Drugsproject.docx

SOCIOLOGY II

DRUG ABUSE AND IT'S IMPACT ON SOCIETY

MAHARASHTRA NATIONAL LAW UNIVERSITY AURANGABAD

SUBMITTED TO:Dr. Rahul Kosambi ,Sir FACULTY of SOCIOLOGY SUBMITTED BY: Som Dutt Vyas B.A. LL.B 2nd semester Roll no. 21 1

ACKNOWLEDGEMENT On the very outset of this report , I would like to extend my sincere and heartfelt obligation towards all the people who have been a part of this project right from its inception. The writing of this project has been one of the most significant academic tasks and without the support , patience , and guidance of the people involved , this task would not have been completed. It is to them I owe my deepest gratitude. I am ineffably indebted to our Vice Chancellor (sir) Professor S. Surya Prakash sir, for his conscientious guidance and encouragement to accomplish this project.

I hereby take this opportunity to add a special note of thanks for my Sociology professor Dr. Rahul Kosambi sir who undertook to act as my mentor despite her many other academic and professional commitments. His wisdom, knowledge and commitment to the highest standards inspired and motivated me. Without his insight , support , and energy , this project wouldn’t have kick-started and neither would have reached fruitfulness. I extend my gratitude to Maharashtra National Law University, Aurangabad for giving me this opportunity to embark on this project. I also acknowledge with a deep sense of reverence , my gratitude towards my parents and family members , who have always supported me morally as well as economically. I also feel heartiest sense of obligation to my library and staff members who helped me in collection of data and resource material and also in its processing and drafting of the project. I am thankful to all of my friends who directly or indirectly helped me to complete the project report. This project is dedicated to all those people , who helped me while doing this project.

Thanking you

Som Dutt Vyas Student, MNLU-A B.A. LL.B. (Hons.) 2nd SEMESTER (2017-2022 )

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Table of Contents  Research Methodology  Introduction  Substance abuse  The Narcotic Drugs and Psychotropic Substances Act, 1985  Effectiveness of the act  Field work  Conclusion

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RESEARCH METHODOLOGY For the project research, researcher will rely upon the doctrinal and non-doctrinal methods of Research.

SAMPLING TECHNIQUES The researcher will be adopting convenient purposive sampling due to paucity of time.

METHODS OF DATA COLLECTION a) Observation b) Interview c) Questionnaire

SOURCE OF DATA Primary sources a) Field Work b) Interviews c) Case laws Secondary sources a) Books b) Newspaper c) Observation Magazines d) Websites

TOOLS OF DATA COLLECTION a) Observation guide b) Interview Schedule

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AIMS AND OBJECTIVES The aim of the researcher is to: a) Understand the gravity of the problem of substance abuse in India. b) The governmental initiatives adopted to combat the menace of drug abuse. c) To understand the impact of these initiatives on the problem of drug abuse.

HYPOTHESIS The researcher has assumed that, a) There were various legislations before the NDPS Act came in, however their effectiveness can be questioned. b) The introduction of the NDPS Act was not beneficial for the Indian Pharmaceutical companies c) The NDPS Act has not been very effective in curbing the drug abuse d) The NDPS Act needs to be amended to meet the present day demands

RESEARCH QUESTIONS a) What is drug abuse and what is the gravity of drug abuse at different places in India? b) Were there early laws to curb the drug abuse in India? c) Were those laws enough to deal with the drug abuse problem? What was the need for the NDPS Act? d) What are the provisions of the NDPS Act that make it effective?- if at all it is effective e) What is the present scenario of drug abuse in India after the enactment and enforcement of the NDPS Act- what is the level of awareness among the common folks about the NDPS Act? f) The Social, Economic and Psychological impact of drug abuse among different age groups

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LIMITATIONS Owing to the enormity of the scope of the subject matter at hand and the presence of various other limiting factors like that of area more so because of the dearth of time the researcher will has not been able to cover every nuance of the project topic and other relevant topics.

METHOD OF WRITING The method of writing followed in the following project is primarily analytical.

INTRODUCTION For proper understand of the project we first need to understand the essence and the spirit of The Narcotics Drugs Psychotropic Substances Act. It was aptly stated by Mahatma Gandhi in All India Social Service Conference, at Calcutta- as early as 1917– “The cocaine habit was sapping the nation’s manhood, and that like the drink habit, it was on the increase in its effect more deadly than drink” With the advent of World War II there was a rise in the availability of recreational drugs and their consumption. This could largely be attributed to a number of factors. Firstly, a large section of the world population was subject to psychological problems of a wide variety. This could be seen in a number of war veterans who seemed to face a post-war crisis of existence filled with a void and emptiness. This could have been fueled by the fact that this period saw rising levels of unemployment due to demand-supply disproportionalities. Another reason for the increase in addicts could be attributed to an increase in the availability of these drugs. For example; there was an increase in Western- tourists to certain third world countries where specific substances are indigenous. The phenomenon has become graver in India over the years where the number of drug users has increased rapidly. The problem is multidimensional as drug use is often correlated with other offences such as organized crime and human trafficking along with health hazards like HIV-AIDS. The country known among drug users for opium and cannabis has witnessed a surge in drug-tourism over the years. The need for legislation was recognized by the British through the enactment of the Opium Act of 1857 which was followed by another legislation of the same name in 1878.The desire for an all-encompassing legislation was only fulfilled in the 20th Century with the Dangerous Drugs Act of 1930.These enactments however were far from perfect as they were

