Analysis: Narcotic Drugs and Psychotropic Substances Act

Introduction:

The world is progressing at lightning speed. With time, norms and lifestyle of people is also changing. The youth faces the brunt of this change the most. Many factors such as stress, peer-pressure, emotional and physical turmoil play a major role in pushing youths towards addiction-forming, such as drug abuse. This addiction is not only spreading in India but rather universally. It acts as a threat to humankind. Consequences of drug abuse affect the entire society as a whole. It creates a dent in the health and economy of the society.

Drug abuse leads to other concerns such as high mortality rate, organized crimes, prostitution, disintegration of families etc.  India tops the list in the sale of opium which finds most of its use in medical purposes. Some of these substances are also a part of our culture. Substances like ‘bhang’ (cannabis) are popular during religious festivals. Thus, the legal framework must consider every aspect and thus face regulation.

The Narcotic Drugs and Psychotropic Substances Act

On 16^th September 1985, The Narcotic Drugs and Psychotropic Substances Bill 1985 was passed; and henceforth called as The Narcotic Drugs and Psychotropic Substances Act (NDPS).

The Act came into existence to tackle and consolidate several laws relating to narcotic substances and drugs. The main reasons for such consolidations are:

• To make more rigid and stringent laws for regulations of drugs and substances which are narcotic and psychotropic in nature.
• More efficient confiscation of property which are a part of illegal drug trade or traffic.

India became a party to International Convention on Narcotic Drugs and Psychotropic Substance. It was hence essential to implement the provisions related to it in Indian law.

Provisions Of The Act:

The Act is considerably one of the stringiest Acts in Indian judiciary. It contains many important provisions. Few highlighted provisions of the Act are as follows:

• The minimum penalty for an offence under the NDPS Act is a term of 10 years and a fine up-to Indian Rupees One Lakh. This proves the gravity of this Act.
• The normal rule of ‘innocent until proven guilty’ does not apply in the offences under the said Act. In such cases, the onus of proving oneself innocent lies on the accused. The Court may consider the accused guilty until he proves it otherwise.
• This Act calls for the formation of special courts to deal with cases that fall under its ambit under Section 36. Such cases are not for dealing within the ordinary sessions of court. This step is to ensure that there is a proper judicial scrutiny for these cases and also confirms speedy trials.
• The NDPS Act does not abide by the normal legal term of suspension and remission post awarding the sentence to the accused.
• India joined several other countries in awarding mandatory capital punishment for repeated and severe offenders under Section 31A of the said Act. There is severe criticism and various petitions[1] against the idea of capital punishment for such offences. This provision faced criticism as it works against fundamental rights like Article 21 and Article 14 of the Constitution of India. Also, the question is , if the offence, which is both economical and immoral, grave enough for awarding the death sentence. In the year 2011, the High Court of Bombay laid down a landmark judgment stating that the awarding of the death sentence is only on discretion of the court after proper scrutiny of the case; as capital punishment is in violation of Article 21 of the Constitution of India which gives the fundamental Right to life and liberty to its citizens.
• The rules related to bail are very strict under the Act. However, bail is possible in cases which are minor like consumption of narcotic drugs in small quantity.[2] 

Conclusion

The Narcotics Drugs and Psychotropic Substances Act is a water-tight and well- made Act in comparison to other legislatures in India. Crime related to narcotic drugs and substances is a grave offence as it destroys a society on a whole through various means. Thus, having strong laws is important to keep it under constant check. Punishments like death sentence are a big step. However, the use of this is necessary with utmost care and thoughts. The gravity of the offence must be diligently read and understood before awarding such harsh punishments. The judiciary must work hand in hand with rehabilitation centres and NGOs.  

Data of offenders and consumers of such substance shall be recorded precisely and carefully. The central and the state government must work together in harmony in identification and working of offences under the said Act. Quality of medical drugs must be administered at all times. There must be transparency of the policy in such cases to solve drug-related crimes efficiently. Creating mass awareness and educating people about the harmful effects of drugs consumption must be made. Eradication from core is required in such cases.

References:

[1] Indian Harm Reduction Network v Union of India [Criminal Writ Petition No. 1784 of 2010, High Court of Bombay]

[2] Abdul Aziz v. State of U.P. 2002 CriLJ 2913; Shaji v. State of Kerala 2004 (3) KLT 270