Narcotic Drugs and Psychotropic Substances Act 1985

05 Oct 2021

Over 72,000 cases were registered across the country under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, that is, more than 8 cases every hour through the year.

About Narcotic Drugs and Psychotropic Substances Act, 1985

It was enacted in 1985 to fulfill India's treaty obligations under the Single convention on Narcotic Drugs and Psychotropic Substances, United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
It 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.
The NDPS Act regulates and bans use of any drugs except for medicinal purposes, prescribing stringent punishment for violators

Objectives

To take measures for preventing, combating 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 all the relevant matters.
To add or omit the list of psychotropic substances

Applicability

The NDPS Act prohibits a person from manufacture / production / cultivation/ possession/ sale / purchase / transport / store / consume any narcotic drug or psychotropic substance without due permission from the appropriate authorities.

Narcotic Drugs

Narcotic Drug means coca leaf, cannabis (hemp), opium, popy straw and includes all manufactured drugs.

Psychotropic Substances

Psychotropic substance means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule.

Essential Narcotic Drug

Itincludes isomers, within specific chemical designation, the esters, ethers and salts of these drugs, including salts of esters, ethers and isomers, whenever existence of such substance is possible and any other narcotic substance or preparation which the Central Government may, by notification in the Official Gazette, declare to be a manufactured drug.
The term ‘essential narcotic drug’ has been inserted by NDPS (Amendment) Act, 2014 vide SRO 1183(E), dated 30.4.2014.
Examples: Codeine, Hydrocodone, Oxy-codone, Fentanyl, Methadone and Morphine.

Punishment for Possession/Use of Drugs under NDPS Act

Punishment prescribed under the NDPS Act is based on the quantity of drugs seized. Following amendments, it “grades punishment into three categories depending on the quantity of drugs seized and also provides for judicial discretion as far as the severity of punishment is concerned".
To take the example of cannabis, the punishment for the cultivation of any cannabis plant may extend to rigorous imprisonment for up to 10 years and can also involve a fine which may extend to Rs 1 lakh.
Further, the production, manufacture, possession, sale, purchase, transportation and illegal trafficking of cannabis envisages punishment based on the quantity seized.
Thus, punishment for the seizure of a “small quantity" of cannabis can involve rigorous imprisonment of up to one year and include a fine of up to Rs 10,000. When the seizure is of a “quantity lesser than commercial quantity but greater than small quantity", the convict can be awarded rigorous imprisonment of up to 10 years and be asked to pay a fine of up to Rs 1 lakh.
Possession of a commercial quantity of cannabis is to be punished with rigorous imprisonment for a term that “shall not be less than 10 years but which may extend to 20 years" while a fine “which shall not be less than one lakh rupees but which may extend to two lakh rupees" can also be imposed with the court authorised to also “impose a fine exceeding two lakh rupees".
In Section 27, the Act also deals with punishment for consumption of “any narcotic drug or psychotropic substance", laying down that when the drug consumed is “cocaine, morphine, diacetylmorphine or any other narcotic drug or any psychotropic substance", the punishment would involve “rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees".
For any other drug not included in the above list, the punishment will be for up to six months, and can include a fine of up to Rs 10,000.
The Act takes a serious view vis-a-vis repeat offenders, prescribing rigorous imprisonment of up to “one and one-half times of the maximum term" of imprisonment for that offence and also a fine “which shall extend to one and one-half times of the maximum amount" of fine.
Repeat offenders are also liable to even face the death penalty if they are convicted again of a similar offence depending on the quantity of drugs seized.