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not equipped to tackle drug use in a holistic manner. Another issue was that of effectiveness as they provided for meager punishments which could not serve as a sufficient deterrent for habitual offenders. The Second World War however brought the establishment of various International bodies that oversaw the evolution of various general principles. The clearest manifestation of this general principle in the context of health can be found in Article 25 of the Universal Declaration of Human Rights and Article 12 of the International Covenant on Economic, Social and Cultural Rights which seek to promote the highest attainable standards of physical and mental health. Along with these general principles, there were also specific international instruments like the Single Convention on Narcotic Drugs, 1961 and, more importantly, the Convention on Psychotropic Substances, 1971 which aimed at tackling drug use and abuse in a wider sense. In view of rising International standards and awareness, India saw the need to incorporate these principles into a substantive legislation that would function holistically in the domestic sphere. Hence, the ‘National Drugs and Psychotropic Substances Act’ is born with its enactment by President Giani Zail Singh in 1985 .The act is dichotomous as it deals with trafficking of prohibited substances i.e. cultivation, manufacture, distribution as well as their consumption. The act classifies drugs into small, less than commercial and commercial and lists punishments based on this classification. The enactment includes substances obtained from nature such as Ganja (Marijuana) along with narcotic and psychotropic drugs. For e.g. ; Sec. 8 of the Act explicitly prohibits the cultivation of opium, poppy, coca or cannabis plants as well as the production, manufacture, distribution including warehousing, transport, purchasing and selling of prohibited drugs and psychotropic substances. It also prohibits their financing as well as consumption and harboring offenders guilty under the Act. The level of punishment depends not only on nature but also in quantity with a sentence extending as long as 20 years and a fine as much as Rs.2 lakh. The act however came under a lot of criticism for the inclusion of the death penalty in case of repeat offenders if the quantity of drugs exceeded a certain threshold. This was however clarified with an amendment in 2014 which established that regardless of its presence as a substitute to other offences, the application of the death penalty is not mandatory. To reduce the burden on the Sessions Court, matters involving an offence are heard by a special court. This has been made possible through an amendment in 1989 which paved the way for the establishments of special Courts for

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expeditious resolution of disputes. Although this legislation is essential and was the need of the hour when it was drafted, it is not without its shortcomings. Although drafted in consonance with International principles, it contradicts general principles of Human Rights by presupposes the guilt of the accused and puts the onus on the accused to prove innocence. It further states that, unless the contrary is proved, it will be believed that the accused intentionally held the illicit drugs that were found in his possession. Apart from being a substantive law, the NDPS has also been responsible for spreading awareness about the ill effects of drug use. The Department of Social Welfare has been declared as the nodal agency that monitors the initiatives undertaken by various organizations, public and private, for spreading greater awareness about the deleterious effects of drug abuse. A central agency, known as the Narcotics Control Bureau, is tasked with the responsibility of overseeing the activities undertaken by various law enforcement agencies and to ensure constant compliance with various international instruments that India has signed. To deal with its inadequacies, a bill to amend the NDPS Act was passed by the parliament in 2014. The amendment aims to bring the Act in line with changing trends and current International standards as opposed to when it was enacted. The amendment also include provisions to improve treatment and care for people dependent on drugs, moving away from abstinence oriented services to treating drug dependence as a chronic, yet manageable condition. The highlight however is the inclusion of certain ‘essential drugs’ which pave the way for a progressive mind-set . Although the amendment opens the way for private sector involvement in the processing of opium and concentrated poppy straw, it remains silent on the issue of marijuana that has been generating smoke in large sections of the International community. The genesis of drug control laws in India can be traced back to the Opium Act of 1857. This was followed by the Opium Act of 1878 and the Dangerous Drugs Act of 1930. These laws were designed to regulate and monitor the use of some specific drugs in limited contexts; they were not based on any well-defined principles and did not contain any overarching provisions to grapple with the problem of drug abuse in a holistic manner. Moreover, they provided for meager punishments for their contravention which were to the tune of three years imprisonment for the first time offenders and 4 years imprisonment for repeat offenders. In the post World War 2 period, countries began working collectively on enacting human rights instruments that were designed to allow individuals to live with dignity and respect. The clearest manifestation 8

of this general principle in the context of health can be found in Article 25 of the Universal Declaration of Human Rights and Article 12 of the International Covenant on Economic, Social and Cultural Rights which seek to promote the highest attainable standards of physical and mental health. Against this backdrop, several international instruments such as the Single Convention on Narcotic Drugs, 1961 and, more importantly, the Convention on Psychotropic Substances, 1971 unequivocally recognized the need to put in place regulatory regimes and systems to grapple with the problem of drug abuse. In order to bring India’s narcotics control law at par with international standards and to effectuate the goals of these treaties, the National Drugs and Psychotropic Substances Act, 1985 was enacted by the Government of India. The Act is widely regarded as a prohibitionist law which seeks to grapple with 2 kinds of offences: trafficking of prohibited substances i.e. cultivation, manufacture, distribution and sale, as well as their consumption.

SUBSTANCE ABUSE Substance abuse, also known as drug abuse, is a patterned use of a drug in which the user consumes the substance in amounts or with methods which are harmful to themselves or others, and is a form of substance-related disorder. Widely differing definitions of drug abuse are used in public health, medical and criminal justice contexts. In some cases criminal or anti-social behavior occurs when the person is under the influence of a drug, and long term personality changes in individuals may occur as well1. In addition to possible physical, social, and psychological harm, use of some drugs may also lead to criminal penalties, although these vary widely depending on the local jurisdiction.2 Drugs most often associated with this term include: alcohol, cannabis, barbiturates, benzodiazepines, cocaine, methaqualone, opioids and some substituted amphetamines. The exact cause of substance abuse is not clear, with theories including one of two: either a genetic disposition which is learned from others, or a habit which if addiction develops, it manifests itself as a chronic debilitating disease.3

1

Ksir, Oakley Ray; Charles (2002). Drugs, society, and human behavior (9th ed.). Boston [u.a.]: McGraw-Hill. ISBN 0072319631. 2 (2002). Mosby's Medical, Nursing & Allied Health Dictionary. Sixth Edition. Drug abuse definition, p. 552. Nursing diagnoses, p. 2109. ISBN 0-323-01430-5. 3 "Addiction is a Chronic Disease". Retrieved 2 July 2014.

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In 2010 about 5% of people (230 million) used an illicit substance.4 Of these 27 million have high-risk drug use otherwise known as recurrent drug use causing harm to their health, psychological problems, or social problems or puts them at risk of those dangers. 56In 2015 substance use disorders resulted in 307,400 deaths, up from 165,000 deaths in 1990.78 Of these, the highest numbers are from alcohol use disorders at 137,500, opioid use disorders at 122,100 deaths, amphetamine use disorders at 12,200 deaths, and cocaine use disorders at 11,100.9 Public health definitions

Drug users injecting heroin, an opiate. Public health practitioners have attempted to look at substance use from a broader perspective than the individual, emphasizing the role of society, culture, and availability. Some health professionals choose to avoid the terms alcohol or drug "abuse" in favor of language they consider more objective, such as "substance and alcohol type problems" or "harmful/problematic use" of drugs. The Health Officers Council of British Columbia — in their 2005 policy discussion paper, A Public Health Approach to Drug Control in Canada] — has adopted a public health model of psychoactive substance use that challenges the simplistic black-and-white construction of the binary (or complementary) antonyms "use" vs. "abuse".10 This model explicitly recognizes a spectrum of use, ranging from beneficial use to chronic dependence

