HISTORICAL EVOLUTION OF NARCOTICS DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

ABSTRACT

One of the main legal tools in India’s fight against drug addiction and trafficking is the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. Its development is influenced by international agreements such as the 1961 Single Convention on Narcotic Drugs and has its roots in pre-independence legislation. The NDPS Act was enacted in response to the growing drug crisis in the 1980s, and it has undergone numerous amendments to improve its efficacy and handle new issues. Particularly for young offenders and addicts, these modifications strike a compromise between strict control measures and humanitarian considerations. The historical development of the Act demonstrates India’s vigorous legislative attempts to improve drug control regulations.

Keywords

NDPS, Drugs, Illegal, Punishment, Drugs, Trafficking, Psychotropic Substance

INTRODUCTION

In our society, drug abuse has been a major threat. Many persons who have been hooked to drugs have done so while under the influence. Drug misuse persists despite the fact that certain medications can aid in medication and that there are recommended dosages. Drug usage has negative effects on the health and psyche in addition to being illegal. This has the potential to greatly impact young individuals, which invites an endless cycle of addiction. The NDPS Act includes measures to reduce drug misuse. The primary goal of the NDPS Act is to outlaw the use, possession, and trafficking of illegal drugs and psychoactive substances. Violations of this law will result in harsh penalties. The NDPS Act was specifically designed to allow for appropriate discipline for sound guidelines and authorization of a system that deals with the use and trafficking of illegal drugs and also targets international execution, which helps to strengthen India’s authority and force over psychotropic substances and their illicit uses.[1]

A drug is any chemical that is given to a patient in order to treat or prevent an ailment or condition. The majority of people in this day and age view drugs narrowly, merely considering them a recreational substance that makes users feel good. Substance abuse in later life has gained significant attention due to its huge role in destroying young lives and posing a threat to society.

However, it is important to remember that legalizing these drugs would be extremely beneficial as it would help to reduce the prevalence of many serious diseases, end the drug trade, and prevent crime syndicates from gaining control over the drug trade. Legalization would also benefit individuals who use drugs for personal use, as they would have access to pure drugs in controlled amounts, reducing the likelihood of drug overdoses and discouraging them from using illegal means to obtain drugs.

Consequently, despite the fact that drug use has unavoidable negative effects, the government must look past these obstacles because they may be overcome with the aid of the creation of an appropriate legal framework.

In order to help people discover the truth about drugs, the government should also support drug awareness campaigns. There are many unfounded tales about drugs and their consequences already in circulation. Additionally, drug education, treatment, and recovery should be supported by the government. A well-regulated and closely monitored government model would undoubtedly benefit the general people if it were to implement.[2]

DRUG CONTROL LEGISLATION IN INDIA: THE FIRST STEP

The mafia operates all across the world, and drug addiction is a global issue. It is a crime against society and ought to be taken very seriously. In India, the number of young individuals using drugs has increased. The purpose of the medications is to undermine the country. The Opium Act of 1857, the Opium Act of 1875, and the harmful substances Act of 1930 were implemented during the British government to maintain control over the trafficking of harmful substances. However, as time has gone on and the sphere of illegal drug trafficking and usage has developed on a national and worldwide scale, numerous shortcomings in the current legal framework have become apparent. [3]

Thus, the NDPS Act was enacted in response to the pressing need for comprehensive law on narcotic drugs and psychotropic substances in order to address these shortcomings and challenges.
In order to resist the threat that would otherwise ruin public and national health, the NDPS Act is a particular statute with a noble objective. It is necessary to admit the guilty and exclude the innocent. Although punishment plays a significant role in drug trafficking, prevention of illicit traffic in narcotic drugs and psychotropic substances is much more crucial.

