Substance addiction isn’t a thing that is new to India. However, with the advent of the Narcotic Drugs and Psychotropic Substances Act, (NDPS Act) in 1985 India took a step closer to removing this fast-developing trouble which has been regarded to consume countries like Mexico or even the USA. With the assist of this Act and its additional amendments as consistent with the desires of the society in 2001 and 2014, India has been very stringent on anti-drug petitions and has been chronic in the imposition of firm punishments for drug trafficking and drug endorsements Nearly with three million medication and drug addicts and a total of almost ten suicides each day because of the repercussions of the stated dependency, India is among the world’s major drug-pin countries with little get admission to rehabilitation facilities for most such individuals. Under Section 2(1) of the Drugs (Control) Act, 1950, the definition of a drug provider has been described as someone carrying on, both personally or via some other person, the business of promoting any drugs, whether or not wholesale or retail.   

Drug Law Enforcement Agencies in India
There are few primary drug enforcement agencies in India such as:

  • The Narcotic Control Bureau (NCB)
  • The Narcotics Control Division
  • The Central Bureau of Narcotics (CBN)
  • Other Agencies like the Central Bureau of Investigation, Customs Commission, Border Security Force, Directorate of Revenue Intelligence.

Narcotic Drugs and Psychotropic Substances Act, 1985

India is a member of the 3 United Nations drug conventions. Thus, formally it is able to be stated that the NDPS Act was instituted with a selected reason which becomes to offer adequate penalties for extra stringent powers and a strengthened enforcement device for drug trafficking while also developing much-wanted manipulation over psychotropic materials and their illicit uses. Till date, three amendments took place to this Act i.e., in 1989, 2001, and currently, in 2014, all made with the reason of dealing with the problem of drug trafficking in an extra effective and vigilant manner.

NDPS Amendments, 2014: The NDPS Act was amended in early 2014 for the third time and the new provisions had been inserted in the Act from 1 May 2014. The predominant highlights of these new modifications such as they created a unique class of essential narcotic drugs, that can be directly regulated by the central government. Also, the modification widened the intention of the regulation from comprising of illegal use to the promoting of the scientific and medical use of psychotropic substances and narcotic drugs with regards to the rule of balance within the control and accessibility of narcotic drugs that aid the worldwide drug manipulate treaties of the world, and so on.

The punishment for offenses
The NDPS Act does not offer any leniency in drug-associated offenses because it considers them to be highly serious and dangerous in nature and thus, the punishments for them are very strict within this Act. The quantum of sentence and fine differs with the offense. For a maximum of the offenses, the punishment absolutely is based upon the quantity of drug blanketed which might be a little quantity, more than a touch, but not as lots because of the enterprise quantity of medicine that’s dealt in. Commercial and small quantities are notified for every drug nevertheless.

Offences and Penalties

  • Cultivation of coca plants, opium or cannabis without license is a criminal offense which can led to rigorous imprisonment up to 10 years + fine up to Rs. 1 lakh under section 18(C), 20, 16 of NDPS Act.
  • If a licensed farmer embezzles the opium, it is also a criminal offense which can led to rigorous imprisonment up to 10 to 20 years + fine up to Rs. 1 to 2 lakhs under section 19 of NDPS Act.
  • Illegal manufacturing or sale of psychotropic substances and narcotic drugs:
    • Imprisonment for up to 6 months or fine of Rs. 10,000 or both can be imposed if found with small quantity of narcotic drugs.
      • Imprisonment for up to 10 years or fine of Rs. 1 lakh, or both for holding more than a small quantity but less than the commercial quantity
      • Punishment is rigorous imprisonment for up to 10-20 years, fine of Rs. 1-2 lakh, or both for holding commercial quantity, but slightly less than commercial quality
      • Under section 23, import or export of psychotropic substances and narcotic drugs is illegal and a criminal offense.
      • you are liable under section 25 of the NDPS Act and will be awarded the same punishment mentioned under section 20, if your place is used for such offenses.

Loopholes within The Act
India’s present statute on drug trafficking continues to be loose and not free from the various loopholes which depart certain aspects withinside the regulation ambiguous to the parties involved:

  • The Act has no reasonable difference between the definition of an addict and a consumer. The definitions which have been tried so far are neither backed through law nor via way of ethics.
  • The Act continuously uses phrases that include use, possession, and intake nonetheless neglects to state and educate about what they actually mean.
  • Further, the non-appearance of any political initiative in the setting up of equipment sanctioned to put in force and regulate rehabilitation acts as an obstacle too.

Moreover, there’s a big lack in the number of statistics and records pertaining to drug dependency which in no manner in any way arises virtually from the absence of substance abuse.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.