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"World Drug Report 2012" (PDF). UNITED NATIONS. Retrieved 27 September 2016. ibid 6 "EMCDDA | Information on the high-risk drug use (HRDU) (formerly 'problem drug use' (PDU)) key indicator". www.emcdda.europa.eu. Retrieved 2016-09-27. 7 GBD 2015 Mortality and Causes of Death, Collaborators. (8 October 2016). "Global, regional, and national life expectancy, all-cause mortality, and cause-specific mortality for 249 causes of death, 1980–2015: a systematic analysis for the Global Burden of Disease Study 2015.". Lancet (London, England). 388 (10053): 1459–1544. doi:10.1016/S0140-6736(16)31012-1. PMID 27733281. 8 GBD 2013 Mortality and Causes of Death, Collaborators (17 December 2014). "Global, regional, and national age-sex specific all-cause and cause-specific mortality for 240 causes of death, 1990–2013: a systematic analysis for the Global Burden of Disease Study 2013.". Lancet. 385: 117–71. doi:10.1016/S0140-6736(14)61682-2. PMC 4340604 .PMID 25530442. 9 GBD 2015 Mortality and Causes of Death, Collaborators. (8 October 2016). "Global, regional, and national life expectancy, all-cause mortality, and cause-specific mortality for 249 causes of death, 1980–2015: a systematic analysis for the Global Burden of Disease Study 2015.". Lancet (London, England). 388 (10053): 1459–1544. doi:10.1016/S0140-6736(16)31012-1. PMID 27733281. 10 (PDF) http://www.cfdp.ca/bchoc.pdf. Retrieved 1 April 2017. 5

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Medical definitions 'Drug abuse' is no longer a current medical diagnosis in either of the most used diagnostic tools in the world, the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (DSM), and the World Health Organization's International Statistical Classification of Diseases and ICRIS Medical organization Related Health Problems (ICD) Substance abuse has been adopted by the DSM as a blanket term to include 10 separate classes of drugs, including alcohol; caffeine; cannabis; hallucinogens; inhalants; opioids; sedatives, hypnotics, and anxiolytics; stimulants; tobacco; and other substances.11 The ICD uses the term Harmful use to cover physical or psychological harm to the user from use. Physical dependence, abuse of, and withdrawal from drugs and other miscellaneous substances is outlined in the DSM a: When an individual persists in use of alcohol or other drugs despite problems related to use of the substance, substance dependence may be diagnosed. Compulsive and repetitive use may result in tolerance to the effect of the drug and withdrawal symptoms when use is reduced or stopped.12 However, other definitions differ; they may entail psychological or physical dependence,13 and may focus on treatment and prevention in terms of the social consequences of substance uses. Drug misuse

Legal drugs are not necessarily safer. A 2010 study asked drug-harm experts to rank various illegal and legal drugs. Alcohol was found to be the overall most dangerous drug. Drug misuse is a term used commonly when prescription medication with sedative, anxiolytic, analgesic, or stimulant properties are used for mood alteration or intoxication ignoring the fact that overdose of such medicines can sometimes have serious adverse effects. It sometimes involves drug diversion from the individual for whom it was prescribed.

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American Psychiatric Association. (2013). Diagnostic and statistical manual of mental disorders (5th ed.). Arlington, VA: American Psychiatric Publishing. 12 DSM-IV & DSM-IV-TR:Substance Dependence 13 ibid

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Prescription misuse has been defined differently and rather inconsistently based on status of drug prescription, the uses without a prescription, intentional use to achieve intoxicating effects, route of administration, co-ingestion with alcohol, and the presence or absence of dependence symptoms. Chronic use of certain substances leads to a change in the central nervous system known as a 'tolerance' to the medicine such that more of the substance is needed in order to produce desired effects. With some substances, stopping or reducing use can cause withdrawal symptoms to occur, but this is highly dependent on the specific substance in question. The rate of prescription drug use is fast overtaking illegal drug use in the United States. According to the National Institute of Drug Abuse, 7 million people were taking prescription drugs for nonmedical use in 2010. Among 12th graders, nonmedical prescription drug use is now second only to cannabis.[15] "Nearly 1 in 12 high school seniors reported nonmedical use of Vicodin; 1 in 20 reported such use of OxyContin."14 Both of these drugs contain opioids. Avenues of obtaining prescription drugs for misuse are varied: sharing between family and friends, illegally buying medications at school or work, and often "doctor shopping" to find multiple physicians to prescribe the same medication, without knowledge of other prescribers. Increasingly, law enforcement is holding physicians responsible for prescribing controlled substances without fully establishing patient controls, such as a patient "drug contract." Concerned physicians are educating themselves on how to identify medication-seeking behavior in their patients, and are becoming familiar with "red flags" that would alert them to potential prescription drug abuse.

As a value judgment

Correlations between drugs usage. Correlations between usage of 18 legal and illegal drugs: alcohol, amphetamines, amyl nitrite, benzodiazepine, cannabis, chocolate, cocaine, caffeine, crack, ecstasy, heroin, ketamine, legal highs, LSD, methadone, magic mushrooms (MMushrooms), nicotine and volatile substance abuse (VSA). Links indicate correlations with absolute values of Pearson correlation coefficient r above 0.4. Medium, strong, and very strong correlations are indicated by the colour of link.15 Philip Jenkins suggests that there are two issues with the term "drug abuse". First, what constitutes a "drug" is debatable. For instance, GHB, a naturally occurring substance in the central nervous system is considered a drug, and is illegal in many countries, while nicotine is not officially considered a drug in most countries. Second, the word "abuse" implies a recognized standard of use for any substance. Drinking an occasional glass of wine is considered acceptable in most Western countries, while drinking several bottles is seen as an abuse. Strict temperance advocates, who may or may not be religiously motivated, would see drinking even one glass as an abuse. Some groups even 14

"Topics in Brief: Prescription Drug Abuse" NIDA, December 2011. E. Fehrman, A. K. Muhammad, E. M. Mirkes, V. Egan, A. N. Gorban,The Five Factor Model of personality and evaluation of drug consumption risk, arXiv:1506.06297 [stat.AP], 2015 15

