Salient Features Of Narcotics Drugs And Psychotropic Substances Act

Salient Features Of Narcotics Drugs And Psychotropic Substances Act:

Introduction:

The war on drugs has resulted in more sensitive issues than in any other phenomenon in our history. It may be the cause of crimes ranging from white collar crimes to blue collar crimes. Drugs are used as a way of producing funds for terrorist activities. Therefore, it becomes a crucial area which should be taken into consideration while framing and amending laws related to drugs.

Effective laws are a necessity to fight the nuisance associated with drugs. In a period of less than a year around 14, 564 people got arrested under the NDPS Act in Punjab with almost one third prisoners were arrested in criminal cases related to drugs. To deal with the current situation our government came up with special drives discouraging drug abuse.

India is one of the members of three United Nations drug conventions -1961 Single Convention on Narcotic Drugs, 1971 Convention on Psychotropic Substances and 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic.These treaties came in effect in 1980s after a lot of debate on abolishing nonmedical use of opium and cannabis

About the act:

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.

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 object of the act is to have a control on manufacture, possession, sale and transport of such narcotic and psychotropic substances.

Salient Features:

1) An interesting feature of the act is that the procedure of addition and deletion from the

lists of manufactured drugs (narcotic drugs) and psychotropic substances have been made very

simple. No formal bill or amendment is required for the purpose, and the government has been

empowered to do such changes through simple notifications in the official gazette on the basis of

available information or a decision under any international convention (sections 2.b) and 3).

(2)  In terms of subsection 3 of section 4, the  Narcotics Control Bureau was set up by the

Central Government in 1986 with the broad remit to coordinate drug law enforcement nationally.

The NCB basically functions as national coordinator international liaison and as the nodal point

for   the   collection   and   dissemination   of   intelligence   and   assures   coordinated   implementation

within the parameters of a broad national strateg

1) An interesting feature of the act is that the procedure of addition and deletion from the

lists of manufactured drugs (narcotic drugs) and psychotropic substances have been made very

simple. No formal bill or amendment is required for the purpose, and the government has been

empowered to do such changes through simple notifications in the official gazette on the basis of

available information or a decision under any international convention (sections 2.b) and 3).

(2)  In terms of subsection 3 of section 4, the  Narcotics Control Bureau was set up by the

Central Government in 1986 with the broad remit to coordinate drug law enforcement nationally.

The NCB basically functions as national coordinator international liaison and as the nodal point

for   the   collection   and   dissemination   of   intelligence   and   assures   coordinated   implementation

within the parameters of a broad national strateg

1) An interesting feature of the act is that the procedure of addition and deletion from the

lists of manufactured drugs (narcotic drugs) and psychotropic substances have been made very

simple. No formal bill or amendment is required for the purpose, and the government has been

empowered to do such changes through simple notifications in the official gazette on the basis of

available information or a decision under any international convention (sections 2.b) and 3).

(2)  In terms of subsection 3 of section 4, the  Narcotics Control Bureau was set up by the

Central Government in 1986 with the broad remit to coordinate drug law enforcement nationally.

The NCB basically functions as national coordinator international liaison and as the nodal point

for   the   collection   and   dissemination   of   intelligence   and   assures   coordinated   implementation

within the parameters of a broad national strateg

1) An important feature of the act is that the procedure of addition and deletion from the lists of manufactured drugs (narcotic drugs) and psychotropic substances have been made very simple. No formal bill or amendment is required for the purpose, and the government has been empowered to do such changes through simple notifications in the official gazette on the basis of available information or a decision under any international convention (sections 2.b) and 3).

(2)  According to of subsection 3 of section 4, the  Narcotics Control Bureau was set up by the Central Government in 1986 with the broad remit to coordinate drug law enforcement nationally. The NCB basically functions as national coordinator international liaison and as the nodal point for   the   collection   and   dissemination   of   intelligence   and   assures   coordinated   implementation within the parameters of a broad national strategy.

3) The  Narcotic   Drugs   and   Psychotropic   substances  Consultative  committee  makes significant contributions in shaping and developing a national policy and strategy and also in matters of amendments under section 2.b and 3 for scheduling addition or deletion of drugs and substances for   legal   regulation and   control. The   committee also  provides   valuableinputs  for India’s contribution to the moulding of international policy and programs.

(4)   A reassessment  of   the Act in  2001  resulted  in  amendments   relating  to  the   length  of imprisonment and the quantity and type of drug seized. This ensured that, where traditional drugs are   concerned, only   individuals   with large   quantities   of   cannabis   can   be   arrested   for  drug trafficking and face imprisonment. Further changes in the law in 2002 created two categories that are based on quantity seized. These were defined as small quantities and commercial quantities.

(5) Section   31A   states   that   any   person   convicted   by   a   competent   court   of   criminal jurisdiction outside   India underany  corresponding  law   shall be   dealt with   as  if  he  has  been convicted by a court in India. Thus, international criminals are also dealt with effectively.

(6) An addict convicted under section 27 may be released on probation under section 39 after signing a bond with or without sureties, for detoxification or deaddiction from a hospital or an institution maintained or recognized by the Government. The conviction would stand and the sentence   remains in   abeyance   to   enable   him   to   report   back   on successfulcompletion  of deaddiction treatment  within   one year. The court   may direct  the   release of the   offender   after successful   completion   of   deaddiction   treatment   and   abstaining   from   the   commission  of   any offence  under   Chapter   IV  for  three  years.  On failure to   do   so,  he   would   have   to   serve   the sentence.

(7) The power to issue search and arrest warrants, has in terms of Section 41  been vested both in Magistrates as well as in specially designated (Gazetted) officers of the Central and State Governments. This is designed   to ensure both   timely   and effective action in   response to any information and to obviate the need for judicial satisfaction each time a warrant is required to be issued.

(8) Under section 64 A, any addict, who is charged with an offence punishable under section 27 or with offences  involving small quantity of narcotic drugs or psychotropic substances, who 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 any  other section for  offences involving small quantity of narcotic drugs and psychotropic substances. This immunity may be withdrawn if the addict does not undergo the complete treatment for de-addiction.

(9) Chapter V-A, was introduced into the Act in May 1989 to provide for the investigation, freezing, seizure and forfeiture of property derived from or acquired through illicit trafficking in narcotic drugs and psychotropic substances.

Amendments:

NDPS Amendments, 2014 NDPS amendment 2014 came in force on 1 May 2014.

1.Under section 71 of NDPS act which explains the management of drug dependents cases and the rules for treatment facilities was incorporated. At the same time, the amendments increased penalties for low-level offences and continued to criminalize the consumption of drugs.

2.Producers of morphine just need a single license from respective State Drugs Controller unlike the earlier procedure which had prolonged steps and multiple licenses of different validation period.

3.The amendment will ensure a uniform regulation for the whole country, eliminating state wise conflicts. Essential Narcotic Drugs which are used in medicinal preparations also including; Morphine, Fentanyl and Methadone, have been relaxed for easy accessibility among treatments provided.

4.The death sentence for repeated conviction for trafficking large quantities of drugs has been diluted with giving courts to discretely sentence for 30 years. On the other hand, punishment has been increased for “small quantity” offences from a maximum of 6 months to 1-year imprisonment after this amendment.

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