1. Narcotic Drugs and Psychotropic Substances (NDPS)          Act, 1985

Overview

• Enacted by the Indian Parliament to regulate and prohibit the production, sale, possession, and consumption of narcotic drugs and psychotropic substances.

• Permits use of such substances strictly for medicinal or scientific purposes.

• Aims to consolidate drug-related laws and establish stringent control mechanisms.

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Key Provisions & Features

• Prohibits:

  • Cultivation of specified plants.

  • Production, manufacture, possession, sale, purchase, transport, storage, and consumption of narcotic and psychotropic substances.

• Graded Punishments Based on Quantity:

  • Small quantity: Imprisonment up to 1 year and/or fine up to ₹10,000.

  • Intermediate quantity: Imprisonment up to 10 years and fine up to ₹1 lakh.

  • Commercial quantity: Imprisonment from 10 to 20 years and fine between ₹1 lakh and ₹2 lakh (with scope for higher fines).

• Establishment of the Narcotics Control Bureau (NCB) in 1986 for coordinated enforcement.

• Provision for forfeiture of property acquired through illicit drug trafficking.

• Alignment with international drug control conventions.

• Immunity granted to drug addicts who voluntarily seek de-addiction treatment.

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Significant Amendments

• 1988: Introduced stricter provisions to strengthen enforcement.

• 2001: Rationalized sentencing structures and provided support mechanisms for drug addicts.

• 2014: Relaxed regulations concerning essential narcotic drugs for medical use; removed mandatory death penalty for certain repeat offenses.

• 2021: Addressed and corrected a legislative drafting error.

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Criticisms & Concerns

• Lack of differentiation in punishment for various drug types, potentially incentivizing trade in more harmful substances.

• Penalization of personal drug consumption, viewed by many as a public health issue rather than purely a criminal offense.

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The Way Forward

• Represents India’s ongoing effort to balance punitive measures with rehabilitative approaches.

• Continued debates and periodic amendments indicate evolving perspectives on national and global drug policy frameworks.

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