The goal was not to penalize after the offense was committed, but to stop illegal trafficking altogether. As a result, the courts will have to protect the innocent people’s lives and freedom. The NDPS Act must therefore be interpreted with consideration for its impact on society as a whole, as well as its object and purpose. The Act must be interpreted literally rather than liberally, which could ultimately undermine its goals and preamble. Therefore, it is not acceptable to interpret the relevant statute provisions in a way that favors the accused and the intervener, arguing that only the actual weight of the offending drug matters in determining whether it would be considered a “small quantity” or a “commercial quantity” and that the quantity of neutral substance(s) should not be taken into account.[4]

NDPS ACT: BACKGROUND

Before 1985, there were no laws governing drugs in India. The smoking of cannabis is mentioned in the Atharva Veda, and society accepted its recreational use on a par with alcohol.
Regulations and sanctions pertaining to cannabis and its derivatives were put in place throughout the colonial era. The British government imposed a tax on cannabis and its derivatives, including bhang, ganja, and charas, claiming that this was necessary for the “good health and sanity of the Native people.”

That being said, the British government did not outlaw cannabis use in any form. Prior to the 1961 United Nations Commission on Narcotic Drugs (UNCND) Convention, when the plant and its derivatives were placed on Schedule IV, cannabis was lawful.

The Indian government has ratified and signed the UN Convention on Psychotropic Substances (1971), the UN Single Convention on Narcotics Drugs (1961), and the UN Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988). These agreements suggest certain actions to prevent drug misuse and restrict the use of narcotic and psychotropic substances for research and medical purposes.

Article 47 of the Indian Constitution states that the government would work to make narcotics and alcoholic beverages that are bad for people’s health illegal.

When the NDPS Act, 1985 was passed, consideration was given to Article 47 of the Indian Constitution as well as India’s obligations under the three UN drug agreements[5].

The Narcotic drugs and Psychotropic Substances Act, 1985 (NDPS Act) was approved on November 14, 1985, and it forbade the production, cultivation, possession, sale, purchase, transportation, storage, or consumption of drugs without the necessary permission from the appropriate authorities. These narcotic and psychotropic substances have numerous scientific and medical uses, yet many people take them illegally for intoxication. The Act is mostly divided into six sections, or chapters, with 83 sections in each.[6]

In State of Punjab v. Baldev Singh[7], According to the Supreme Court, Section 37 makes all Act violations cognizable and non-bailable and lays out stringent guidelines for granting bail.
There have been four amendments to the NDPS Act. In the years 1988, 2001, 2014, and 2021 [8].

1) 1988 Amendment: To strengthen the existing provisions, the NDPS Act was amended.
This modification added Section 27 A as well. The topics of harboring offenders and financing illicit traffic are covered in this section. It encompasses funding any of the operations listed in Section 2 (viii a) subclause (i) through (v), whether directly or indirectly.

2) 2001 Amendment: This change provided justification for the sentence. For addicts, the deed was made simple. Additionally, the process for granting bail was simplified. A notable change was the implementation of a graded punishment system, which categorized narcotics into small, intermediate, and commercial quantities, with penalties varying based on these classifications. This aimed to ensure that minor offenders and addicts received more lenient sentences compared to large-scale traffickers. Additionally, the amendment emphasized the treatment and rehabilitation of drug addicts, allowing courts to divert addicts to rehabilitation centers instead of prisons, thus focusing on recovery and reintegration rather than punishment.

3) 2014 Amendment: Early in 2014, the NDPS Act underwent its third amendment, and on May 1^st ,2014, certain additional sections were added to the Act. It gave rise to a new class of necessary narcotic medications, which the federal government can now directly regulate. The purpose of the law was expanded from merely prohibiting illegal use to include the advancement of the scientific and medical use of psychotropic substances and narcotic drugs. This was done in order to support international drug control treaties by maintaining a balance in the regulation and accessibility of narcotic drugs. It changed section 31A to make the death penalty optional for a repeat violation, including the amount of drugs involved. Under this clause, the court now has other options besides imposing a 30-year jail sentence or detention.
Additionally, the maximum sentence for minor amount violations was raised from six months to a year in jail. the involvement of the business sector and their approval in the processing of opium and concentrated poppy straw. the promotion of officers who have been given permission to carry out arrests and search warrant holders for confirmed NDPS infractions. [9]

