Narcotic Drug & Psychotropic Substances Act 1985: Features & More | UPSC Notes

Narcotic Drug & Psychotropic Substances Act 1985 is a legislation passed on 14th November 1985. It regulates the Storage, Consumption, Transport, Cultivation, Possession, Sale, Purchase, and Manufacturing of Narcotics and Psychotropic substances. The act defines these substances and imposes severe penalties for violation. It was amended four times in 1988, 2001, 2014, and 2021. The NDPS (Amendment) Act 2021 was passed on 29th December 2021.

NDPS Act is an essential part of the UPSC IAS exam syllabus. This topic comes under the Indian Polity part of the Mains General Studies Paper 2 syllabus and General Studies Paper -1 of the UPSC Prelims syllabus.

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What is Narcotic Drug and Psychotropic Substance Act 1985?

The Narcotic Drugs and Psychotropic Substance Act or the NDPS Act of 1985 is a comprehensive legislation to regulate the Storage, Consumption, Transport, Cultivation, Possession, Sale, Purchase, and Manufacturing of Narcotics and Psychotropic substances. 

As defined by the act in Section 2(x)(4)(xiv), Narcotics include Poppy Straw, Opium, Cannabis (hemp), and Leaves of Coca. As per Section 2(xxiii), psychotropic substances include any salt, preparation, synthetic or natural material, etc., specified in the schedule of the NDPS Act. In March 1986, the Narcotics Control Bureau was established per the NDPS Act's provisions. 

Background of NDPS Act

Till 1985, cannabis and its derivatives, which include Bhang, Charas, and Marijuana, were not restricted in India. In 1961, the USA adopted the Single Convention On Narcotics Drugs. It was the first International treaty against drugs that clubbed Hard Drugs with Cannabis and imposed a blanket ban on their use except for research and medical use. The USA also started to campaign for a Global law against all drugs. Opium and cannabis-producing nations, led by India, opposed this move. But in 1885, they succumbed to global pressure. The Rajiv Gandhi Government finally enacted Legislation against all kinds of Narcotics and Psychotropic Substances in 1985, called the NDPS Act. 

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Amendments of NDPS Act

The NDPS Act has been amended four times. In 1988, 2001, 2014, and 2021. 

• 1988 Amendment: Stricter provisions were added by amending the NDPS Act. 
  • Section 27 A was also added through this amendment. 
  • This section is related to Harbouring the Offenders and Financing Illicit Traffic. 
  • It includes financing, directly or indirectly, any of the activities mentioned in Section 2 (viii a) subclause (i) to (v).
• 2001 Amendment: the sentencing was rationalized by this amendment. 
  • The act was made easy for addicts. 
  • The provision for granting bail was also made easy.
• 2014 Amendment: This amendment was made so that better access to narcotics drugs could be made for Medical purposes. 
  • Despite India being a top producer of opioid analgesic drugs, Morphene, medical agencies find it difficult to access the drug. 
  • This was mainly due to the strict regulations under the NDPS Act.
  • It centralized the transport of Essential Narcotic Drugs, thus removing the barriers imposed by different states. 
  • For this, provisions were added in Sections 2 and 9. 
  • These provisions defined the ‘Essential Narcotic Drugs’ and allowed their use and transportation.
  • However, a drafting error was made in the amendment. The enabling provisions under Section 27A missed changing 2(viii)a to Section 2(viii)b. Due to this, any of the punishments under Section 27A could not be applied.
• NDPS (Amendment) Ordinance, 2021: This Ordinance was brought to rectify the drafting issues associated with the 2014 amendment.
  • It changed the reference under Section 27A from Section 2(viii)a to a new clause, i.e., Section 2(viii)b.
  • The amendment of Section 27A was deemed to be effective retrospectively from 1st May 2014.
  • This Ordinance was replaced and concretized through the NDPS (Amendment) Act, 2021. It received the President’s assent on 29th December 2021.

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Objectives of the NDPS Act 

• To consolidate all the laws and provisions related to regulating the possession and usage of Narcotic drugs and Psychotropic substances.
• To bring comprehensive Legislation to regulate the Storage, Consumption, Transport, Cultivation, Possession, Sale, Purchase, and Manufacturing of Narcotics and Psychotropic substances.
• To establish a mechanism for strict punishment and penalties for violation.
• To give effect to the Global Conventions related to Narcotics and Psychotropic substances. These include the UN Convention Against Illicit Traffic in NDPS, the Single Convention on Narcotic Drugs, and Convention on Psychotropic Substances.
• To establish a mechanism for forfeiture of drugs and substances related to Narcotics. Along with the properties obtained through illegal drug trafficking.
• To establish an institutional mechanism to regulate the issue of the misuse of drugs in India. The Narcotics Control Bureau (NCB) was established for this purpose.

