The Legal Zone

Narcotic Drugs and Psychotropic Substances Act also commonly termed as the NDPS Act, made with the purpose to control drugs of abuse and prohibit its use, dissipation, distribution, manufacture, and trade of substance of abuse. Narcotic drugs are those which induce sleep while psychotropic substances have the ability to alter the mind of an individual. NDPS Act came into existence on 14 November 1985 by Parliament of India. Although, as these kinds of drugs have their importance in the practice of medicine. Thus, the act also has provisions for the cultivation of cannabis, poppy, or coca plants and manufacture of any psychotropic substances dealing with the medicinal practices. Main agenda of the act is to have a control on manufacture, possession, sale and transport of such narcotic and psychotropic substances. The act bans around 200 psychotropic substances resultant upon these drugs are not available over the counter for any walk in individual. These drugs are on sale only when prescription for the same is available. Violation of this law may result into punishment including rigorous imprisonment or fine or both. The degree of punishment is dependent upon the harshness of the case being dealt with. If the drugs are used for personal use then the punishment may be lesser. Although since the establishment of the law, it has been amended time and again. But due to the availability of synthetic drugs and issues relating to street drugs and designer drugs, the problem in dealing with new drugs having the nature of substance of abuse is a difficult task. Besides NDPS also lacks in differentiating among users, drug peddler and hard core criminals in this drug trade. The present study is an overview on the NDPS act and its competency.

The aim and purpose of introducing this Act has been to induct stringent provisions which would regulate and prohibit the operations relating to narcotics drugs and psychotropic substances.

Narcotic drugs are of two kinds- natural and synthetic. Natural narcotic drugs of great medical use such as morphine, codeine and thebaine are produced from opium. Synthetic narcotic drugs are manufactured in factories and do not need any plant products as raw material. Thus, the manufacture of natural narcotic drugs indirectly affects the demand for opium and the area in which farmers should be allowed to cultivate opium. Hence, sudden change in production levels of natural narcotic drugs should be avoided to cause least difficulties to the farmers. India is one of the few countries that are internationally permitted to grow opium and successive resolutions of the UN Economic and Social Council require India (and other producing countries) to maintain a balance between demand and supply. Thus, on the one hand, India shares with other opium poppy growing countries the responsibility of ensuring that there is adequate supply of opium and opiates in the world and on the other has the responsibility to avoid excessive accumulation of stocks.

The Narcotics Control Bureau was created in March 1986 in terms of Section 4 (3) of the Narcotic Drugs and Psychotropic Substances Act, 1985, which envisages an authority for taking measures with respect to such matters under the Act as may be specified by the Central Government, subject to the supervision and control of the Central Government. The notification dated 17-3-1986 constituting the NCB sets out the following charter for the Bureau:

• Coordination of actions by various officers, State Governments and other authorities under the principal Act, the Customs Act, 1962, the Drugs and Cosmetics Act, 1940 and any other law for the time being in force in connection with the enforcement of the principal Act.

• Implementation of the obligations in respect of counter-measures against illicit traffic under various international conventions.

• Assistance to the concerned authorities in foreign countries and concerned international organizations with a view to facilitating coordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances.

• Coordination of actions taken by the Ministry of Health and Family Welfare, the Ministry of Welfare and other concerned Ministries,Departments or Organisations in respect of matters relating to drug abuse.

While this notification sets out the broad charter of the Narcotics Control Bureau, the detailed functions of the Bureau were elaborated in O.M.No.50/71/86-Ad.I dated 2nd Feb,1987 issued by the Department of Revenue. Subsequently after the NDPS Act was amended in May 1989 to inter- alia provide for control over precursor chemicals , the implementation of domestic controls over precursors was also assigned to the Bureau. In addition to these functions, the Narcotics Control Bureau is also responsible for the enforcement of the provisions of the NDPS Act which it does through its ten zonal and regional offices. The Narcotic Drugs and Psychotropic Substances Act 1985 constitutes the statutory framework for drug law enforcement in India. This enactment consolidates the erstwhile Acts viz., the Opium Act 1857; the Opium Act 1878 and the Dangerous Drugs Act, 1930. India is a party to the 1961 Single Convention, the 1971 Convention Against Psychotropic Substances and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. India's obligations under these Conventions are implemented domestically through appropriate provisions in the NDPS Act. In addition to being a signatory to all the three International Conventions on Narcotic Drugs and Psychotropic Substances as specified in the above para, India has signed Bilateral Agreements/MoUs exclusively on drug related matters with 14 countries and Bilateral Agreements on criminal matters and related matters, wherein drugs related matters are also included, with 9 countries. In addition, Bilateral Agreements/MoUs with 24 countries exclusively on drug related matters have been proposed and these are at various stages of finalization. At the operational level, India's drug law enforcement strategy has focused upon combating trafficking through appropriate intelligence, interdiction and investigative initiatives, eradicating illicit drug crops, preventing leakages from our licit opium crop, implementing a regime of domestic and international trade controls over select precursor chemicals, and targeting assets derived from drug trafficking by confiscation and forfeiture. Given India's size and the federal nature of our polity, a number of agencies both at the Centre and in the States, have been empowered to enforce the provisions of the NDPS Act. Effective coordination between these agencies is vital for the efficacy of our drug law enforcement strategy. This coordinating role has been assigned to the Narcotics Control Bureau. In accordance with its charter, the Bureau discharges the following functions:-

• Coordination among various Central and State Agencies engaged in drug law enforcement,

• Assisting States I enhancing their drug law enforcement effort,

• Collection and dissemination of intelligence,

• Analysis of seizure data, study of trends and modus operandi,

• Preparation of National Drug Enforcement Statistics,

• Liaison with International agencies such as UNDCP, INCB, INTERPOL, Customs Cooperation Council, RILO etc,

• National contact point for intelligence and investigations