The Narcotic Dr-wps Office.pptx

THE NARCOTIC DRUG AND PSYCHOTROPIC SUBSTANCE ACT, 1985

Introduction • The Narcotic Drugs and Psychotropic Substances Act, 1985, commonly referred to as the NDPS Act. • Narcotic drug are those drug which induces sleep and relief pain like morphine and psychotropic substances are the substances which alters the function of brain. • This act prohibits a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance.

• The Narcotic Drugs and Psychotropic Substances Bill, 1985 was introduced in the Lok Sabha on 23 August 1985. It was passed by both the Houses of Parliament, received assent from then President Giani Zail Singh on 16 September 1985, and came into force on 14 November 1985. • Before this act there were some acts as THE OPIUM ACT,1857, THE OPIUM ACT 1878 and THE DANGEROUS DRUG ACT 1930. • Due to several amendments in these acts there is a need of a different act which overcomes all the flaws present in this law.

• NDPS act was also amended for 3 times in 1988,2001, and 2014. • The Act extends to the whole of India and it applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India. • In this act there are six chapters.

CHAPTER 1 - Preliminary • The short title for the Act is the Narcotic Drugs and Psychotropic Substances Act, 1985. It extends to the whole of India. It came into force after the Central Government notified it in the Gazette of India on 14 November 1985.

• Section 2 of the Act defines the various terms used in it, unless the context otherwise requires. • Some of them are as follows: • 1."cannabis (hemp)" means: (a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish; (b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and (c) any mixture, with or without any neutral material, of any of the above forms of cannabis or a drink prepared there from;

• 2."cannabis plant" means any plant of the genus cannabis. • 3."coca derivative" means: (a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine; (b) ecgonine and all the derivatives of ecgonine from which it can be recovered; (c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and (d) all preparations containing more than 0.1 per cent. of cocaine • Etc

CHAPTER 2 -Authorities and Officers • This chapter basically deals with the officers which can interfere this this act and the authorities that the officers have to control and maintain this NDP's act rules.

CHAPTER 3- Prohibition, Control And Regulation • This chapter deals with the rules and regulations of this act, how the use of these drugs can be controlled and how it is regulated.

CHAPTER 4: -Offences And Penalties • This chapter includes the punishment and fines included in the act if someone disobeys the rule. • In this the punishment or fines or both are given on the basis of amount of illegal drugs found from them.

CHAPTER 5: -Procedures • This chapter involves the procedure for handling the cases included in this.

CHAPTER -5A • Include death penalties to the culprit.

1988 amendment • The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (Act No. 2 of 1989) received assent from then President Ramaswamy Venkataraman on 8 January 1989.

2001 amendment • The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 (Act No. 9 of 2001) received assent from then President K. R. Narayanan on 9 May 2001.

2014 amendment • The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 (Act No. 16 of 2014) amended the NDPS Act to relax restrictions placed by the Act on Essential Narcotic Drugs (Morphine, Fentanyl and Methadone), making them more accessible for use in pain relief and palliative care.[19][20] The Amendment also contained measures to improve treatment and care for people dependent on drugs, opened up the processing of opium and concentrated poppy straw to the private sector, and strengthened provisions related to the forfeiture of property of persons arraigned on charges of drug trafficking. The Amendment also removed the NDPS Act's imposition of a mandatory death sentence in case of a repeat conviction for trafficking large quantities of drugs, giving courts the discretion to use the alternative sentence of 30 years imprisonment for repeat offences. However, the Amendment increased the punishment for "small quantity" offences from a maximum of 6 months to 1 year imprisonment.