PREPARED BY: BHUMIKA GOYAL
NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
ACT
INTRODUCTION
A drug, is any substance that, when absorbed into the body of a living organism, alters normal
bodily function. Drugs are chemicals that change the way a person's body works by altering
emotions and thoughts.
The term narcotic refers medically to any psychoactive compound with any sleep-inducing
properties.
Drug abuse is an intense desire to obtain increasing amounts of a particular substance.
Drug dependence is the body's physical need, or addiction, to a specific agent. Over the long
term, this dependence results in physical harm and behavioral problems which causes tolerance
and cross tolerance. Thus, it creates a vicious cycle.
Drugs are smoked, snorted, consumed orally or injected depending on the nature of drug. Some
drugs can be used in more than one way. For instance, heroin can be smoked while purer form of
heroin can be injected. Injections give a greater kick than oral use or smoking and hence
injecting drug use is more harmful than oral use or smoking.
The Narcotics Control Bureau (NCB) is the chief regulator to control misuse, it works as
enforcement and intelligence agency of India responsible for fighting drug trafficking and the
abuse of illegal substances.
Prepared By: BHUMIKA GOYAL bhumika.g@srisriuniversity.edu.in
NDPS ACT OF 1985
The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 was framed taking into
account India’s obligations under the three UN drug Conventions as well as Article 47 of the
Constitution. This Act prohibits, except for medical or scientific purposes, the manufacture,
production, trade, use, etc. of narcotic drugs and psychotropic substances.
The Governments’ policy has thus been to promote their use for medical and scientific purposes
while preventing their diversion from licit sources, and prohibiting illicit traffic and abuse.
Alongside the stringent provisions, the Act has procedural safeguards as follows –
1. Personal search: Any person being searched has a right to be searched before a Gazetted
Officer or a Magistrate (Section 50). The officer searching the person has to explain to the person
that he has a right to be searched before a Gazetted Officer or a Magistrate and if the person
wishes to be searched before a Gazetted Officer or a Magistrate he should be taken to the
Gazetted Officer or the Magistrate and searched. However, if the officer has reason to believe
that it is not possible to take him to a Gazetted officer or a magistrate without giving him a
chance to part with the drug, controlled substance, etc., he can search him under Section 100 of
the Cr. P. C. [Section 50(5) and 50 (6)].
2. Searches: As per Section 41 of the NDPS Act, Gazetted Officers of the empowered
Departments can authorize searches. Such authorization has to be based on information taken
down in writing. As per Section 42, searches can be made under certain circumstances without a
warrant (from a magistrate) or an authorization (from a Gazetted Officer). In case of such
searches, the officer has to send a copy of the information taken in writing or the grounds of his
belief to his immediate official superior within 72 hours.
3. Arrests: The person who is arrested should be informed, as soon as may be, the grounds of his
arrest [Section 52 (1)]. If the arrest or seizure is based on a warrant issued by a magistrate, the
person or the seized article should be forwarded to that magistrate [Section 52(2)].
4. The officer who arrests a person has to make a full report to his official superior within 48
hours [section 57].
Prepared By: BHUMIKA GOYAL bhumika.g@srisriuniversity.edu.in
IMMUNITIES FOR DRUG OFFENCES
1. Officers: Officers acting in discharge of their duties in good faith under the Act are immune
from suits, prosecution and other legal proceedings (Section 69).
2. Addicts: Addicts charged with consumption of drugs (Section 27) or with offences involving
small quantities will be immune from prosecution if they volunteer for de-addiction. This
immunity may be withdrawn if the addict does not undergo complete treatment (Section 64A).
3. Offenders: Central or state governments can tender immunity to an offender in order to obtain
his evidence in the case. This immunity is granted by the government and not by the court
(Section 64).
4. Juvenile offenders: Juvenile offenders (below 18 years of age) will be governed by the
Juvenile Justice (Care and Protection of Children) Act, 2000.
5. Immunities to diplomats as applicable.
PUNISHMENTS UNDER NDPS, 1985
The Narcotic Drugs and Psychotropic Substances Act, 1985 views drug offences very
seriously and prescribes stiff penalties. The Act follows a graded system of punishment
varying on this fact whether the offence pertains to small, commercial and intermediate
quantities of narcotic drugs and psychotropic substances. For offences involving
commercial quantities of drugs, a minimum penalty of ten years rigorous imprisonment is
prescribed, which may extend to twenty years. Repeat offences attract one and half times
the penalty and in a few cases even the death penalty.
Under NDPS Act, abetment, criminal conspiracy and even attempts to commit an offence
attract the same punishment as the offence itself. Preparation to commit an offence
attracts half the penalty.
Since the penalties under this Act are very stiff, several procedural safeguards have been
provided in the Act. Some immunities are also available under the Act
Prepared By: BHUMIKA GOYAL bhumika.g@srisriuniversity.edu.in
Narcotic Drugs and Psychotropic Substances have several medical and scientific uses.
However, they can be and are also abused and trafficked. India's approach towards
Narcotic Drugs and Psychotropic Substances is enshrined in Article 47 of the
Constitution of India which mandates that the ‘State shall endeavor to bring about
prohibition of the consumption except for medicinal purposes of intoxicating drinks and
of drugs which are injurious to health’.
Anyone who contravenes the NDPS Act will face punishment based on the quantity of the
banned substance.
where the contravention involves small quantity(<1 kg), with rigorous imprisonment
for a term which may extend to 6 months, or with fine which may extend to 10,000 or
with both;
where the contravention involves quantity lesser than commercial quantity but greater
than small quantity, with rigorous imprisonment for a term which may extend to 10
years and with fine which may extend to 1 lakh;
Where the contravention involves commercial quantity, with rigorous imprisonment
for a term which shall not be less than 10 years but which may extend to 20 years and
shall also be liable to fine which shall not be less than 1 lakhs but which may extend
to 2 lakhs.
Prepared By: BHUMIKA GOYAL bhumika.g@srisriuniversity.edu.in
