Important Sections under the NDPS Act

Overview of the Narcotic Drugs and Psychotropic Substances Act:

Before the adoption of the NDPS Act, there was no formal regulation of drugs and narcotics in India, hence the regulation was primarily carried out through three acts of the Central Government: the Opium Act, 1857 (XIII), the Opium Act, 1878 (I), and the Dangerous Drugs Act, 1930. (II).  Cannabis smoking was described and regarded as a form of recreation on par with drinking alcohol throughout the Atharva Veda. Up until 1985, marijuana, hashish, and other cannabis derivatives including bhang were allowed in the nation. The UN Single Convention on Narcotic Drugs (1961), UN Convention on Psychotropic Substances (1971), and UN Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), all of which prescribe a variety of measures to achieve the dual goals of restricting the use of narcotics and psychotropic substances for medical and scientific purposes and preventing their abuse.  The Indian government is a signatory to all three of these conventions. When enacting the NDPS act and Article 47 of its Constitution, India took into consideration its responsibilities under the three UN drug agreements. The Act applies to the entire country of India, all Indian nationals residing abroad, as well as everyone traveling on ships and airplanes with an Indian registry. India was one of the first developing nations to create a National Drug Policy (NDP) in order to increase access to medications for those with little financial resources, despite the fact that pharmaceutical firms have steadily taken over the market through doctor’s prescriptions. The Indian government passed a drug price control order (DPCO) in 1963 to restrict medicine costs on the market. DPCO had minimal impact, although a lot of pharmaceutical companies left thenation. As a result, China began to replace India as the country of origin for some medications. DPCO underwent a significant reorganization in 2013. Due to the fact that there were no new investments made in 2013, DPCO was seen as more favorable to non-controlled products. Initial uses of opium and morphine for medical purposes during the American Civil War resulted in opiate addiction. Veterans of these wars who had taken part developed drug addictions, which resulted in the label “soldier’s illness.” Although hemp (marijuana) cultivation had been completely outlawed in 1937, various nations quickly realized they still needed it during the Second World War for essentials like rope and cordage. The Single Convention on Narcotic Drugs was opposed by the Indian government (1961). As a result, the convention agreed that India would have a 25-year grace period during which time it could solely use cannabis for research and medical purposes. India had a duty to cooperate with international delegations because of the politically sensitive nature of the situation. This compelled the Indian government to outlaw the drug’s pervasive use. As a result, the NDPS Act passed on November 14, 1985, effectively ended the use of all narcotic substances in India....

Aim and Objectives of the NDPS Act:

The NDPS was implemented in order to accomplish the following goals:...

Important Definitions:

1. Narcotics:...

Punishments under the NDPS Act:

The NDPS Act specifies a range of punishments based on the number of narcotics found. The harshness of the punishment will vary depending on the offense. If the narcotics were used for personal use, the punishment can be lessened. In response to changes, it now categorizes punishment into three groups based on the number of drugs found and gives judges discretionover the harshness of the sentence....

Amendments to the NDPS Act:

