The Narcotics Drugs and Psychotropic Substances Act, 1985

Substance abuse cases are growing these days rapidly. There are many cases where it’s been proven that there is a nexus between drug abuse and crime. Earlier, the society lacked laws and provisions for incriminating drug abusers, and they had the freedom to peddle drugs openly. However, the adverse effects of narcotics drugs have been noted by citizens, and several laws have been formulated to put up a system of checks and balances on drug usage. The Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) was formulated to incriminate activities of illegal drug peddling and narcotics drug usage in India.

About the NDPS Act, 1985

• The NDPS Act, 1985 is a successor to the Opium Act, 1857, The Opium Act, 1878, and the Dangerous Drugs Act, 1930
• The need for the NDPS Act was the insufficient NDPS Act punishment available for the criminals. India lacked a comprehensive law to regulate the transactions of narcotic drugs and psychotropic substances 
• The objective behind this act was to compile and make strict provisions for the use of narcotic drugs and psychotropic substances

Definitions Under the NDPS Act

1. Narcotics Drugs: The act does not provide any specific definition for this word. It instead enlists examples of such types of drugs. These include leaves of coca, hemp (cannabis), opium, poppy straw, and mixtures of all these mentioned items. Also, other substances marked by the government come under narcotics drugs.
2. Addict: The act defines an addict as someone who cannot give up the urge to consume narcotic drugs and psychotropic substances.
3. Psychotropic Substances: The NDPS Act, 1985 defines psychotropic substances as such substances, materials or salt listed under the psychotropic schedule of this act. 

NDPS Act Punishment and Penalties

The NDPS Act not only entails laws and provisions for the check on drug abusers but also contains NDPS Act punishment and penalties for perpetrators of this crime. The NDPS Act punishments are listed below:

1. The Section 15 of the NDPS Act, the person who does any action related to transacting puppy straw, such as producing, possessing, transporting, importing, exporting, selling, purchasing, using or storing, will be punishable as follows:

• If drugs are found in small quantities, the person can be imprisoned for one year, or it has to provide a fine of rupees ten thousand, or it can be both
• If drugs are found in lesser than the commercial quantity, the person’s imprisonment can extend to 10 years of prison, or they have to pay a fine of rupees up to one lakh 
• The minimum imprisonment time will be ten years if drugs are found in commercial quantities. This time can also be extended to 20 years with a fine of rupees up to one lakh minimum and up to two lakhs in some cases 

2. Under Section 22 of the NDPS Act, any person who contravenes the provisions of the licence granted to him or illegally does anything related to manufacturing, possessing, selling, purchasing, transporting, exporting and importing psychotropic substances shall be liable as follows:

• If found in small quantities, the person can be imprisoned for one year or has to provide a fine of rupees ten thousand, or it can be both
• If found in less than commercial quantities, the person’s imprisonment can extend to 10 years, or they have to pay a fine of rupees up to one lakh
• The minimum imprisonment time will be ten years if found in commercial quantities. This time can also be extended to 20 years with a fine of rupees up to one lakh minimum and up to two lakhs in some cases

Important Judgements Regarding NDPS Act, 1985

• Union of India vs Md. Nawaz Khan: This case’s judgement revolved around granting bail to the accused under this act. It was held that strict provisions are required to grant bail under the NDPS Act, 1985. 

• Tofan Singh vs State of Tamil Nadu: Under this judgement, the bench observed that the statement given to officials under Section 53 of the NDPS Act would not be considered when deciding to convict the accused of the crime.
• Gurdev Singh vs the State of Punjab: In this case, the court observed that the quality of the narcotics drugs also plays a role in determining the convict’s punishment.

Conclusion:

From the facts mentioned above and information about The Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), it can be rightly concluded that it plays an important and integral role in regulating drug abuse cases in the country. The provisions of this act are genuine and hold strong power in incriminating drug abuse offenders through NDPS Act punishments. Moreover, the nodal body of this act, NCB, also works persistently towards investigating and bringing evidence of drug abuses.