Important Sections under the NDPS Act
1. Section-3
The Central Government has the authority to add or remove such substances, natural materials, salts, or preparations of such substances, materials, or substances from the list of psychotropic substances, as stated in Section 3 of the NDPS Act. The government can easily implement this at any moment by alerting the public in the official gazette without adopting any legislation or altering the law in accordance with the information at hand or a decision made in accordance with an international convention.
2. Section 7A and 7B
Section 7A gives the Central Government the authority to establish the National Fund for Control of Drug Abuse. The fund is specifically meant to be used to pay for costs associated with the actions taken to combat the illicit trafficking of narcotic narcotics and psychotropic substances. Section 7B includes a requirement for the Central Government to submit an annual report on the projects it funds.
3. Section 8(c)
Any cultivation of the coca plant, the opium poppy, the cannabis plant, or the production, manufacture, possession, sale, purchase, transportation, storage, use, or consumption of any narcotic drug or psychoactive substance is prohibited under Section 8(c). It is also illegal to import into India, export from India, or tranship any narcotic drug or psychoactive substance. The following, however, is an exception to the rule: In accordance with and to the extent permitted by the provisions of this Act or the rules or orders established thereunder, and for medical or scientific purposes.
4. Section 27
The consumption of any narcotic drug or psychotropic substance other than cocaine, diacetyl-morphine, or any other narcotic drug or psychotropic substance may result in a prison term of up to six months, a fine of Rs 10,000, or both. Various penalties are set forth in this section for the consumption of narcotic drugs or psychotropic substances, including harsh imprisonment of up to one year, a fine that may reach twenty thousand rupees, or both.
5. Section 36A
A clause in Section 36A of the NDPS Act called ‘non-obstante’ empowers the Special Court to hear cases punishable by imprisonment for more than three years. This provision is intended to ensure speedy trials. Following are some of the features:
- To expedite the prosecution of crimes, the government may establish Special Courts under the NDPS Act.
- It will be installed in a specific place or areas after being announced in the
official gazette. - A court of session shall be deemed to exist in the Special Court.
- The government will appoint the Special Court’s only judge, who will have the approval of the Chief Justice of the High Court. A judge must first be a sessions judge or additional sessions judge in order to be eligible for appointment as a Special Court judge.
- All offences punishable by a sentence of imprisonment of more than three years may be tried by a Special Court under the NDPS Act.
- A Special Court will decide if there was an offence by looking over a police record, a complaint made by a state official, or a complaint made by a central official.
- The Special Court has been given the ability to try an accused person who has also been charged with crimes under the Code of Criminal Procedure, 1973 in addition to charges under the NDPS Act (CrPC).
- The provisions of the CrPC, particularly those relating to bail and bonds, will govern proceedings before a Special Court.
- The person prosecuting the case in a Special Court is regarded as a public prosecutor.
6. Section 41
According to Section 41 of the Act, magistrates and specially appointed Gazetted officers of the central excise department, narcotics department, customs department, revenue intelligence unit, or any other department of the state are both able to issue search warrants. As a result, while getting information, actions can be conducted quickly and successfully.
7. Section 50
According to Section 50 of the NDPS Act, a person may request that a magistrate or gazetted officer perform a search, and the officer may hold the individual until the magistrate arrives. However, if the officer has reason to believe that the person cannot be taken to the closest constituted officer or magistrate without running the risk of the person being found in possession of any illegal drugs or psychoactive substances, he may proceed to search the person in accordance with Section 100 of the Code of Criminal Procedure, 1973. A copy of the search warrant, which must be given to his immediate supervisor within 72 hours, must include the justifications for this belief.
8. Section 64A
This is a commendable gesture on the part of the government, giving drug addicts the opportunity to receive treatment without being held responsible. An addict must be charged under Section 27 of the NDPS Act or with a crime involving a minor amount of narcotics or psychoactive substances in order to use Section 64A. Additionally, he must seek voluntary medical treatment for addiction; if he does so, he will not be charged with a crime under section 27 or any other provision for offenses involving a minor amount of drugs or psychoactive substances. This immunity, however, may be lost if the addict doesn’t receive thorough therapy to end their addiction.
Narcotic Drugs and Psychotropic Substances (NDPS) Act
To combat drug misuse and outlaw its use, distribution, manufacturing, and trade, the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) was enacted in 1985. Narcotic medicines cause drowsiness, whereas psychotropic substances affect the mind and alter it for the better. The NDPS Act was approved by the Indian Parliament on November 14th, 1985. In the practice of medicine, several substances have a position. As a result, the Act contains provisions for the growth of cannabis, poppies, and coca plants as well as the production of psychoactive compounds related to their growth.
Its main goal is to control the production, acquisition, distribution, and transportation of pharmaceuticals that are regarded as narcotics or psychotropics. This law makes it illegal to sell 200 psychoactive medications to walk-in clients. These medications can only be purchased with prescriptions. Since the law’s creation, numerous changes have been made to it. Furthermore, the NDPS does not distinguish between hard-core criminals engaged in this activity and drug consumers and traffickers. Without the approval of the relevant authorities, it is illegal for anybody to manufacture, produce, cultivate, possess, sell, buy, transport, store, or consume any drug or substance that is regarded as a narcotic or psychotropic. Thus, the purpose of this article is to draw attention to the NDPS Act’s requirements.