Narcotic Drugs and Psychotropic Substances Act: An Overview

Any civilized culture has faced a threat from narcotics and psychotropic substances. They damage the user's mind and cause him to change into a different personality when he becomes addicted to them.

Its use encourages the person to act aggressively and criminally. The younger generation, who are the targets of drug dealers, is particularly vulnerable. They are then forced to follow the lead of the more powerful wolves that run the drug cartel, and eventually they become nothing more than instruments in their hands, used to perpetrate crimes of many different kinds that have an impact on society's generally peaceful way of life.

What does NDPS Act Define?

The Opium Act, 1857 Act (XIII), The Opium Act, 1878 Act (I), and The Dangerous Substances Act, 1930 Act were the primary Central Acts used to regulate narcotic drugs in India prior to the passage of the Narcotic Drugs and Psychotropic Substances Act, 1985. (II).

The three UN drug conventions, as well as Article 47 of the Constitution, were taken into consideration when the Narcotic Drugs and Psychotropic Substances Act, 1985 Act (LXI) (hereafter the NDPS Act) was created. A person is not allowed to produce, manufacture, cultivate, possess, sell, buy, transport, store, or use any narcotic drug or psychotropic substance unless it is for medical or scientific research. Since then, the NDPS Act has undergone three revisions in 1988, 2001, and 2014.

• The NDPS Act of 1985 was passed with the goal of reducing the use and distribution of the drugs and psychoactive substances that were included and specified in the Act.

• The NDPS Act of 1985 is applicable throughout India, to all citizens whether they are inside or outside the country, and to all citizens aboard ships and aircraft with an Indian registration.

There are many medicinal and scientific applications for narcotic drugs and psychotropic substances. They are, nevertheless, susceptible to abuse and trafficking.

The Constitution of India [Article 47(1)]

“That the State shall work to enact the prohibition of the consumption of intoxicating beverages and drugs that are harmful to health, with the exception of those used for medicinal purposes. This is how India approaches narcotic drugs and psychotropic substances”.

The Single Convention on Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988 all adopted the same principle of preventing use of drugs other than for medical purposes. The aforementioned conventions have been signed and approved by India.

Objectives of the NDPS Act

The following are the Act's objectives −

• To take action to stop, stop operations involving narcotic narcotics and psychotropic substances, and to control those operations.

• To establish a forfeiture process for items used or produced from illegal drug and psychoactive substance trade.

• To put into practice the International Conventions on Narcotic Drugs and Psychotropic Substances' provisions, as well as for all other pertinent issues.

• To modify or omit the list of psychoactive drugs.

To put it another way, the NDPS Act aims to outlaw the use of narcotics as well as their trafficking, including cultivation. production, distribution, sales, and purchases. It's a specific law that was passed with the intention of establishing strict guidelines for the management and supervision of activities involving narcotics and psychoactive substances.

NDPS Act of 1985

Important Definitions

Sections	Definitions
Section 2(i)	Addict denotes a person who is dependent on a drug or psychoactive substance, regardless of the type. Therefore, anyone who uses and depends on narcotic medications and substances will be considered an addict.
Section 2(iii)	Charas − that is, the pure or crude separated resin obtained from the cannabis plant, as well as concentrated preparations and resin known as liquid hashish or hashish oil; Ganja − that is, the cannabis plant's blooming or fruiting tops, regardless of its name or designation, minus the seeds and leaves when they are not present; Any mixture − with or without any neutral substance, of any of the aforementioned cannabis forms or any beverage made from them; Cannabis Plant − means any plant in the cannabis genus;

Future Considerations

It is important to monitor how the NDPS Act is being implemented in order to control drug use in society. Ensuring the quality of medications used for medical purposes is a crucial factor that should be taken into account. It is important to keep and control data on drug users, including the efforts of many organizations working in this field. Coordinating better with states to conduct investigations into drug-related situations. For obvious lines of inquiry, separating synthetic from natural substances can be beneficial.

Having a transparent policy can help us solve drug-related offences more quickly and efficiently. For our nation to be free of the scourge of illegal drugs, it is crucial to comprehend drug trends.

Conclusion

India's drug problem is considerably worse than it seems. Ganja, charas, and other psychoactive drugs were utilized in ancient India for psychotherapy, pain treatment, and other therapeutic purposes. Prior to 1985, there was no law in India that made drug possession or use illegal. It's now crucial to remember that the NDPS Act has various provisions that outline harsh penalties. As stated in Section 37, the right to bail cannot be granted for more serious offences. This statute was more stringent than the Unlawful Activities (Prevention) Act of 1976 (UAPA), and as a result, the courts tended to be unwilling to release offenders on bond.

Frequently Asked Questions

Q1. When the last time NDPS Act amended?

Ans. The latest amendment that is done on 29th December 2021.

Q2. What is difference between narcotic and psychotropic drugs?

Ans. The difference can be understood by the name only, as narcotic is the drugs, which use cause muscular relaxation and also cause temporarily loss of sensitivity and person feels lethargic. On the other hand, psychotropic drugs affect the mind of the users. Likewise, the main difference between narcotic and psychotropic drugs is -Narcotic drugs are primarily used for their pain-relieving effects, while psychotropic drugs are used to treat mental health conditions.

Q3. What are examples of psychotropic drugs?

Ans. Psychotropic drugs are a diverse group of substances that are used to treat mental health conditions. They include antidepressants, antipsychotics, and benzodiazepines, Thorazine (chlorpromazine), Trilafon (perphenazine), Stelazine (trifluoperazine), Prolixin (fluphenazine), Moban (molindone), Serentil (mesoridazine), Mellaril (thioridazine), etc.

Q4. What are examples of narcotic drugs?

Ans. Narcotic drugs are substances that are primarily and legally used for pain relief and are only administered to patients. These are heroin, morphine, and fentanyl, etc. But it needs to be understood that these drugs are highly addictive and can cause physical and psychological dependence, which may later cause severe health issues.