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condemn caffeine use in any quantity. Similarly, adopting the view that any (recreational) use of cannabis or substituted amphetamines constitutes drug abuse implies a decision made that the substance is harmful, even in minute quantities.16 In the U.S., drugs have been legally classified into five categories, schedule I, II, III, IV, or V in the Controlled Substances Act. The drugs are classified on their deemed potential for abuse. Usage of some drugs is strongly correlated. For example, the consumption of seven illicit drugs (amphetamines, cannabis, cocaine, ecstasy, legal highs, LSD, and magic mushrooms) is correlated and the Pearson correlation coefficient r>0.4 in every pair of them; consumption of cannabis is strongly correlated (r>0.5) with usage of nicotine (tobacco), heroin is correlated with cocaine (r>0.4), methadone (r>0.45), and strongly correlated with crack (r>0.5)17

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985. Narcotic Drugs and Psychotropic Substances Act, 1985 was enacted to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to Narcotic drugs and Psychotropic Substances and for matters connected therewith18. 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 Dangerous Drugs Act, 1930 were enacted a long time back. With the passage of time and developments in the field of illicit drug traffic and drug abuse at national and international level and many deficiencies in the existing law, there was an urgent need for the enactment of a comprehensive legislation on narcotic drugs and psychotropic substances which inter alia, should consolidate and amend the existing laws relating to narcotic drugs, strengthen the existing control over the drugs of abuse, considerably enhance the penalties exercising effective control over psychotropic substances and make provisions for the implementation of internation conventions relating to narcotic drugs and psychotropic substances to which India has become a party19. As the result, the present Act was enacted in the year 1985. The only

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Philip Jenkins, Synthetic panics: the symbolic politics of designer drugs, NYU Press, 1999, ISBN 0-8147-42440, pp. ix–x 17 E. Fehrman, A. K. Muhammad, E. M. Mirkes, V. Egan, A. N. Gorban,The Five Factor Model of personality and evaluation of drug consumption risk, arXiv:1506.06297 [stat.AP], 2015 18 R.P Katria,“Law Relating to Narcotic Drugs and Psychotropic Substances in India,”Second Edition (2005),p.1. 19 Dibyajyoti De, “Guide to Narcotic Drugs and Psychotropic Substances Act.” First Edition (2003), p.111.

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deficiency which was noticed by the Court in the enactment is the absence of death penalty for an accused person found guilty of some of the offences enumerated in it20. The NDPS Act, 1985 has been enacted to make stringent provisions for the control and regulation of operations relating to Narcotic Drugs and Psychotropic Substances to provide for deterrent punishment including forfeiture of property. The Central Government is charged with the duty of taking all such measures as it deems necessary or expedient for preventing and combating the abuse of Narcotic Drugs and Psychotropic Substances and the menace of illicit traffic therein21. NDPS Act, 1985 is a “Special Law”. As such various provisions incorporated in the Act regulating procedure to be followed for offences under the Act are applicable to the exclusion of Criminal Procedure Code, 197322.

The principal objectives behind enacting the NDPS Act, 1985 were:-

(1) To provide for stringent punishment for the persons indulging in illicit drug trafficking as the maximum term of imprisonment under previous Acts was for a maximum period of 3 years (4 years in case of repeat offences), and to take advantage of such laxity of law the international drug smugglers started operating from India; (2) To broaden the enforcement base by conferring power of investigating of drug related offences also on a member of Central enforcement agencies like customs, central excise, narcotic, revenue, intelligence etc. also; (3) To fulfill the international obligations under various international treaties and conventions to which India is a party; (4) To bring the new drugs of addiction i.e. psychotropic substances under strict statutory control in the manner as envisaged in the Convention on Psychotropic Substances 1971 which has been acceded to by India in 1975. The NDPS Act, 1985 came into force on the 14th November, 1985. It had originally six chapters with 83 sections but two new chapters i.e. Chapter II-A and V-A were inserted later on by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 with effect

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Department of Central Excise (H.O.) Bombay Versus Rajesh Tulsidas Vendanti, 1989(1) MhLR 313 (Bom).

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Raj Kumar versus Union of India AIR 1991 SC 45. R.Muthu versus State 1992 (2) EFR 509(Madras).

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from the 29th May, 1989. Chapter I of the NDPS Act, 1985 deals with the short title and definitions. Chapter IV of the act deals with offences and penalties and defines the offences under the Act and prescribes the penalties for the same. The NDPS Act, 1985 was enacted under the impression that stringent punishments like rigorous imprisonment for a minimum of ten years would effective deter those indulging in illicit trafficking in drugs. The Amendment Act 9 of 2001, which came into force on 2.10.2001, overhauled Chapter IV relating to 'offences and penalties'. Prior to 2001 amendment, only one category of sentence was prescribed for each kind of offence. Now all the offences have been divided into three categories i.e. Small quantity, in between small quantity and commercial quantity (may be called medium quantity) and commercial quantity23. The amended Act of 2001 grades punishments in following three categories depending on the quantity of drugs seized. (a) Where the contravention involves small quantity, attracts rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both; (b) Where the contravention involves quantity lesser than commercial but greater than small quantity (may be called medium quantity), is punishable with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees; (c) Where the contravention involves commercial quantity, is 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 liable to fine which shall not less than one lakh rupees but which may extend to two lakh rupees. The Court has power to impose a fine exceeding two lakh rupees by recording reasons in the judgment.

Small and commercial quantity for various drugs have been notified by the Central Government vide Notification No.77/2001 dated 19.10.2001/S.O. 1055 (E) dated 19.10.2011. The details of some of the important drugs for the purpose of this research are given as under:-

Sr.No.

Drug/Psychotropic

Small Quantity

Substance 23

Commercial Quantity

Section 15 to 40 of the NDPS Act, 1985.

15

1.

Poppy straw

1 kg

50 kgs

2.

Ganja

1 kg

20 kgs

3.

Opium

25 gms

2.5 kgs.

4

Cannabis

100 gms

1 kg.

5.

Cocaine

2 gms

100 gms.

6.

Heroine

5 gms

250 gms.

7.

Codeine

10 gms

1 kg

8.

Opium Derivatives

5 gms

250 gms

9.

Diazepam

20 gms

500 gms

10.

