Parliament of India passed the NDPS Act on 14
November 1985. These types of drugs have their place in the practice of medicine.
Consequently, the Act includes provisions for the cultivation of cannabis, poppy, and coca plants
as well as the manufacturing of psychotropic substances in connection with the cultivation of
these plants.
• Its primary objective is to regulate the manufacturing, possession, sale, and transportation of
drugs that are considered narcotics or psychotropic. As a result of this act, 200 psychotropic
substances are prohibited from sale to walk-in customers. Prescriptions are required to obtain
these drugs. There have been multiple amendments to the law since it was established.
Additionally, NDPS does not differentiate between drug users, drug dealers, and hard-core
criminals involved in this trade. An individual is prohibited from manufacturing, producing,
cultivating, possessing, selling, purchasing, transporting, storing or consuming any drug or
substance that is considered narcotic or psychotropic without permission from the appropriate
authorities.
AIM AND OBJECT OF THE NDPS ACT
• To achieve the following objectives, the NDPS was enacted:
1. To amend and consolidate the laws governing the use and possession of narcotic drugs.
2. To establish stringent provisions for the control, regulation, and supervision of the illegal
possession, sale, transit, and consumption of narcotic drugs and psychotropic substances.
3. To provide a mechanism for forfeiting narcotic drugs and psychotropic substances, as well as
the properties derived from, or used in, illicit drug trafficking.
4. To establish a mechanism for the implementation of the provisions of the International
Convention on Narcotic Drugs and Psychotropic Substances, as well as for other purposes
connected therewith.
IMPORTANT DEFINITIONS UNDER THE NDPS ACT
• Defining narcotics as a legal concept is very different from describing them medically as a
sleep-inducing agent. Narcotic drugs are defined by Section 2 (xiv) of the Act as coca leaf,
cannabis (hemp), opium, poppy stems, derivatives/concentrates of any of these substances, and
other substances notified by the government in its official gazette.
• In accordance with S.O. 1350 (E) dated 13.3.2019, certain additions to substances, salts, and
preparations thereof have also been declared manufactured drugs, together with the existing
notified manufactured drugs.

• Narcotics are substances that reduce the effectiveness of the senses and soothe discomfort.
• In the past, ‘narcotics’ term was generally considered as something that constituted all drugs,
but nowadays, the term’s meaning has been changed to heroin, heroin derivatives, and their
semi-synthetic versions.
• There is also the term Opioid that describes these medications. A few examples include heroin
and prescription drugs such as Vicodin, codeine, morphine, etc.
PSYCHOTROPIC SUBSTANCES
• Further, the term ‘psychotropic substances’ is used to refer to any substance which modifies the
mind.
• In Section 2(xxiii), ‘psychotropic substances’ are defined as any substances, whether natural or
synthetic or any natural derivative or for that matter any preparation of such substance or
derivative on the list of psychotropic substances specified in the Schedule of NDPSAct.
• For example,Amphetamine, Methaqualone, Diazepam,Alprazolam, Ketamine, etc.
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985
• India is a participant to three of United Nation’s drug conventions.
1. The initial being the 1961 Single Convention on Narcotic Drugs,
2. The 1971 Convention on Psychotropic Substances and
3. The 1988 Convention against Illicit trafficking Narcotic Drugs and Psychotropic Substances
• The local legislation which has been enacted after almost 25 years of signing the 1961
convention when the grace time for abolishing the non-medical usage of drugs finished under the
1961 Convention. The 1985 Act has been passed in urgency without any discussion, and it
substituted the 1930 act of Dangerous Drugs Act, however, the Drugs and Cosmetics Act, 1940
remained as well as still continues to apply. The Act of 1985 was amended trice in 1989, 2001
and in 2014. The NDPS Act placed a constraint on cultivation, production, sale, purchase,
possession, usage, consumption, import, as well as the export of narcotic drugs and psychotropic
substances excluding when they are utilized for a scientific purpose or medical usage.
SIGNIFICANT ASPECTS RELATING TO THE NDPS ACT
• Under the NDPS Act, the sentencing of punishment is reliant on the substance as well as its
quantity found.
• The harshness of the NDPS Act is very obvious from the circumstance that the death penalty
was also included as a form of punishment under theAct.
PUNISHMENT UNDER THE NDPS ACT
• The NDPS Act prescribes punishment according to the quantity of seized drugs. Depending on
the severity of the offence, the degree of punishment will vary.
• A lesser punishment may be imposed if the drugs were used for personal purposes. In response
to amendments, it now divides punishment into three categories depending on the number of
drugs seized, as well as allowing judicial discretion in terms of punishment severity.
• In the case of cannabis, punishments for the cultivation of the plant may include rigorous
imprisonment for up to ten years, in addition to a fine that may be as high as Rs 1 lakh.
• Further, persons who produce, manufacture, possess, sell, purchase, transport, and traffic in
illegal cannabis are subject to punishment depending on the amount seized.
