16 Sep Full text containing the act, Narcotic Drugs and Psychotropic Substances Act, , with all the sections, schedules, short title, enactment date. SUBSTANCES ACT, INTRODUCTION. The statutory control over narcotic drugs was being exercised under The. Opium Act, , The Opium Act, To combat this, the Government of India formulated the Narcotic Drugs and Psychotropic Substances (NDPS) Act, , which provides the current framework.
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Subject to the provisions of section 8, the Central Government may, by rules, permit, regulate and prescribe any other matter requisite to render effective the control of the Central Government over any of the matters specified below:.
Any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances Amendment Act,until a Special Court is constituted under section 36, shall, notwithstanding anything contained in the Code of Criminal Procedure,be tried by a Court of Session, provided that offences punishable under sections 26, 27 and 32 may be tried summarily.
Whoever engages in or controls any trade whereby a narcotic drug or a psychotropic substance is obtained outside India and supplied to any person outside India without the previous authorization of the Central Government or otherwise than in accordance with the conditions if any of such authorization granted under section 12, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but may extend to two lakh rupees.
Sathpathy has also advocated the legalisation of cannabis. When a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under sub-section 2 or sub-section 2A of section of the Code of Criminal Procedure,such Magistrate may authorize the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate, provided that where such Magistrate considers when such person is forwarded to him as aforesaid; or upon or at any time before the expiry of the period of detention authorized by him, that the detention of such person is unnecessary, he shall order such person to be forwarded to the Special Court having jurisdiction.
Punishment for contravention of orders made under section 9A. Every offence punishable under this Act shall be cognizable; and no person accused of an offence punishable for a term of imprisonment of five years or more under this Act shall be released on bail or on his own bond unless the Public Prosecutor has been given an opportunity to oppose the application for such release, and where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
Prevalence and pattern of alcohol and substance abuse in urban areas of Rohtak city. Security for abstaining from commission of offence. The Act extends to the whole of India and it applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India.
Why is alcohol excluded and opium included in NDPS act, 1985?
For the purpose of this section, a fact is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability.
Postgraduate Institute of Medical Education and Research; A number of other psychoactive substances are being added daily to the present list of psychotropic substances.
A 33 year follow-up of narcotic addicts. The United States acg to campaign for a worldwide law against all drugs, following the adoption of the Single Convention on Narcotic Drugs in Power to tender immunity from prosecution.
The crucial need, from a public health perspective, is to consider some legal control especially for the hazardous or predependent stages use of alcohol, a recommendation suggested even by the World Health Organization.
Police to take charge of articles seized and delivered. Essentially, the Act deals ac supply reduction activities of psychotropic substances namely, cannabis, cocaine and opium. The various sections under this chapter prescribe a minimum term of rigorous imprisonment of 10 years, which may extend to 20 years for offenders, and also a fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.
Information as to commission of offences. We also considered the age of onset of ICD dependence as the age of first onset of the third criterion among the six criteria.
Why is alcohol excluded and opium included in NDPS act, ?
Power of entry, search, seizure and arrest without warrant or authorization. Average duration from onset of substance use and from onset of the first criterion of the development of dependence was 8. Retrieved 2 March Drug deaddiction and treatment centre.
When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act, with which the accused may, under the Code of Criminal Procedure,be charged at the same trial.
This page was last edited on 14 September 19985, at Punishment for illegal possession in small quantity for personal consumption of any narcotic drug or psychotropic substance cat consumption of such drug or substance.
Saving of State and special laws. Application of Code to proceedings before a Special Court. If an offence under Chapter IV has been committed by a company, every person, who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished acg, provided that nothing contained in this section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
A person abets, or is a party to a criminal conspiracy ndpw commit, an offence, within the meaning for this section, who, in India, abets or is a party to the criminal axt to the commission of any act in a place without and beyond India which would constitute an offence if committed within India; or under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or ndpps to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India.
Any person who contravenes any provision of this Act, or any rule or order made or condition of license granted thereunder manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.
Any person who contravenes any provision of this Act or any rule or order made or condition of license granted thereunder, cultivates any cannabis plant; or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable:.
Footnotes Source of Support: The expenses of any publication under this section shall be recoverable from the convicted person as if it were a fine imposed by the court.
Narcotic Drugs and Psychotropic Substances Act, 1985
The paper described the law as “ill-conceived” and “poorly thought-out” due to the law providing the same punishment for all drugs, which meant that dealers shifted their focus to harder drugs, where profits are far higher.
A comparative study of prevalence of regular alcohol users among the male individuals in an urban and rural area of District Amritsar, Punjab. Punishment for contravention in relation to psychotropic substances. Power to invest ndpss of certain departments with powers of an jdps of a police station. Enhanced punishment for certain offences after previous conviction.
Unfortunately, it is widely accepted as a legal consumable drug for adults in many countries including India.