CHAPTER-III

EVOLUTION OF DRUG ABUSE CONTROL LAW IN INDIA

1. Introduction
Drug control legislation has, as its primary aim, the protection of

public welfare by preserving has an eliminating undesirable social and

moral effects commonly associated with indiscriminate use of Narcotic

Drugs and Psychotropic Substances. Commercial traffic in deadly mind,

soul and body-destroying drugs is beyond doubt one of the greatest evils of

our time. It cripples intellects, dwarfs bodies, paralyses the progress of a

substantial segment of our society, and frequently makes hopeless and

sometimes violent and murderous criminals of persons of all ages who

become its victims. Such consequences call for the most vigorous law to

suppress the traffic as well as the most powerful efforts to put these
vigorous laws into effect.1 The apparent object of drug abuse legislation is

to prevent by a rigid control of the possession of Narcotic Drugs and

Psychotropic substances, the danger to public health, and to guard society

against the social evils which an uncontrolled traffic in drugs is bound to

generate. The health consequences of drug abuse are many. Physical and

Psychological dependence and the withdrawl symptoms are the immediate

health consequences of drug abuse as already discussed in chapter-II. The

absence of quality control and the conditions in which illicit drugs are dealt

with and consumed may result in acute poisoning and the resultant death of

the consumers. Some of the most severe effects of heroin abuse are due to

the unhygienic injecting practices, which cause hepatitis and HIV/AIDS. In

addition to the damage to an abuser’s health, the harm done may extend to

those closest to the abuser, namely the spouse, parents, children etc. A

pregnant woman who abuse drug may unwittingly cause harm to the foetus.

1 James Tamer v. United States, (1969) 24L ed. (2d) 610.

 59

The economic costs of drug abuse are multifarious. Drug abuse

affects the working efficiency. The resultant absenteeism, accidents and

health care costs have an adverse effect on the economy of a nation. One of

the most important social and economic consequences of drug abuse is

crime, for the prevention and control of which the society has to spend its

scarce resources. The Globalization and Liberalization of economic have

aggravated the global phenomenon of increase in drug abuse and drug

trafficking. Advancement in communication, information technology and

transportation have made it possible information, services, goods and

people to reach across the borders in an extraordinary high speed. Drugs

and money generated from drug trafficking are moved by innovative

methods. Use of internet for the nefarious activities of drug abuse and drug

trafficking makes the task of enforcement agencies further difficult.

The illicit cultivation of narcotic plants and the illicit processing of

drugs have an adverse effect on the environment. Cultivation of narcotic

plants and processing of drugs are carried out in remote places. These

practices endanger precious flora and fauna, thus causing ecological

imbalance. The ease with which drugs can be smuggled due to their small

bulk, and the huge profit involved in their smuggling attract organized

criminal organization to indulge in drug trafficking. Drug abuse and the

consequent drug trafficking result in a wide range of offences such as

corruption, militancy, and to militant group heinous crimes. The foremost

among them is the drug law contravention. The other categories of offences

include contravention that are the result of the pharmacological effects of

the drugs consumed, predatory or acquisitive offences committed by drug

abusers such as robbery and theft committed to support their drug habit and

incidental crimes linked to drug trafficking such as intimidation,

corruption, terrorism, bank frauds, dealing in arms and ammunition etc.

 60

In the Manusmriti,2 the sources from which in ancient time the ruler
of the country used to collect revenue were enumerated. It did not mention
about taxes on intoxicants. It seems that no other ancient writing
highlighted a practice of imposing taxes on intoxicating article. In ancient
India the use of intoxicants was leaves of a kind of plant, which was very
common among the Sadhus. It was the manufacture and sale of spirituous
liquors alone that were prohibited by law. According to Manusmriti, those
who produce and sell spirituous liquors should be banished from the
kingdom, as they were thieves who harass the subjects by their ill deeds.3
There is no clear evidence as to how far the intoxicating articles were
brought under direct control of the state during the Mohammedan rule..
During the fag end of Mohammedan rule, certain taxes were imposed on
the trade of spirituous liquors in some parts of the country. It seems that
those taxes were collected under the head sayer revenue by the zamindars
when the country came under the rule of East India Company from the
Mohammedan rulers.4 It appears that cultivation of the opium poppy was
introduced into Cambay and Malwa in the 15th century. Emperor Akbar
found production of Malwa opium when he established the Mughal Empire
over Central India.5 According to Abul Fazal opium poppy cultivation was '
mainly carried out in Fatehpur, Allahabad and Ghazipur Emperor Akbar
and his successors regarded opium a State monopoly.6
Opium was made a state monopoly by the Mughals during the last
part of the sixteenth century.’During the last days of Mughal Empire, the
State lost its control over the opium poppy in Bihar was carried out on
advances from merchants of Patna. They sold the produce to the English

Manusmriti.
Manusmriti chapter IX stokes 225 and 226
Report of the India Hemp Commission,1893-94,Shimla, 1894,Vol.II,P.364
first Report of the Royal Commission on Opium with Minutes of Evidence and
Appendices, London (1894)m Vol. I, Appendix I, Paper read by G.H.M. Batten
before the society of Arts on 24th March 1891, p. 133.
6
Ibid.
 61

and Dutch.7 From the beginning the Dutch had taken the lead in the Bengal
opium trade. However, in the 17th century, the English established
predominance over them in general trade with India. The Dutch were in
need of opium for their trade with Ceylon, the Malacca Straits and the
Malay Archipelago, in which countries they had established superiority
over the British in the field. The Portuguese who had been the chief
exporters of Malwa opium, who had ports on the gulf of Cambay, exported
opium mainly to China, where they had established, in 1537, the settlement
of Macao much before the attempts made by the British to establish trade
with China.8 The beginning of the next stage in the history of the subject
was the occupation of Bengal by the British in the year 1758. The
weakening of the authority of the Mughals and the consequent lawlessness
was congenial for the Europeans to raise troops, and turn their factories into
fortresses that were held practically independent of the Native
Governments. This resulted in quarrels with some Native Princes and
alliances with others and to wars between the British and the French in
India. Eventually, it lead to the occupation of Bengal and Bihar by the
forces of the English East India Company in the year 1758. The Company,
thus became the military masters of important territory that included Patna,
where; the European sea traders who settled in Hugli establishment their
inland agencies for trade of all kinds with Northern India, Patna was the
centre for Bengal opium for export to the east.9
From 1758 to 1858 poppy cultivation could be found in almost
every district in British India where climate and soil was suitable. The
cultivation was free to cultivate and sell the produce. Similar were the
conditions generally prevailing at that time in the Native States with one
exception. The exception was monopoly of purchase of opium from the