• Accordingly, if found in possession of a “small quantity” of cannabis, detention can result in a
rigorous prison sentence of up to one year with a fine of up to Rs 10,000.
• As long as the quantity is less than a commercial quantity but greater than a small quantity, the
convict may face an intense jail term of up to 10 years and a fine of up to Rs 1 lakh.
• Commercial quantities of cannabis will be punishable by rigorous imprisonment for a term that
shall not be less than 10 years but may extend to 20 years.
• A fine of not less than one lakh rupees extending to two lakh rupees can also be imposed along
with the court being able to issue a fine of more than two lakh rupees.
• The Department of Revenue defines a “small quantity” of cannabis as possessing less than 1
kg, while a “commercial quantity” would be 20kg or more.
AMENDMENTS TO THE NDPS ACT
• Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989) 1989
• A major amendment to the NDPS Act has been made, providing stricter provisions and the
addition of sections for financing illicit traffic under Section 27A. Trafficking in illicit
substances includes production, possession, sale, purchase, transportation, warehousing, and
anyone booked under section 27A.
• Narcotic DrugsAnd Psychotropic Substances (Amendment)Act, 2001
• The purpose of this amended act is to rationalize sentencing by making it more objective. The
law was now easier for addicts to navigate, and bail was liberalized as well.
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT,
2014
• On May 1, 2014, the NDPSAmendment 2014 came into effect.
• Section 71 of the NDPS act describes how drug cases should be handled, including treatment
facility rules. As part of the previous amendments, high-level offences under theAct were
penalized more severely along with criminalizing the consumption of drugs.
• In contrast to the earlier procedure which required long steps and multiple licenses of different
validity periods, morphine producers only need a single license from the respective State Drugs
Controller.
• As a result of the amendment, a uniform regulation was achieved across the country, preventing
state-by-state conflict. Several essential narcotics that are used in pharmaceutical preparations,
such as morphine, fentanyl, and methadone, have been made more accessible to patients.
• As a compromise, the death penalty for repeat criminal convictions for trafficking large
amounts of drugs was reduced to a discrete 30-yearsentence.
• After this amendment, the maximum penalty for “small quantity” offences has been raised from
6 months to 1 year.
SECTION 27
• Various punishments are laid out in this section for the consumption of narcotic drugs or
psychotropic substances, such as harsh imprisonment up to 1 year, or a fine that could reach
twenty thousand rupees, or both, and upon consumption of a narcotic drug or psychotropic
substance other than cocaine, diacetyl-morphine, or any other narcotic drugs or psychotropic
substances, a prison term up to 6 months may be imposed, or a fine of Rs 10,000 may be
imposed, or both.
GAUNTER EDWIN KIRCHER V. STATE OF GOA
• The Court held that in order to satisfy Section 27, the following requirements must be met:
1. An individual has been found in possession of any narcotic drug or psychotropic substance,
even if the quantity is ‘small’;
2. The possession of such goods should, therefore, be in violation of any provision of the Act,
any rule or order made under it, or any permit issued thereunder; and
3. Any such narcotics or psychotropic substances that were in his possession were intended for
his personal use and not for resale/distribution.
SECTION 36A
• Aclause in Section 36Aof the NDPS Act called ‘non-obstante’empowers the Special Court to
hear cases punishable by imprisonment for more than three years. This provision is intended to
ensure speedy trials. Following are some of the features:
1. Under the NDPS Act, the government can set up Special Courts to speed up the prosecution of
offences.
2. Through a notification to the official gazette, it will be set up in particular areas or areas.
3. The Special Court shall be considered to be a Court of Session.
4. There shall be one judge of the Special Court, who will be appointed by the government with
the concurrence of the Chief Justice of the High Court. To qualify for an appointment as a
Special Court judge, a judge must first be a sessions judge or additional sessions judge.
Cont…
• Under the NDPS Act, all of the offences punishable with a term of imprisonment over three
years can be tried by a Special Court.
• By reviewing a police report or a complaint made by a state official or a central official, a
Special Court will determine whether there was an offence.
• Besides the offenses under the NDPS Act, the Special Court has also been empowered with the
authority to try an accused who has also been accused of other criminal offences under the Code
of Criminal Procedure, 1973 (CrPC).
• Proceedings before a Special Court will be governed by the provisions of the CrPC, including
those pertaining to bail and bonds.
• In the case of a Special Court, the person prosecuting the case shall be considered a public
prosecutor.
BAIL UNDER THE NDPS ACT
• As a matter of law, it is well established that a liberal approach in the area of narcotics and
psychotropic substances is inappropriate.
• The Supreme Court has laid down parameters in its various judgments through which it has
been provided as to what is required to be considered when the accused is seeking bail for an
offence under the NDPSAct.
• Accordingly, bail is treated differently in narcotics cases than it is in general. Generally, bail is
a rule and jail belongs to the exception category, whereas, in cases of NDPS, jail belongs to the
rule category and bail belongs to the exception category.