Morphine

5 gms

250 gms

EFFECTIVENESS OF THE ACT

Drug abuse is a social evil. It destroys not only vitals of the society but also adversely affects the economic growth of the country because this is a trade which generates large unaccounted money which, in turn, leads to adoption of several means of money laundering. The money generated is used for various purposes including anti-national and terrorist activities and even clandestine trading in arms and ammunition. Drug trafficking activities have sharply increased over the years and unscrupulous persons dealing in drugs have flourished despite hard punishments provided under the law because they have been able to evade the process of law. Just as any virus, use of drugs and drug trafficking knows no bonds or limitations. It spreads all over a country; from nation to nation; to the entire globe infecting every civilized society irrespective of caste, creed, culture and the geographical location. Looking back at time, many of you may recollect that the edict of the Chinese Government in 1800 AD prohibiting import of opium as it constituted a threat to the health of the Chinese people resulted in the infamous Opium War in the name of right of free trade. European powers

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organised massive smuggling of the substance into China which was resisted by the Chinese resulting in the Opium War. As early as in 1917, Mahatma Gandhi while addressing the All India Social Service Conference in Calcutta, had said : “The cocaine habit was sapping the nation’s manhood, and that like the drink habit, it was on the increase in its effect more deadly than drink.”

Unfortunately, the kingpins and the carriers of these drugs at the international and national level are concerned with only large undue financial gains and not with massive ill effects of use of drugs on society. In recent times, there has been significant development of the communication systems and means of transportation. This has also led to considerable increase in Narcotics drug trafficking. The drug traffickers have been able to flourish despite stringent punishments provided under the ‘Narcotic Drugs & Psychotropic Substances Act’. They are able to evade the process of law and cause great harm to the social and economic growth of the country and particularly the young generation. This resulted in seriously hampering the socio-economic growth and multi-dimensional development of the country. The punishment for drug trafficking became more and more stringent by the passage of time, but it has not been able to provide real solution to the basic problem. Today, world opinion and effort is united in fighting illicit production, trade and trafficking in drugs as the view is unanimous, that its effects are disastrous. In recognition of the need to globally check the menace and for international cooperation for investigation, chasing the offenders, prevention and punishment, countries across the globe have joined hands and subscribed to conventions and conclaves convened under the aegis of the United Nations. India is also a party to the United Nations Single Convention on Narcotic Drugs, 1961 and the U.N. Protocol, 1972 amending the Single Convention and the U.N. Convention on Psychotropic Substances, 1971. The United Nations Convention against illicit trafficking in Narcotic Drugs & Psychotropic Substances which was held in Vienna, Austria in 1988 was perhaps one of the first international effort to take action against the illegal proceeds of drug trafficking throughout the comity of nations and manifested the desirability of mutual legal assistance between Member States to deal with the menace so as to provide for

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confiscation of the moneys and for extradition of the offenders. The Government of India has ratified the Convention. India has long recognised the problems of drug trafficking and abuse. The Opium Act of 1857, and of 1878 and the Dangerous Drugs Act, 1930 manifest the same. As a result of experience gained on account of India’s participation in various international conventions and realising gravity of the problem and the need to enact laws in tune with times, the Narcotic Drugs and Psychotropic Substances Act of 1985 was passed by Indian Parliament as a comprehensive legislation on narcotics, providing for stringent and long term prison sentences and heavy fines for offenders. Offender under this Act includes the cultivator, supplier, seller as well as the drug consumer. Bail provisions were made very stringent. The minimum sentence is ten years. The amended Drugs and Cosmetics Act and Rules also provide for deterrent punishment and stringent control over manufacture, sale, distribution of psychotropic substances. Despite these measures, the crime is on rise. The criticism levelled against NDPS Act is that it treats the drug user and trafficker on par. The Government has fixed the quantity possessed for personal use as an offence and provided a punishment for possession of quantities beyond such limits. One of the criticism to this provision brought by way of amendment is that the quantity fixed is so small that it may not suffice for even a single use and that such provisions make it difficult for drug addicts to openly seek medical help and rehabilitation. It is also said that one of the cause of low conviction rate is the steep minimum sentence under the Act. How far these are relevant to ultimately check the problem of Drug Trafficking is for experts to examine. Stringent laws and severe punishments have been able to control the menace to some extent but still it is one of the most pertinent threats in the progress of any developing country. Do we need comprehensive legislative changes or is there need of implementation of existing laws with greater precision and concerted effort by all concerned to resolve this issue? Laxity or pathetic attitude from any quarter in dealing with this issue is bound to prove disastrous for the society. All departments of the State are expected to work in unison and with utmost coordination to give an impressive display of the will to control, if not, completely eliminate this evil from the society. Before I make a brief mention of some data, let me broadly state the issue according to my perception. The persons involved in drug cases, primarily fall in four categories. First

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category of persons are those who produce these drugs; second are the kingpin who procure from the producers and deal in trade of drugs at a large scale; third are the carriers; and in the fourth would fall the consumers, namely drug addicts.

The statistics released by the Narcotic Bureau also indicate the magnitude of the problem facing our nation. Let us see last ten years track record. From the year 1996-2006, amongst others 21895 kgs of Opium, 855667 kgs of Ganja, 48278 kgs of hashish and 10147 kgs of heroin have been seized by various enforcing agencies. In the cases arising from these seizures, a total of 142337 persons were involved including the foreigners. Out of these, 38030 persons stand convicted for offences while 44656 persons have been acquitted. The rate of acquittal has, varied from 27.7% to 59.1% annually during this period. In its annual press conference, the Central Jail, Tihar, indicated that amongst the undertrials and convicts (both male and female) arrested under the NDPS Act, there are 10.70 % male undertrials and 5.37% male convicts and 16.12% female undertrials and 13.28% female convicts. There are nearly 340 NGOs run or aided by the Ministry of Social Justice and Empowerment, Government of India, to take reformative and remedial steps. Increase in deaddiction centres is an encouraging step taken by the concerned authorities. The Narcotics Control Bureau was set up in May 1986 as a primary enforcement agency to deal exclusively with drugs. This high powered body which is controlled by a Director General has direct liaison with the United Nations Narcotics Control Bureau and other international agencies working against drug trafficking. A number of the other enforcement agencies have been provided effective support with the Narcotics Control Bureau acting as a nodel agency to enforce the law which includes the central excise, customs, border security force, CBI, Directorate of Revenue Intelligence and Food and Drug Control officers. For the first time in the history of the country, all concerned that is the prosecuting agencies, the legislature, the judiciary, scientists, eminent persons from various walks of life as well as students from various schools have been brought together to participate in this national level Seminar-cumWorkshop. Their varied experiences and knowledge would form a special thought process for evolving a system to implement programmes which are in the interest of administration of criminal justice and would serve a public purpose of high order. When crime goes unpunished, the criminal is encouraged while the society suffers. The criminal justice delivery system is

