Introduction:

The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is a key legislation
enacted by the Government of India to combat drug abuse and illicit trafficking. It provides a
comprehensive legal framework for the control, regulation, and prohibition of operations related to
narcotic drugs and psychotropic substances. The Act was introduced in response to India’s obligations
under international conventions and reflects the country's commitment to a drug-free society. It lays
down stringent provisions for the cultivation, manufacture, possession, sale, purchase, transport, and
consumption of narcotic and psychotropic substances, with severe penalties for violations. The NDPS
Act also empowers enforcement agencies and promotes rehabilitation and treatment of addicts,
balancing punitive measures with a focus on public health and social welfare.

History:
Early Laws:
• The Opium Act, 1857: Regulated cultivation of opium poppy and manufacture of opium.
• The Opium Act, 1878: Restricted sale of opium to registered Chinese opium smokers and Indian
opium eaters; Burmese strictly prohibited from smoking opium.
• The Dangerous Drugs Act, 1930: Introduced further statutory control over narcotic drugs.
Legislation Gap:
• No comprehensive legislation on narcotics existed in India until 1985.
Cultural Reference:
• Cannabis use in India dates back to at least 2000 B.C.
• First mentioned in the Atharva Veda, dating a few hundred years B.C.

Objectives & Scope:

• Prohibits production, sale, transport, and use of narcotic drugs & psychotropic substances, except
for medical and scientific purposes
• Regulates licensing and operations involving controlled substances
• Ensures India’s compliance with international conventions (1961, 1971, 1988)
• Applies to entire India and Indian citizens abroad
• Covers a wide range of controlled substances with stringent penalties (fines, imprisonment, rare
death penalty – later amended)
• Narcotics Control Bureau (NCB) coordinates enforcement across the country.

Definition:
The NDPS Act, 1985, is a comprehensive legislation enacted to control and regulate the operations
relating to Narcotic Drugs and Psychotropic Substances.

1. HEMP [CANNABIS] [SECTION 2(iii)]

• Charas: It is the resin in crude or purified state obtained from cannabis plant and it include
concentrated preparation of resin known as “Hashish Oil” or “Liquid Hashish”.
• Ganja: It is flowering & top of cannabis plant.
• Any mixture with or without neutral material containing Ganja, Charas or any other drink prepared
from them.
2. COCA DERIVATIVES [SECTION 2(v)]
• Crude cocaine: any extract of coca leaves which can be directly or indirectly used for
manufacturing cocaine.
• Preparation containing more than 0.1% cocaine.

3. ILLICIT TRAFFIC [SECTION 2(viii)(a)]

Cultivation:
• Coca plant or any part thereof
• Opium poppy or cannabis plant
Drug-related Activities:
• Production, manufacture, possession
• Sale, purchase, transportation, warehousing
• Concealment, use, consumption
• Inter-state import/export, import into India, or transshipment
Other Involvements:
• Any other dealings in narcotic drugs or psychotropic substances
• Letting or handling premises for above activities
Also Includes:
• Financing such activities (directly or indirectly)
• Abetting or conspiring to support these activities
• Harbouring persons involved in such activities

4. MEDICINAL HEMP [SECTION 2(xii)]

It means any extract or tincture of cannabis.

5. OPIUM POPPY [SECTION 2(xvii)]

It includes plant of PAPAVER SOMNIFERUM and other species of PAPAVER from which Opium and any
Phenanthrene alkaloid can be extracted.

6. POPPY STRAW [SECTION 2(xviii)]

It includes all part of opium poppy after harvesting whether in original form or cut, crushed, powdered
and whether or not juice to be extracted there from.

Section 8 – NDPS Act, 1985 & It’s Exceptions:

Prohibits the following (unless legally permitted):
• Cultivation of opium poppy, coca, or cannabis plants
• Production, manufacture, distribution (including warehousing)
• Transport, purchase, sale of narcotic drugs or psychotropic substances
• Financing, consumption, or harbouring of offenders
Additional Provisions:
• Liability applies even without physical possession if involvement is proven
• Delegating drug transport to another person also leads to liability
Exceptions to Section 8:
• Permitted for medical or scientific purposes (with proper authorization)
• Export of poppy straw allowed for decorative purposes

Small and commercial quantities:

For several offences under the NDPS Act, the punishment depends on whether the quantity of
drug involved is small, is more than small but less than commercial or is commercial.

• Section 2 (xxiiia) – “Small Quantity”, in relation to narcotic drugs and psychotropic substances,
means any quantity lesser than the quantity specified by the Central Government by notification in
the Official Gazette.
• Section 2 (viia) – “Commercial Quantity”, in relation to narcotic drugs and psychotropic
substances, means any quantity greater than the quantity specified by the Central Government by
notification in the Official Gazette.
DRUG SMALL QUANTITY COMMERCIAL QUANTITY
AMPHETAMINE 2gms 50gms
BUPRENORPHINE 1gm 20gms
COCAINE 2gms 100gms
CODEINE 10gms 1kg
DIAZEPAM 20gms 500gms
GANJA 1kg 20kg
HEROIN 5gms 250gms
MIDMA 0.5gm 10gms
METHAMPHETAMINE 2gms 50gms
METHAQUALONE 20gms 500gms
MORPHINE 5gms 250gms
POPPY STRAW 1gm 50gms

Effect Of Drugs
• Coca, Opium & Hemp are the excellent drugs when used for the medicinal purpose but these drugs
are also misused for Euphoria, Addiction etc.
• These types of drugs when used for longer time causes sever effect on brain & nervous system.
• These effect including Apathy, forgetfulness, lack of self-respect, physical and mental injuries &
therefore misuse of these drugs is very injurious in social point of view.