Op.Cit.,Vol V, Appendix I, Correspondence regarding the recommendations of the

Opium Commission of 1883,p.7.
Op.Cit.,Vol VII, Part II, Historical Appendices, Appendix A, Note of the History of
Opium in India and of the Trade in it with China, Sir, J,Lya!l, GCIE, KCSI, Member
of Royal Commission, p.6.
9
Ibid.
 62

cultivators imposed in 17th century on the tract of the country from which
the opium dealers of Patna drew their supplies. They could keep the price
from the cultivators low and could make huge profit. A large portion of the
profit went to the State Treasury. This monopoly came to an end before
1758. When the British occupied Bihar, they found a group of rich opium
dealers established at Patna, who had maintained a practical monopoly.
They by their influence prevented the cultivators or small country dealers
for dealing with outsiders. They fixed the price at which European
merchants or other sea traders should get from them the opium.10 The
victories of Clive enabled the English merchants to recover their lost
position at Patna. The European merchants began to make advances direct
to the cultivators, this led to quarrels.11
According to the Indian Hemp Commission, in the year 1789 there
was an outcry against the conduct of the Bengal Zamindars. Due to lack of
proper control on the part of Zamindars, the vice of drunkenness was
spreading very fast among the lower strata of the people. It was suggested
that the proper remedy of this would be for the Government to impose a
duty, on the spirituous liquor. The Abkari Regulation of the year 1791
levied a tax on the distillers and vendors of spirituous liquors, the rates of
which should be regulated on the basis of the local situation of the stills and
shops, the quantity of consumption, and the selling price. Private
unlicensed stills were to be prohibited. By regulation VI of 1800,
unlicensed sale of Ganja and other intoxicating drugs was prohibited. A
daily rate of duty on the sale of ganja and such intoxicating drugs
according to their strength and quantities was imposed on them. In the year
1853, the system of daily tax on intoxicating drugs was abolished, in its
place a duty @ of Rs. 1 per ser on ganja and charas was imposed. In the
year 1860, an additional fixed fee of Rs. 4 per maund was prescribed for

10
Ibid.
n
First Report of the Royal Commission on Opium with minutes of evidence and
Appendices Op. Cit.,Vol V, Appendix I, Correspondence regarding the
recommendations of the opium Commission of 1883,p.7.
 63

each ganja licence. The system of granting the retail licences by annual
auction was introduced in the year 1876.
2. The Opium Act, 1857
The Act stated that its purpose is removal of certain inconsistencies
between the law relating to the cultivation of the opium poppy and the
manufacture of opium on account of the Government and the practice
which then obtained under the agreement between the opium agents and the
cultivators and formally repealing certain obsolete Regulation relating to
the provisions of opium.12 The act provide, inter alia for the following;
(i) Appointment of opium agents by the Central Government after
consideration of any recommendation made in this behalf by the
State Government.13 -
(ii) Appointment of officers by the Central Government to assist the
opium agents.14
(iii) Fixation by the Central Government the limits within which
licenses might be given for the cultivation of poppy on account of
Central Government and fixation by the Central Government, the
price payable to the cultivators for the opium produced.15
(iv) Issuance of licence for cultivation of poppy by the District Opium

Officers or other officers entrusted with the superintendence of the

cultivation of poppy.16

(v) Levy of penalty by the Deputy agent or Collector on the cultivator

who received advance from the Government and did not cultivate
the full area of land for which he received the advance.17

12
See the Preamble. The words that certain obsolete Regulations relating to the
provision of opium should be formally repealed and were committed by Act 12 of
1891.
13
Section 3.
14
Ibid.
13
Section 7.
16
Section 8.
17
Section 10.
 64

(vi) Delivery of all opium by the cultivator to the District Opium

Officer or other officers authorized to receive such opium. 18

(vii) Weighment and classification of opium by the District Opium

Officer or other officers authorized to do so.19

(viii) Weighment and examination of the opium at the sadar factory.20

(ix) Confiscation of adulterated opium.21

(x) Penalty on officers who took bribes.22

(xi) Penalty for embezzlement of opium by cultivators.23

(xii) Penalty for illegal purchase of opium from cultivators and for
illegal connivance at embezzlement by opium officer.24

(xiii) Penalty for unlicensed cultivation of poppy.25

(xiv) Duty on the proprietors, farmers, tahsildars, gumashtas, other

managers of land and all police and other officers of the

Government to give information on illegal cultivation.26

(xv) Adjudication by the Magistrate on the information of the Deputy

Agent of District Opium Officer in the District in which poppy is

cultivated on account of the Central Government and in other

districts on the information or the Collector or officer in charge on

the abkari Mahal.27

(xvi) For repetition of offences in addition to the penalty attached to the

offence, imposition of imprisonment for a period not exceeding

six months and imposition of a like punishment of imprisonment

not exceeding six months in addition to the punishment, which

18
Section 11.
19
Section 12.
20
Section 13.
21
Section 14.
22
Section 17.
23
Section 19.
24
Section 20.
25
Section 21.
26
Section 22.
27
Section 26.
 65

might be inflicted for the first offence, upon every subsequent

conviction after the second offence.28

(xvii) Payment of one half of all fines and penalties levied from
persons convicted of offences under sections 19,20 and 21 of the
Act together with a reward of one rupee eight annas for each
seer of opium confiscated and declared by the Civil Surgeon to
be fit for use upon adjudication of the case to the officer or
officers who apprehended the offender and the other half of such
fines and forfeitures, together with a reward of one rupee and
eight annas for each seer of opium confiscated to the informer.29

3. The Opium Act, 1878

The Opium Act, 1878 was enacted to amend the law relating to

opium. The act provided, inter-alia, for the following;

(i) Power to make rules by the State Government to govern,

possession, transport, import or export or sale of opium/0

(ii) Notification by the state Government to declare any place as

warehouse for opium legally imported31 and making of rules by

the State Government to regulate custody of opium in such

warehouse, levy of fees for warehousing, removal of opium for

sale or exportation, the manner in which it should be disposed of

etc.32

(iii) Punishment up to three years and fine for the person who in

contravention of the provisions of the Act possesses, transport,

import, exports, sells warehouse, or removes opium or does any

act in respect of warehoused opium.33

Section 28.
Section 30.
Section 5.
Section 7.
Section 8.
Section 9.
 66

(iv) Presumption in the prosecutions that until the contrary was

proved, that all opium for which the accused was unable to

account satisfactorily was opium in respect of which he had

committed an offence under Act.34

(v) Confiscation of opium in the cases when an offence was

committed.3^

(vi) Power to make rules by the State Government to regulate

disposal of all things confiscated under the Act and the rewards
to be paid to the'officers and informers.36

