The Narcotic Drugs And Psychotropic Substances Act 1985 (ndps Act 1985)

By Author: GetLegalIndia
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Narcotic drugs and psychotropic materials have been a menace to any civilized society. When addicted to them it corrupts the user’s mind and he transforms into a different personality.

Its use invigorates the criminality and aggressive behaviour in the user. Especially the younger generation who are the targets of the drug peddlers are easily compromised. They are then made to act to the tune of the bigger wolves who control the drug mafia and finally transform into mere tools in their hands made to commit offences of varied nature which affects the very peaceful existence of the society.

The preamble of the NDPS Act 1985 reads as follows:

An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances 1 [, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances] and for matters connected therewith.

The ...
... NDPS Act 1985 was enacted with an intention to curb the use and sale of Narcotic and Psychotropic substances which has been scheduled and defined in the Act. The NDPS Act 1985 has applicability all over India and to all citizens who are in India or outside India, and to all citizens in a ship or aircraft registered in India

Important Definitions under the NDPS Act 1985
Section 2(i) Addict : means a person who has dependence on any narcotic drug or psychotropic substance. Thus any person who depends on and uses the narcotic drugs and substances shall be deemed to be an addict.

Section 2 (iii) defines Cannabis:

(a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish;

(b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and

(c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared there from;

(iv) “cannabis plant” means any plant of the genus cannabis;

Section 2(v) defines coca derivatives. (v) “coca derivative” means— (a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine;

(b) ecgonine and all the derivatives of ecgonine from which it can be recovered;

(c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and (d) all preparations containing more than 0.1 per cent. of cocaine;

Section 2(vi) and Section 2(vii) defines coca leaf and coca plant respectively.

Section 2(vii(b) defines what is controlled delivery to constitute a punishable offence under the NDPS Act 1985.

(vii( b) “controlled delivery” means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted for them to pass out of, or through or into the territory of India with the knowledge and under the supervision of an officer empowered in this behalf or duly authorised under section 50A with a view to identifying the persons involved in the commission of an offence under this Act.

And controlled substance has been defined as follows: Section 2[(vii(d)] “controlled substance” means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International Convention, by notification in the Official Gazette, declare to be a controlled substance.

The next definition is important as it provides what is illicit traffic in drugs and similar substances.

Section 2(viii(b)]” illicit traffic”;, in relation to narcotic drugs and psychotropic substances, means—

(i) cultivating any coca plant or gathering any portion of coca plant;

(ii) cultivating the opium poppy or any cannabis plant;

(iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transshipment, of narcotic drugs or psychotropic substances;.

(iv) dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in sub-clauses (i) to (iii); or

(v) handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv), other than those permitted under this Act, or any rule or order made, or any condition of any license, term or authorisation issued, there under, and includes—

(1) financing, directly or indirectly, any of the aforementioned activities;

(2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and (3) harboring persons engaged in any of the afore-mentioned activities.

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