The NDPS Act further appeared to conceive strict punishments for drug trafficking, to expand implementation powers and to implement international conventions which India is associated with and also to direct psychotropic substances and regulate their usage. This is a predominantly reformatory statute since it primarily furnishes the regulation of drugs. This statute also provides for capital punishment which can be granted as a form of punishment under the Act directly. The amendment of 2014 further held that the decision to grant capital punishment lies at the discretion of the court and it instead stipulates 30 years of detainment as a substitute for capital punishment.

With a specific end goal to supplement the NDPS Act, the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act came into existence in 1988. It contains provisions relating to the preventive detention of any and each person who is associated with or accused of drug trafficking.

Drug Law Enforcement Agencies In India

Following are the primary drug enforcement agencies in India:

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

Legislative Policies In India In Drug Related Matters.

The legislative policies over drug related matters are broad and many and are thus covered within the following three Central Acts:
The Narcotic Drugs and Psychotropic Substances Act, 1985.Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.Drugs and Cosmetics Act, 1940.

The Drugs and Cosmetics Act, 1940

The Drugs and Cosmetics Act, 1940 is an act of the Parliament of India which regulates the import, manufacture and distribution of drugs in India.[1] The primary objective of the act is to ensure that the drugs and cosmetics sold in India are safe, effective and conform to state quality standards.[2] The related Drugs and Cosmetics Rules, 1945 contains provisions for classification of drugs under given schedules and there are guidelines for the storage, sale, display and prescription of each schedule.

Type of Drugs under The Drugs and Cosmetics Act, 1940.

Misbranded drugs: A drug shall be deemed to be misbranded—  (a) if it is so coloured, coated, powdered or polished that damage is concealed or if it is made to appear of better or greater therapeutic value than it really is; or  (b) if it is not labelled in the prescribed manner; or  (c) if its label or container or anything accompanying the drug bears any statement, design or device which makes any false claim for the drug or which is false or misleading in any particular.

Misbranded cosmetic: A cosmetic shall be deemed to be misbranded—

• If it contains a colour which is not prescribed; or
• Type of Drugs under The Drugs and Cosmetics Act, 1940.Type of Drugs under The Drugs and Cosmetics Act, 1940.If it is not labelled in a prescribed manner; or
• If the label or container or anything accompanying the cosmetic bears any statement which is false or misleading in any particular.

Adulterated drugs: A drug shall be deemed to be adulterated

• If it consists, in whole or in part, of any filthy, putrid or decomposed substance; or
• If it has been prepared, packed or stored under insanitary conditions whereby it may have been contaminated with filth or whereby it may have been rendered injurious to health; or
• If its container is composed in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
• If it bears or contains, for purposes of colouring only, a colour other than one which is prescribed; or
• If it contains any harmful or toxic substance which may render it injurious to health; or
• If any substance has been mixed therewith so as to reduce its quality or strength. e.g. supply of cheap cottonseed oil in stead of olive oil

Spurious drugs: A drug shall be deemed to be spurious

If it is imported under a name which belongs to another drug; or • If it is an imitation of, or a substitute for, another drug or resembles another drug in a manner likely to deceive or bears upon it or upon its label or container the name of another drug unless it is plainly and conspicuously marked so as to reveal its true character and its lack of identity with such other drug; or  If the label or the container bears the name of an individual or company purporting to be the manufacturer of the drug, which individual or company is fictitious or does not exist; or If it has been substituted wholly or in part by another drug or substance; or  If it purports to be the product of a manufacturer of whom it is not truly a product. e.g. when methamphetamine is sold as cocaine.

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