(vii) Authorization by the Central Government or by the State

Government of officers of certain Departments to search,

seizure, arrest etc. when an offence relating to opium was

committed.37

(viii) Power to seize in open places at any time of the day/8

(ix) Duty on officers to assist each other.39

(x) Conferment of power on the State Government to authorize the

Collector, Deputy Commissioners or other officers to issue

warrant of arrest.40

(xi) Furnishing a report on the arrest made and articles seized to the
immediate superior, within 48 hours.41

4. The Dangerous Drugs Act, 1930

This Act was enacted to give effect to the International Opium

Convention, adopted by the second Opium Conference signed at Geneva,

on 19th February, 1925. One of the objectives of the Act was increasing the

34 Section 10
35 Section 11.
36 Section 13.
37 Section 14.
38 Section 15.
39 Section 17
40 Section 19.
41 Section 21.
 67

penalties for certain offences relating to dangerous drugs and rendering

uniform, penalties relating to certain operations. India ratified the

Convention on 17th February, 1926. One of the important feature of the Act

was that it defined the term fhemp’ so as to include the leaves and small

stalks of the Indian' hemp plant whereas the term as defined in the

International Opium Convention, 1925 did not include leaves and small

stalks. •

The act envisaged inter-alia, the following:

(i) Prohibition of cultivation of any coca plant, or gathering any

portion of coca plant, manufacture or possession of prepared

opium, unless it was prepared from opium lawfully possessed

for the sale consumption of the person so possessing it, or

importation into or exportation from India, transshipment or sale

of prepared opium.42 Any person who contravened these

provisions was liable for imprisonment, which might extend to

three years with or without fine.43

(ii) No one should cultivate poppy or manufacture opium except in

accordance with the rules made by the Central Government. The

rules made by the Central Government might permit and

regulate the cultivation of the poppy; and the manufacture of

opium, prescribe the form and conditions of licences for such

cultivation and manufacture the authorities by which such

licences might be granted, the fees that might be charged

therefore, and any other matter requisite to render effective the

control of the Central Government over such cultivation and

manufacture. The Central Government might also make rules

permitting and regulating the sale of opium from the

42
Section 4.
43
Section 10.
 68

Government factories for export or to State Government or to

Manufacturing chemists.44 Any person who contravened there

provisions was liable for that extend years with or without fine 45

(iii) No one should manufacture any manufactured drug, other than

prepared opium, except in accordance with the rules made by the

Central Government. The rules made by the Central Government

might permit and regulate the manufacture or manufactured drug

other than prepared opium, prescribe the form and conditions of

licences for such manufacture, the authorities by which licences

might be granted, the fees that might be charged therefore, and

any other matter requisite to render effective the control of the

Central Government over such manufacture.46 Any person who

contravened these provisions was liable for imprisonment that

might extend to three years with or without fine.47

(iv) No one should import into India, export from India or transship

any dangerous drug other than prepared opium except in

accordance with the rules made by the Central Government. The

rules made by the Central Government might permit and

regulate the import into and export form India and transshipment

of dangerous drugs other than prepared opium and such rules

might prescribe the ports or places at which any kind of

dangerous drugs might be imported, exported or transshipped,

the form and conditions of licences for such import, export or

transshipped, the authorities by which such licences might

granted, the fees that might be charged therefore, and any other

matter requisite to render effective the control of the Central

Section 5.
Section 11.
Section 6.
47
Section 21.
 69

Government over such import, export or transshipment.48 Any

person who contravened these provisions was liable for

imprisonment which might extend to three years with or without

fine.49

(v) No one should import or export inter-state transport, posses or

sell any manufactured drug, other than prepared opium or coca

leaf, or manufacture medicinal opium or any preparation

containing morphine, diacetylmorphine or cocaine except in

accordance with the rules made by the States Government. The

rules made by the State Government might permit and regulate

the inter-State import and export into and from the territories

under its administration, the transport, possession and sale of

manufactured drugs, other than prepared opium and coca leaf

and the manufacture of medicinal opium or of any preparation

containing morphine, diacetylmorphine or cocaine from

materials which the maker was lawfully entitled to possess. Such

rules might prescribe the form and conditions of licences for

such import, export, transport, possession, sale and manufacture,

the authorities by which such licences might granted, the fees

that might be charged therefore, and any other matter requisite to

render effective the control of the state Government over such

import, export, transport, possession, sale and manufacture.50

Any person who contravened these provisions was liable for

imprisonment, which might extend to three years with or

without fine.51

Section 7.
Section 13.
Section 8.
Section 14.
 70

(vi) No one should engage in or control any trade whereby a

dangerous drug was obtained outside India and supplied to any

person outside India except in accordance with the conditions of

a licence granted by and at the direction of the Government.52

Any person who contravened these provisions was liable for a

fine, which might extend to one thousand rupees.53

(vii) Whoever, being the owner or occupier or having the use of any

house, room, enclosure, space, vessel, vehicle, or place,

knowingly permitted to be used for the commission by any other

person of any offence punishable under sections 10,12,13,14

should be punishable with imprisonment which might extend to

two years, with or without fine.54

(viii) Whoever having been convicted of an offence punishable under

sections 10,12,13 or 14 was guilty of any offence punishable

under any of these sections should be subject for every such

subsequent offence to imprisonment which might extend to four

years with or without fine.S5

(ix) Whoever having been convicted of an offence punishable under

Section 15 was again guilty of an offence punishable under that

section, should be subject to every such subsequent offence to

imprisonment which might extend to four years with or without

fine.56

(x) Attempt was punishable with the same punishment provided for
the offence attempted to be committed.57

Section 9.
Section 19.
Section 15.
Section 16.
Section 17.
Section 20.
 71

(xi) Whoever abetted any offence was whether such offence be or be

not committed in consequence of such abetment be punished

with the punishment provided for the offence.58

(xii) The collector or other officer authorized by the State

Government in this behalf, or a Presidency Magistrate of a
Magistrate of the first class, or a Magistrate of the Second class
especially empowered by the State Government in this behalf
might issue a warrant for the arrest of any person whom he had
reason to believe to have committed an offence punishable under
the Act or for the search, whether by day or by night, of any
building, vessel'or place in which he has reason to believe any
dangerous drug in respect of which an offence punishable under
the Act has been committed or kept or concealed.59

