Offences under the Narcotic Drugs and Psychotropic Substances Act, 1985

Introduction:

Drug abuse has become a global concern. Illicit drugs have negative effects on health, society, and the economy such as medical and physical illnesses; accidents; family breakdown; vice crime; gangland; and economic: funds spent on expanding services; drain on national resources; and loss of productivity etc.  This issue is complex and multifaceted, requiring coordinated health and law enforcement actions to combat drug trafficking and production.

India is the largest source of licit demand for narcotics used for medical purposes. Additionally, India is preparing to become one of the world’s major flower-growing regions, with the “Golden Crescent” in the Northwest and the “Golden Triangle” in the North–East, which create India. The fast-paced social environment, among other things, encourages the abuse of both old and new mind-blowing substances. Artificial medicine and blood vessel medication usage resulting in HIV/AIDS has given a new dimension to the issue, notably in the North-eastern states.[1]

Narcotics Drugs and Psychotropic Substances Act, 1985

Article 47 of the Indian Constitution mandates that the “state shall endeavour to bring on the prohibition of the consumption apart from healthful functions of intoxicating drinks and of medication that are injurious to health”[2], based on which numerous legislations were introduced to combat the issue. However, with the passage of time and developments within the field of illicit smuggling of drugs, the existing legislation acquired deficiencies. Therefore, to provide comprehensive legislation on narcotics and psychoactive substances that should consolidate and amend existing narcotics laws, build provisions for effective management of psychoactive substances, build provisions for the implementation of international narcotics and psychoactive substance conventions (NDPS Act). The NDPS Act aims to:

1. Tighten management and regulation of narcotic medicine and psychoactive substances activities.
2. Forfeit property obtained from or utilised in illegal narcotic and psychotropic drug trafficking.
3. Implement the International Conventions on Narcotic Drugs and Psychoactive Substances and related issues therewith.[3]

The Act covers the whole of India, along with regions outside India, including persons on ships or aircrafts registered in India. The legislation provides detailed definitions of all essential words. It has underlined the Central Government’s authority over the Act’s provisions and their enforcement capabilities.

Moreover, the Narcotics Management Bureau was established by the Central Government in 1986 with the broad mandate of coordinating drug enforcement across the country, according to subsection 3 of section 4. The NCB primarily serves as a national arranger and international liaison, as well as a focal point for intelligence collecting and distribution, and ensures that a wide national strategy is implemented in a coordinated manner.[4]

One of the most fascinating aspects of the act is how simple it is to add and remove items from the lists of factory-made pharmaceuticals (narcotic medications) and mind-blowing things. For this purpose, no formal law or revision is required, and the government has been given the authority to make such modifications by simple announcements in the official gazette based on publicly available information or a request under any international agreement.

Offences under Narcotics Drugs and Psychotropic Substances Acts, 1985[5][6]

Sections 15 through 40 of the Act illustrates different offences and punishments. It has recognised certain acts that violate accepted social standards and have been added to the Act’s list of crimes. These acts are illegal owing to the negative impact on one’s physical health. These drugs can also harm a person’s mental capacity. Even though it temporarily helps pain, it has long-term negative effects.

Poppy Straw

Section 15 of the Act defines manufacture, possession, transportation, sale, purchase, or any other participation as a crime. The punishments are based on the total amount of poppy straw used.

A little amount of poppy straw can result in a year in prison, a fine of up to ten thousand rupees, or both. An amount more than the small quantity[7] but less than the commercial quantity is punishable by 10 years in jail and a fine of one lakh rupees. A transaction involving a commercial amount of poppy straw has a punishment of 10 years’ imprisonment, with a maximum of twenty years, and a fine of one lakh rupees.

Coca Plants and Leaves

Section 16 of the Act prohibits the cultivation, production, possession, sale, purchase, transit, and any other action prohibited by the Act. The Section punishes the offender with up to 10 years in jail and a fine of one lakh rupees.

Prepared Opium

Section 17 of the Act deals with acts in violation of the Act involving prepared opium. This section prohibits the manufacture, possession, sale, purchase, transit, and use of opium. It has been described as a chemical that can physically or mentally damage a person. The consequences for either of the banned activities are identical to those stated under Section 15.

Opium Poppy and Opium

Manufacturing, purchase, production, possession, transit, or sale of the opium poppy or opium is prohibited under Section 18 of the Act. The penalties for violating this section are identical to those under Section 15.

