The legislation makes it illegal “to manufacture, manufacture, cultivate, possess, sell, transfer, purchase or consume narcotic drugs and psychotropic substances.” The term “narcotic” in the legal sense is very different from that used in the medical context, which refers to a sleep-inducing agent. Legally, a narcotic can be an opiate (a real narcotic), cannabis (a non-narcotic) or cocaine (the exact opposite of a narcotic because it is a stimulant). Psychotropic drugs such as LSD, phencyclidine, amphetamines, barbiturates, methaqualone, benzodiazepines, mescaline, psilocybin and synthetic compounds are called “psychotropic substances” (MDMA, DMT, etc.). 3. Under section 23, any person involved in the illicit import, export or trans-shipment of narcotic drugs or psychotropic substances shall be punished by rigorous imprisonment for a term of 1 to 20 years and fines ranging from Rs 10,000 to Rs 10,000. 2 lakh based on the amount of prohibited substance.4 There are certain procedural safeguards under the NDPS Act, such as Panchnama, seizure report, seal report, proper arrest report. etc. One of the key features of the NDPS Act is that not only is drug use a criminal offence, but drug possession is also a criminal offence. That is, you have kept illegal drugs in your home, but you do not use them, you will still be punished under the sections of the HNS Act. Drug use is punishable under section 27 of the NDPS. To address these shortcomings, a bill to amend the HNS Act was passed by Parliament in 2014. The amendment seeks to adapt the Act to current trends and international standards, as opposed to when it came into force.
The amendment also contains provisions to improve the treatment and care of addicts, moving from abstinence-based services to treating addiction as a chronic but manageable disease. The culmination, however, is the inclusion of some “essential medicines” that pave the way for a progressive mindset. Although the amendment paves the way for private sector participation in the processing of opium and concentrated poppy straw, it remains silent on the issue of marijuana, which produces smoke in much of the international community.3 The drug laws in India are governed by the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”), which was adopted on 14 July. It was established by the Indian Parliament in November 1985. The purpose of the Act was to restrict the possession, consumption, distribution, sale and importation of the most addictive drugs known to mankind and to impose new deterrent penalties on anyone who committed a crime under the Act. Our Indian criminal jurisprudence is aware of two types of crimes committed by the individual, i.e. traditional crimes involving a specific person, such as murder, theft, assault, fraud and white-collar crime, or socio-economic crimes affecting the general public, such as smuggling, illicit trafficking, fraud and drug-related crime. “It should be borne in mind that in the case of murder, the accused commits the murder of one or two persons, while drug traffickers are instruments for causing death or dealing the final blow to a number of vulnerable innocent young victims: this has harmful and deadly effects on society; they represent a danger to society; Even if they were released temporarily, they would in all likelihood continue their shameful activities of trafficking and/or clandestine drug trafficking. The reason may be a large participation and illegal profit. The data also suggests that softer drugs are the problem in India more than hard drugs. These include cough syrups or gum liquid, which are readily available on the market.
“Legalization and illegality must therefore be viewed differently in the context of India,” he said. 1. The acquisition, import, export, manufacture, extraction, separation, manufacture, possession, acquisition and abuse of narcotic drugs listed in Schedules 1, 2 and 4 and any other activities and practices related to these drugs are prohibited. So if you have ever been sick or sick, then you need to be familiar with a type of drug, which is a medicine, drugs are the legal form of drugs. So if a doctor prescribes medications, you can consume them legally. It is essential for people`s health. Another category of drugs are cigarettes and alcohol, even if they consume them and are not promoted or encouraged, once you are of age, you can use them. So when you hear the words “drug abuse” or “addict,” it means the use of illegal or abusive drugs. India is a party to the three United Nations drug conventions, namely the Convention on Psychotropic Substances (1971 Convention), the Single Convention on Narcotic Drugs, 1961 (1961 Convention) and the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988 Convention). Thus, it can be said officially that the NDPS Act was introduced for a specific purpose, which was to provide appropriate penalties for stricter powers and a strengthened enforcement system for drug trafficking, as well as the ability to enforce the international conventions to which India is a party, while developing much-needed control over psychotropic substances and their illegal use. To date, three amendments have been made to this law, namely: in 1989, 2001 and today, in 2014, all with the aim of dealing with the problem of drug trafficking more effectively and vigilantly.
This Act is a mandatory prohibition on the production, cultivation, sale, possession, trafficking, purchase, use, consumption and import or export of psychotropic substances and narcotic drugs, except those used for scientific or medical purposes, as provided for in the Act. The NDPS Act includes three main categories of substances, namely: Federal Act No. 14 of 1995 deals with measures to combat narcotic drugs and psychotropic substances. The bail provisions fall within the scope of Chapter IV of the NDPS Act, which deals with the identifiable and non-bailable aspects of crimes. The reason section 37 is a negative provision is that it controls the crimes surrounding drugs that flood the market, and Parliament has mandated bail for defendants under the NDPS Act. The NDPS law has been heavily criticized over the years for punishing repeat offenders with the death penalty if the number of drugs exceeds a certain level, which was finally clarified by an amendment in 2014, clarifying that the applicability of the death penalty is not mandatory.