• It should be noted that Section 37 of the NDPS Act deals with the issue of cognizable and non-
bailable offences. In Section 27 of the NDPS Act, it is stated that all offences punishable under
the Act are cognizable and that no person accused of an offence punishable under the Act will be
released on bail or his bail unless certain conditions are met.
• This section applies to offences under Section 19 or Section 24 or Section 27Aand also to
offences that involve commercial quantity.
UNION OF INDIA V. RAM SAMUJH AND ORS. (1999)
• “….It should be borne in mind that in a murder case, the accused murders one or two persons,
while those persons who are dealing in narcotic drugs are instrumental in causing death or in
inflicting death−blow on several innocent young victims, who are vulnerable; it causes
deleterious effects and a deadly impact on the society; they are a hazard to the society; even if
they are released temporarily, in all probability, they would continue their nefarious activities of
trafficking and/or dealing in intoxicants clandestinely.”
THE FOLLOWING CONDITIONS MUST BE MET BEFORE BAIL CAN BE GRANTED
UNDER THE ACT:
• The accused has reasonable grounds to believe that he is not guilty of the offence.
• The fact is that if bail is granted, the defendant is unlikely to commit any crime while out on
bail.
STATE OF KERALA V. RAJESH
• the Apex Court observed that, “The scheme of Section 37 reveals that the exercise of power to
grant bail is not only subject to the limitations contained under Section 439 of the CrPC but is
also subject to the limitation placed by Section 37 which commences with a non−obstante
clause.”
• Under said section, the operative part is in the negative form which prescribes that no person
accused of commission of an offence under the Act is entitled to an extension of bail unless both
of the following conditions are met:
1. The prosecution must have a chance to object to the application.
2. The decision can only be made if the court is satisfied that there are reasonable grounds to
believe that he is not guilty of the offence.
HAKIM PILLAV. THE STATE OF RAJASTHAN S.B (2019)
• The court noted that section 37 of the NDPS act is titled ‘offences to be cognizable and non-
bailable.
• The section, however, begins with a non-obtante clause that states that whatever offences are
punishable under the act will be cognizable. The legislation does not prohibit bail for every
crime.
• There are also offences under other laws discussed in schedule i of the crpc. In part II of the
first schedule, item no.3 stipulates that if the offence in question is punishable with imprisonment
for less than three years under other law, it is bailable and non-cognizable.
RHEA CHAKRABORTY V. THE UNION OF INDIA AND ORS. (2020),
• The supreme court took precedents from the state of Punjab v. Baldev Singh (1999). According
to the court, section 37 of the Punjab incarceration act makes all offences under the act to be
cognizable offences and non-bailable offences as well as provides stringent conditions for the
grant of bail. Relying on the same, justice Kotwal noted that “the situation has not changed since
1999 when these observations were made by the Hon’ble supreme court”.
• These observations are therefore applicable to today’s scenario with greater force, which is why
the Hon’ble supreme court’s ruling in Baldev Singh is binding and all offences under the NDPS
act are non-bailable.
CONSCIOUS POSSESSION OF DRUGS UNDER THE NDPS ACT
• It can be concluded that conscious possession means having a mental state of possession at the
same time as having physical possession of the illegal substance. • Under criminal law, the
elements of ‘Actus Reus’ and ‘Mens Rea’ are essential elements of a criminal offence. •
Similarly, under the NDPS Act, the physical and mental possession of drugs are essential
elements to constitute an offence.
GUNWANTLAL V. THE STATE OF M.P.
• It was pointed out that possession in a given instance need not necessarily be physical, but
maybe constructive such that the person who physically holds it, shall be subject to such power
or control. ‘Possession’refers to the right to possess.
DHARAMPAL SINGH V. THE STATE OF PUNJAB (2010)
• It was discovered that the co-accused was driving a car that contained 65 kilograms of opium.
• It was acknowledged by the court that the automobile was not a public conveyance, therefore it
could not be said that the passenger was in conscious possession of the recovered substance.
• Further, it was stated that once possession is established, the court may presume that the
accused possessed a culpable state of mind and the offence was committed.
MADAN LAL AND ORS. V. STATE OF HIMACHAL PRADESH (2003)
• It was held by the Hon’ble Supreme Court that once possession of narcotic or psychotropic
substances is established then it would be presumed that the possession is conscious possession,
and the defense has to prove that it was unconscious possession.
• Sections 35 & 54 of the NDPSAct provide statutory recognition to this position.
GIAN CHAND AND ORS. VS. STATE OF HARYANA(2013)
• Hon’ble Supreme Court held – “Once possession of contraband articles is established burden
shifts onAccused to establish that he had no knowledge of same.”
• Hanif Khan @ Annu Khan Vs Central Bureau Of Narcotics(2019)–Hon’ble Supreme Court
held, Narcotics Drugs and Psychotropic Substances Act carries the reverse burden of proof, it
does not absolve the prosecution from establishing a prima facie case against the accused.
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