REGULATIONS OF DRUGS IN INDIA

DISSERTATION SUBMITTED

IN FULFILMENT OF THE REQUIREMENT FOR

THE DEGREE OF

B.COM.LL.B. (HONS.)

TO

FACULTY OF LAW

DR SHAKUNTALA MISRA NATIONAL REHABILITATION UNIVERSITY

LUCKNOW

SUBMITTED TO: SUBMITTED BY

PROF. Vijeta Dua Tandon Saurabh Verma FACULTY

of LAW 164140059

1
 CERTIFICATE

I hereby certify that

(a) Saurabh Verma Student of B.Com.LLB(H) & Batch (2020-21 ) at DR.SHAKUNTALA
MISRA NATIONAL REHABILITATION UNIVERSITY, lucknow
Uttar Pradesh has completed the Project Report on “Regulation of Drugs in India”, during
Semester 10th under my supervision.
(b) The presented work embodies original research work carried out by the student as per the
guidelines given in University Regulations.
(c) The Research and writing embodied in the thesis are those of the candidate except where due
reference is made in the text.
(d) I am satisfied that the above candidate’s prima facie, is worthy of examination both in terms of
its content and its technical presentations relative to the standards recognized by the university as
appropriate for examination.
.

Signature Of The Faculty

Prof. Vijeta Dua Tandon

faculty for law

2
 DECLARATION

Title of Project Report “Regulation of Drugs in India”.

I understand what plagiarism is and am aware of the University’s policy in this regard.
I declare that

1. The work submitted by me in partial fulfillment of the requirement for the award of
degree B.com.LLB(H) Assessment in this. It has not previously been presented for
another assessment.
2. I declare that this DISSERTATION is my original work. Wherever work from other
source has been used, all debts (for words, data, arguments and ideas) have been
appropriately acknowledged and referenced in accordance with the requirements of
NTCC regulations and Guidelines.
3. I have not used work previously produced by another student or any other person to
submit it as my own.
4. I have not permitted, and will not permit, anybody to copy my work with the purpose of
passing it off as his or her own work.
5. The work conforms to the guidelines for layout, content and style as set out in the
Regulations and Guidelines.

Date : ………………

Saurabh Verma
164140059

3
 Acknowledgement

I pick up this opportunity with immense pleasure and privilege to offer my heartfelt and sincere
thanks to Prof. Vijeta Dua Tondon, my internal guide for his kind devotion and critical
supervision , without his previous help and constant guidance this dissertation would not have
seen the light of the day.

My deepest gratitude to all the college officials, especially the library staff for extending their
helping hand without whom it would have been harder for me to complete this dissertation. With
the books and available data present in the library and all the research papers present in the
library has helped me to go with the dissertation smoothly, the best part of the library is the
systematic arrangement of available resources that makes the research smooth and simple.

I would also like to extend my deepest gratitude to my colleagues of Dr.Shakuntala misra

University, Lucknow , Uttar Pradesh and all the staff of my college.

Lastly I would thank everyone who have helped me in preparation of this dissertation in any
manner whatsoever.

THIS DICTION IS TO ACKNOWLDGE CONSTANT INSPIRATION.

Yours Sincerely

Saurabh Verma

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 TABLE OF CONTENTS

CHAPTER 1……………………………………………………………………………..9-16

INTRODUCTION

 What is alcohol?

 What is drug?

 Subsatnce abuse in india;

 Narcotic drugs and psychotropic substance

 Drug policies in India

CHAPTER 2……………………………………………………………………………..17-23

 Drug control laws in India

 Enactment of NDPS

 NDPS amendments

 Significant aspects of the NDPS act

 Narcotics Control Bureau

CHAPTER 3………………………………………………….………………………….24-34

 Alcohol prohibtion in India

 Substance abuse

 Extent of substance abuse in India;

 Quantity and punshiments of substance abuse

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CHAPTER 4…………………………………………………………………………….35-44

 Conventions on drugs and alcohol

 Historical context that led to conentions;

 The main objective of the 1971 convention on psychotropic subsatnce;

 The main objective of the 1988 convention;

 The effects of these conventions on criminalise substance abuse and possession of

personal use;

 The obstacle on the progress of conventions on substances abuse;

CHAPTER 5…………………………………………………………………………….45-61

 Drug policies in india;

 Enactment of ndps act;

 Components of ndps act, 1985;

 Positive aspects of ndps act, 1985

 The narcotic drugs and psychotropic substances (amendment) bill, 2011

 Commeents on the proposed narcotic drugs and psychotropic substance

(amendment) bill, 2011
CHAPTER 6…………………………………………………………………………….62-73

 Narcotic control bureau

 History of ncb;

 Formation of ncb;

 Role and function ncb;

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  Alcohol prohibition in India

 Evil impact of drink;

 Experiment in prohibition in usa and its failure;

 Appreciation and advantage of the prohibition policy

CHAPTER 7………………………………………………………………………………74-79

 Conlusion

 Suggestion

REFERENCES………………………………………………………………………………..80

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List of Abbreviation

 WHO- World Health Organization

 EU- European Union

 UNODC- The United Nations Office on Drugs and Crime

 NCRB- National Crime Record Bureau

 NDPS- The Narcotic Drugs and Psychotropic Substances

 CND- Commission on Narcotic Drugs

 DPCO- Division of Capital Planning and Operations

 NLEM- National List of Essential Medicines

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 CHAPTER 1

INTRODUCTION

Services of Drugs and Alcohol has been part of roots of human civilization which may be in the
form of religious as well as other commentaries of impact full ideologies (which may be prevent
penal or in conscience ) which represent the substation and question has been part of life since
time been memorial and evolution in regards to its abuse has been generated and formed due to
presence of statically as well as analytical data which has been come across due to fall of
geographical and communication barrier through technological advancement , but the fact about
its aftermath and its adverse impact an individual cannot be denied in the event of non presence
of document in the said context of bygone era.

India also known as land of shiva, has inherited cultural routes with most mysterious and
eccentric ways of worshipping lords. India has one of its famous festivals known as ‘Shivratri’ in
which people worship shiva and have Bhang. Which have been used as “soma ras” since
centuries described in many literatures too. Except cannabis, opium is also offered at akha teej 1.
Unlike western countries India has a cultural connection of adapting certain natural forms of
narcotic substance for celebrating some religious festivals. While framing and forcing any drugs
laws in India, cultural difference will be an important aspect to taken.

On other hand we can’t overlook the rise of substance abuse which are on the rise in current
scenario the leading state of our country have facing this problem. We have a large number of
drugs addicts in the society. The rise of drugs and alcohol brings a lot of problem which can be
related to, health like morality, and psychiatric disorders and also we have to face economic
issues like finances spent on developing services, drain on national resources and the loss of
productivity. It also leads to number of social problem which can be defined under family
disintegration that can also lead to criminal activities. In history the war on alcohol is consider to
be more sensitive issue than any other issue. It may be because of crimes ranging from white
collar crimes to blue collar crimes. In the era of terrorism where drugs are a way of producing

1
A ceremony which is celebrated to strengthen family bonding

9
funds for terrorist activities it is a very important which should be taken into consideration while
framing and amending laws related to drugs.

The epidemic of Substance abuse in young generation has assumed alarming dimension in India.
Changing cultural value, increasing economical stress and dwindling supportive bond leading to
initiation into substance use. According to WHO substance abuse is persistent or sporadic drug
use inconsistence with or unrelated to accepted medical practices. 2. This picture is grim if we
take world statistics into account regarding the drugs scenario. With a turnover of around $500
billion, it is the third largest business in the world, next to petroleum and arms trade. All over
190 million people all over the world consume on the drug or the other 3. Since form the rise of
time the use of drugs and alcohol is increase and same happen with the business of drugs and
alcohol. Which bring some good and bad affect in the society.

WHAT IS ALCOHOL?

Alcohol is formed when yeast ferments (breaks down without oxygen) the sugar in different
food. For example, beer form malted barley (a type of grain), vodka form the sugar in potatoes,
wine is made from the sugar in apple, beets or other plants. 4 Pure alcohol is colourless,
odourless and inflammable fluids. It is the legal, sedative drugs which changes the way we feel.
Alcohol as beverages used in many societies for many purpose.

The fact that many people drink alcohol to change there because the more you drink alcohol
more parts of your brain become numbed form the sedative drug- alcohol. It is one of the
important reasons why many people drink and that mood change can be regulated according to

2
WHO. Techn res. Ser. No. 886. 1999. P.48
3
Miller, WR sanchez, UC.motrivating young adults for treatment and lifestyle change. In Howard and g editor. Issue
in alcohol use and misuse in young adults. University of notre dame press; 1993.pp. 55-82
4
hhtp;//www.cdc.gov/alcohol/tag.htm

10
the amount consumed. As the alcohol moves quickly to the brain it acts like an anesthetic to
various parts. It will firstly affect your frontal lobe and then immediate effects will increased
enjoyment, euphoria, happiness, and the general expression of positive moods. These feelings are
experienced more strongly in groups than when drinking alone and very much influenced by
expectations.5

The first thing to be “switched off” or “depressed” are inhibition

 The good thing can be it make you more relaxed

 The bad thing is that it can take away your judgment

 This is why people risk unprotected sex, picks fights or become violent.

Alcohol Commercially;

Commercially alcohol is a major commodity that is associated with substantial government tax
receipts and considerable expenditure. The EU is considerable the entre of global alcohol
industry, acting as both the largest market and major producer of alcoholic drinks. The
expenditure on alcohol marketing by the alcohol industry in 2018 was $82 million 6, up to $13
million on the previous year.

WHAT IS DRUG?

Drug is a substance (with expectation form food and water) which, when taken into body, alters
the body function either by psychically or psychologically. Drug may be legal (e.g. alcohol,
caffeine and tobacco) or illegal (e.g. cannabis ecstasy, cocaine and heroin.). Psychoactive drugs
are as strong that its affect the central nervous system and it can also alter a person’s mood,
thinking and behavior. Psychoactive drugs may be divide into four categories; depressants,
5
Hull et al,2004
6
Nielsen media research

11
stimulants, hallucinogens and ‘other’. The effects of drugs will vary from person to person
depending upon the person characteristics (such as physical size, gender, mood, diet, fitness, age,
their Expectations and health), the drug itself (such as the amount taken and how much it is
pure), and how it is taken and which type of environment they are situated. It was seen that after
taking drugs some people become sleepy, angry, aggressive, depressed, unmotivated, paranoid,
anxious or talkative. Drug use can lead to social and emotional problem and negative effect on
relationships with family and friends.

Drug Addiction;

The addiction of drugs is a complex issue and affects everyone differently. This can depend on
the type of drug used, amount used and the length if tie the drug(s) have been used for. Some
drugs are more physically addictive while others are mentally or socially addictive. Drug use can
lead to tolerance and dependence.

Tolerance- this mean that person need more drugs this time form the small quantity which they
had last time.

Dependence- this means that the drug becomes central to a person’s life and they feel cannot
function properly without it.

The overdose of any drugs can be accidental or intentional. Drug overdose are the leading cause
of death for Americans under 50. Accidental overdose tend to happen when people take more of
prescription medication than originally intended to achieve certain results, or when they use too
much of an illegal drug trying to get a better high. Intentional overdoses are usually a result of
someone trying to committee suicide. Regardless of intent any loss of life due an over dose is
tragic and any overdose can be severe and lasting repercussions.

People take drugs for many reasons such as peer pressure, relief from stress, increased energy, to
relax, to relieve pain, to escape reality, to feel more self-esteem and for recreation also. People

12
may take it stimulants to keep alert, or for the feeling of excitement it produces. Some people
like Athletes and body builders take anabolic steroids to increase muscle mass.7

SUBSATNCE ABUSE IN INDIA;

Here substance abuse means drugs and alcohol abuse. Alcohol and drugs abuse has emerged as a
serious concern in India. Under Article 47 of the Indian constitution provides that ‘The state shall
regard the raising of the level of nutrition and standard of living of its people and the
improvement of public health as among them should be primary duties and, in particular, the
state shall Endeavour to bring about prohibition of the consumption except for medical purposes
of intoxicating drinks and of drugs which cause serious injurious to health”. India signed three
United Nations conventions, namely:

 Convention on Narcotic Drugs, 19618;

 Convention on Psychotropic substances, 19719, and

 Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substance, 198810.