4) NDPS (Amendment) Ordinance, 2021: The purpose of this ordinance is to address the drafting errors that were present in the 2014 amendment. It created a new provision, Section 2(viii)b, the reference under Section 27A instead of Section 2(viii)a. The modification of Section 27A was considered to take effect retroactively on May 1, 2014. The NDPS (Amendment) Act, 2021 replaced and formalized this Ordinance. On December 29, 2021, the President gave his consent to it.[10]

CRITICAL EVALUATION OF THE ACT

1) Delays in the trial: “Justice delayed is justice denied.” Under this Act, special courts have been established to handle the cases. Nevertheless, in a lot of jurisdictions, these courts are also tasked with handling other matters, which causes unnecessary delays in the resolution of drug-related charges. Furthermore, it might be challenging to locate witnesses, frequently as a result of threats made by the accused, which may include offers of money to become hostile. Several lengthy intervals between the crime’s commission and the trial raised questions about the veracity of the evidence, which resulted in an acquittal due to a lack of proof. It is a well-known fact that skilled advocates will highlight contradictions in the witness’s testimony during cross-examination in an effort to undermine the prosecution’s case.

2) Presumption of Guilt: One of the act’s main flaws is that it assumes the accused is guilty, placing all the burden of establishing their innocence on them[3]. For offenses falling under the NDPS Act’s Sections 19, 24, or 27A, as well as those involving commercial quantities of drugs, bail is typically not granted to the accused.[4] In the Indian legal system, an individual is presumed innocent unless and unless proven guilty. “Justice Delayed is Justice Denied” is a statement that highlights the prevalence of delayed rulings, even with special courts designated for particular instances under this statute. Accused persons who are detained for possessing tiny amounts of drugs are occasionally released from custody after a protracted period of investigation.

3) Harsh Punishments: The Act stipulates that a guilty individual faces a minimum fine of Rs 1 lakh and a maximum fine of Rs 2 lakh, as well as hard imprisonment for a least of 10 years, with the possibility of a 20-year sentence (articles 15-25 and 27A-29). Cannabis-related offenses carry a maximum punishment of Rs 50,000 along with a minimum penalty of five years in prison (section 20). For even relatively tiny amounts of illegal drugs, a person can be imprisoned for up to 10 years under Section 27[5]. Again, these provisions render the Act utterly impracticable. As was previously mentioned, most people who abuse substances are from low-income or rural areas. These individuals are denied justice because they are unable to pay the fines and because legal help is not available to them.

4) Stringent Bail Provisions: A defendant cannot be released on bail under Section 37(1)[6] unless the court has good reason to think the defendant is not guilty and is not likely to commit a crime while out on bond. This language is identical to that of the Prevention of Terrorism Act and the Terrorist and Disruptive Activities (Prevention) Act, both of which drew strong criticism from the human rights community for imposing lengthy prison sentences without charge or trial.[11]

5) Retroactive Effect : While Article 20(1) of the Constitution stipulates that an individual cannot be found guilty of any crime other than breaking the law that was in force at the time the offense is committed, nor can they face a harsher punishment than what could have been meted out under the law that was in force at the time the offense is committed, the government’s amendment goes into force on May 1, 2024.[12]

CONCLUSION

The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985’s historical development demonstrates India’s adaptable approach to the many problems associated with drug control. Originating from colonial-era rules and molded by post-independence policy modifications, the Act was passed in the 1980s to combat the growing threat of drug usage and trafficking. Under the influence of global accords, the NDPS Act has had multiple modifications to improve its effectiveness and accommodate novel issues, most notably in 1989, 2001, 2014, and 2021. These changes ensure a comprehensive approach to drug control by striking a balance between harsh punitive measures and humanitarian concerns. The development of the NDPS Act demonstrates India’s dedication to improving its legal system to successfully address drug-related problems, encourage recovery, and logically apply punishment.

