NDPS Act Case lawyer in Delhi
The Narcotic Drugs and Psychotropic Substances Act 1985.
The Narcotic Drugs and Psychotropic Substances Bill, 1985 was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament and it was assented by the President on 16 September 1985. It came into force on 14 November 1985 as THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 (shortened to NDPS Act).
Under the NDPS Act, it is illegal for a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance.
The NDPS Act, 1985 and the Punishments imposed.
The NDPS Act, however does not hold back on its vigilance and punishments related to illegal trafficking and distribution of drugs through denial and criminalization of the production, cultivation, possession, sale, use, purchase, import, export and the consumption of narcotic drugs and psychotropic substances. However, the only time the Act provides any leniency is when the drugs are to be used for any medical purposes or for scientific research, which is duly approved by the requisite authorities beforehand.
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 )
- 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.