Thus, India also has an international obligation, inter alia, curb drug abuse. The United Nations
General Assembly, on the 20th special session in 1998. The general assembly in its assembly
accepted demand reduction as an indispensable pillar of drug control strategies. The demand
reduction strategy can be education, treatment, rehabilitation and social integration of drug
dependent persons for prevention of drug abuse.

In 2004, UNODC and the ministry of Social Justices and empowerment, jointly release the
national survey on the extent, Pattern and trends of drugs abuse in India, the first of its kinds. It
showed that the number of chronic substance-dependent individuals were as follows: 10 millions

7
“Drug Addiction and Drug Abuse”, www.factmonster.com. Hamilton Wright, considered by some the father of
U.S. anti- narcotics laws, reports that American contractors give cocaine to their Negro employees to get more
work out of them; See, Musto, The American Disease. p.180
8
Held at New York, 30 march 1961
9
Signed in Vienna, Austria on 21st feb 1961
10
Held on November 11, 1990

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(Alcohol), 2.3 millions (cannabis) and 0.5 millions (opiates)11. The survey not only points to the
problem of Indian population’s having twice the global (and Asian) average prevalence of illicit
opiate consumption, but also shows that the treatment resources available are not commensurate
with the ‘burden of work’ (number of dependent drugs user) requiring immediate treatment.

Beside this in recent year, the percentage of drugs abuse has been increased and spread its
tentacles in every sphere of people life and that cause large array of corrosive effects on the
Indian society and the societies become more rampant. India has a long history regarding the
cannabis and opium which were used in social, spiritual and medicine context. The gravity of
problem was get into acknowledge by the released of statistical data from National Crime Report
Bureau (NCRB)12. The problem of Drugs abuse can be seen especially in states of Punjab and
Manipur i.e. estimates show approx 18,000 and 25,000 intravenous drugs users (IDUs).

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE

There is no any universally definition for these expression Narcotic Drugs and Psychotropic
Substance13 . A “Narcotic substance” in medical sense means “any drug that numbs the body and
induces sleep”. The term ‘Narcotic’ derived from the Greek word ‘Narkoticos’ means ‘numbing’
and the expression means ordinarily used, refer to opiod14 i.e. opium.

A “Psychoactive drug” or “Psychotropic substance” is a chemical substance that acts primarily

upon the central nervous system where it alters brain function, resulting in temporary changes in
perception, mood, consciousness and behavior.

The drugs which considered being psychotropic substances either in convention on psychotropic
substance, 1971 or in the NDPS Act have not any common characteristics to justify the
difference in group of psychotropic substance and narcotic drugs. It was the international
concern which was against the increase in case of poisoning brought about by amphetamines i.e.
11
10_india.pdf
12
NCRB was set up in 1986 to function as a repository of information on crimes and criminals
13
Mchanathan MC, law of control on Narcotic Drugs and Psychotropic substances in India
14
“Narcotics”’ health mongabay.com/cordition/Narcotics.html-42k

14
a group of stimulants in many parts of world that culminated in convention on psychotropic
substance, 1971. The substance which were not under international control at that point of time,
known as stimulants, barbiturates, tranquilizers and hallucinogens were sought to be brought
under the international control in the Convention on Psychotropic Substance, 1971. But on single
Convention on Narcotic Drugs, 1961 some of this group likes have already been grouped.

By witnessing various convention Psychotropic drug are classified according to their some
frequent behavior effect, that can be as follows15;

 Hard drugs

 Soft drugs

 Narcotic analgesics

 Psycho- stimulants

 Inhalants and volatile solvents

 Alcohol

 Sedative hypnotic and anti- anxiety agents

 Cannabis and its derivatives

 Hallucinogens

15
Preventing and controlling drug abuse, (WHO,1989) PP.21-33

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DRUG POLICIES IN INDIA

Among all the other developing countries India was one of the first country which devised NDP
to make drugs available to needy or poor once. The leading brands of pharmaceuticals can only
be taking over through the prescription by medical practitioners. In 1963 Legislative assembly
passed a drug prices control order (DPCO) to keep a check on the rising or falling prices of drug
in market. While DPCO did not bring much difference, since, many drug manufacturers get
withdrew from the country. The scenario was production of certain drugs shifted to china from
India. The reformed DPCO came into existence in 2013. DPCO 2013 was found to be more
favorable towards non-controlled products as no new investments were carried out. Those drugs
which included in National List of Essential Medicines (NLEM) were only being regulated as
per the provision present under the DPCO 301316.

If we go to history we can see that during the British period China become successful in breaking
off the India-china opium trade. After the various international conventions banning of substance
abuse became important for all over the world because world witness lots of losses due to rise of
substance abuse. Whereas India adopted a Act known to be NDPS in 1985. Although after 3
years of implementation of NDPS act the need to bring one more act on prevention of illicit
trafficking in narcotic drugs and psychotropic substance, 1988 was felt and it was brought under
the light of Indian law makers.17

16
htt://www.jagraanjosh.com/article/upsc-ias-exam-drug-policy-in-india-1460379300
17
Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, United Nations Office
on Drugs and Crime (UNODC) (2009).

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 CHAPTER 2

DRUG CONTROL LAWS IN INDIA

The evolution of drug and alcohol controls laws can be traced back from the Opium Act of
185718 and the Dangerous drugs act of 1930. These penal were made to regulate and monitor the
use of some specific drugs with limited scope. They were not based on any well-defined
principles and did not contain any overarching provision to grapple with the problem of drug
abuse in holistic manner. The acts moreover not provided for meager punishments for their
offence, there were only a three years imprisonment for first time doing the offence and four
years for repeating the offences. After Second World War, countries began working collectively
on enacting human rights instrument that were designed to allow individuals to live with dignity
and respect. It was clearly mention under article 25 of the Universal Declaration of Human
Rights19 and article 12 of International covenant on economic, social and cultural rights which
seek to promote the highest attainable standards of physical and mental health. With the change
in time the enforcement of this law become failure. Against this backdrop several new
convention were held such as the Single Convention on Narcotic Drugs, 1961 and the other
important Convention on Psychotropic Substances, 1971. The main motives of these
international conventions were to grape with problem of drugs abuse.

In view of rising international standards and various conventions, India feels the need to
incorporate these principles into a substantive legislation which could function holistically in the
domestic sphere. Or to make a penal that control the rising of substance abuse with matching the
par of international standards and to effectuate the goals of these treaties, the National Drugs and
Psychotropic Substances Act, 1985 was legislate by the legislative bodies of India. Basically the
act was based on two kinds of offence; trafficking of prohibited substance (cultivation,
manufacture, distribution) and sale, as well as their consumption. The enactment of this act was
done by President Giani Zail Singh in 1985.

18
Act that consolidate and amend the law relating to cultivation of the poppy and the manufacture of opium.
19
Held at Paris on 10th December 1948

17
After this one more Act were passed to support and make the narcotics law strong in the country,
which known to be “The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic
substances Act, 1988”. The passed on September 1988 to provide the detention in certain cases
for matters connected therewith. Whereas the act having substance poses to serious threat to
health and welfare of the people and the activities of person engaged in such type of illicit traffic
have a deleterious effect on the national economy.

The important reason beside the implementation of these laws to make Narcotics law strong that
it can help to reduces the use of intoxicating substance which hampers the health and lifestyle of
the people. The various conventions which were held on the substance abuse or drugs and
alcohol abuse have witness the year by year rise of drugs in people day to day life. The
developing states of your country were seen the highest ratio on drugs uses. The enforcement of
these laws make easily to our administration system to get control over it and bang the abuse
substances. Beside this the law which governs sale and consumption of alcohol varies from states
to sates, which clearly means that states have its own policies regarding the sealing and the
amount of consumption of drugs and alcohol.

ENACTMENT OF NDPS

Initially the main cause beside the narcotic addiction was use of opium and morphine for the
medical preparation during the time period of civil war. During these wars authority became
addicted to these drugs and it was also known as soldier’s disease20. Although the production of
marijuana had been strictly been banned in 1937, the major changes was seen during World War
II, some government all of the sudden stated that they need it for basics such as rope and other
cordage purposes21. As Indian Scenario is concerned use cannabis was obtain from back in Vedic
period. Until 1985 cannabis and its derivatives (bhang, ganja and charas) was legally sold and
were commonly used the people of India.

20
James Grey (2012) Why Our Drug Laws Have Failed: A Judicial Indictment of War on Drugs. Temple University
press, USA
21
The history of the drug laws

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India opposed the single convention on Narcotic Drugs 1961, which was proposed by the United
States under law against all drugs and alcohol. But the convention came into favorable decision
giving to India a ‘Grace period’ of about 25 years to make cannabis only available for scientific
and medical purpose and not for any other reason. Since it was a politically sensitive issue and
become mandatory to the international delegation. This stated and also compelled Indian
government to eliminate the ethnically use of cannabis. For this reason on 14 th November 1985,
NDPS Act was enacted; the aim reason behind the act was banning all narcotic drugs in India
without much resistance. The only provision given for non-medical cultural was drinks made
from cannabis leaves were to be sanctioned Britto 1989. The objective of this act to prohibits
cultivation, sale, manufacture, possession, transport etc, of the abuse substance. But the
permission was given to medical and scientific purposes as provided in the act22.

Three classes of substances are covered under NDPS Act-

1. Narcotic drugs covered under the 1961 convention.

2. Psychotropic substances, and those substances which are covered under the 1971 convention.

3. Controlled substances23 that are used to manufacture drugs or psychotropic substance.

The NDPS Act lays all the important procedure that would be followed in case like any search or
seizure is to be done. The procedure for arresting a person in relation to an offence in NDPS act
is also given.24other then this the norms of investigation and permissibility of evidence are
interpreted in such a way that they are prejudicial to the cause of the accused. 25 Which is seen in
Raj Kumar Karwal v Union of India (1990) 2 SCC 409 and again in the case Kanhaiyalal V.
Union of India (2008) 4 Scc 668. In both the cases, the Indian Supreme court, in a departure
from the settled position on the law on evidence, made confessions to drug law in which the
enforcement officers admissible as evidence. The act also give authority to central and state to
government to frame there rules in relation to drug-use activities.

Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substance Act was just
introduced in 19988 as a supplementary to NDPS Act.
22
CK Parikh (2017) Parikh’s textbook of medical Jurisprudence, Forensic Medicine and Toxicology. (6th edn).
23
Section 2 (viid), NDPS act
24
Section 41,42,43,and 50, NDPS act
25

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NDPS AMENDMENTS

1. 1989

The first change in NDPS Act was done in the year 1989. Very harsh punishments were
introduced, such as the mandatory minimum imprisonment of 10 years, a bar set form the
suspension, restriction on bail, trial by special court, forfeiture of property, and mandatory death
penalty in some major cases if the offence will repeated. After these amendments, if people
caught even in small amount of drugs had to go through long imprisonments and very hefty
fines, until and unless the person will prove that it was for his own personal use.

2. 2001

The major criticism faced by the 1989 amendments because of its irregular sentencing policies,
then 2001 amendment was passed. According to this amendment, the penal provison were
upgraded, and penalties were imposed which were based on the quality of the drugs. According
to amendment three important categories of drugs were

 Small26

 Commercial27

 Intermediate

The above there threshold was provided through a central government notification on October
2001.28

3. 2014

26
Section 2 (xxiiia), NDPS Act
27
Section 2 (xxiiia), NDPS Act
28
Notification S.O 1055(E), dated 19th October 2001 published in Gazette of India, Extra., Pt II, sec 3 (ii), dated 19
October 2001

20
The NDPS Act was again amended in the year 2014, and from May 2014, the amendments came
into force. The main features of the amendments are-

 A new category of essential narcotic drugs29was created which the central government
can regulate uniformly throughout the nation.