(xiii) Any officer of the department of Central excise, Narcotics,

Drugs Control, Customs, Revenue, Police or Excise, superior in
rank to a peon or constable, authorized in this behalf by the
Central or State Governments who has reason to believe from
personal knowledge or from information given by any person
and taken down in writing, that any dangerous drug in respect
of which an offence punishable under the Act has been
committed was kept; or concealed in any building, vessel or
enclosed place, might between sunrise and sunset enter into any
building, vessel or enclosed place, in case; or resistance, break
open any door and remove any other obstacle to such entry;
seize drug and materials used in the manufacture thereof or other
articles liable to confiscation or other articles of evidence and
detain and search and arrest any person whom he has reason to
believe to have committed an offence relating to such drug. If
the officer had reason to believe that a search warrant could not
58
Section 21.
59
Section 22.
 72

be obtained without affording opportunity for the concealment

of evidence or facility for the escape of an offender he might
enter and search such building, vessel or enclosed place at any
time between sunset and sunrise after recording the grounds of
his belief.60
(xiv) Any such officer referred to above might any public place effect
seizure, detain or search any person at any time.61
(xv) Whenever any person made any arrest or seizure, he should .
within 48 hours next after such arrest or seizure, make a full
report of all the particulars of such arrest or seizure to his
immediate officer superior.62
(xvi) Any person who vexatiously and unnecessarily detained,

searched or arrest any person was liable for a fine, which might
extend to five hundred rupees.63

(xvii) The State Government might invest any officer of the Excise

Department or any class of such officers, with powers of an

officer in charge of a Police station for the investigation of

offences under the Act.64

(xviii) In trials under the Act it might be presumed, unless and until the
contrary was proved, that the accused had committed an offence
under the Act in respect of the drugs, articles etc. for the
possession of which he failed to account.65

5. The Opium and Revenue Laws (Extension of Application) Act,

1950.

The Opium and Revenue Laws (Extension of Application) Act,

1950 (Act 33 of 1950), extended to certain parts of India, inter-alia, the

60
Section 23.
61
Section 24.
62
Section 27.
63
Ibid.
64
Section 32.
65
Ibid.
 73

opium Act, 1857, the Opium Act, 1878 and the Dangerous Drugs Act,

1930. Besides extending the application of the said Acts to all parts of India

except Jammu and Kashmir, the Act also made certain changes in the

definition clauses.

6. The Narcotics Drugs and Psychotropic Substances Bill,1985.

The Narcotic Drugs and Psychotropic Substances Bill, 1985 was

passed by both the Houses of Parliament and it was assented by the

President on 16th September 1985. It came into force on 14th November

1985 as THE NARCOTIC DRUGS AND PSYCHOTROPIC

SUBSTANCES ACT, 1985 (61 of 1985). This Act has been further

amended in years 1988 and 2001 as The Narcotic Drugs and Psychotropic

Substances (Amendment) Act, 1988 (2 of 1989) and The Narcotic Drugs

and Psychotropic Substances (Amendment) Act, 2001 (9 of 2001)

Statement of Objects and Reasons.

The statement of objects and Reasons to the Bill of NDPS Act reads

as follows:

“The statutory control over Narcotic drugs is exercised in India •

through a number of Central and State enactments. The principal Central

Acts, namely. The Opium Act, 1857, The Opium Act 1878 and the

Dangerous Drugs Act, 1930 were enacted a long time ago. With the

passage of time and the developments in the field of illicit drug traffic and

drug abuse at national and international level many deficiencies in the

existing laws have come to notice, some of which are indicated below:

(i) The Scheme of penalties under the present Acts is not sufficiently

deterrent to meet the challenge of well organized gangs of

smugglers. The Dangerous Drugs Act, 1930 provides for a

maximum term of imprisonment of three years with or without fine

and four years imprisonment with or without fine with repeat

 74

offences. Further, nor minimum punishment is prescribed in the

present laws, as a result of which drug traffickers have been

sometimes let off by the courts with nominal punishment. The

country has for the last few years been increasingly facing the

problem of transit traffic of drugs coming mainly from some of our

neighboring countries ;and destined mainly to Western countries.

(ii) The existing central laws do not provide for investing the officers of

a number of important central enforcement agencies like narcotics,

customs, central excise etc.with the power of investigation of

offences under the said laws.

(iii) Since the enactment of the aforesaid three Central Acts a vast body

of international law in the field of narcotics control has evolved

through various international treaties and protocols. The

Government of India has been a party to these treaties and

conventions which entail several obligations which are not covered

or are only partly covered by the present Acts.

(iv) During recent years new drugs of addiction which have come to be

known as psychotropic substances have appeared on the scene and

pose serious problems to national government. There is no

comprehensive law to enable exercise of control over psychotropic

substance in India in the manner as envisaged in the Convention on

Psychotropic Substances, 1971, to which also India has acceded.

In view of what has been stated above, there is an urgent need for

the enactment of a comprehensive legislation on narcotic drugs and

psychotropic substance which, inter-alia, should consolidate and amend the

existing laws relating to narcotic drugs, strengthen the existing controls

over drugs of abuse, considerably enhance the penalties particularly for

trafficking offences, make provisions for exercising effective control over

 75

psychotropic substances and make provisions for the implementation of

international conventions relating to narcotic drugs and psychotropic

substances, to which India has become a party.”

This Act was amended in 1988 by the Narcotic Drugs and Psychotropic

Substances (Amendment) Act, 1988 (2 of 1989).

(i) The statement of Objects and Reasons of the Bill of the Narcotic

Drugs and Psychotropic Substances (Amendment Act, 1988, 2 of

1989) read as follows;

“In the recent years India has been facing a problem of transit traffic

in illicit drugs. The spill over from such traffic has caused problems of

abuse and addiction. The Narcotic Drugs and Psychotropic Substances Act,

1985 provides deterrent punishments for drug trafficking offences. Even

though the major offences are non-bailable by virtue of the level of

punishment, on technical grounds, drug offenders were being released on

bail. In the light of certain difficulties faced in the enforcement of the

Narcotic Drugs and Psychotropic Substances Act, 1985, the need to amend

the law to further strengthen it, has been felt.

(ii) A cabinet Sub-Committee which was constituted for combating

drug traffic and preventing drug abuse, also made a number of

recommendations for strengthening the existing law, in the light of

the recommendations of the Cabinet sub committee and the working

of the Narcotic Drugs and Psychotropic Substances Act, in the last

three years, it is proposed to amend the said Act. These

amendments, inter-aiia, provide for the following;-

(a) To constitute a National Fund for Control of Drug Abuse to meet the

expenditure incurred in connection with the measure for combating illicit

traffic and preventing drug abuse;

 76

(b) To bring certain controlled substances which are used for manufacture

of Narcotic Drugs and Psychotropic Substances under the ambit of

Narcotic Drug and Psychotropic Substances Act and to provide deterrent

punishment for violation thereof;

(c) To provide that no sentence awarded under the Act shall be suspended,

remitted or commuted;

(d) To provide for pre-trial disposal if seized drugs;

(e) To provide death penalty on second conviction in respect of specified

offences involving specified, quantities of certain drugs;

(f) To provide for forfeiture of property and a detailed procedure relating to

the same; and

(g) To provide that the offences shall be cognizable and non bailable.