REFERENCES

‘Illegal Drugs and Narcotics in India and Legal Provisions’ https://www.helplinelaw.com/national-and-social/DNITI/drugs-and-narcotics-in-india-and-their-illegal-consumption.html
The Social Impact of Drug Abuse, https://www.unodc.org/pdf/technical_series_1995-03-01_1.pdf
A detailed overview of Narcotic Drugs and Psychotropic Substances Act,1985, https://timesofindia.indiatimes.com/readersblog/legalangle/a-detailed-overview-of-narcotic-drugs-and-psychotropic-substances-act1985-45878/
Narcotic Drugs And Psychotropic Substances Act, 1985 Act (LXI) Of 1985 At A Glance, https://www.legalserviceindia.com/legal/article-7218-narcotic-drugs-and-psychotropic-substances-act-1985-act-lxi-of-1985-at-a-glance.html
Narcotic Drugs and Psychotropic Substances (NDPS) Act – History, Amendments, Objectives & Penalties, https://testbook.com/ias-preparation/ndps-act,
Aditiya Mehmotra, Critique Of Narcotic Drugs And Psychotropic Substances Act, 1985: Plugging The Loopholes, https://www.legalserviceindia.com/legal/article-7966-critique-of-narcotic-drugs-and-psychotropic-substances-act-1985-plugging-the-loopholes.html
NDPS Act: What is the anomaly that led to the amendment? https://www.deccanherald.com/india/ndps-act-what-is-the-anomaly-that-led-to-the-amendment-1060980.html
https://www.juscorpus.com/wp-content/uploads/2022/01/49.-Pratibha-Sahu.pdf
The Narcotic Drugs And Psychotropic Substances, Act, 1985 https://www.indiacode.nic.in/bitstream/123456789/18974/1/narcotic-drugs-and-psychotropic-substances-act-1985.pdf

[1] Illegal Drugs and Narcotics in India and Legal Provisions’ https://www.helplinelaw.com/national-and-social/DNITI/drugs-and-narcotics-in-india-and-their-illegal-consumption.html, (Accessed on Jul. 15, 2024)

[2] Pratibha Sahu, Decriminalization and Legalization of Drug Use in India,

JCLS, (Jan 5, 2022), https://www.juscorpus.com/wp-content/uploads/2022/01/49.-Pratibha-Sahu.pdf

[3] The Social Impact of Drug Abuse, UNDCP, https://www.unodc.org/pdf/technical_series_1995-03-01_1.pdf, (Last Visited Jul 16, 2024)

[4] Hira Singh v. Union of India, (2020)20 SCC 272

[5] Supra 1

[6] Sarthak Awasthi, A detailed overview of narcotic drugs and psychotropic substances act,1985, TOI, Oct 20, 2022, https://timesofindia.indiatimes.com/readersblog/legalangle/a-detailed-overview-of-narcotic-drugs-and-psychotropic-substances-act1985-45878/

[7] State of Punjab v. Baldev Singh (1999) 6 SCC 172

[8] Navin Kumar Jaggi, Narcotic Drugs And Psychotropic Substances Act, 1985 Act (LXI) Of 1985 At A Glance, LEGAL SERVICE INDIA, https://www.legalserviceindia.com/legal/article-7218-narcotic-drugs-and-psychotropic-substances-act-1985-act-lxi-of-1985-at-a-glance.html

[9] Supra 1

[10] Narcotic Drugs and Psychotropic Substances (NDPS) Act – History, Amendments, Objectives & Penalties, https://testbook.com/ias-preparation/ndps-act, (Last Visited, Jul 17, 2024)

[11] Aditiya Mehmotra, Critique Of Narcotic Drugs And Psychotropic Substances Act, 1985: Plugging The Loopholes, LEGAL SERVICE INDIA, https://www.legalserviceindia.com/legal/article-7966-critique-of-narcotic-drugs-and-psychotropic-substances-act-1985-plugging-the-loopholes.html

[12] NDPS Act: What is the anomaly that led to the amendment?
https://www.deccanherald.com/india/ndps-act-what-is-the-anomaly-that-led-to-the-amendment-1060980.html (Last Visited Jul 18, 2024)

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