 The objective of the law was widened with the promotion of narcotic drugs and
psychotropic substance for scientific and medical use but also prohibiting illicit use.

 Including the terms “management” of drugs dependence and “recognition and approval”
of treatment centers, thus allowing for establishment of legally binding treatment
standards and evidence- based interventions.

 The death penalty was made circumspection for repeated offense

Significant Aspects of the NDPS Act

1. Quantity Based Sentencing- under the NDPS Act, sentencing of punishment is based on the
substance and its quantity found. The government had also cleared the fact that when the
quantity of seized product is to be calculated, the weight of the product will be given prime
consideration instead of the pure drug of the product.30

2. Death Penalty- The harshness of the NDPS act is very evident from the fact that death
penalty has also been included as a form of punishment under the Act. Courts can give death
sentence in the case of certain repeated offense (such as manufacture, production, Import, export,
possession, and transportation) large quantities of drugs.31 The death penalty was made
mandatory through the 1989 amendment, but the rage of offenses in which death penalty was
made discretionary and an alternative punishment of 30 years of imprisonment were introduced.

3. Treatment for Drug Dependence-

29
Section 2 (viiia), NDPS Act
30
Notification through S.O.2941 (E), dated 18 November 2009
31
Section 31A, NDPS Act

21
The NDPS Act supports treatment for people who use drugs both as an ‘alternative’ to’ and
independent of criminal measures. Several provisions stipulated under Act depenalise
consumption and offenses involving small quantities of drugs and encourage treatment seeking.
The treatment aspects under the NDPS Act has come distinct features-

 Sec 4(2) (d) and 7A states that treatment of drug addict is one of the measures for which
the central Government should create funds.

 Section 64A states that drug dependent people who are charged with an offense involving
small quantities of drugs or consumption can go for the treatment and will be exempted
from prosecution.

 Section 39 says that instead of awarding sentences, the court shall divert drug dependent
people convicted for consumption or an offense involving a small quantity of drugs, to
recognized medical facility for detoxification

 Section 71, 76 (2) (f), and 78 (2) (b) contains provision that the central or the state
government can set up and regulate centers for identification, care, and treatment of drug
dependent people.

NARCOTICS CONTROL BUREAU

The narcotics Control Bureau (NCB) is the drug law enforcement intelligence agency of India
responsible for fighting drug trafficking and the abuse of the illegal substance. 32The Narcotics
Control Bureau was created on 17 March 1989 to make full implementation of the Narcotic
Drugs and Psychotropic substances Act, 1985 and fight its violation through the Prevention of
Illicit Trafficking in Narcotic Drugs and Psychotropic substance Act, 1988. The headquarters is
located in Delhi. The other offices are organized by Zones and are located in Mumbai, Indore,
Kolkata, Delhi, Chennai, Lucknow, Jodhpur, Chandigarh, Jammu, Ahmedabad, Bengaluru, and
Patna. Officers in this organization are drawn from Indian Revenue Service, Indian Police
Services and Other Paramilitary Forces.

32
National informatics center on 2009-04-10

22
One of its important features is that it also represented on the economic intelligence council. The
affiliation of NCB is done by the Home Ministry, which was made responsible for administering
the Narcotic drugs and Psychotropic Substance Act, 1985. The main function of NCB is;

 To fight drug trafficking on central level.

 It works in close cooperation with the customs and central Excise/GST, state police
department, Central Bureau of Investigation (CBI), CEIB and other intelligence and law
enforcement agencies both at the national and the state level.

 The NCB also provides training and resources to the personnel of India’s law
enforcement agencies infighting drug trafficking.

 The NCB also monitors India’s frontiers to track down points where smuggling activities
take place with foreign traffickers.

23
 CHAPTER 3

ALCOHOL PROHIBTION IN INDIA

When the temperance movement stared in India and the movement led to the prohibition of
alcohol in various states that also include the states like Manipur. At the time of British India,
many temperance activists agitated for prohibition in the country. Mahatma Gandhi was a
champion of the temperance movement and said that foreign rules are an obstacle to national
prohibition. After India got independence in 1947, “prohibition was included in the constitution
of India and the government of several states such as Gujarat introduced it.” Alcohol prohibition
in India is force in the states of Bihar, Gujarat, and Nagaland as well as in the Union territory of
Lakshadweep33. And all the other states and union territories give permission to the sale of
alcohol.

According to the directive principle of states policy (DPSP) under the constitution of India
(article 47) which states that, “the state shall endeavor to bring about prohibition of the
consumption except for medicinal purposes of intoxicating drinks and of drugs which bear
injurious to health”.34 But at the other hand Directive Principle are not- justifiable rights of the
people and it having fundamental in the governance of the country. The duty of every state to
apply this principle in making policy of law (article 37 and article 38).

Other then India many countries prohibited the dirking of alcohol in their states; these countries
include the larger population of Muslim such as

 Yemen

 United Arab Emirates (In Sharja)

 Saudi Arabia

 Pakistan

33
“sates with total and phase-wise prohibition of alcohol in India”’ The Indian express.
34
 http://lawmin.nic.in/olwing/coi/coi-english/Const.Pock%202Pg.Rom8Fsss(7).pdf

24
  Maldives

 Libya

 Kuwait

 Iran

 Brunei

 Bangladesh

The countries like United Sates of America ban the sale and consumption of alcohol in their
states from the time period of 1920 to 1933. The time period of 13 years till it was ban was its
one of the most famous – or in famous times of American history. The only intention for
prohibition of alcohol was to reduce the consumption of alcohol by eliminating businesses that
manufactured, distributed, and sold it. But it considered being the failure.

Above all these theories and assumption, the drugs and alcohol consider very important topic in
every aspects (social, economical, financial). With the rise in time the demand of substance
abuse also increase but above all some problem are there in the system to make the law affect
against the control policies of alcohol;

 Absence of a single national nodal ministry at the centre to deal with all aspects of
alcohol policy and prevention.

 Conflict between the centre and the state level on issues with regard to production,
distribution, taxation and sales as alcohol being a state subject

 Greater emphasis on the revenue component and promotional aspects of alcohol use

 Increasing emphasis on other addictive drugs and low priority on alcohol

 Absence of a rational and scientific alcohol control policy based on public health
approaches

25
  Absence of inter- sectoral approaches

 Non-availability of good quality population-based data through well-designed studies at

national and local levels.

 Emergence of the so called “social” alcohol use in major way.

SUBSTANCE ABUSE

“DRUG ABUSE IS A SOCIAL EVIL. IT DESTORYS VITALS NOT ONLY OF THE

SOCIETY BUT ALSO ADVERSELY AFFECTS THE ECONOMIC GROWTH OF THE
COUNTRY”35

What is Substance Abuse?

In the simple sense substance abuse is define as a pattern of harmful use of any substances for
mood-altering purposes. Alcohol and other drugs (illegal or not) is known to be substance here.
Other then this some substances that are not drugs are also included.

“Abuse” can result because we are using a substance in a way that is not intended or
recommended, or because of using more then it prescribed.36

Substance abuse is done when we take drugs that are not legal. It’s also when we use alcohol,
prescription medicine, and other legal substances too much or in the wrong way. Substance
abuse differs from addiction. Most of the time people dealing with substance abuse problems are
able to quite or can changes their unhealthy behavior. On the other hand addiction is a disease
that means we can’t stop using even when our condition causes harm.

Commonly Abused Drugs;

The chemicals found in both legal and illegal drugs that can change how our body and mind
work. Substance abuse some time give us a pleasurable “high”, ease our stress, or help us to
avoid problems in our life. Commonly used abused drugs are;
35
YK Sabarwal, former chief justices of India 2006
36
https://www.webmd.com/mental-health/addiction/substance-abuse#1

26
  ALCOHOL

Alcohol affects everyone differently. If we drink too much and too often, the chance of
injury or accident become frequently. Heavy drinking also cause liver and other
problems related to health or lead to a more serious alcohol disorder. The ratio of heavy
drinking differ form man to women. For a man more than four drinks on any day or more
than 14 in a week and for women, more than three drinks in one day or more than seven
drinks a week consider being heavy drinking.

One drink is:

1. 12 ounces of regular beer

2. 8-9 ounces of malt liquor, which contains more alcohol than beer

3. 5 ounces of wine

4. 11/2 ounces of distilled spirits like vodka and whiskey.

 Prescription and over-the-counter (OTC) Medicine;

Theses medicine is as dangerous as illegal drugs. This form can be:

1. Take medicine prescribed for someone else

2. Take extra doses or use a drug other than the way it’s was prescribed

3. Take the drug for a non-medical reason

The types of prescription drugs which are more abused are; Opioid pain relievers, Medicine used
to treat attention of deficit hyperactivity disorder, Anxiety medicine. Other then this the most
commonly abused OTC drugs are cough and cold medicine that have dextromethorphan, which
in high doses can make us feel drunk or intoxicated.

 HEROIN;

27
 The use of heroin is prohibited is illegal and the natural version of manmade prescription
opiod narcotics. After the use of heroin person get a rush of good feelings at first. But
when it was off, everything becomes slowdown. The person move and think slowly, and
get a feeling of chills, nausea, and nervousness. The person may feel a strong need to take
more heroin to feel better.

 COCAINE;

Cocaine is also illegal drug. This drug speeds up a person whole body. When person use
cocaine, may talk, move, or think very fast. It also makes feel happy and full energy. But
when person mood may shift to anger and may feel like someone is out to get you. It can
also cause you to do things that don’t make sense. The cocaine for a long time will lead
to strong cravings for the drug.

 MARIJUANA;

A growing number of states have legalized the medical uses of marijuana. The states also
allowed the cultivation of marijuana plants for medical use only. But in most states, its
still illegal. By the use of these abusing drugs a person may feel silly and laugh for no
reason. Or may feel sleepy and forget things that just happened. Driving while high on
marijuana is just as dangerous as drunk driving and heavy use of marijuana can leave
some people “burned out” and not think or care about much.

 Cigarettes and Other Tobacco Products;

Usually people may not think of these as drugs. But tobacco has chemical called nicotine
that gives a person little rush of pleasure and energy. The effect can wear off fast and
leave a person to have a more need. The person can abuse and get addicted to nicotine in
cigarettes, just like other drugs.

This issue of Substance Abuse is complex and all- around both health measures and efforts to
control trafficking/smuggling and manufacturing of illicit drug. It is necessary to reduce the

28
demand of drugs in both legal and illegal method. According to estimates made by Ministry of
Health and Family Welfare (MOH & FW), at least 40 million people thought-out the world
regularly abuse drugs. In India the ratio was also same, the problem is increasing and it is
estimated that 3 million people are alcohol and other drug abusers of which 5-6 lakhs are
dependent, requiring medical treatment and rehabilitation.

EXTENT OF SUBSTANCE ABUSE IN INDIA;

In the National Survey on “The Extent and Trends of Drug Abuse in India”, conducted by Ray R
(2004)37 major findings were that alcohol, cannabis, opium and heroin were major drugs of
abuse, the number of person requiring treatment every year was large, substance abuse was seen
in both rural and urban areas of India and Injection Drug use had been reported from various
sites, including rural India. The duration of drug abuse was long with significant time gap
between onsets of drug use treatment seeking. It was also seen that the larger number of drug
users engaged in unsafe sex practices. Consistency between seeking and the extent of the
problem in a given state was lacking with low no practices in treatment. At today scenario India
is the biggest supplier of licit demand for opium required primarily for medicinal purpose.
Beside this, India is located close to the major poppy growing area of the world, with “Golden
Crescent” on the northwest and “golden triangle” on the North-East. These make India
vulnerable to drug abuse particularly in poppy growing areas the transit/trafficking routes.38

LEGISLATIVE POLICY OF INDIAN PARLIAMENT ON SUBSTANCE ABUSE;

The approach of legislative body towards Narcotic Drugs and Psychotropic Substance is
manifest in Article 47 of the Constitution Of India which mandates that the “state shall
endeavors to bring about prohibition of the consumption except for medical purpose of
intoxicating drinks and of drugs which are injurious to health”. The administrate control over
narcotic drugs was exercised in India through a number of central and state policy. The chapter
1of the NDPS Act defines the major substance abuse elements in there subsection i.e.
37
www.unodc.org/India/Indianationalsurvey2004.html, accessend on june 13,2012.
38
https://www.researchgate.net/publication/259937757

29
  Section 2 (2) defines “Narcotic drug” which includes coca leaf, cannabis (hemp), opium,
poppy straw and includes all manufactured goods.