(iii) The bill seeks to achieve the above objectives.

7. Commencement of the NDPS Act (Amendment) Act, 1988

Sub-section (2) of section 1 of the NDPS Act, 1988, (2 of 1989)

stipulates that the said Act come into force on such date as the Central

Government may by notification in the Official Gazette appoint, by

notification S.O. 379 (E), dated 29th May, 1989, Central Government

appointed 29th May, 1989,66 as the day on which the said Act came into

force.

The Act was further Amended in 2001 by The Narcotic Drugs and

Psychotropic Substances (Amendment) Act, 2001 (9 of 2001)

(i) The statement of objects and reasons appended to the Bill of

Narcotic Drugs and Psychotropic Substances (Amendment) Act,

. 2001 (9 of 2001) reads as follow:

The Narcotic Drugs and Psychotropic Substances Act, 1985

provides deterrent punishment for various offences relating to illicit

66
The notification is set out in Appendix III.
 77

trafficking in narcotic drugs and psychotropic substance. Most of the

offences invite uniform punishment of a minimum ten years rigorous

imprisonment which may extend up to twenty years. While the Act

envisages severe punishments for drug traffickers, it envisages reformative

approach towards addicts. In view of the general delay in trial it has been

found that the addicts prefer not to invoke the provisions of the Act. The

strict bail provisions under the Act add to their misery. Therefore, it is

proposed to rationalize the sentences structure so as to ensure that while

drug traffickers who traffic in significant quantities of drugs are punished

with deterrent sentences, the addicts and those who commit less serious

offences are sentenced to less , sever punishment. This requires

rationalization of the sentence structure provided under the Act. It is also

proposed to restrict the application of strict bail provisions to those

offenders who indulge in serious offences.

(ii) The Act was amended in 1989,inter-alia, to provide for tracing,

seizing and forfeiture of illegally acquired property. The experience

gained over the years reveals that the provisions have certain

inadequacies due to which the implementation of the provisions has

been tardy. Certain other inadequacies in the various provisions of

the Act have been noticed. In order to remove those inadequacies it

is necessary to amend the relevant provisions.

(iii) The provisions relating to certain procedural aspects like search and

seizure have certain deficiencies due to which the law enforcement

efforts against illicit drug trafficking have not proved very effective.

A need has also been felt to confer powers of entry, search, seizure

etc., in respect of offences relating to Controlled Substances and for

tracing, freezing seizing and forfeiture of illegally acquired property

upon the empowered officers.

 78

(iv) Certain obligations specially in respect of the concept of Controlled .

Delivery arising from the United Nations Conventions Against

Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988

to which India acceded, also require to be addressed by

incorporating suitable provisions in the Act.

(v) This Bill seeks to achieve the above objects.”

Commencement of the NDPS (Amendment) Act, 2001

Sub section (2) of section 1 of the NDPS (Amendment) Act, 2001 (9

of 2001) stipulates that the said act shall come into force on such date as

the Central Government may by notification in the Official Gazette

appoint, different dates might be appointed for different provisions of the

Act, and any reference in any provision to the commencement of the Act

should be construed as a reference to the coming into force of that

provision. By notification S.O. 957 (E), dated 27th September, 2001,67

Central Government appointed 2nd October, 2001 as the day on which the

said Act came into force in the whole of India.

8. Extent of the Act

The Act extends to the whole of India. Sub Section (2) of Section 1

of the NDPS Act as amended by Act 9 of 2001 stipulate that the Act

applies also to all the citizens of India outside and to all persons on ships

and aircrafts registered in India wherever they may be. This provisions has

been necessitated to take care of the provision of article 4 of the United

Nations Conventions against Illicit Traffic in Narcotic Drugs and

Psychotropic Substances, 1988 which requires that each party shall take

such measure as may be necessary to establish its jurisdiction over the

offences it has established in accordance with article 3, paragraph 1 when,

inter-alia, the offence is committed on board a vessel flying its flag or an

67
The notification is set out in Appendix III.
 79

aircraft which is registered under its laws at the time the offence is

committed and that each party shall also take measures as may be

necessary to establish its jurisdiction over the offences it has established in

accordance with article 3, paragraph 1 when the alleged offender is present

in its territory and it sees not extraite him to another party on the ground

that the offence has been committed in its territory or on board a vessel

flying its flag or an aircraft which was registered under its law at the time

the offence was committed; or that the offence has been committed by one

of its nationals.

(a) Commencement of the NDPS Act

Sub section (3) of section 1 of the Act provides that the NDPS Act

shall come into force on such date as the Central Government may, by

notification in the Official Gazette appoint and different dates may be

appointed for different provisions of the Act and for different States. By
notification S.0.821 (E) dated 14th November, 198 5,68 the Central

Government appointed 14th November, 1985 as the date on which the

NDPS Act came into force.

In Nimel Vs. Assistant Collector,69 the connection of the petitioner

was that Parliament having not fixed any date for the NDPS Act to come

into force on such date the Central Government might, by notification in

the Official Gazette, appoint -that the act could thus be brought only by a

notification issued under Sub-Section (3) of section 1 ;and that sub section

(3) of section 1 itself had not come into force in as much as parliament did

not fix any date on which sub-section (3) of section 1 shall come into force,

Central Government did not have any power to issue any notification to

bring the Act into force. Kerla High Court rejected the argument. The court

held that under sub section (1) of section 5 of the General Clauses Act
68
The notification is set out in Appendix III.
69
1998 (2) crimes 839.
 80

which provide that where any Central Act is not expressed to come into

operation on a particular day, then it shall come into operation on the day

on which it receives the assent of the President, sub-section (3) of section 1

was made operative from the day the Act received the assent of the

President.

9. Scheme of the Act

With the passing of the Narcotic Drugs and Psychootropic

Substances Act, drug law enforcement in India has been set out. Certain

significant amendment the forfeiture of property derived from drug

trafficking and for control over clause of Narcotic Drugs and Psychotropic

Substances. In order to give effect to the an order namely the NDPS

(Regulation of Controlled Substances) Order was to control, regulate and

monitor the manufacture, distribution, import, export Government may

declare to be a ‘controlled substance’ under the act. The state trafficking;

drug related assets as well as substances, which can be sued Psychotropic

Substances. Again it was felt that due to procedural difficulty deficiencies

in administration of the Act, there was rise in the acquittal rate commit the
crime again. Therefore, again on 9th May 2001 the Narcotic Drug Act, 2001

was enacted. The President gave his assent and the Act into effect.

