A simple note on Narcotic Drugs and Psychotropic Substances Act,1985

In India, constitutional control over narcotic substances is exercised by a number of Central and State laws. The major Central Acts, notably the Opium Act of 1857, the Opium Act of 1978, and the Dangerous Drugs Act of 1930, were passed a long time ago. 

With the passage of time and advancements in the sectors of illegal drug traffic and drug consumption at the national and international levels, several flaws in current regulations became apparent.

The Narcotic Drugs and Psychotropic Substances Bill, which had been enacted by both Houses of Parliament, gained the President’s assent on September 16, 1985. It was enacted as The Narcotic Drugs and Psychotropic Substances Act, 1985, and went into effect on November 14, 1985.

Narcotic Drugs and Psychotropic Substances

Psychotropic drugs, from a medical standpoint, are chemical compounds that affect the mind, that is, on an individual’s conscious and unconscious mental life. Similarly, narcotics are medications that promote drowsiness, muscle relaxation, and a decrease or loss of sensibility.

Substances classified as narcotics or psychotropics are legally defined. In most circumstances, a substance’s designation as narcotics or psychotropics is based on the Single Conventions on Narcotics Drugs or Psychotropic Substances.

Narcotics and psychotropics are frequently referred to as Narcotic Drugs.

The sale and transportation of narcotic medications, as well as the manufacturing of these substances, require prior approval from the Ministry of Health. 

Difference between narcotic and psychotropic substances

The difference between narcotic and psychotropic substances can be explained as follows:

Substances classified as narcotics or psychotropics are legally defined.

Medically speaking, Narcotics consist of chemicals that produce stupor, muscle relaxations and a decrease or loss of sensibility. However, psychotropic refers to pharmacological chemicals that affect the mind, that is, on an individual’s conscious and unconscious mental life.

Narcotics are a class of medications that are used to treat pain and contain a strong enticement to feel the high that comes with using them. Psychotropic medications are used to treat persistent mental illnesses that do not respond to traditional treatments such as psychotherapy. They are sometimes used in combination with treatment.

Narcotic Drugs and Psychotropic Substances Act 1985

According to the Narcotic Drugs and Psychotropic Substance Act of 1985, it is an act to unite and modify the law relating to narcotic drugs, to make severe provisions for the control and regulation of actions 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, and to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances.

Features of the NDPS Act

The following are the Features of the NDPS Act:

•       For some offenses, a minimum penalty of ten years in jail is imposed.
•       A supposition of guilt and a shift in the burden of proof
•       Bails are subject to severe restrictions.
•       Pre-trial detention for up to a year
•       There will be no sentence suspension, remission, or commuting.
•       There will be no probationary release for the criminals.
•       Repeat offenders face harsher penalties, including up to 30 years in jail.
•       For successive convictions for certain offences, the death penalty is mandatory.

Further features of the NDPS Act under the NDPS Act’s Treatment Provisions are as follows:

•       “addict” is defined as a person who is dependent on any narcotic drug or psychotropic chemical (Section 2(1)).
•       If addicts are convicted of minor offenses such as consumption or possession, the Court can redirect them to treatment rather than prison to undertake detoxification therapy (Section 39)
•       Addicts who volunteer for therapy are exempt from prosecution (Section 64A)

List of Psychotropic Substances under the NDPS Act

The Ministry of Finance, Government of India, has in exercise of powers conferred by clause of Section 2 of the Narcotic Drugs and Psychotropic Substances Act, 1985 declared 

• Ergometrine and its salts, 
• Ergotamine and its salts, 
• Isosafrole, 
• Lysergic Acid and its salts, 
• 4-methylenedioxyphenyl-2-propanone and its salts and preparations thereof, 
• Methyl ethyl ketone, 
• Norephedrine (Phenylpropanolamine), its salts and preparations thereof
• 1-phenyl-2-propanone, 
• Phenylacetic acid and its salts, 
• Piperonal, 
• Potassium permanganate, 
• Safrole and any essential oil containing 4% or more safrole, 
• Preparations of Ephedrine and 
• preparations of Pseudoephedrine 

as controlled substances for the purpose of the Act.

According to the NDPS Act, the following are the current definitions of a small quantity and a commercial quantity for some of the most common drugs:

•       Amphetamine: 2 grams and 50 grams
•       Charas: 100 grams and 1 kilogram
•       Cocaine: 2 grams and 100 grams
•       Ganja: 1 kilogram and 20 kilograms
•       Heroin:5 gramme and 250 gramme
•       LSD: 2 milligrams and 100 milligrams.
•       Methadone: 2 gramme and 50 gramme
•       Morphine: 5 gm and 250 gm
•       Opium: 5 grammes and 2.5 kg

A person apprehended under the Act for a minor offense, such as use or possession of a small amount of narcotic drugs or psychotropic substances, is eligible to bail.

Conclusion

The Narcotics Drugs and Psychotropic Substances Act of 1985 applies across India. It also applies to all Indian nationals living outside of India, as well as all individuals on ships and airplanes registered in India, wherever they are.

It came into force on November 14, 1985, and different dates may be appointed for different provisions of this Act and for different states, and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State.