Introduction
Various rules and regulations with respect to Narcotic Drugs in India have been put in place considering the necessity of narcotic drugs and psychotropic substances for medical usage and the country’s commitments towards the UN conventions. India has ratified several conventions, including The Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), The UN Single Convention on Narcotic Drugs (1961), and The Convention on Psychotropic Substances (1971), all of which prescribe various forms of control aimed at limiting the use of psychotropic substances and narcotic drugs for medical and scientific purposes while also preventing their abuse.Â
- The Narcotics, Drugs, and Psychotropic Substances (NDPS) Act, 1985, is the primary legislative instrument used by the Indian government in this area.Â
- Various ministries and departments of the Indian government, as well as state governments, carry out various functions related to drug demand and supply reduction.Â
- Various enforcement authorities within the Ministry of Finance, Ministry of Home Affairs, and State Governments are in charge of drug supply reduction.Â
- The Ministry of Social Justice and Empowerment is in charge of drug demand reduction.Â
- The Ministry of Health is responsible for the treatment and therapy of drug users and their rehabilitation.Â
Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985Â
- Except for medicinal or scientific purposes, it was drafted with India’s responsibilities under the three UN drug conventions in mind, as well as Article 47 of the Indian Constitution.Â
- The Narcotic Drugs and Psychotropic Substances Act outlaws the creation, production, trade, and use of narcotic narcotics and psychotropic substances, among other things.Â
- As a result, the government’s strategy has been to encourage their usage for medicinal and scientific objectives while limiting their diversion from legal sources and forbidding illicit distribution and abuse.Â
- The NDPS Act allocates the powers and responsibility of regulation of licit activities.Â
- Section 9 of the Act has listed various activities which the Central Government can, by rules, regulate.Â
- Section 10 lists various activities which the State Governments can, by rules, regulate.Â
- The NDPS Act has created statutory authorities such as the Narcotics Control Bureau, which was created through a notification under Section 4 of the Act.Â
Narcotics control bureau (NCB):Â
- The National Nodal Agency was created under the narcotic drugs and Psychotropic Substances Act, 1985, to prevent and combat drug abuse and illegal trafficking in Narcotic Drugs and Psychotropic Substances.Â
- The Narcotics Control Bureau (NCB) is responsible for coordinating with several Ministries, other offices, and State/Central Enforcement Agencies, as well as implementing international obligations under various United Nations Conventions 1961, 1971, and 1988 (to which India is a signatory) against illicit trafficking of narcotics drugs and psychotropic substances (Kolkata).