Now the NDPS Act, 1985 is quite exhaustive. It runs into eighty-

three provisos and explanations there under. For a systematic dealing, the

Act has the objective of the law.

Chapter I of the NDPS Act consisting of section 1 to section 3 is

preliminary defines the scope of the act. This Act extends to whole of India

including the all citizens of India outside India and to all persons on ships

and aircrafts region special Act. While adopting the liberal construction of

the Act, it is found the stringent provisions for the control, regulations of

the operations relating to section 2 deals with the Definitions defining

 81

nearly about twenty nine term coca leaf, coca plant, commercial quantity,

controlled delivery, corresponding traffic, International Convention,

manufacture, manufactured drug, medicine drug, opium, opium derivative,

opium poppy, poppy straw, poppy straw psychotropic substance, small

quantity, to import inter-State, to import into India to transport and use.

Section 3 provides that the Central Government may substances.

Chapter II of the NDPS Act (section 4 to section 8) defines various

Central Government shall take all such measures for preventing and

combating substances and illicit traffic therein. This chapter over all

provides for the other Government and other Authorities including

consultative committee, which

Due to the changing socio-economic values and priorities and

stresses and strains of the modern life upon the individual, the drug abuse

situation in the Country is changing fast. India’s geographical position of

being sandwiched between world’s two important illicit sources of drugs

(Golden Crescent comprising Afghanistan and Pakistan and Golden

Triangle comprising Laos, Myanmar and Thailand), the transit traffic of

drugs originating in those areas and the spill-over drug addiction problem

are matters of great concern to the country. A survey conducted by the

Government of India in 33 cities in the 1990’s reports prevalence of drug

addiction in varying degrees among all the segments of the Indian society.

According to the survey, a significant proportion of addicts is from the

lower income strata. It has been noticed that the problem of drug addiction

is on the increase and young persons are particularly vulnerable to drug

abuse. The survey reveals that while opium and cannabis continue to be the

main drugs of abuse in rural areas, addiction to heroin is more pronounced

in urban centres. Transit traffic of heroin and hashish, produced in the

neighbouring countries add a new dimension to the aggravating drug abuse

 82

problem of the country. Long and porous borders with drug producing of

drugs, leakage from illicit cultivation of opium poppy and illicit

manufacture of psychotropic substances are increasingly becoming the

sources of supply to drug abusers.

In response to the post independence phenomenon of abuse of non-

conventional drugs like morphine, heroin, cocaine and other synthetic

drugs that started affecting India in the later half of the previous century

and transit traffic through India of heroin, opium etc. produced illegally in

the Golden Crescent and Golden Triangle areas which are appurtenant to

the Indian territory, the Narcotic Drugs and Psychotropic Substances Act,

1985 was enacted and brought into force in the year 1985.

The NDPS Act was enacted primarily to primarily to provide

deterrent punishment to drug offenders, invest central agencies with the

power of investigation of drug offences, to take care of obligation arising

under certain international conventions on drugs to which India is a party

and to control psychotropic substances covered under the Convention on

Psychotropic Substances, 1971. This Act repealed the two Opium Acts the

Dangerous Drug Act, 1930. The Drugs and Cosmetics Act continues to be

in force in respect of formulations that contain narcotic drugs and

psychotropic substances. All the activities relating to drug formulation that

contain any narcotic drug or psychotropic substance, in addition to the

control measures stipulated under the NDPS Act and the rules and orders

framed there under have to conform to the control measures stipulated

under the Drugs and Cosmetics Act and the rules framed thereunder.

So, bound by international obligations as well as social needs Indian

Government has made efforts to fulfill its its international obligations and

acted as active participant in international society to curb this menance.

 83

So till today India has made satisfactory legislation and policies to

control the problem and to book those who are indulging in it. In last, it is

observed that efforts are satisfactory, results are poor and stage is pre­

mature. See how far we are' able to curb it or how far legislation are

successful to control it and to eradicate the social, national as well as

international problem?

Chapter IIA explains the scope of National Fund for Control of

Drug Act constitute a Fund to be called the National Fund for Control of

Drug Abuse applied by the Central Government to meet the expenditure

incurred in comprise illicit traffic in; controlling abuse of narcotic drugs

and psychotropic substance preventing drug abuse; educating public

against drug abuse; and supplying necessity. Section 7B provides that the

central Government shall publish and fund in the Official Gazette.

Chapter III of the NDPS Act (section 8 to section 14) deals with

the Narcotic Drugs and Psychotropic Substances. Section 8 of the Act

imposed cultivation, manufacture, possession, sale, purchase, transport,

import, exposed psychotropic substances except for medical and scientific

purposes and to the provisions of the Act and the rules made there-under.

Section 8A of the Act derived from offence. Chapter III also deals with the

power of the Central Government control and regulate the use or

consumption of coca leaves, opium and cannabis in section 8 shall apply to

the import inter-State, export inter-State, transport of manufactured drugs,

which are the property, and in the possession of the narcotic drugs and

psychotropic substances, coca plant, the opium poppy or attached by any

person for the recovery of any money under any order or Section 12

provides restrictions over external dealings in narcotic drugs and 14 of the

act provides for special provisions relating to coca plant and coca agent and-

cannabis respectively.
 84

Chapter IV of the NDPS Act (section 15 to section 40) is very

important to be imposed on the drug offenders as well as drug abusers.

Section 16 contravention in relation to coca plant and coca leaves, prepared

opium, cannabis, manufactured drugs and preparation, psychotropic

substances respected embezzlement of opium by cultivator. Section 23, 24,

25, 26, 27A deal export from'India or transshipment of narcotic drugs and

psychotropic substance psychotropic substances, for allowing premises to

be used for commission of servants, for illegal possession in small quantity

for personal consumption of or consumption of such drug or substance and

for financing illicit traffic provisions incorporated in the section 17, 18, 22,

23, 27, 27A of the Act described psychotropic substances and prescribe

various kinds of punishments including the contravention involves ‘small

quantity’, ‘greater than small quantity’ ‘commercial quantity. The

comprehensive view of these provisions substance small quantity of any of

the narcotic drugs stated here-in-under shall be punished which may extend

to six months or with fine which may extend to twenty contravention

involves quantity greater than small quantity but lesser than contrary with

rigorous imprisonment for a term which may extend to ten years and

without if the contravention involves commercial quantity then the offender

shall, be not be less than ten years but which may extend to twenty years

and shall also lakh rupees but which may extend to two lakh rupees. The

court may every reasons to be recorded in the judgment.

Section 27 prescribes punishment for the drug users, abusers or

addiction drugs and psychotropic substances for his personal consumption

and not food psychotropic substances.