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already under immense pressure and needs better support. The criminal and the victim both need succour rehabilitation and support. The statistical data furnished by different authorities suggests that the various limbs of the State administration involved in this field, have to show much better co-ordination; the investigation has to be scientific and techniques need large scale improvements. Witnesses turn hostile during trial and lack of proper application of law by concerned authorities are amongst others the few causes for high rate of acquittals. The situation needs remedial measures at once so that rule of law and effectiveness of the criminal justice delivery system are not only maintained but improved. The rate of acquittals is a matter of great concern as it elucidates the gap between the investigation and the law. As an illustration, take position in Delhi. There are six courts of Session Judges dealing with the cases under the NDPS Act. During the period August 2003 to 2005, in 1938 cases- challans were filed, out of which 875 have been disposed of. Out of these, there were 479 convictions, while 391 cases ended in acquittal and in 12 cases the accused persons were discharged. This itself shows that we need to take multi-dimensional steps to improve the quality of investigation as well as increase effectiveness of criminal justice delivery system. It also underlines the fact that justice can be delivered only when there is total support by an effective and efficient investigation and administration. The topics for discussion, on this Workshop-cum-Training Programme provide provocative mental exercises to discern find a solution to this cataclysm. Every limb of the State administration has to play a definite and pragmatic role to achieve the object underlying the provisions of the NDPS Act and the social cause behind it. Functional and administrative improvements are called for in every sphere and at every stage so as to avoid unnecessary harm to the society at large. Drug trafficking, trading and its use, affects the economic policies of the State, corrupts the systems and destroys the future of the country. More clearly, defining the powers, role and the response required by and from a particular agency of the State would be another aspect to be considered by the investigation and scientific, experts and legal luminaries attending this programme. They should define with greater clarity the drug related legislative framework within which police or other agencies should optimally operate and define the levels of discretion, they ought to exercise within that framework. No single agency should be held responsible for unenforceable legislation or not exercising discretion within the prescribed framework, where it is not clearly indicated.

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To emphasize the need for providing a panacea to this problem while preventing retrogression of socio-economic values all over the world, I would refer to the observations of the Supreme Court of Canada in the case of United States of America versus Cotroni :“The investigation, prosecution and suppression of crime for the protection of the citizen and the maintenance of peace and public order is an important goal of all organized societies. The pursuit of that goal cannot realistically be confined within national boundaries.”

Whatever be the origin or source of drug abuse, this deadly practice gravely affects the most productive and dynamic section of our society, that is the age group between 15-40. There is, thus, inestimable loss to the social, economic and cultural life of the people and to wealth of the nation. Drug abuse has been identified as playing a significant part in the spread of diseases like AIDS. Drug problems are part of the larger problems of disease, poverty, unemployment, violence, economic disparity and styles of living. The consequential creations of a growing population of victims of drug abuse and addiction who have to be not only help wean off this habit but also brought back into mainstream living. It is heartening to note that various wings of the State administration from all over the country are participating in this seminar not to find fault with the others but to participate in this Seminar-cum-Workshop programme as a joint venture to outline corrective measures, perfect investigative mechanisms and aim towards expeditious and effective judicial pronouncements to ensure punishment to the guilty and prevention and control of drug trafficking. This would certainly help in achieving the object of the common goal of such national importance and public welfare. A note of caution, that while guilty has to be punished and stringent punishment inflicted but at the same time it is equally necessary to ensure that innocent are not involved by taking undue advantage of stringent provisions of the Act. Healthy discussion, brain storming and sharing of ideas brings out clearly errors and weaknesses which hitherto may be hidden and obscure to the light of reason and render them clearer for ameliorating or improving or substituting any existing system. Inconvenient points of view receive appreciation in their correct perspective, lead to a path of solution, which 21

normally may sound impossible to achieve. One of the cardinal principles of any civilized jurisprudence is to remove the cause of litigation and eliminate heinous crimes from society. To find the cause of a cause which causes the things caused is the responsibility of all concerned without exception. A variety of reasons could be stated for the repeated errors at different levels, but to really get to the root of the defects in the system and society should be the basic aim of this programme so as to control the production, supply, trafficking and consumption of this noxious substance. Towards achievement of such end, we may listen to critics because often they are good source of information for what you have to do differently. Democracy essentially includes social democracy which means a way of life with monumental liberty, equality and fraternity as the principles of life. Such liberty cannot be divorced from economic democracy. The widespread evil of drug trafficking not only creates shackles on these principles but leads to a complete impediment in the progress of the country in various fields. The expression ‘reason to believe’ in the context of a provision of NDPS Act has been a matter of great legal controversy. It does not mean a purely subjective satisfaction on the part of the concerned officer while he has to search a suspect carrying drugs, it has to be a belief in good faith and not on a mere pretence. The provisions of Sections 42 and 50 have been subjected to the principle of statutory interpretation by various decisions of the Supreme Court including that of a Constitution Bench in the case of State of Punjab v. Baldev Singh [(1999) 6 SCC 172]. Some of the difficulties in investigation and prosecution of such offences and conflicts in judicial pronouncements were taken note of by the then Chief Justice of India while resolving issues and speaking for the Constitution Bench of the Supreme Court.

FIELD WORK

Researcher’s study was limited on telephonic interviews and personal interviews. Researcher talked to various students and came to a certain conclusion

 SAMPLE SURVEYS

 INTERVIWEW SCHEDULE-1 Interview with a law Student (1th year, male)

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Respondent Name: Karan Motiyani Place: West Bengal National University of Juridical Sciences 1. Do you perceive drug abuse to be Abuse at all? If you do then provide substantive reason for the same. Yes I perceive Drug related misuse to be a Abuse because when the use of a substance starts harming you physically or mentally then you have misused a drug to the point of abuse. 2. Do you think Drug abuse is rampant in India? If yes then what according to you is the reason behind this? Over-protective parents are one of the reason that students practice drugs in india. Parents usually shy away from talking about these issues and neither the child feel comfortable enough to talk about it Other reasons could be cheap , easy availability and lack of the availability of other recreation. 3. Are you aware of the Narcotics Dugs and Psychotropic Substances Act and the various nuances of the same? What do you think about the effectiveness of the Act in curbing wide spread drug abuse? No I am not aware of the act. 4. Which age group according to you is the most adversely affected by Substance abuse in India? What are the end consequences of the same? I think from 16-20. Consequence of this is that they develop addiction problem in the crucial years of their life and their education is affected. 5. According to you, what might be the reason/s for substance abuse among the teenagers of our country? Rush , Excitement , The thrill of trying something new and peer pressure. 6. It is statistically proven that Drug abuse is more rampant in the Border states like Punjab and the North-Eastern states- What do you think is the reason behind this kind of rampant drug abuse? This is because of the overflow of drugs from Afghanistan and Bangkok into India and easy availability leads to over use.