 Section 2 (3) defines “Psychotropic substance” said that as any substance, natural or
synthetic, or any natural material or any salt or preparation of such substance or material
include in the list of psychotropic substances (n=110).

The section 2 (3) also specific the elements like Cannabis (hemp) which include in there sub
section the definition of substance like chara, ganj, or the any mixture as;

 Section 2 (3) (a), define “Chara” as 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.

 Section 2 (3) (b), define Ganja, as it is, the flowering or fruiting tops of the cannabis plant
(excluding the seeds and a leaves when not accompanied by the tops), by whatever name
they may be known or designated.

 Section 2 (3) (c), tell about any mixture which means that with or without any neutral
material, of any of the above forms of cannabis or any drink there form.

 Section (2) (4) tells that “Cannabis plant” are those plants which include any genus of
Cannabis in their roots.

Section 2 (5) give specific definition about the coca derivative there sub section as;

 Section 2 (5) (a) define Crude Cocaine means any extract of coca leaf which can be used
directly or indirectly in the process of manufacturing of cocaine

 Section 2 (5) (b) states that, Ecgonine and all the derivates of Ecogonine from which it
can be recovered.

 Section 2 (5) (c) Cocaine, contains methyl ester of benzol-ecogine and its salt and all
preparation containing more than 0.1 per cent. of cocaine;

Section 2(6) talks about “coca leaf” which means that;

30
  The leaf of the coca plant except of a leaf from which all ecgonine, cocaine and any
other ecgonine alkaloids have been removed

 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;

Other then this “Coca plant” means that plant of any species of the genus Erythroxylon; 2[(viia)
“commercial quantity” , in relation to narcotic drugs and Psychotropic substance, means any
quantity greater than the quantity specified by the Central Government by notification in the
Official Gazette.

Section 9 of the NDPS Act talks about how the drugs get Manufactured Drug means-

 All coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate.

 Any othe narcotic substance or preparation which the Central Government may, having
regard to the available information as to its nature or to a decision, if any, under any
International Convention, by notification in the Official Gazette, declare to be a
manufactured drug; but does not include ant narcotic substance or preparation which the
Central Government may, having regard to the available information as to its nature or to
a decision, if any, under any International Convention, by notification in the Official
Gazette, declare not to be a manufactured drug.

Section 2 (15) of the Act give brief about “Opium” which means that;

 The Coagulated juice of the opium poppy, and

 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.

Section 2(16) of the Act talks about “Opium Derivates”39 means-

 Medicinal opium, that is, opium which has undergone the processes necessary to adapt it
for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or

39
Ajaib Singh v. state of Punjab 2000 Cr.L.J. 2270 (S.C).

31
 any other pharmacopoeia or any other Pharmacopoeia notified in this behalf by the
Central Governments, whether in powder form or granulated or otherwise or mixed with
neutral materials.

 Prepared opium, that is, any product of opium 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.

 Phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts;

 Diacetylmorphine, that is, the alkaloid also known as dia-morphine or heroin and its, and

 All preparations containing more than 0.2 per cent. Of morphine or containing any
Diacetylmorphine.

Section 2 (17) define “Opium poppy” which means-

 The plant of the species Papaver somniferum L.; and

 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 Gazetteer, declare to be opium poppy for the purposes of this Act.

The some more important definition present in section 2 of NDPS Act is;

 Poppy Straw – given in section 2 (18) states that, 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 thereform.

 Poppy straw concentrate- given under section 2(19) means the material arising when
poppy straw has entered into a process for the concentration of its alkaloids.

 Preparation- define under section 2 ( 20) states that in relation to a narcotic drug or
psychotropic substance, means any one or more such drugs or substances in dosage from
or any solution or mixture, in whatever physical state, containing one or more such drugs
or substances.

32
  Production- define under section 2(22) means that the separation of opium, poppy straw,
coca leaves or cannabis from the plant from which they are obtained.

 Psychotropic substance- define under section 2(23) means any substance, natural or
synthetic, or any natural material or any salt or preparation of such substance or material
included in the list of Psychotropic substance specified in the schedule; 5 [(xxiiia) “small
quantity”’ in relation to narcotic drugs and psychotropic substances, means any quantity
lesser than the quantity specified by the Central Government by notification in the
Official Gazette].

QUANTITY AND PUNSHIMENTS OF SUBSTANCE ABUSE UNDER NDPS ACT, 1985

Chapter IV, (section 15 to 40) sets out the penalties for offences under the Act. Theses offences
are essentially related to violations of various prohibitions imposed under the Act on the
cultivation, production, manufacture, distribution, sale, import and export etc. of narcotic drugs
and psychotropic substances. All these offences are triable by special courts and the punishments
prescribed rang from imprisonment from 10 to 20 years for first offences to 15 to 30 years for
any subsequent offences together with monitory fines. The Act was amended in May 1989 to
mandate the death penalty for second offences relating to contraventions involving more than
certain quantities of specified narcotic drugs and psychotropic substances.

The Act, however, makes a distinction between possession for personal consumption and
trafficking, the punishment for the former being limited to between six months and one year’s
only the application of this provision is subject to the qualification that the quantity of the drug
involved in the offence should be a small quantity by the Central Government.

Punishment for cultivation of any Cannabis plant and also for Coca plant and leaves is rigorous
imprisonment up to ten years and also fine up to 1,00,000 rupees. Punishment for consumption
of any narcotic drug or any psychotropic substance like cocaine, morphine, diacetylmorphine or
any narcotic other narcotic drug or any psychotropic substance specified by central Government
by Gazette Notification is rigorous imprisonment for a term up to one year or fine up to 20,000
rupees or both. Punishment for consumption of any narcotic drug or psychotropic substance
other than mentioned is rigorous imprisonment for a term up to six months or fine up to 10,00
rupees or both. For second and each subsequent offence, punishment is rigorous imprisonment

33
for a term, which may extend to one half of the maximum term of imprisonment and also fine up
to one half of the maximum amount of fine.

By seeing the entire ratio and the elements of substance abuse, we came to know that the
substance abuse is very harmful for human being as well as for the land cultivation. But the ratio
is increasing day by day means that the growth of substance abuse is increasing rapidly rather it
should be decreasing. For tackling harmful or dangerous substance abuse India signed three
United Nations conventions, namely:

 Convention on Narcotic Drugs, 196140;

 Convention on Psychotropic substances, 197141, and

 Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substance, 198842.

These conventions create major boost in law which governing on the prohibition of substance
abuse.

CHAPTER 4

CONVENTIONS ON DRUGS AND ALCOHOL

There are three important conventions which were signed by India and those three United
Nations conventions, namely:

 Convention on Narcotic Drugs, 196143;

40
Held at New York, 30 march 1961
41
Signed in Vienna, Austria on 21st feb 1961
42
Held on November 11, 1990
43
Held at New York, 30 march 1961

34
  Convention on Psychotropic substances, 197144, and

 Convention on Illicit Traffic in Narcotic Drugs and Psychotropic Substance, 198845.

The purpose of these conservations is to establish internationally applicable control measures

with the aim of ensuring that psychoactive substances are available for medical and scientific
purpose, while also include general provision on the trafficking and use of psychoactive
substances.

HISTORICAL CONTEXT THAT LED TO CONENTIONS;

To understand how the drug-related conventions came about, firstly we need to refer to the
historical and political context at the time they were adopted and the international events that
preceded them. The proposal to create an international legal framework governing psychoactive
substance was an initiative of the United States that dates back to the start of the 20 th century and
has gone through several stages since then.

In February 1909, in the midst of developing worry about opium use in China, twelve nations
met in Shangahi and set up the International Opium Commission to talk about the potential
outcomes for forcing global controls on the Opium exchange out of the blue. The agents settled-
however without submitting themselves- to put a conclusion to act of smoking opium, confine its
utilization to therapeutic purposes, and control its unsafe results. No endeavor was set aside a
few minutes to apply criminal law in such manner.

This was the foundation to the main International Opium Convention 46. This and other later
settlements consulted by the League of Nations 47 were standardizing as opposed to restrictive in
nature and their goal was to check the overabundances of unregulated arrangements of organized
commerce. This implied they forced limitations on fares yet did not make it compulsory to
pronounces sedate utilize or development illicit, not to mention make these exercise a criminal

44
Signed in Vienna, Austria on 21st feb 1961
45
Held on November 11, 1990
46
Held at Hague, 1912
47
Antecedents to the United Nation, 1919-1946

35
offense. Hence, the arrangements they set up for sedatives, cocaine and cannabis did not include
criminalizing either the substances themselves or their clients or makers of their crude materials.

This was the motivation behind why the most “prohibitionist” nations at the time, the United
States and China, pulled back from the arrangements that prompted the 1925 International
Opium Convention, since they viewed its measures as deficiently prohibitive. On that event, the
United States was intending to anchor not simply the forbiddance of Medication, but rather a
restriction on the generation and non-therapeutic utilization of liquor, endeavoring to replicate on
a worldwide scale its liquor preclusion administration that stayed in power from 1920 to 1933.

This endeavor was ruined on the grounds that the United States did not have help of the
European pioneer powers48 whose abroad regions appreciated a gainful restraining infrastructure
on medication (opium, morphine, heroin and cocaine) bound for the pharmaceutical market in
Europe and the US.

Rising up out of the Second World War as the overwhelming political, monetary and military
power, the United States was then in a situation to manufacture another medication control
administration49 and apply the important strain to force it on different nations in the setting of the
United Nations. The political atmosphere empowered the globalization of prohibitionist hostile
to medicate standards.

THE MAIN OBJECTIVES OF THE 1961 SINGLE CONVENTION ON

NARCOTIC DRUGS;

Having a single Convention was indeed an activity of the United States, a nation
resolved to force a hard line on medications on whatever is left of the world. The
reason for the 1961 United Nations Single Convention on Narcotic Drugs was to
supplant the past worldwide understandings that had been comes to since the
International Opium Convention in a not extremely methodical way. It
incorporates new arrangements that did not show up in the past bargains, and in
this way makes bound together, all inclusive arrangements of medication control.
48
Power hold by the countries; France, Great Britain, Portugal and the Netherlands.
49
The lake success protocol of 1946

36
This framework is unmistakably narrow minded and prohibitionist concerning the
generation and supply of opiate drugs, with the exception of their creation and
supply for restorative and logical purposes.

The 1961 Single Convention extended existing control measures to cover the development of
plants from which opiates are determined. These arrangements put a particularly substantial
weight on the conventional maker nations in Asia, Latin America and Africa where the
development and boundless customary utilization of opium poppy, coca leaf and cannabis were
accumulated at the time. The Single Convention set the objective of abrogating customary
employments of opium inside 15 years, and customary employments of coca and cannabis inside
25 years. Given that the Convention went into power in December 1964, the 15-year time frame
for progressively dispensing with opium utilize arrived at an end in 1979, while the 25-year due
date for coca and cannabis lapsed in 1989. Customary works on including religious utilize and
the across the board "semi therapeutic" utilization of the three plants must be nullified.

The Single Convention made four records or Schedules50 of controlled substances

and set up a procedure for incorporating new substances in the Schedules without
the need to adjust the content of the arrangement's articles. The Convention's four
Schedules contain in excess of one hundred substances, which are grouped by the
distinctive degrees of control to which they should be subjected.