Section 27(a) provides that if the drug abuser, addict or user is for

diacetyl-morphine or any other narcotic drug or psychotropic substance as

Government, by notification in the official gazettee, he shall be punished

 85

with one year or with fine which may extend to twenty thousand rupees or

with drug abuser or user is found in the illegal possession of narcotic drug

and psychotropic in or under section 27(a), he shall be punished with

imprisonment which may extend to ten thousand rupees or with both.

The burden or proving that any narcotic drug or psychotropic sub

intended for his personal consumption shall lie on such person.

Section 27A prescribes punishment for a person who indulges in

final relating to narcotic drugs and pseyhotropie substances or in

harbouring offence rigorous imprisonment for a term not less than ten years

and fine not less that lakh rupees, which may also be exceeded for reasons

to be recorded in the judicial.

Section 28, 29 and 30 provide punishment for attempt, abetment and

commit any offence punishable under the NDPS Act, provides that

conspiracy to commit an offence punishable under Chapter III shall be

punishable offence. Section 30 further provides that if any person makes

preparation to offence punishable under any of the provisions of section 19,

24 and 27A and any narcotic drug or psychotropic substances and from the

circumstances of the determined to carry out his intention to commit the

offence but has been prevention he shall be punishable with rigorous

imprisonment for a term which shall no any), but which may extend to one-

half of the maximum term of imprisonment one-half of the minimum

amount (if any) but which may extend to one-half provides for a proviso

with section 30 i.e. the court may, for reasons to be recorded.

The provisions incorporated in section 31 of the NDPS Act enhance

conviction. When there is a subsequent conviction due to commission of, or

conspiracy to commit, an offence under this Act, the repeating offender

shall extend to one-half of the maximum term of imprisonment and also be

 86

liable maximum amount of fine. For the purpose of this section any

conviction under treated as part with, and regarded as, conviction in India.

Section 31A enshrines the most deterrent provision which can rarely

both legislation. The stringent provision imposes death penalty for certain

offences after previous conviction, relating to narcotic drugs and

psychotropic substance quantity indicated against each such drug or

substance in column (2), of the talk punishment of death penalty is also

imposed for the offence of financing any cut.

Section 32 provide for punishment of imprisonment for a term

which both in case a person commits an offence for which no punishment

is separated provides that no sentence awarded under this Act (other than

section 27) notwithstanding anything contained in the Code of Criminal

Procedure, 1973 subject to the provisions of section 33. Section 32B which

was incorporated irreversible factors which have to be taken into account

for imposing higher than the minimum the use or threat of use of violence

or arms by the offender, the facto that the offender holds a public office and

that he has taken advances offence, the fact that the minors are affected by

the offence or the minors are used for the fact that the offence is committed

in an educational institution or social such institutions or faculty or in other

place to which school children and such as activities, the fact that offender

belongs to organized international or any other criminal of the offence, and

the fact that the offender is involved in other illegal activities facilitated by

certain.

Section 33 of the NDPS Act holds a very important provisions

which still Code of Criminal Procedure, 1973 or in the Probation of

Offenders Act, 1958 under the Act unless such person is under eighteen

years of age or that the punishable under section 26 or section 27. In an

important ruling the Hon’ble the person is relevant not for the purpose of
 87

determining his guilt but only suffer for the offence of which he has been

found, on the evidence, guilty.

Section 34 provides various ways in which the court ensures that the

under this Act again. This section requires such person to execute a bond

for under this Act. Section 35 provides the most important element of crime

i.e. get accused/offender. This section has two sub clauses. The wording of

these two things.

“Presumption of Culpable mental state ” -

In any prosecution for an offence under this Act, which requires a culpable

presume, the existence of such mental state but it shall be a defence for the

mental state in respect to the act charged as an offence in that prosecution

Explanation:- In this section, culpable mental state includes intention,

motive believe a fact. For the purpose of this section, a fact is said to be

proved only when the couple and not merely when its existence is

established by a preponderance of probably.

So a simple reading of this section provides that the offender under

proved unlike the state of culpable mind under the Code of Criminal

Procedure.

Section 36 of this Act, provides for constitution of special Courts by

the offences under this act, which shall be constituted by a single judge

with Session Judge. Under section 36A, all offences under this act shall be

triable contained in the Code of Criminal Procedure, 1973 particularly

section 167, can authorize the detention of the person accuse of the offence,

for more than Fifteen days.

Every offence punishable under this Act is declared cognizable and

anything contained in the Code of Criminal Procedure, 1973. In Sukhdev

Singh v. High Court held that it is plain from the language of the section 37

(l)(b) that bail but turn positive firstly if it is satisfied that there are
 88

reasonable ground offence under the act and secondly that he is not likely

to commit any offence before bail is granted.

Section 38, 39 and 40 of this act deals with the offences by

companies probation for undergoing medical treatment for de-addiction if

he is found to 27 and power of court to publish names, place of business or

residence of certain.

Chapter V of the NDPS Act constituting section 41 to section 68

deals enforcing the provisions of the Act. Since the NDPS Act is a special

legislation building or conveyance or enclosed place. It is clear that when

the contraband provisions of section 41 and 42 are not applicable. Section

42 of the Act proviso-officer superior in rank to a peon, sepoy or constable

I

to enter, search, seizure. Provisions of section 43 exclusively deal with the

power of seizure and arrest the expression “public place” includes any

public conveyance, hotel, shop or the public. Section 44 and section 45 of

the NDPS Act deals with power of coca plant, opium poppy and cannabis

plant and procedure where seizure of respectively. Provisions of section 46,

section 47 and section 48 provide for illegal cultivation, duty of certain

officers to give information of illegal cultivation Judicial Magistrate of the

first class or any Magistrate specially empowered or 42 may stop and

search a conveyance, examine and search any goods reason to suspect that

any such animal or conveyance is, or is about to be psychotropic substance

or controlled substance.