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7. What according to you is the most suitable solution to this problem of drug abuse? Keeping in mind the presence of an already existing legislation what do you think needs to be added or replaced to ameliorate the situation? Building up proper rehab centre’s where a victim is treated humanly and family’s shouldn’t ostracize their member who happens to addicted to drugs and give him/her the love and affection h/she needs in such a tough time.

 INTERVIWEW SCHEDULE-2 Interview with a law student (1st year, Female) Respondent Name: Priyamvada Panwar Place: Mody University 1. Do you perceive drug abuse to be Abuse at all? If you do then provide substantive reason for the same? Yes, in my opinion drug abuse is obviously an abuse affecting society at large. Drug abuse is such an abuse affects the humans or particular group of society in a way wherein it becomes difficult for people to get rid of those addictive habits.

2. Do you think Drug abuse is rampant in India? If yes then what according to you is the reason behind this? Yes, drug abuse is rampant in India. There may be several reasons for drug abuse prevalent For example- In contemporary time, a higher degree of drug addiction is found among teenagers due to various reasons like psychological aspects, peer pressure or mental tension, etc. 3. Are you aware of the Narcotics Dugs and Psychotropic Substances Act and the various nuances of the same? What do you think about the effectiveness of the Act in curbing wide spread drug abuse? Narcotics Drugs and Psychotropic Substances Act of 1985 was introduced basically to restrict a person to produce, possess, sell or consume any narcotic drug or any other kind of psychotropic substance in India. Primarily till 1985 the consumption of cannabis and its derivatives were legally allowed and was not considered against any social norm. But after the introduction of this very act, all such substances were legally ceased to be circulated in the society.

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4. Which age group according to you is the most adversely affected by Substance abuse in India? What are the end consequences of the same? According to me the most adversely affected group would be of teenagers who actually belong to age group of 28-30 years. This leads to hazardous consequences on them as well as their life. Drug abuse fundamentally affects the brain of a person. People who are under the influence of drug abuse face, problems like anxiety, depression, schizophrenia or even suicidal thoughts. In teens, it is commonly found that those teens who suffer from depression are more likely to be abusive of drugs. Also drug abuse damages short term and long term memory. On the whole drug abuse can result in serious mental disorder or permanent, irreversible damage to brain or nervous system 5. According to you, what might be the reason/s for substance abuse among the teenagers of our country? Teenagers are more prone to such addictive substance lie drugs and alcohol reasons for this may be umpteen. A major issue which a teenager goes through is peer pressure which is a powerful force specially during adolescence which makes a person to commit such a thing which he won’t do if not pressure is exerted also many teenagers for fun want to try this where as other many seek this alternative to rise above the their boredom also teenager have a tendency to imitate certain figure which may influence to do so those who suffer from some mental or emotional pressure, generally seek this as an option to curb their situation. And certainly, if a person is addicted to a drug he tends to take it in abundance. 6. It is statistically proven that Drug abuse is more rampant in the Border states like Punjab and the North-Eastern states- What do you think is the reason behind this kind of rampant drug abuse? Yes, the problem of drug abuse is more rampant in northeastern states in India this may be due to the fact that cultivation of such substance as well as the import and export of these parts. Also the people from these areas are found more drug abusive than in any other part of India. 7. What according to you is the most suitable solution to this problem of drug abuse? Keeping in mind the presence of an already existing legislation what do you think needs to be added or replaced to ameliorate the situation? This act already provides a preventive measure against drug abuse. Apart from this more awareness can be brought among people about the hazardous consequences of such addictions. Also a drug addict can be referred to a councilor so that his mental thoughts can be ad clear by the person. Also the circulation of such substances should be checked upon.

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 INTERVIWEW SCHEDULE-3 Interview with a law student (1st year, Male) Respondent Name: Shivam Gupta Place: Maharashtra National Law University Aurangabad 1. Do you perceive drug abuse to be Abuse at all? If you do then provide substantive reason for the same? Yes, drug abuse is a prominent issue plaguing the society at large. It not only physically and mentally disdain an individual but also cuts him off the the society. Drugs primarily affect the health and later on affects the dignity and existence of the victim.

2. Do you think Drug abuse is rampant in India? If yes then what according to you is the reason behind this? Yes, though there are stringent laws with sanctions protecting citizens from the evils of drug abuse yet Drug abuse is affecting civilians at large. There are several reasons behind this maleficent social evil. Due to the high competition in society the youth tries to escape the worldly constraints with the aid of psychoactive drugs. 3. Are you aware of the Narcotics Dugs and Psychotropic Substances Act and the various nuances of the same? What do you think about the effectiveness of the Act in curbing wide spread drug abuse? The aforementioned act was intended basically to restrict a person to produce, possess, sell or consume any narcotic drug or any other kind of psychotropic substance in India. No prior act before the said act was capable of curbing the drug abuse

4. Which age group according to you is the most adversely affected by Substance abuse in India? What are the end consequences of the same? Most adversely affected group would be of students who actually belong to age group of 19 to 25 years. This leads to violent consequences on them as well as their life. Drug abuse Alters their mental and physical health and further worsen their dignity and confidence in oneself. 5. According to you, what might be the reason/s for substance abuse among the teenagers of our country?

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Teenagers fall prey to the social evil of drug abuse due to their highly unstable hormonal changes which results in anger issues and various other anti social elements. The unexpected changes in their lives and bodies make them more vulnerable and to escape their vulnerability they tend to fall prey of drugs which provide them an elopement from the reality. 6. It is statistically proven that Drug abuse is more rampant in the Border states like Punjab and the North-Eastern states- What do you think is the reason behind this kind of rampant drug abuse? Yes, the ease of drug supply from neighboring country through border state plays a key role in the rampant and dangerous widespread of drugs in aforesaid states. 7. What according to you is the most suitable solution to this problem of drug abuse? Keeping in mind the presence of an already existing legislation what do you think needs to be added or replaced to ameliorate the situation. The existing legislation to curb the drug abuse must be more stringent and effective in nature. Moreover awareness regarding the harmful aspects of drug abuse must be spread across rural and drug abuse prone areas.