THE STATUS OF COCA LEAF, OPIUM POPPY AND CANNABIS IN THE

1961 CONVENTION;

Some of the most controversial classifications in the Schedules are the inclusion of coca leaf in
Schedule I and cannabis in Schedules I and IV 51. Schedule I contains the substances considered
the most addictive and harmful. Schedule IV contains a small number of substances with

50
Schedules of the Single Convention on Narcotic Drug of 1961 as amended by the 1972 protocol, as at 25
September 2013.
51
Schedules of the single Convention on Narcotic Drugs of 1961 as amended by the 1972 Protocol, as at 25
September 2013

37
“particularly dangerous properties” and with little or no therapeutic usefulness. With regard to
schedule IV narcotics in particular, Article 2, 5 (b) of the Convention says that “A Party shall, if
in its opinion the prevailing conditions in its country render it the most appropriate means of
protecting the public health and welfare, prohibit the production, manufacture, export and import
of, trade in, possession or use of any such drug except for the amounts which may be necessary
for medical and scientific research only…”.

It is important to highlight that, according to the convention; the three plants also have licit
purposes (medicinal, but also horticultural and industrial purposes) under certain conditions 52,
which clarify these conditions. Article 23 also requires countries to set up a “government
agency” to take charge of controlling the licit cultivation of Opium poppy for medicines, and
Article 26 and 28 say that the same system of controls should also be applied to licit coca and
cannabis cultivation. As for the coca leaf, Article 26 also says that “The Parties shall so far as
possible enforce the uprooting of all coca bushes which grow wild. They shall destroy the coca
bushes if illegally cultivated”. Further information on how exactly the convention deals with
these three substances can be found in the same article 21 bis to 28.

The way that extraordinary arrangements on the cannabis plant, the opium poppy and the coca
shrubbery are incorporated into the content of the bargain makes it harder to ease controls by just
renaming them in the Schedules by methods for the standard procedure, as depicted in Article 3
of the Convention. A nation or the World Health Organization (WHO) can propose to survey a
substance to consider its expulsion from the Schedules or move it to another when they have data
defending such a rescheduling. On account of cannabis, opium poppy and coca, an expulsion
from the Schedules would not quickly end all worldwide control and an alteration to the content
of the arrangement might be required too.

THE MAIN OBJECTIVE OF THE 1971 CONVENTION ON

PSYCHOTROPIC SUBSATNCE;

52
Given under articles 21 bis to 28

38
The idea of negotiating this new treaty was to respond to the diversification of drug use, with the
objective of controlling a whole new range of psychoactive substances 53 such as amphertamines,
barbiturates, benzodiapines and psychedelic drugs, which were likewise classified in four
Schedules.

Amid the arrangements on the 1971 Convention on Psychotropic Substances, it ended up clear
that weight was being applied by the expansive pharmaceutical industry in Europe and the
United States, which expected that its items would be brought under indistinguishable strict
controls from those built up by the Single Convention. The requirement for another bargain was
contended based on a (deductively faulty) qualification between the 'opiates' controlled by the
1961 Convention and the purported 'psychotropic substances', an imagined idea without a
reasonable definition. As indicated by a worker of the UN Division of Narcotic Drugs and
secretary of the Technical Committee of the Plenipotentiary Conference at the time: "The most
critical assembling and sending out nations had a go at everything to limit the extent of control to
the base and debilitate the control measures so that they ought not block the free worldwide
exchange… ." Compared to the strict controls that the Single Convention's Schedules forced on
medications got from plants, the 1971 bargain set up a less unbending control structure, with the
exception of Schedule I.

Timetable I incorporates substances said to represent a genuine hazard to general wellbeing,

which are not as of now perceived by the Commission on Narcotic Drugs (CND) as having any
remedial esteem. These incorporate engineered hallucinogenics, for example, LSD and MDMA,
normally known as Ecstasy. Timetable II incorporates amphetamine-type stimulants considered
to have constrained remedial esteem, and also a few analgesics and dronabinol* or
tetrahydrocannabinol (THC), an essential fixing in cannabis. Timetable III incorporates
barbiturate items with quick or normal impacts, which have been the question of genuine
maltreatment in spite of being remedially valuable, and additionally flunitrazepam and a few
analgesics, for example, buprenorphine. Timetable IV incorporates some weaker barbiturates, for
example, phenobarbital, different hypnotics, sleep inducing anxiolytics, benzodiazepines and
some weaker stimulants.

53
Grows as a fashion in 1960s

39
THE MAIN OBJECTIVE OF THE 1988 CONVENTION;

The 1988 Convention befell inside the framework of the political, historic and sociological
context of the Seventies and Eighties, main to the adoption of extra repressive measures. The
boom in demand for cannabis, cocaine and heroin for non-scientific functions in particular in the
developed global gave rise to massive-scale illicit production inside the countries in which these
flowers had traditionally been grown, if you want to supply the marketplace. International drug
trafficking quickly became a multi-billion-dollar enterprise managed with the aid of criminal
groups. This fast growth of the illicit drug change became the justification for intensifying a
battle that quickly has become an all-out battle on drugs. In America, which changed into the
fastest-developing marketplace for managed substances, the political reaction was to claim war
at the deliver from abroad rather than analyzing and addressing the reasons of the burgeoning
call for at domestic.

The term “war on drugs”54 becomes coined in 1971 by using President Richard Nixon, making
pills (together with their use) “public enemy number one” 55for the United States. The first target
on this battle becomes Mexico, a country that had furnished the Sixties counter-cultural
revolution with large portions of illegally-produced hashish and with the aid of 1974 had also
become the main source of heroin for the USA marketplace. But the primary navy
counternarcotic operations56 in this war came about within the Andes, with the deployment of US
military unique forces to offer education on the way to wreck coca crops, cocaine laboratories
and drug trafficking networks. The weakening of the fight towards international communism and
the quit of the bloodless warfare within the late Nineteen Eighties freed up huge quantities of
military property that have been then re-assigned to the struggle on pills.

In the United States midway via the 1980s the crack epidemic took off; obligatory minimal
sentences had been brought and mass incarceration started – particularly of young black men. It
become right now, below vast pressure from america for the relaxation of the arena to enroll in it

54
The war on drugs is a camping, led by the U.S. Federal government, of drug prohibition, military aid and military
intervention.
55
Widely used in the United States in the 1930s
56
www.dtic.mil

40
within the war on tablets, that the United Nations convened every other convention to barter
what could become the Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances, 198857. The treaty obliged international locations to impose crook sanctions to
combat all elements of illicit drug manufacturing, ownership and trafficking. It installed special
measures against the illicit cultivation, production, possession and trafficking of psychoactive
materials and the diversion of precursor chemical compounds, as well as an settlement on mutual
prison help, such as extradition. Annexed to the 1988 Convention are two tables listing precursor
chemicals, reagents and solvents that are regularly used inside the illicit manufacture of narcotic
pills and psychotropic substances.

THE EFFECTS OF THESE CONVENTIONS ON CRIMINALISE

SUBSTANCE ABUSE AND POSSESSION OF PERSONAL USE;

There isn't any particular obligation within the conventions to make drug use per se a criminal
offence. Thus, drug use isn't referred to a few of the 'penal provisions' inside the Single
Convention (Article 36), or inside the 1971 Convention (Article 22), or in Article 3 (Offences
and Sanctions) of the 1988 Convention. This is related, firstly, to the truth that the treaties do not
require countries to 'limit' any of the classified substances in themselves. The treaties handiest
establish a device of strict legal manager of the production and delivery of all the managed drugs
for medical and clinical purposes, as well as introducing sanctions geared toward fighting the
illicit manufacturing and distribution of these equal materials for different functions.

The 1961 Convention handiest requires that the usage of the medicine in Schedule IV (the
maximum restrictive in this treaty) be prohibited if the Party should decide that “the prevailing
situations in its U. S. A.” suggest that this is “the maximum suitable way of shielding the general
public health and welfare”58 (Article 2 & 5 b). The 1971 Convention uses greater sturdy phrases

57
6 October 2014
58
Mention under article 2 & 5b of Convention on Narcotic Drugs, 196.
41
than its predecessor, by using prohibiting any use of the managed substances in Schedule I59 (the
most restrictive on this treaty) besides for medical functions and “very limited medical
purposes60” (Articles 5 and 7), without mentioning whether this depends on its being “the
maximum suitable method” to shield public fitness.

Drug use became deliberately unnoticed from the articles list the drug-associated acts that ought
to be declared a crook offence. There isn't any doubt, then, that the UN conventions do not oblige
international locations to impose any penalty (crook or administrative) for drug use as such. This
is explicitly said inside the Commentary to the 1988 Convention regarding Article 3 of the
Convention on “Offences and Sanctions”: “It could be stated that, as with the 1961 and 1971
Conventions, paragraph 2 does no longer require drug consumption as such to be hooked up as a
punishable offence”. The 1988 Convention does stipulate that a member kingdom need to take
into account ownership for non-public use as against the law however, however, this provision is
“issue to its constitutional principles and the fundamental concepts of its felony machine”61.

The conventions are extra restrictive with regard to ownership, acquisition, or growing for
personal use. Article 33 of the 1961 Single Convention says that “The Parties shall no longer
permit the ownership of medicine besides under legal authority” (and, in such accredited
instances, totally for scientific and medical functions) while Article 36, paragraph 1, obliges the
Parties to claim possession a punishable offence. With regard to the obligation to criminalize
possession, it is essential to factor out that a distinction is made among ownership for private use
and ownership for trafficking. The Convention’s emphasis on tackling trafficking can be
understood to indicate that nations are not obliged by way of distinctive feature of Article 36 of
the 1961 Convention to claim easy possession a crime. This opinion is subsidized up by way of
the history of the wording of Article 36, which was in the beginning entitled “Measures against
illicit traffickers”. A similar state of affairs applies in the 1971 Convention, which takes its cue
from the previous treaty.

In many nations, non-public use isn't always in itself a crime. There are increasingly countries
wherein the possession of a positive amount of medication for private use is decriminalized 62, no

59
The schedules of the convention on Psychotropic Substances of 1971.
60
Mention under article 5 and 7b of Convention On Psychotropic Substance of 1971
61
The report of the developments of international Drug control
62
Chapter 3 of the Rise and Decline of Cannabis Prohibition.

42
longer a priority for the police, or challenge to reduced sentences. These adjustments to the
regulation or its enforcement in practice have had a direct wonderful effect at the prison gadget
in some nations, supporting to relieve the trouble of overcrowding in prisons.

THE OBSTACLE ON THE PROGRESS OF CONVENTIONS ON

SUBSTANCES ABUSE;

The conventions set out a 'one size fits all' 63 association with a inflexible prohibitionist method to
drugs that every U. S. A. In the world is expected to adopt. Some components of the UN treaties
at the moment are previous, no longer ‘fit for purpose’ to address new challenges and do now not
reflect the fact of nowadays multicultural and multiethnic world. Legal tensions among
countrywide policy practices and the treaty framework are at the upward thrust, in particular in
the region of hashish regulation. This is why there may be a need for a modernization of the
treaty system that takes this new context into consideration and ensures that policy reforms can
cross in advance, guided by way of evidence and human rights ideas but unhindered by way of
criminal constraints coming from old drug control treaties.

Although many government officials admit in private that the conventions are inconsistent and
outdated, they hesitate to do so publicly due to the ability political costs that open dissent could
mean for their international locations. Thus, debate at the conventions has end up a taboo issue.
As maximum countries take their global law obligations severely, consisting of those derived
from the drug manage treaty regime, the conventions do represent an impediment for alternative
pills guidelines that fall outside of the conventions’ restricted flexibility and room for
manoeuvre.

For instance, while the Jamaican Minister of Justice 64 defined the choice to decriminalize the
ownership of up to two oz of hashish and to permit the use of hashish for scientific and spiritual
purposes, he underscored that “Jamaica is a small independent us of a that believes in the rule of
law. Given our size and limited sources, our countrywide protection and territorial integrity
depend on upholding the rule of law in the global sphere, and we've continually reputable and
63
Designed in USA to fit a person of any size
64
Government of Jamaica- cabinet office

43
complied with our international obligations, just as we count on others to do the same. Therefore,
in considering any change to the regulation relating to ganja, it's miles important that regard
should be had to obligations under the relevant international agreements to which Jamaica is
signatory. These agreements region sure obstacles at the adjustments that may be made to our
domestic regulation without violating our worldwide duties.