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Penalty for Violation of the NDPS Act

Many offenses related to narcotic drugs and psychotropic substances have been given very stringent punishments under the NDPS Act of 1985. The reason is that it should deter such activities and people should follow the law. Some of the major punishments, which are given under the NDPS Act, are as follows:

• Small Quantity: Harsh imprisonment from one year, or penalty up to ₹10,000, or both.
• Over small quantity but less than commercial quantity: Rigorous Imprisonment up to 10 years and fine up to ₹1 lakh.
• Commercial Quantity: Rigorous Imprisonment not less than 10 years or up to 20 years and a fine of minimum ₹1 lakh that can extend up to ₹2 lakhs.
• Possession of drugs, other than charas and hashish: 6 months imprisonment or fine of up to Rs. 10,000 or both.
• Consumption of Other Drugs: Imprisonment up to 1 year, or fine up to ₹ 20,000 or both.
• Repeat Offenses: Enhanced imprisonment and fine for second and further convictions for consumption of drugs.
• Embezzlement of Opium by Licensed Grower: Rigorous imprisonment for a term which may extend to 10 years, and a fine up to ₹1 lakh.
• Financing illicit Activities: Rigorous imprisonment for not less than 10 years, which can extend up to 20 years, and a fine not less than ₹1 lakh, which can extend up to ₹2 lakhs.
• Harboring Offenders: Imprisonment not below 10 years, which extends up to 20 years, and a fine not below ₹1 lakh, which extends up to ₹2 lakhs.
• Attempt, Preparation, or Abetment of Offenses: Punishable with the same penalty as the main offense.
• Repeat Offenders: In case of some of the repeat offenses, it gives a minimum of 15 rigorous years of imprisonment which may extend upto 30 years and minimum fine ₹1.5 lakhs which may extend up to ₹3 lakhs.

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Section 27 A of the NDPS Act 

Section 27 A of the NDPS Act deals with the punishment for harboring offenders and financing Illicit traffic. This includes being directly or indirectly involved in funding the illicit activities mentioned in sub-clauses (i) to (v) of section 2(viii) or harbouring any offender involved in these activities.

The punishment for such an offense is at least ten years of rigorous imprisonment extended up to twenty years, along with a fine of one lakh rupees that may be extended to two lakh rupees. The Court may exceed the limit of two lakh rupees if it decides. 

Why was Section 27 A of the NDPS Act Inoperable?

• Section 27 of the NDPS Act became inoperable due to a drafting error in the 2014 Amendment.
• Section 27 mentions that activities mentioned in sub-clauses (i) to (v) of section 2(viii) or harboring any offender involved in these activities shall be punishable.
• But after the 2014 Amendment to the act, Section 2(viii)a, subclause (i) to (v) does not exist. 
• This made Section 27A punish a blank list of activities.
• Section 27A should have mentioned Section 2(viii)b after the 2014 amendment.
• In a 2016 case, the accused pointed out this error before a District Court. The Court referred the matter to the Tripura High Court.
• The Tripura High Court agreed to look into the act as a whole, rather than just one section, at the request of the Government. 
• But it also indicated that its retrospective application might violate Article 20 of the Constitution. This Fundamental right prohibits retrospective amendment of criminal laws.
• Later, the NDPS (Amendment) Ordinance, 2021 and the NDPS (Amendment) Act, 2021 corrected this drafting error.

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Criticism Against NDPS Act 

One of the main criticism faced by the NDPS Act is that it fails to distinguish between Hard and Soft Drugs. Imposing the same penalties for both kinds of drugs would encourage the drug dealers to move towards supplying Hard Drugs, in which there is a better profit margin. Some experts believe that making soft drugs legal would reduce heroin addiction. The ban on cannabis is seen as an ‘elitist move’.

Other groups of experts believe that allowing soft drugs would lead a person towards hard drugs later on.

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Drug Control Initiatives in India

Some of the major drug control initiatives in India include the following:

• Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act): It enacts laws associated with narcotic drugs, imposes stringent controls over drug abuse and trafficking, and contains provisions for punishment, regulation, and rehabilitation.
• Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988: This provides preventive detention measures for persons involved in illicit trafficking for completing the NDPS Act.
• Narcotics Control Bureau (NCB): It was mainly established in 1986; it coordinates the action of central and state agencies enforcing drug laws, collects intelligence, conducts interdiction operations, and coordinates with international agencies.
• Central Bureau of Narcotics (CBN): It regulates licensing and cultivation of poppy besides opium production, manufacture, and sale, as well as synthetic drugs. Besides, it enforces requirements related to import/export of narcotic drugs and psychotropic substances.
• United Nations Conventions: India is a signatory to the international conventions like Single Convention on Narcotic Drugs (1961), Convention on Psychotropic Substances (1971), and United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988) with other related conventions, further strengthening cooperation and aligning the country with the rest of the world's policies towards drugs.
• National Action Plan for Drug Demand Reduction: It lays down a comprehensive framework that reduces drug demand through both preventive, treatment, and rehabilitative measures in conjunction with education and awareness and community participation.
• Public Awareness Campaigns: The government undertakes vast public awareness campaigns through several media channels, education programs, and outreach in local communities to make the citizenry aware of the harm caused by drug abuse.

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Conclusion 

Drug addiction and illegal drug use are major socio-economic problems in India. The Government has brought several initiatives and programs to handle this issue. These steps involve the prohibition of drugs and the rehabilitation of addicts. The NDPS Act has significantly controlled the use and illegal trafficking of these drugs in India. Law enforcement agencies need to be better trained and equipped to deal with national and transnational dealers of drugs. For this, the international network of agencies should also coordinate and cooperate. 

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