CONCLUSION Drug abuse is some form or other is a universal phenomenon. India is also not an exception.

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The traditional drugs of abuse in India have been herbal Cannabis and Opium which were available in restricted quantities from licensed shop till recently. As long as drug addiction was confined to certain types of individuals and the problem was managed by the informal mechanism of social control. But the situation has changed dramatically in last two decades because of the steady increase in the clandestine demands for hard drugs like Heroin and Concentrated Cannabis in the affluent Western Countries which have led to the development of illicit conversion of opium into Heroin in the clandestine laboratories in “Golden Triangle” and “Golden Crescent”. Hashish production was increased in Nepal and India’s geographical location soon made it as a conduit for transit of these drugs from the aforesaid source countries to Europe, America and other countries. Both developed and developing countries have fallen an easy prey to this illegitimate activity of the international criminal syndicates dealing with drug trafficking. India is both a producer as well as important transit country for these substances. Many states in the Indian union are considered to be highly vulnerable for the trafficking of these substances and in this regard, the State of Jammu and Kashmir has become highly famous for its involvement in the production of charas and also smuggling of drugs like heroin across the line of actual control for onward transmission to different world destinations. Illicit trafficking in drugs in the country has also assumed alarming position in the North and North-Eastern states. Drug abuse problem also exists at work place, Universities and even in the lower strata of the society. Stringent laws and severe punishment have been able to control the menace to some extent but still it is one of the most pertinent threats in the progress of any developing country. Drugs by definition are substances having physiological and psychological effects on human beings and other higher animals. However, these drugs are often misused for their nontherapeutic properties to cause a change in mood, get away from the real world, and many a times, even to end one’s life. June 26 is celebrated as International Day against Drug Abuse and Illicit Trafficking every year. It is an exercise undertaken by the world community to sensitize the people in general and the youth in particular, to the menace of drugs. Therefore, drug addiction is a social problem, caused by multiple factors. People take drugs for many reasons, peer pressure, relief of stress, increased energy, to relax, to relieve pain, to escape reality, to feel more self-esteem and for recreation. They may take stimulants to keep alert or cocaine for the feeling of excitement, it produces. Athletes and many body builders may take anabolic steroid to increase muscle-mass. Drug addiction is a behavior whose manifestation depends upon the 28

complex drug-individual-society relationship. Diverse social factors which are variable in point of time and geography determine to a very great extent drug abuse. For the same reasons there are variations in the laws on drug abuse control from country to country. A law is made to subserve particular purpose in a particular social milieu. The variance in legal regulations from state to state concerned with the problem of drug abuse creates a lot of confusion in legal circle. The worst aspect of the drug addiction is that it makes its deepest impression on those who are most vulnerable youth. Because of their inmate curiosity and thrust for new experiences, the young are particularly susceptible to drug experience. When a substantial percentage of any generation is addicted, the generation has to loose contributing citizens and acquires a crippling social burden. The insidious spread of drug addiction in rural communities has posed a serious challenge to the authorities. Drug addiction has deep familiar concerns. The wide spread abuse of drugs; a human tragedy has a devastating effect on family be it parents, children or other relations. It causes disruption and disharmony within the family and every family member to suffer criminal behavior creeps in the family automatically. Parents cannot often face the fact that their children takes the drug or attribute their deviant behavior to something the parents did or did not do in bringing up the child. Shame and embarrassment far too often prevent them from acknowledging their child’s drug habit. In failing to confront the drug problem, they cannot held the child, find the courage and the appropriate means to stop taking drugs. There are severe social implications of drug addiction. Societies pay a heavy tool for drug addiction. Most of the world drug users are 18 to 35 years of age and are working persons. They carry their drug taking behaviour to the work place, generating a number of serious problems including low production, loss of machinery, continuous absence from the work and increase health care expenses. Now, it is high time for the politicians and the social scientists to understand the problem, analyze it and find remedies for the same. The major causes of drug addiction are psychological, differential association, continuing stressful life, physical necessity and easy availability of drug etc. In Prevention and Control of drug abuse, role of parents, teachers, family etc. cannot be ignored. Various policies have been made for prevention and control of drug addiction and efforts for its prevention at community level, family level, college level have been made. Prevention programs at work place have been started. Drug prevention centres have been opened in colleges and work places for proper counselling of drug addicts and to provide strong motivation and guidance to the drug addicts. Despite all these efforts, the drug addiction has been reduced to some 29

extent but this problem in India is still alarming as youth of India has become addicts to the drugs which requires immediate attention of the Centre and the States as well as nongovernmental organizations (NGOs) working in this field. The main task behind policy and action regarding the drug trafficking requires efforts not only to control supplies of drugs but also to reduce demand for drugs. Prevention, treatment and rehabilitation all requires a positive and live affirming campaign. Persuasion, motivation, coercion, compulsion and punishment are the major, all of which have to be used that drug abusers can be made to resist the temptation for drugs and leave a wholesome drug free life. Here families and voluntary organizations also can play an important role in bringing back the recovered addicts into the mainstream of social life. Finally, it can be concluded that drug addiction is a problem which requires an integrated efforts by various actors namely Government, NGOs, IGOs, social organizations and societies as a whole to check the problem and its adverse effect. A deep and rationale inquiry into the causes of the drug addiction is the need of the hour. The social behavior towards the drug addict should be changed and they should be given the therapeutic treatment. The laws should be relooked and redefined taking strict stand towards drug abusers and peddlers and drug addict should be treated as a victim, not a culprit.

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BIBLIOGRAPHY WEBSITES  https://blog.ipleaders.in/a-detailed-analysis-of-the-national-drugs-andpsychotropic-substances-act/  https://factly.in/understanding-ndps-act/  https://www.researchgate.net/publication/259937757_Current_status_of_the_narco tic_drugs_and_psychotropic_substances_NDPS_act  http://economictimes.indiatimes.com/opinion/editorials/are-our-narcotics-lawseffective/articleshow/1637838.cms  https://thewire.in/19907/indias-anti-narcotics-law-is-in-urgent-need-of-rehab/  https://www.linkedin.com/pulse/policy-ndps-act-time-greater-reform-mathew-john  http://www.legallyindia.com/views/entry/high-time-the-drug-law-is-sent-to-rehab 

NEWSPAPER REFERRED  Times of India  The Hindu

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