CHAPTER 5

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT, 1985

Narcotic Drugs and Psychotropic Substance Act also commonly termed as the NDPS Act, made
with the purpose to control drugs of abuse and prohibit its use, dissipation, distribution,
manufacturing, and trade of Substance abuse. Narcotic drugs are those which induce sleep while
psychotropic substances have ability to alter the mind of an individual. NDPS Acts came into
existence on 14 November 1985 by Parliament of India. Although, as these kinds of drugs have
their importance in the practice of medicine. Thus, the act also has provisions for the cultivation
of cannabis, poppy, or coca plants and manufacture of any psychotropic substances dealing with
the medicinal practices. Main agenda of the act is to have a control on manufacture, possession,
sale and transport of such narcotic and psychotropic substances. The act bans around 200
psychotropic substances resultant upon these drugs are not available over the counter for any
walk in individual. These drugs are on sale only when prescription for the same is available.
Violation of this law may result into punishment including rigorous imprisonment or fine or
both. The degree of punishment is dependent upon the harshness of the case being dealt with. If
the drugs are used for personal use then the punishment may be lesser. Although since the
establishment of the law, it has been amended time and again. But due to the availability of

44
synthetic drugs and issues relating to street drugs and designer drugs, the problem in dealing with
new drugs having nature of substances of abuse is difficult task. Besides NDPS also lacks in
differentiating among users, drug peddler and hard core criminals in this drug trade. The present
study is an overview on the NDPS act and its competency.

EVOLUTION OF NDPS ACT, 1987;

India also known as land of Shiva, has inherited cultural routes with most mysterious and
eccentric ways of worshiping lords. One of these is using bhang a form of cannabis for
celebrating religious festival named as Shivatri. “Soma” is a Sanskrit word which also means
intoxicating, a property induced by narcotic drugs, which have been used as “soma ras” since
centuries described in many literatures too. Apart from cannabis, opium is also offered at akha
teej, a ceremony, which is celebrated to strengthen family bonding65. Unlike western countries
India has a cultural connection of adapting certain natural forms of narcotic substances for
celebrating some religious festivals. Thus, this cultural connection of adapting certain natural
forms of narcotic substances for celebrating some religious festivals. Thus, this cultural
difference is an important aspect to be considered while framing and forcing any drugs laws in
India.

On the other hand we cannot overlook the menace of substances of abuse, which is on a rise in
our country. We have a large number of drug addicts in the society. Substance abuse brings a lot
problems related to, health like mortality, and psychiatric disorders as well as economic issues
like finances spent on developing services, drain66 on national resources, and loss of productivity.
It also leads to a number of social problems which can be defined under family disintegration
that can also lead to criminal activities. The war on drugs has resulted in more sensitive issues
than in any other phenomenon in our history. It may be the cause of crimes ranging from White
Collar crimes to blue Collar Crimes. In the era of terrorist activities it is a very important area
which should be taken into consideration while framing and amending laws related to drugs.

65
Molly Charles, Dave Bewley-Taylor, Amanda Neidpath (2005) drug policy of India.
66
Anil malhotra, Ashwin mohan (2000) National policies to meet the challenge of substance abuse: programmers’
and implementation.

45
Effective laws are necessity to fight the nuisance associated with drugs. In a period of less than a
year around 14,564 people got arrested under the NDPS Act in Punjab with almost one third
prisoners were arrested in criminal cases related to drugs 67. To compensate with the situation
government came up with special drives aiming at discouraging drug abuse. India is one of the
members of three United Nations drug conventions 1961 single convention on Narcotic Drugs,
1971 convention on Psychotropic Substances and 1988 Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic. These treaties came in effect in 1980s after a lot of debate on
abolishing non-medical use of opium and cannabis.

DRUG POLICIES IN INDIA;

Among the developing countries India was one of the first countries which devised National
Drug Policy (NDP) to make drugs available to poor ones despite the leading brands of
pharmaceuticals taking over through the prescription by medical practitioners. In 1963 Indian
government passed a drug price control order (DPCO) to keep a check on the prices of drug in
market. While DPCO did not bring much difference, since, many drug manufacturers withdrew
from the country. Production of certain drugs shifted to China from India. The reformed DPCO
came into existence in 2013. DPCO 2013 was found to be more favorable towards non-
controlled products as no new investments were carried out. Drugs included in National List of
Essential Medicines (NLEM) were only being regulated as per the provisions of DPCO 2013.
During the British rule Chinese became successful in breaking off the India-China opium trade
with the help of Britishers. After various international conventions banning substance of abuse
all over the world, India adopted NDPS in 1985. Although after 3 years of implementation of
NDPS act the need to bring one more act on prevention of illicit trafficking in narcotic drugs and
psychotropic substances, 1988 was felt and it was brought under the light of Indian law makers68.

67
Sukhdev Singh Vs. State of Haryana [Criminal Appeal No. 2118 of 2008]
68
Convention against the Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988, United Nations Offices
on Drugs and crime (UNODC) (2009).

46
The evolution of drug and alcohol controls laws can be traced back from the Opium Act of
185769 and the Dangerous drugs act of 1930. These penal were made to regulate and monitor the
use of some specific drugs with limited scope. They were not based on any well-defined
principles and did not contain any overarching provision to grapple with the problem of drug
abuse in holistic manner. The acts moreover not provided for meager punishments for their
offence, there were only a three years imprisonment for first time doing the offence and four
years for repeating the offences. After Second World War, countries began working collectively
on enacting human rights instrument that were designed to allow individuals to live with dignity
and respect. It was clearly mention under article 25 of the Universal Declaration of Human
Rights70 and article 12 of International covenant on economic, social and cultural rights which
seek to promote the highest attainable standards of physical and mental health. With the change
in time the enforcement of this law become failure. Against this backdrop several new
convention were held such as the Single Convention on Narcotic Drugs, 1961 and the other
important Convention on Psychotropic Substances, 1971. The main motives of these
international conventions were to grape with problem of drugs abuse.

In view of rising international standards and various conventions, India feels the need to
incorporate these principles into a substantive legislation which could function holistically in the
domestic sphere. Or to make a penal that control the rising of substance abuse with matching the
par of international standards and to effectuate the goals of these treaties, the National Drugs and
Psychotropic Substances Act, 1985 was legislate by the legislative bodies of India. Basically the
act was based on two kinds of offence; trafficking of prohibited substance (cultivation,
manufacture, distribution) and sale, as well as their consumption. The enactment of this act was
done by President Giani Zail Singh in 1985.

After this one more Act were passed to support and make the narcotics law strong in the country,
which known to be “The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic
substances Act, 1988”. The passed on September 1988 to provide the detention in certain cases
for matters connected therewith. Whereas the act having substance poses to serious threat to
health and welfare of the people and the activities of person engaged in such type of illicit traffic
have a deleterious effect on the national economy.
69
Act that consolidate and amend the law relating to cultivation of the poppy and the manufacture of opium.
70
Held at Paris on 10th December 1948

47
The important reason beside the implementation of these laws to make Narcotics law strong that
it can help to reduces the use of intoxicating substance which hampers the health and lifestyle of
the people. The various conventions which were held on the substance abuse or drugs and
alcohol abuse have witness the year by year rise of drugs in people day to day life. The
developing states of your country were seen the highest ratio on drugs uses. The enforcement of
these laws make easily to our administration system to get control over it and bang the abuse
substances. Beside this the law which governs sale and consumption of alcohol varies from states
to sates, which clearly means that states have its own policies regarding the sealing and the
amount of consumption of drugs and alcohol.

ENACTMENT OF NDPS ACT;

Initially main cause of narcotic addiction was use of opium and morphine for medical
preparation during civil war. During these wars veterans became addicted to these drugs and
thus, it was also termed as soldier’s disease71. Although production of hemp (marijuana) had
been effectively banned in 1937, while during World War II, some governments all of a sudden
discovered they needed sit for basics such as rope and other cordage purposes72. As far as Indian
scenario is concerned use of cannabis documented dates back to vedic period. Atharvaved
documents the cannabis used for which was a few hundred years ago73. In India until 1985
Cannabis and its derivatives (bhang, charas and ganja) were legally sold and were commonly
used for recreational purposes.

India opposed the Single Convention on Narcotic Drugs (1961) which was proposed by United
States under law against all drugs. Thus the convention came to a favorable decision giving India
a ‘Grace period” of 25 years to make cannabis available for scientific and medical purpose and
not for any other reason. Since it was a politically sensitive issue and India became obligated to
the international delegations. This compelled Indian government to eliminate ethnically deep-
71
James Grey (2012) why our drug laws have failed: A judicial indictment of war on drugs. Temp university press,
USA.
72
The history of the drug laws.
73
Ram Manohar (2004) Smoking and Ayurvedic Medicine in India.

48
seated use of cannabis. Consequently on 14 November 1985, NDPS Act was enacted, banning all
narcotic drugs in India without much resistance. The only provision for non-medical cultural use
within the 1985 Act was that drinks made from cannabis leaves were to be sanctioned Britto
1989. NDPS Act mainly prohibits cultivation, manufacture, possession, sale, transport etc, of
these drugs and substances except for medical and scientific purposes as provided in the act 74.
Drugs covered under this act include Cannabis, coca, opium or any other narcotic substances.
Main aims for enforcing this law were to control the manufacturing and distribution of drugs, to
keep a check on quality of drugs, to mandate display of ingredients of drugs and to prevent
substances abuse in society.

Therefore NDPS act is an act to consolidate and amend the law relating to narcotic drug, to:

 Make stringent provision for the control and regulation of operations relating to narcotic
drugs and psychotropic substances.

 Provide for the forfeiture of property derived from, or use din, illicit traffic in narcotic
drugs and psychotropic substances.

 Implement the provision of the International Convention on Narcotic Drugs and

Psychotropic Substances and for matters connected therewith.

The idea for approach towards Narcotic Drugs and Psychotropic Substances is enshrined in
Article 47 of the constitution of India which mandates that the “state shall endeavor to bring
about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of
drugs which are injurious to health”. The statutory control over narcotic drugs was exercised in
India through a number of central and state enactments. The principal Central Acts, namely, the
opium Act, 1957, the opium act, 1878 and the Dangerous Drugs Act, 1930 were enacted long
time ago. With passage of time and the developments in the field of illicit drug traffic and drug
abuse at the national and international level, many deficiencies in the laws that have come into
force under the aforesaid acts. As a result to provide a comprehensive legislation on narcotic
drugs and psychotropic substances, make provision for the implementation of international
conventions relating to narcotic drugs and psychotropic substances, the Narcotic Drugs and

74
Ck Parikh (2017) Parikh’s textbook of medical Jurisprudence, Forensic Medicine and Toxicology.(6 th edn.)

49
Psychotropic substances Bill 1985 was enacted on 14th September, 1985, and the Act is popularly
known as (NDPS ACT).75

COMPONENTS OF NDPS ACT, 1985;

The act as originally passed in 1985 was spread over six chapters comprising 83 sections. After
Being amended by the narcotic drugs and psychotropic substances (amendment act), 1988 with
Effect from 29-5-198976, the act now contains eight chapters.

