Healthyvives Health Blog

NDPS Act, 1989
The NDPS 1985 Act was amended in 1989. The statement of objects and reasons appended to the Bill was as follows: In recent years, India has been facing a problem of transit traffic in illicit drugs. The spillover from such traffic has caused problems of abuse and addiction. The Narcotic Drugs and Psychotropic Substances Act, 1985 provides deterrent punishment for drug trafficking offences. Even though the major offences are non- bailable by virtue of the level of punishments on technical grounds, drug offenders were being released on bail. In the light of certain difficulties faced by the enforcement of the Narcotic Drugs and Psychotropic Substances Act 1985, the need to amend the law to further strengthen it has been felt.
The 1989 Amendment sought to provide for the following:
1) To constitute a National Fund for Control of Drugs Abuse to meet the expenditure incurred in connection with the measures for combating illicit traffic and preventing drug abuse;
2) To bring certain controlled substance which are used for manufacture of narcotic drugs and psychotropic substances under the ambit of Narcotic Drugs and Psychotropic Act and to provide deterrent punishment for violation there of;
3) To provide that no sentence awarded under the Act shall be suspended, remitted or commuted;
4) To provide for pre-trial disposal of seized drugs;
5) To provide death penalty on second conviction in respect of specified offences involving specified quantities of certain drugs;
6) To provide for forfeiture of property and a detailed procedure relating to the same; and
7) To provide that the offences shall be cognizable and non-bailable.
Scope of the Act
This Act has 83 sections and one schedule giving the list of psychotropic substances. These can be classified as under:
1) Sections 15 to 27A, concerned with punishment of various offences.
2) Residuary penal provision – section 32.
3) Section 28 to 30 (attempt, abetment and preparation)
4) Enhanced punishment after conviction – Sections 31 and 31A (Section 31A provides death penalty for certain offences).
5 ) Offences by companies – section 38.
6) Prohibition against suspension of sentences etc. and release on probation – Sections 32A and 33)
7) Security – Section 34.
Presumption of culpable mental state – Section 35 (also 53A 54 and 60) and
9) Special courts – Sections 36 to 36 D
Authorities and Officers
The Central Government is authorized to take measures for preventing and combating abuses of and illicit traffic in narcotic drugs etc. These measures includes:
1) Coordination of action between authorities/state governments etc.
2) Meeting obligations under international conventions.
3) Assistance to concerned authorities in foreign countries and other international organisations to facilitate coordination and universal action for prevention and suppression of illicit traffic.
4) Identification, treatment, education, after care, rehabilitation and social re-integration of addicts.
5) Such other matters for effective implementation of the provisions of this Act.

Section 4 empowers the Central Government to take measures for preventing and combating (a) abuse of and (b) illicit traffic in narcotic drugs and psychotropic substances. The Narcotics Control Bureau was constituted under this section in March 1986.

Under Section 5 of the Act, the Central Government appoints a Narcotics Commissioner and such other officers and they exercise all powers and perform all functions relating to the superintendence of the cultivation of the opium poppy and production of opium.

Under Section 6 of the Act, the Central Government constitutes an advisory Committee called The Narcotic Drugs and Psychotropic Substances Consultative Committee to advise the Central government on such matters relating to the administration of this Act.

Section 7 gives similar powers to the State Governments to appoint such officers as necessary for the purposes of this Act. National Fund for Control of Drug Abuse Section 7 A gives authority to the Central Government to constitute a Fund called the National Fund for Control of Drug Abuse. This fund is to be applied to meet the expenditure incurred in connection with the measures taken for combating illicit traffic in, or controlling abuse of narcotic drugs and psychotropic substances.
Under Section 7 B, the Central Government is to give an annual account of the activities financed under this fund.

Prohibition, Control and Regulation
Section 8 of the NDPS Act prohibits the following operations. It is stated that no person shall:

• Cultivate any coca plant or gather any portion of coca plant; or
• Cultivate the opium poppy or any cannabis plant; or
• Produce, manufacture, possess, sale, purchase, transport, warehouse, use, consume, import inter-state, export inter-state, import into India, export from India or transship any narcotic drug or psychotropic substance except for medical or scientific purpose and in the permitted manner (under license and in accordance with the terms and conditions of such license, permit or authorization).
Possession requires two elements: (a) physical control or ability to exercise physical control; and (b) knowledge that a thing is in one’s custody or under one’s physical control. Thus the physical element (custody or control) as well as the mental element (Knowledge), have to be proved against an accused before he can be punished under this section.