Who can issue warrant of arrest? [Section-41]

• A Metropolitan Magistrate or Magistrate of First Class or Magistrate of Second Class empowered by
State Government.
• Officers of Gazetted rank of the department of Central Excise, Narcotic, Custom, Revenue
Intelligence or any other department of Central Government.
• Officer to whom warrant is addressed and the officer who authorized the arrest or search.
Who can search, seizer and arrest without warrant? [Section-42]
• Any officer superior than the rank of Peon, Sepoy or Constable of the department of Central Excise,
Narcotics, Custom, Revenue intelligence, Police or any other department of Central Government.
• Officer has reason to believe that search warrant or authorization can’t be obtained without giving
opportunity to offender to escape or concealment of evidence.
• Officer takes down information in writing or records grounds for his belief, shall send its copy to his
superior official within 72 hours.
Condition Of Search of Person [Section-50]
• Person to be taken to nearest Gazetted Officer/Magistrate without delay.
• Officer may detain the person until then.
• If no reason found, person is released; else, search is directed.
• Female can be searched only by a female.
• If not possible to take person, search under Section 100 Cr.P.C.
• Written reason for search to be given to superior within 72 hrs.
Report Of Arrest and Seizure [Section-57]
Any person making an Arrest or Seizure shall, within 48 hours next after such Arrest or Seizure,
make full report of all the particulars of such Arrest or Seizure and submit it to his superior official.
Power To Call for Information [Section-67]
• Any officer superior than the rank of Peon, Sepoy or Constable of the department of Central Excise,
Narcotics, Customs, Revenue Intelligence, Police or any other department of Central Government.
• Call for information from any person for the purpose of satisfying himself.
• Require any person to produce or deliver any document or thing useful or relevant to the enquiry.
• Examine any person acquainted with the facts and circumstances of the case.

Punishment under NDPS Act, 1985

Small Quantity: Jail up to 1 year or fine up to ₹10,000 or both
More than Small, less than Commercial: Jail up to 10 years + fine up to ₹1 lakh
Commercial Quantity: Jail 10–20 years + fine ₹1–2 lakhs
Possession (Excl. Charas/Hashish): Jail up to 6 months or fine up to ₹10,000 or both
Consumption (Other Drugs): Jail up to 1 year or fine up to ₹20,000 or both
Attempt/Preparation/Abetment: Same punishment as main offense
The table below lists the current definition of a small quantity and a commercial quantity for some
popular drugs.

Drugs Small quantity Commercial quantity

Amphetamine 2 grams (0.071 oz) 50 grams (1.8 oz)
Charas 100 grams (3.5 oz) 1 kilogram (2.2lb)
Cocaine 2 grams(0.071 oz) 100 grams(3.5 oz)
Ganja 1 kilogram(2.2lb) 20 kilograms(44lb)
Heroin 5 grams(0.18 oz) 250 grams(8.8 oz)
Methadone 2Grams(0.071 oz) 50Grams (1.8 oz)
Morphine 5Grams(0.18 oz) 250Grams(8.8 oz)
Opium 25Grams(0.88 oz) 2.5Kilograms(5.5 lb)

Amendments to the NDPS Act

Total Amendments: 4 times – in 1988, 2001, 2014, and 2021
1988 Amendment
• Introduced stricter provisions
• Added Section 27A: Deals with harbouring offenders and financing illicit traffic
2001 Amendment
• Rationalized sentencing
• Made provisions easier for addicts
• Simplified process for granting bail
2014 Amendment
• Improved access to narcotic drugs for medical purposes
2021 Ordinance
• Rectified drafting issues from the 2014 amendment

Case laws:

1. BAMA DEVI v. STATE OF ODISHA, 2023 SCC ORI 6429

In this case the accused along with 5 others was alleged to be transporting contraband Ganja,
weighing around 476 kg to Punjab, Orissa High court expressed that the case could not be falsified
in its entirety since other witnesses were yet to be examined and the witnesses examined so far
did not support the applicant’s case. Thus, the court refused to extend bail while particularly eyeing
at the large quantity of contraband.

2. UNION OF INDIA v. AJAY KUMAR SINGH, 2023 SCC SC 346

In this case 1005 kg Ganja with the accused being revealed to be the kingpin and organizer of
Ganja trade, Supreme court made it clear for the courts to grant bail in matters involving
commercial quantity of narcotics only in case where there is satisfaction regarding innocence of
the persons involved.

Criticism
Harsh Bail Provisions:
• Bail conditions considered extremely strict.
• Leads to virtual denial of bail and prolonged imprisonment.
Burden of Proof:
• Accused must prove their innocence.
• Contradicts standard legal principle of "innocent until proven guilty".
Presumption of Culpable Mental State:
• Courts presume intent to commit a crime.
• Undermines fair trial rights.
No Distinction Between Drug Types:
• Treats soft and hard drugs the same.
• Critics argue this is unjust; government defends by labelling soft drugs as "gateway drugs".
Media Criticism:
• The Times of India called the law “ill-conceived” and “poorly thought-out”.
• Same punishment for all drugs led dealers to shift to more profitable hard drugs.

Conclusion

India’s drug problem is deeper than it seems. Historically, substances like Ganja and Charas
were used for healing and therapy. Drug use wasn’t criminalized until the NDPS Act of 1985, which
introduced strict punishments.
Notably, Section 37 makes bail difficult for serious offences. Compared to the Unlawful
Activities (Prevention) Act, 1976, NDPS is more stringent, often leading to judicial hesitation in
granting bail.
While laws aim to address societal issues, misuse can make them oppressive. Given its harsh
provisions, the NDPS Act risks being misused, making it crucial for courts to ensure fair justice and
prevent abuse of the law.