Chapter I;

Section 2 of the act defines 36 terms [sub sctions (i) to (xxix), (viiia), (xxiiia), and (xxviiia)].
Some of the important definitions under this act include;

 “Addict” as a person who has dependence on any narcotic drugs or psychotropic

substances.
 “Narcotic drug” as coca leaf, cannabis (hemp), opium, poppy straw and includes all
manufactured goods.77

75
Published in the Gazette of India, Extraordinary, Pt. II, sec.1, no.75, dated 14 th September, 1985.
76
Act 2 of 1989 enforced w.e.f. 29th May, 1989.
77
Shir Fakkihussaln Fakkihasan Qureshi Vs. Shri L. Hmingliana, Secretary 1995(1)BomCR114

50
  “Psychotropic substances” as any substance, natural or synthetic, or any natural material
or any salt or preparation of such substances or material included in the list of
psychotropic substances (n=110).
 “Controlled substances” means any substances with possible use in the production or
manufacture of narcotic drugs or psychotropic substances or to the provision of any
international convention. The central Government has so far notified Acetic Anhydride,
N-Acetylanthranilic acid and Pseudoephedrine as controlled substances.78

Chapter II;

Section 4 authorizes the central government to take measures necessary to prevent and combat
drug abuse and illicit trafficking, including identicafication, treatment, education, aftercare,
rehabilition and social reintegration of addicts. Subsection 3 of section 4 also authorizes the
central government to constitute an authority or hierarchy of authorities for the purposes and
objective mentioned in details in the different subsections. Section 6 empowers the central
government to constitute an advisory committee called “The Narcotic Drugs and Psychotropic
substances Consultative committee”79 to tender advice on matters referred to it.

Chapter IIA;

This chapter was added by the 1989 amendment to constitute a fund to be called the “National
Fund for Control of Drug Abuse”80 with government and public contribution and also with the
sale of proceeds of forfeited property derived from or used in illict traffick with action predicated
on criminal conviction.

Chapter III;

The act empowers Central Government to permit and regulate by rues;

78
Thippeshappa Vs. State by Chhannagiri Police
79
Section 6 of NDPS Act, 1985
80
Inserted by Act2 of 1989, s.4 (w.e.f. 29-5-1989)

51
  The sale of opium and opium derivatives from the Central Government Factories for
export from India or sale to state Government or manufacturing chemists.
 The manufacture of manufactured drugs, not including manufacture of medical opium or
any other preparation containing manufactured drug from materials which the maker is
lawfully entitled to posses.
The state Government may by rules permit and regulate (i) the cultivation of cannabis plant,
production , manufacture, possession, transport, import inter-State, export inter-State, sale,
purchase and consumption of cannabis (Except Charas); (ii) the manufacture of Medicinal opium
or any preparation containing the manufactured drug from materials which the Maker is lawfully
entitled to process; (iii) the sale of opium and opium derivatives from the Central Government
Factories for export from India or sale to state Government or manufacturing chemistry; (iv) the
manufacture and possession, of prepared opium from opium lawfully possessed by an addict
registerd with the stae Government on medical advices for his personal consumption.

Chapter IV;

Chapter IV, (Sections 15 to 40) sets out the penalties for offences under the Act. These offences
are essentially related to violations of the various prohibitions imposed under the Act on the
Cultivation, production, manufacture, distribution, sale, import and export etc. of narcotic drugs
and psychotropic substances. All these offences are triable by Special Courts and the
Punishments prescribed range from imprisonment from 10 to 20 years for first offences to 15 to
30 years for any subsequent offences together with monitory fines.
The Act was amended in May 1989 to mandate the death penalty for second offences relating to
Contraventions involving more than certain quantities of specified narcotic drugs and
Psychotropic substances.
The Act, however, makes a distinction between possession for personal consumption and
Trafficking, the punishment for the former being limited to between six months and one year
only. The application of this provision is subject to the qualification that the quantity of the drug
involved in the offence should be a small quantity as specified by the Central Government.81

81
Substituted by Act 16 of 2014, S.6, for “six months” (w.e.f. 1-5-2014)

52
Punishment for cultivation of any cannabis plant and also for coca plant and coca leaves is
rigorous imprisonment up to ten years and also fine up to 1,00,000 rupees. Punishment for
consumption of any narcotic drug or psychotropic substance like cocaine, morphine,
diacetylmorphine or any other narcotic drug or any psychotropic substances specified by Central
Government by Gazette Notification is rigorous imprisonment for a term up to six months or fine
up to 10,000 rupees or both. For second and each subsequent offence, punishment is rigorous
imprisonment for a term, which may extend to one half of the maximum term of imprisonment
and also fine up to one half of the maximum amount of fine.

Chapter V;
Chapter V of the NDPS Act (section 41 82 to 68) sets out the powers as well as the procedure for
the investigation of offences under the Act.

Chapter VA;

A new Chapter, Chapter V-A83, was introduced into the Act in May 1989 to provide for the
Investigation, freezing, seizure and forfeiture of property derived from or acquired through illicit
trafficking in narcotic drugs and psychotropic substances. This Chapter prohibits any person
from holding any property derived from drugs trafficking and authorizes officers empowered
under the Act to investigate, identify and seize such property.

Chapter VI;

Under section 70 central and state governments should have regard to international conventions
while making rules. Section 71 of this act, empowers government to establish centers for
Identification, treatment, education, after care, rehabilitation, social reintegration of addicts and
For supply, of any narcotic drugs and psychotropic substance (as prescribed by concerned
Government) to addicts registered with government and to other where such supply is a medical
necessity.
82
Substituted by Act 9 of 2001, S.19, for Ss. 41 to 43 (w.e.f. 2-10-2001)
83
Substituted by Act 16 of 2014, S.19, for “Forfeiture of property derived from, or used in Illicit traffic” (w.e.f. 1-5-
2014).

53
POSITIVE ASPECTS OF NDPS ACT, 1985

 An interesting feature of the act is that the procedure of addition and deletion from the
lists of manufactured drugs (narcotic drugs) and psychotropic substances have been made
very simple. No formal bill or amendment is required for purpose, and the government
has been empowered to do such changes through simple notification in the official
gazette on the basis of available information or a decisicion under any international
convention (section 2.b) and 3).

 In terms of subsection 3 of section 4, the Narcotics Control Bureau was set up by the
Central Government in 1986 with the broad remit to coordinate drug law enforcement
nationally. The NCB basically functions as national coordinator international liaison and
as the nodal point for the collection and dissemination of intelligence and assures
coordinated implementation within the parameters of a broad national strategy.

 The Narcotic Drugs and Psychotropic substances Consultative committee makes

significant contributions in shaping and developing a national policy and strategy and
also in matters of amendments under section 2.b and 3 for scheduling addition or deletion
of drugs and substances for legal regulation and control. The committee also provides
valuable inputs for India’s contribution to the molding of international policy and
programs.

 A reassessment of the Act in 2001 resulted in amendments relating to the length of

imprisonment and the quantity and type of drug seized. This ensured that, where
traditional drugs are concerned, only individuals with large quantities of cannabis can be
arrested for drug trafficking and face imprisonment. Further changes in the law in 2002
created two categories that are based on quantity seized. These were defined as small
quantizes and commercial quantities.

54
  Section 31A states that any person convicted by a competent court of criminal
jurisdiction outside India under any corresponding law shall be dealt with as if he has
been convicted by a court in India. Thus international criminals are also dealt with
effectively.

 An addict convicted under section 27 may be released on probation under section 39 after
signing a bond with or without sureties, for detoxification or deaddiction from a hospital
or an institution maintained or recognized by the Government. The conviction would
stand and the sentence remains in abeyance to enable him to report back on successful
completion of deaddiction treatment within one year. The court may direct the release of
the offender after successful completion of deaddiction treatment and abstaining from the
commission of any offence under a Chapter IV for three years 84. On failure to do so, he
would have to serve the sentence.85

 The power to issue search and arrest warrants, has in terms of section 41 86 been vested
both in Magistrates as well as in specially designated (Gazetted) officers of the central
and state Governments. This is designed to ensure both timely and effective action in
response to any information and to obviate the need for judicial satisfaction each time a
warrant is required to be issued.

 Under section 64A87, any addict, who is charged with an offence punishable under section
27 or with offences involving small quantity of narcotic drugs or psychotropic
substances, who voluntarily, seeks to undergo medical treatment for de-addiction from a
hospital or an institution. Maintained or recognized by the Government or a local
authority and undergoes such treatment shall not be liable to prosecution under section 27

84
Substituted by Act 9 of 2001, S.6, for Ss. 15 to 18 (w.e.f. 2-10-2001)
85
Substituted by Act 16 of 2014, S.6, for “six months” (w.e.f. 1-5-2014)
86
Substituted by Act 9 of 2001, S.19, for Ss. 41 to 43 (w.e.f. 2-10-2001)
87
Substituted by Act 9 of 2001, S.30, for S. 64-A (w.e.f. 2-10-2001)

55
 or any other section for offences involving small quantity of narcotic drugs and
psychotropic substances. This immunity may be withdrawn if the addict does not undergo
the complete treatment for de-addiction.

 Chapter V-A, was introduced into the Act in May 1989 to provide for the investigation,
freezing, seizure and forfeiture of property derived from or acquired through illicit
trafficking in narcotic drugs and psychotropic substances.

Patients with severe pain in India are not able to get opioid medicines for pain relief because the
state NDPS Rules make it difficult for hospitals to store and dispense opioids. Hospitals have to
obtain licenses for stocking, import, export, transport etc, each license requiring concurrence
from different departments [Excise, Drugs Control, Health administration]. These licenses need
to be valid at the same time, though often the validity period of a license is as short as a month.
By the time the institution gets a second license, often the first would have expired validity. Most
institution solves this problem by not stocking these medicines at all to avoid legal. this includes
even medical colleges, and hence generations of doctors pass out, who do not have any
experience of using this medicine. The overall impact is denial of pain relief to millions of
people in India.
Joint action taken by palliative care activists in collaboration with Mr David Joranson of Pain
and Policy Studies Group (PPSG) resulted in an instruction by the department of Revenue of
Government of India to simplify states rules in 1998. Persistent work with state governments
resulted in simplification of rules in 16 states over 15 years.
Public interest litigation was filed in 2007 by The Indian Association of Palliative care 88 [IAPC]
along with Ms Poonam Bagai and Dr Ravi Ghooi89 pleading for adequate access to pain relief for
cancer patients in the country. This case is presently with the Supreme Court awaiting final
hearing.

88
The national association for Palliative care.
89
A pharmacologist who had got a favorable verdict earlier from the H.C of Delhi asking for morphine for his
mother with cancer.

56
 THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES
(AMENDMENT) BILL, 2011

During the implementation of NDPS Act, some anomalies have been noticed. Accordingly the
Narcotic Drugs and Psychotropic Substance (Amendment) Bill, 2011 aims at rectifying those
anomalies and also making certain further changes to strengthen the provision of the Act.

Salient features of the Narcotic Drugs and Psychotropic Substance (Amendment) Bill, 2011
are;

i. Defining “Central Government Factories’” [new entry in section 2]: Even through the term
“Central Government Factories” is mentioned in certain Sections of the Act, till now it has not
been defined in the Act. It is proposed to define “Central Government Factories” on the lines of
the definition of “Government Company” under the Companies Act, so as to allow the Central
Government the flexibility to restructure the Government Opium and Alkaloid Works without
diluting the control over them.