Opium Embezzlement

Section 19 of the Act defines opium embezzlement as a crime under Chapter IV of the Act. This Section holds accountable anybody who embezzles or otherwise unlawfully disposes of opium, whether directly or indirectly. This crime has a minimum ten years sentence with a maximum twenty years sentence and a fine of one lakh rupees with a maximum of two lakh rupees.

Cannabis Plant and Cannabis

Section 20 of the Act criminalises the cultivation, manufacture, possession, sale, purchase, or transit of cannabis plants and cannabis. If discovered producing cannabis, a person faces up to 10 years in prison and a fine of up to one lakh rupees. Other than cultivation, the penalties are based on the object’s intensity/quantity. The three penalties contained in the previous Sections are also followed here.

Manufactured Drugs and Preparation

Manufacturing, possessing, selling, acquiring, transporting, or using any produced drug or its preparation is an offence under Section 21 of the Act. This section’s sanctions are identical to those mentioned in other sections of the Act.

Psychotropic Substances

Section 22 of the Act states that any act or rule relating to the manufacture, transportation, sale, purchase, possession or use of psychotropic substances is a crime. This section’s sanctions are identical to the three-punishment scheme used for other Act offences.

Narcotic and Psychotropic Drug Trafficking

Section 23 of the Act provides for the import or export of any illicit substance. This Act restricts the transhipment of narcotics and psychotropic substances. The offence is punished by the same three-tier structure used throughout the Act.

External Dealings

Section 24 of the Act prohibits transactions in narcotics and psychotropic substances with persons residing outside of India. This section makes it a crime. This offence has a minimum of ten years sentence and a maximum of twenty years’ sentence, as well as a fine of one lakh rupees, which can be raised to two lakh rupees.

Providing premises for the commission of an offence

Section 25 of the Act states that an individual may enable his premises to be used for the commission of any crime. If the person allows the criminal, this Section applies.

Acts by a Licensee or his Servants

Section 26 of the Act covers activities by a licensee or his staff in furtherance of the Act’s requirements. If a licensee or his agent/servant fails to keep accounts, fails to provide a licence, permission, or authorization on demand, or keeps or creates false accounts or statements, or intentionally violates the requirements of the licence. The offence is punishable by up to three years’ imprisonment, a fine, or both.

Narcotic or Psychotropic Drug Use

Consumption of narcotics or psychotropic substances is a crime under Section 27 of the Act. Administering drugs such as heroin or morphine is punishable by up to one year in prison, a fine of up to 20,000 rupees, or both. Non-listed narcotics or psychotropic substances are punishable by up to six months imprisonment or a ten thousand rupees fine, or both.

Financing Illicit Trafficking and Harbouring Offenders

Section 27A of the Act makes it a crime to finance illegal trafficking and to harbour criminals. Those who directly or indirectly finance or harbour illegal activities of trafficking may be held criminally liable. The offence has a minimum ten years sentence and a maximum of twenty years of sentence, as well as a fine of one lakh rupees, which may be raised to two lakh rupees.

Conclusion

In the previous twenty-seven years, the fight against drug addiction has grown, notably in policy and infrastructure. This is admirable. The effectiveness and impact of the various actions taken remain to be seen. It’s critical to own analysis and subsequent plan and policy adjustments. Plans would be just that – plans without any examination. The goal of the 1985 Narcotic Drugs and Psychotropic Drugs Act was to restrict and regulate the transit, use, and/or consumption of these illegal substances. The goal for which the Act was enacted has been realised via its implementation. The central government, in collaboration with the different state governments, has been successful in enacting laws to enhance the Act’s good impact on society. Offenders identified under the Act have also been given the opportunity for a fair trial based on natural justice principles. A right of appeal has also been established against the Tribunals’ decisions.

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References:

[1] 155^th Report on Narcotic Drugs and Psychotropic Substances Act, 1985, July 1997, Law Commission of India

[2] Article 45 Constitution of India, 1950.

[3] M. Srinivasan and M. Kannappan, A Study on Consumption of Drugs in India after the Amendment of NDPS Act, International Journal of Pure and Applied Mathematics, Volume 119 No. 17 2018, 1367-1380. 

[4] Ibid.

[5] Punishment for Offences, Department of Revenue https://dor.gov.in/narcoticdrugspsychotropic/punishment-offences

[6] Yash Singhal, Offences and Punishment under the Narcotic Drugs and Psychotropic Substances Act, 1985, iPleaders

[7] Punishment for Offences, Department of Revenue https://dor.gov.in/narcoticdrugspsychotropic/punishment-offences