Narcotic Drugs and Psychotropic Substances (Amendment) Act,1988 (2 of 1989), 1989: The NDPS Act has undergone a significant revision that includes harsher guidelines and the insertion of Section 27A for financing illegal activity. Production, possession, sale, purchase, transit, warehousing, and anyone detained under section 27A is all considered to be involved in trafficking illicit narcotics. Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001: This updated law aims to rationalize sentences by improving their objectivity. Addicts could now negotiate the law more easily, and bail was also liberalized. Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014: The NDPS Amendment 2014 went into effect on May 1st, 2014. The NDPS Act’s Section 71 outlines how drug cases should be handled, including the regulations for treatment facilities. The Act’s high-level offenses were subject to harsher penalties as a result of the earlier changes, which also made drug use illegal. Morphine producers just need a single license from the relevant State Drugs Controller, as opposed to the previous process that required numerous permits with various validity periods and lengthy stages. The amendment prevented state-by-state disagreement by achieving uniform regulation across the nation. Patients now have easier access to a number of necessary drugs that are utilized in pharmaceutical formulations, including morphine, fentanyl, and methadone. As a compromise, the death penalty was changed to a specific 30-year term for repeat offenders found guilty of trafficking substantial amounts of drugs. The maximum punishment for “small amount” offences has now been increased from 6 months to 1 year as a result of this revision. Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021:The Narcotic Drugs and Psychotropic Substances (Amendment) Bill, 2021 was presented in the Lok Sabha on December 6, 2021. The Narcotic Drugs and Psychotropic Substances (Amendment) Ordinance, 2021 will be replaced by it. The bill amends the Narcotic Drugs and Psychotropic Substances Act, 1985 to fix a drafting error. The Act describes the laws and standards governing specific activities involving narcotic and psychotropic substances (such as their production, transportation, and consumption). When the Act was revised in 2014, the definition of unlawful activity was altered. The language in this section, which still makes reference to the preceding clause number about the penalties for funding such illegal actions, was not changed. There is a new clause added to the section on penalties in the Bill....

Important Sections under the NDPS Act:

1. Section-3...

Bails under the Narcotic Drugs and Psychotropic Substances Act:

In terms of law, it has long been recognized that a lax approach to opioids and psychoactive drugs is wrong. When an accused person requests bail for an offense under the NDPS Act, certain criteria set forth by the Supreme Court in its various judgments must be taken into account. As a result, bail is handled differently in drug cases than it is in other situations. In general, jail is an exception to the rule and bail is a rule, however, in cases involving NDPS, jail is an exception to the rule and bail is a rule. The NDPS Act’s Section 37 addresses the topic of cognizable and non-bailable offenses, it should be mentioned. No person accused of an offense punishable under the NDPS Act will be released on bail or his bail unless certain conditions are met, according to Section 27 of the NDPS Act, which states that all offenses punishable under the Act are cognizable. Provision 19 or Section 24 or Section 27A, as well as other offenses, are covered by this section.Before being granted bail under the Act, the following requirements must be satisfied:...

Presumption of culpable mental state in the NDPS Act:

The “Presumption of Innocence,” a cornerstone of criminal law, holds that an accused person is innocent until and unless proven guilty. This indicates that the party accusing you has the burden of proof. The NDPS Act’s Section 35 addresses the assumption of an accused’s culpable mental state. This suggests that the prosecution will move on since the court will assume that the accused is in such a mental state. “In this part, a culpable mental state encompasses intention, motive, knowledge of a fact, and belief in, or cause to believe in, a fact,” reads the explanation under this provision. Accordingly, the NDPS Act mandates that a person accused to demonstrate that he did not carry out the unlawful act....

Conscious Possession of Drugs under NDPS Act:

The phrase “conscious possession” is not used explicitly in the NDPS Act, but it has been defined in a number of court rulings based on the particular needs and circumstances of each case. The following is stated in Section 35 of the NDPS Act:...

Conclusion:

India’s drug problem is considerably worse than it seems. Ganja, charas, and other psychoactive drugs were utilized in ancient India for psychotherapy, pain treatment, and other therapeutic purposes. Prior to 1985, there was no law in India that made drug possession or use illegal. Now, it’s crucial to remember that the NDPS Act has various provisions that outline harsh penalties. For more serious offenses, the right to bail cannot be granted, as stated in Section 37. This statute was more stringent than the Unlawful Activities (Prevention) Act of 1976 (UAPA), and as a result, the courts tended to be unwilling to release offenders on bond.Many laws are made to address societal issues, but when they are applied incorrectly, they can have harsh consequences. When laws are increasingly restrictive, draconian legislation is more likely to appear. The NDPS has the potential to be abused even more given how stringent it is. The courts must therefore make sure that the law is not used as a weapon and that justice is served to all societal groups....