1) Introduction

The goal of the 1985 Narcotic Drugs and Psychotropic Substances Act (NDPS Act) [1] was to curb drug misuse by outlawing the production, distribution, use, and sale of narcotics. The NDPS Act was passed by the Indian Parliament on November 14, 1985. The Act explains the difference between Drugs and psychotropics where the prior is classified as narcotics causing sleep, and later as psychotropics which alter the mind for the better. These drugs are also used as medications in medical practice, as a result, it was very important to have to codified act for this. As a result, this Act contains provisions about the production of psychotropic compounds in conjunction with the cultivation of cannabis, poppy, and coca plants.

2) How does the NDPS Act describe drugs and narcotic substances?

(i)Cannabis (hemp) is also known by the following terms:

(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.

(c) Any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared there from.

(ii) Cannabis plant means any plant of the genus Cannabis.

(iii) 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.

(d) All preparations containing more than 0.1 percent of cocaine.

(iv) Coca leaf means:

(a) The leaf of the coca plant except of a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed.

(b) Any mixture thereof with or without any neutral material, but does not include any preparation containing not more than 0.1 per cent of cocaine.

(v) Coca plant means the plant of any species of the genus Erythroxylon.

(vi) Narcotic drug means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs.

(vii) Opium means:

(a) The coagulated juice of the opium poppy.

(b) Any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, but does not include any preparation containing not more than 0.2 per cent of morphine.

(viii) Opium derivative means:

(a) Medicinal opium, that is, opium which has undergone the processes necessary to adapt for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other Pharmacopoeia notified in this behalf by the central government, whether in powdered form or granulated or otherwise or mixed with neutral materials.

(b) Prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after opium is smoked.

(c) Phenanthrene alkaloids, namely, morphine, codeine, the Baine and their salts.

(d) Diacetylmorphine, that is, the alkaloid also known as diamorphine or heroin and its salts. (e) All preparations containing more than 0.2 per cent morphine or containing any diacetylmorphine.

(ix) Opium poppy means:

(a) The plant of the species Papaver somniferum L.

(b) The plant of any other species of Papaver from which opium or any phenanthrene alkaloid can be extracted and which the Central Government may, by notification in the official gazette, declare to be opium poppy for the purposes of this Act.

(x) Poppy straw means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted there from. [2]

3) Positives and Negatives of the Act

Positives - The ease with which drugs and psychotropic substances can be added to or deleted from the list is one of this act's key characteristics. To implement these changes, the government can simply publish the new information in the official gazette or base the changes on the information already in the public domain, negating the need for formal bills or amendments. In compliance with subparagraph 3 of Section 4, the Central Government formed the Narcotics Control Bureau, whose primary duty is to coordinate drug law enforcement across the country. The NCB serves as the focal point for gathering and distributing intelligence as well as the coordinator of national liaison, in accordance with the parameters of the national plan In particular, the act gives state and federal magistrates as well as specifically selected officials the authority to issue search and arrest warrants. This technology should enable prompt and appropriate responses to any information, obviating the need for a warrant to be issued. Consequently, prompt and efficient replies to any information are ensured.

Negatives - A person who consumes alcohol that contains opium or possesses marijuana does not hurt other people or himself and offenses mentioned in the NDPS Act fall under victimless crimes which dont include guilty thought or dishonest intention that motivated it. Hence the punishment is meted out in most cases for acts that cause harm to others, such as murder and theft.

The NDPS Act requires the court to presume the existence of a guilty mental state for all offenses under the Act, doing away with the necessity of dishonest intention under Section 35. Consequently, there must be conscious possession involved in a scenario where possession is prohibited by the Act.

4) Punishment

The production, manufacturing, sale, purchase, import, and interstate export of cannabis, as defined by the NDPS Act, are punishable under Section 20 of the Act. The recommended penalty is determined by the quantity of drugs found. In certain situations, if an individual commits repeated offense, the death penalty is also stipulated.

For the first time in India's history, the death sentence is allowed via the NDPS (Amendment) Act, 1988 [3]. A person found guilty by a competent court of criminal jurisdiction outside of India will be treated as though the conviction had come from an Indian court under the mentioned section 31A.

Under section 59, dereliction of duty cast on an officer under this Act or wilful abetment/connivance shall be punishable with 10 Years' R.I./fine Rs. 1 lakh extensible to 20 Years' R.I./fine of Rs. 2 lakh. (The term 'officer' includes for the purpose any person employed in a hospital/institution maintained/recognized by the Government/local authority.) [4]

5) Initiatives taken by the Government

In 2016, the Narco-Coordination Center (NCORD) was established, and the "Financial Assistance to States for Narcotics Control" program was brought back to life.

The Seizure Information Management System will compile all drug offenses and offenders into an extensive online database.

The Ministry of Social Justice Empowerment, in collaboration with the National Drug Dependency Treatment Centre of AIIMS, is conducting the National Drug Misuse Survey to assess the trends in drug misuse in India.

Initiative Sunrise, introduced in 2016 by the Ministry of Health and Family Welfare to address the growing HIV prevalence in India's northeastern states, particularly among drug injectors.

The "Nasha Mukt Bharat," or Campaign for a Drug-Free India introduced by the Government to free people from drug abuse is again a positive step towards the development

6) Conclusion

The 1985 Narcotics, Drugs, and Psychotropic Substances Act has greatly limited the distribution of these substances by enacting severe punishments, limiting its distribution. The government too,has made significant progress toward its control and widespread by adopting several initiatives and programs.

7) Citations

1) Narcotic Drugs and Psychotropic Substances Act, 1985.

2) Narcotic Drugs and Psychotropic Substances Act, 1985 s.2.

3) Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988.

4) Narcotic Drugs and Psychotropic Substances Act, 1985 s.20, s.31(A), s.59.