Section 50 of this Act provides for conditions under which search of

NDPS Act reveals that, if a person has to be searched for possession of

narcotic has a right to make a requisition or demand on the investigating

officer that or magistrate. Section 50A inserted recently vide amendment

Act, 2001 Control Bureau or any other officer authorized by him in this

behalf, may unnecessary Section 51 of the NDPS Act provides that the
 89

provisions of the Code of Criminal arrests, searches and seizures made

under this Act. Section 52 of this Act provision and psychotropic

substances. In 1989, along with section 52 a new section which the narcotic

drugs and psychotropic substances seized are to be dispose the power to

invest officers of certain departments with powers of an officer-incharge of

the offences under this act. Section 53A further provides that any statement

dead at the time of trial or court having regard to the circumstances of the

statement shall be relevant for purpose of proving, in any prosecution for

an down important provisions stating that in trials under this act, it maybe

presumption the accused has committed the offence under this Act if the

accused fails to narcotic drug or psychotropic substance or controlled

substance, any opium or apparatus designed for the manufacture of any

narcotic drug or psychotropic

Section 55 of the NDPS Act enumerates the provision of the police

delivered. Section 57 of this act provides that when any person make within

forty eight hours next after such arrest of seizure, make a full report of

immediate superior. Further'section 58 of the NDPS Act provides for

punishment to the tune of imprisonment for a term, which may extend to

six months or rupees or with both. This section also provides punishment to

the tine or imprisonment years or with fine or with both, to any person who

willfully and maliciously give search to be made under this Act. Section 59

of this Act lays down punishment at the contravention of the provisions of

this Act. This section provides that perform any duty which has been

imposed by or under this Act, unless he has official superior or has other

lawful excuse for so doing, be punishable with in year or with fine or with

both. In case any officer in duty willfully aids in, or of this Act, shall be

punishable with rigoruous imprisonment for a term not less years and also

liable to fine not less than none lakh rupees but which may extend that
 90

previous sanction of the Central Government is to be taken to proceed

under.
Section 60, Section 61 and Section 62 provide for confiscation of

illicit and gods used for conveyancing illicit drugs or substances and sale

proceeding above-mentioned sections the NDPS Act provides for section

63, which lays in making confiscation of contraband drugs.

Further section 64 and 64A of this Act provides immunity to some

person who is directly or indirectly concerned or privy to the contraventic

provided immunity from prosecution for any offence under this Act or

under Acts with a view, to.obtaining, the evidence of such person. In

addition to the prosecution to addicts volunteering for treatment. In A.L.

Mehra v. The State.

“A pardon is an act of grace proceeding from the power entrusted with

individual on whom it is bestowed from the punishment the law inflicts for

a current.

Section 66, Section 67 and Section 68 further provide for certain

case documents, power of the concerned officer to call for information and

immunity commission of offence under compulsion.

Chapter VA of the NDPS Act constituting section 68A to section ,

68 from, or used in, illicit traffic, first two sections that are section 68A and

68 B definitions respectively. Section 68C provides for prohibition of

holding illegalize competent authority under this chapter. Section 68E lays

down the proceeding Section 68F deals with the seizure or freezing of

illegally acquired property properties seized or forfeited under this chapter.

Section 68H lays down that it is to be served upon such other person

Section 681 provides for certain cases down that the burden or proof under

this chapter lies on the person affected substituted for forfeiture in certain

cases. Section 68L provides for the proceeding trust properties. Section
 91

68M provides for certain transfer which are to be number of the Appellate

Tribunal. Section 680 totally deals with appeals. Section 68M invalid for

error in description. Section 68Q deals with the bar of jurisdiction this

chapter. Section 68R provides that the competent authority and Appellate

68S provides that the competent authority shall have power to require any

purposes of this chapter. Section 68T requires certain officers to assist

address Tribunal. Section 68U describes the power to take into possession

the property for rectification of mistakes apparent from record and the

competent authority period of one year from the date of the order. Section

68W lays down any other law shall be conclusive for the purposes of any

proceedings unwanted procedure of the service of notices and orders.

Section 68Y lays down punishment proceeding have been taken under this

chapter i.e imprisonment for a term may extend to fifty thousand rupees.

The last chapter of the NDPS Act, chapter VI deals with

miscellaneous Section 83, Section 69 of this Act provides that protection to

the officer shall be give faith. Section 70 lays down that the Central

Government and State Government while making rules. This Act further

provides under section 71, power identification, treatment, education,

rehabilitation, after care and social re-enforcement drugs and psychotropic

substances. Section 72 to section 78 of this Act describe which power to

delegate and power of Central Government to make rules and regulation.

The last sections of the NDPS Act (section 79 to section 83)

describe to prohibitions and restrictions imposed by or under this Act and

application of the Act. The last provisions of this Act deal with the repeal

and savings and power of which are inconsistent with the provisions of the

NDPS Act.

The NDPS Act incorporates in itself stringent punishments for the

narcotic drugs and also deterrent punishments including forfeiture of

 92

property such stringent provisions have been made, a fool proof procedure

regarding is entry, search and Seizure and arrest; power to stop and search

conveyance and of officers to assist each other has been provided, all

offences under the adherence to the letter and spirit of the provisions for the

Act. The intention provides for such stringent punishments, there must be

strict compliance persons are not harassed or unnecessarily roped in by the

enforcement agency Chapter V has been made punishable which is most

unusual and has not been.

10. Purpose of Enactment of The NDPS ActJudicial observations

Regarding the purpose of enactment of the NDPS, Act, in Mohd
Sadiq Vs. State™ Jammu and Kashmir High Court stated as follows;

“The Act was .enacted to consolidate and amend the law regarding

the narcotic drugs to make stringent provisions for the control and

regulation of operation relating to narcotic drugs, and psychotropic

substances and for matters connected therewith. The drug dependence

results in harm not only to the individual, but also to the society resulting in

emotional distress, and physical illness if the drug is withheld. Physical

dependence results in adaptive changes in body tissues with the result that

when the drug is withheld, the adaptive changes are left unopposed

resulting generally in a rebound over activities. The continuous non

medical use of medical drugs particularly heroin does not affect the addict,

but ultimately harms the mankind. The lucrative trade in the narcotic drugs,

if allowed to flourish would result in the whole society being addicted to

dangerous drugs. The intention of the lawmakers in the form of the Act was

to nip the evil in the bud at the initial stage in countries where drug

addiction has not been so extensive. Our country as a whole and the State

in particular is generally free from the trade of narcotic drugs. It is the

70
1991 Drugs cases 112.
 93

social requirement of the society that effective/preventive measure are

taken to control the trade and provide deterrent punishment by strictly

following the directions of law enacted in this behalf.”

As already mentioned the drug abuse has serious effects. It results

in social and important economic consequence also. The globalization and
liberalization of economics have aggravated the global phenomenon of
increase in drug abuse and drug trafficking. The illicit cultivation of
narcotic plants and illicit processing of drugs have adverse effect on the
environment also. The drug abuse and trafficking also result in various
offences and corruption. No serious efforts were made to make suitable
peace of legislation to control drug abuse before independence. The
Opium Act, 1857, the Opium Act 1878, The Dangerous Drugs Act 1930,
The Drug and Cosmetic Act 1940 are certain pieces of legislation enacted
before independence. The NDPS Act 1985 is the major peace of legislation
enacted after independence keeping in view the gravity of the problem.
Law is a dynamic concept and it should serve the needs of the society. The
law must be modified according to the changing need of the society.
Keeping this fact into consideration the NDPS Act 1985 has been subject to
amendment so that the aims and objectives of the Act may be achieved.

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