57
ii. Changing the definition of “commercial quantity” and “small quantity [section 2 (viia)
and ( xxiiia) ]: NDPS Act follow a graded system of punishment- the quantum of punishment
varies depending on whether the quantity of drug involved in a case is “small” or “commercial”
or more than “small” but less than “commercial”. It has been held by the Hon‘ble Supreme Court
that while determining whether the quantum of drug involved in a particular case is small/
commercial, etc., it is the pure drug content and not the quantity of drug seized, which has to be
taken onto account. Since the drug is almost never seized in the pure form and “small” and
“commercial” quantities have been notified for preparations also, it is proposed to empower the
government to notify quantities in respect of preparation of drugs and psychotropic substances
also.

iii. Rationalizing the punishment for consumption of morphine, cocaine and heroin [Section
27]: Presently, the consumption of these drugs involves a maximum punishment of 1 year while
Trafficking of small quantities of the same attracts maximum punishment of 6 months only. This
Anomaly is proposed to be rectified, by reducing the maximum punishment for consumption of
Drugs to 6 months.

iv. Repeat offences under the NDPS Act invite a punishment of one and one half times (1.5
times) of the punishment for the first offence. However, this provision has been erroneously
worded as “one-half” of the penalty for the first offence, instead of “one and one half times”.
This anomaly is proposed to be rectified.

v. While section 52A of the Act provides for disposal of drugs during trial after due certification
of the inventories of the same by the competent Magistrate, it does not do so for “precursors”
used in the manufacture of drugs, which are also liable for seizure under the Act or for
conveyances sized. The amendment proposes to allow for pre-trail disposal of precursors and
conveyances also.

vi. Presently, no time limit is prescribed for the investigating officer to look into the illegally
acquired properties of trafficking and report the same to the Competent Authority. Consequently
financial investigations in drug cases have been receiving low priority. It is proposed to make it
mandatory for the investigating officer to make a report of the illegally acquired properties of the
person involved in drug trafficking, to the jurisdictional competent authority within one hundred
and eighty days of the arrest or seizure. [New entry Section 57A]

vii. The Hon‘ble Supreme Court has interpreted the present provisions of Chapter VA (including

58
Section 68B) and held that it is necessary to establish a direct nexus between the properties
sought to be forfeited and the offence committed. It is nearly impossible to prove such a nexus as
the drug traffickers do not keep records of the drugs they sell and the manner in which they
invests the sale proceeds. It is, therefore, proposed to define properties belonging to traffickers,
their relatives and associates, the source of which cannot be proved and the property of
equivalent value, as illegally acquired properties by amending section 68B clause (g).

viii. Insertion of Explanation to Section 68H regarding validity of notice: Section 68H deals
with the issue of a notice for forfeiture of property. As stated above, the Hon‘ble Supreme Court
has held that it is necessary to establish a direct nexus between the properties sought to be
forfeited and the offence committed, which is not practically possible. In order to address this
situation, it is proposed to insert an “Explanation” to section 68H stating that the notice for
forfeiture would not be invalid merely on the ground of failure to establish a nexus between the
property sought to be forfeited and any activity in contravention of the provisions of this Act
(drug trafficking activity).

viii. Legal basis for measures to manage injecting drug users [Section 71]: To minimize risk to
HIV, measures such as “needle-syringe exchange” and “oral substitution” are followed. These
measures aim at management of addicts and cannot be strictly called “treatment”. It is proposed
to include the word “management” in section 71 so as to provide a firm legal basis to such
measures.

COMMEENTS ON THE PROPOSED NARCOTIC DRUGS AND

PSYCHOTROPIC SUBSTANCE (AMENDMENT) BILL, 2011

The NDPS (Amendment) Bill, 2011 seeks to modify a number of provisions of the Act, which
will affect penalties that people who use and are dependent on drugs will be subject to. In
addition, the proposed changes have an important bearing on access to treatment and care for
drug users. Some specific comments on amending clauses:

(1) Amending clause 5, modification in Section 27 “Punishment for consumption of any

Narcotic drug or psychotropic substance”:
The Bill seeks to standardize the punishment for consumption of narcotic drugs and psychotropic
substances to a maximum of 6 months imprisonment and/or fine which may extend to Rs 10,000.

59
Under the existing Act, punishment for consumption of certain drugs like cocaine, morphine and
heroin is up to 1 year imprisonment and/or fine of Rs 20,000. While the proposed move is a
welcome step as Persons who use drugs, need support and assistance. Punishment is not an
appropriate sanction to drug dependence. It has to be understood that once a person becomes
dependent on drugs, she/he cannot give up without medical help. Punishing a patient is not only
inappropriate but also unhelpful and unjust.

(2) Amending clause 15, Section 71 (1) “Power of Government to establish centres for
identification, treatment, etc. of addicts”: Proposed insertion of the term “management”, after
the words “treatment, identification” is a welcome step as it is a more accurate description of
clinical care for drug dependence. There is an urgent need to increase the number of government
institutions providing drug dependence treatment as well as to regulate private facilities
purporting to provide such services. The suggested language change will help address both
concerns.

CHAPTER 6

NARCOTIC CONTROL BUREAU

The Narcotics Control Bureau (NCB) is the nodal medicate law implementation and knowledge
organization of India in charge of battling drug trafficking and the maltreatment of unlawful
substances90. The Director General of NCB is an officer of the Indian Police Service (IPS) or the
Indian Revenue Service (IRS).

HISTORY OF NCB;

90
National Informatics centre. Archived from the original on 2009-04-10. Retrived 2009-07-19

60
The National Policy on Narcotic Drugs and Psychotropic Substances depends on the Directive
Principles, contained in Article 47 of the Indian Constitution, which guide the State to try to
realize preclusion of the utilization, aside from restorative purposes, of inebriating drugs harmful
to wellbeing. The administration's strategy regarding the matter which streams from this
protected arrangement is additionally guided by the universal traditions regarding the matter.

India is a signatory to the single Convention on Narcotic Drugs 1961, as altered by the 1972
Protocol,the Conventions on Psychotropic Substances, 1971 and the United Nations Convention
against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.

The wide authoritative strategy is contained in the three Central Acts, viz. Medications and
Cosmetics Act, 1940, The Narcotic Drugs and Psychotropic Substances Act, 1985, and The
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The
obligation of medication misuse control, or, in other words work, is brought out through various
Ministries, Departments and Organizations. These incorporate the Ministry of Finance,
Department of Revenue which has the nodal co-appointment job as executive of the Narcotic
Drugs and Psychotropic Substances Act, 1985 and the Prevention of Illicit Traffic in Narcotic
Drugs and Psychotropic Substances Act, 1988.

The Narcotic Drugs and Psychotropic Substances Act, 1985 which happened from the fourteenth
November, 1985 made an express arrangement for establishing a Central Authority to exercise
the forces and elements of the Central Government under the Act.

In nearness of this arrangement, the Government of India established the NARCOTICS

CONTROL BUREAU on the seventeenth of March, 1986. The Bureau, subject to the
supervision and control of the Central Government, is to practice the forces and elements of the
Central Government for taking measures as for:

 Co-appointment of activities by different workplaces, State Governments and different

experts under the N.D.P.S. Act, Customs Act, Drugs and Cosmetics Act and some other
law until further notice in power regarding the authorization arrangements of the NDPS
Act, 1985.

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  Execution of the commitment in regard of counter measures against illegal movement
under the different worldwide traditions and conventions that are in power at present or
which might be endorsed or consented to by India in future.

 Help to concerned experts in outside nations and concerned worldwide associations to

encourage coordination and all inclusive activity for counteractive action and
concealment of illegal movement in these medications and substances.

 Coordination of moves made by the other concerned Ministries, Departments and

Organizations in regard of issues identifying with medication misuse.

The Narcotics Control Bureau is the peak organizing office. It additionally works as an
implementation organization through its zones and sun-zones. Zones situated at Ahmedabad,
Bangaluru, Chandigarh, Chennai, Delhi, Guwahati, Indore, Jammu, Jodhpur, Kolkata, Lucknow,
Mumbai, and Patna. Sub-zones situated at Amritsar, Ajmer, Bhubaneswar, Dehradun, Goa,
Hyderabad, Imphal, Madurai, Mandi, Mandsaur, Ranchi and Cochin. The zones and sub-zones
gather and investigate information identified with seizures of opiate drugs and psychotropic
substance, ponder patterns, usual way of doing things, gather and disperse insight and work in
close collaboration with the Customs, State Police and other law authorization offices.

FORMATION OF NCB;

The Narcotics Control Bureau was created on 17 March 1986 to enable the full implementation of
The Narcotic Drugs and Psychotropic Substances Act, 1985 and fight its violation through the Prevention
of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act, 1988. The law was established
to fulfill India's treaty obligations under the Single Convention on Narcotic Drugs, Convention on
Psychotropic Substances, and United Nations Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances. Officers in this organization are drawn from Indian Revenue Service, Indian
Police Service and Paramilitary forces in addition to directly recruited members.

ROLE AND FUNCTION NCB;

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The Narcotics Control Bureau become created in March 1986 in phrases of Section 4 (3) of the
Narcotic Drugs and Psychotropic Substances Act, 1985, which envisages an expert for taking
measures with appreciate to such subjects under the Act as may be distinctive with the aid of the
Central Government, concern to the supervision and manage of the Central Government. The
notification dated 17-three-1986 constituting the NCB sets out the following charter for the
Bureau:

 Coordination of movements by numerous officers, State Governments and different

authorities below the main Act, the Customs Act, 1962, the Drugs and Cosmetics Act,
1940 and some other regulation in the interim in force in reference to the enforcement of
the fundamental Act.

 Implementation of the responsibilities in respect of counter-measures in opposition to

illicit traffic beneath various worldwide conventions.

 Assistance to the involved authorities in overseas nations and concerned international

companies so one can facilitate coordination and general motion for prevention and
suppression of illicit site visitors in narcotic pills and psychotropic substances.

 Coordination of actions taken by using the Ministry of Health and Family Welfare, the
Ministry of Welfare and different concerned Ministries ,Departments or Organizations in
appreciate of subjects regarding drug abuse.

While this notification sets out the wide constitution of the Narcotics Control Bureau, the
targeted features of the Bureau had been elaborated in O.M.No.50/seventy one/86-Ad.I dated 2d
Feb,1987 issued by means of the Department of Revenue. Subsequently after the NDPS Act
become amended in May 1989 to inter- alia provide for control over precursor chemicals , the
implementation of home controls over precursors turned into also assigned to the Bureau. In
addition to those features, the Narcotics Control Bureau is likewise answerable for the

63
enforcement of the provisions of the NDPS Act which it does thru its ten zonal and nearby
workplaces. The Narcotic Drugs and Psychotropic Substances Act 1985 constitutes the statutory
framework for drug regulation enforcement in India. This enactment consolidates the erstwhile
Acts viz., the Opium Act 1857; the Opium Act 1878 and the Dangerous Drugs Act, 1930. India
is a party to the 1961 Single Convention, the 1971 Convention Against Psychotropic Substances
and the 1988 Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
India's duties under those Conventions are applied regionally through suitable provisions within
the NDPS Act. In addition to being a signatory to all of the three International Conventions on
Narcotic Drugs and Psychotropic Substances as distinctive within the above para, India has
signed Bilateral Agreements/MoUs completely on drug related topics with 14 nations and
Bilateral Agreements on crook topics and related matters, in which drugs associated subjects are
also protected, with 9 countries. In addition, Bilateral Agreements/MoUs with 24 countries
solely on drug associated matters had been proposed and these are at various levels of
finalization. At the operational level, India's drug regulation enforcement strategy has focused
upon combating trafficking through appropriate intelligence, interdiction and investigative tasks,
removing illicit drug vegetation, preventing leakages from our licit opium crop, enforcing a
regime of domestic and global alternate controls over choose precursor chemical compounds,
and concentrated on property derived from drug trafficking by using confiscation and forfeiture.
Given India's size and the federal nature of our polity, a number of agencies both at the Centre
and within the States, had been empowered to implement the provisions of the NDPS Act.
Effective coordination among these agencies is important for the efficacy of our drug law
enforcement strategy. This coordinating position has been assigned to the Narcotics Control
Bureau. In accordance with its constitution, the Bureau discharges the following features:-

 Coordination amongst numerous Central and State Agencies engaged in drug law
enforcement;

 Assisting States I enhancing their drug law enforcement attempt;

 Collection and dissemination of intelligence;

64
  Analysis of seizure facts, examine of tendencies and modus operandi;

 Preparation of National Drug Enforcement Statistics;

 Liaison with International agencies such as UNDCP, INCB, INTERPOL, Customs

Cooperation Council, RILO etc;

 National contact point for intelligence and investigations.

ORGANIZATION;

The Narcotics Control Bureau's national headquarters is located in Delhi, the national capital. Its field
units and offices are organised by zones and are located
in Mumbai, Indore, Kolkata, Delhi, Chennai, Lucknow, Jodhpur, Chandigarh, Jammu, Ahmedabad, Beng
aluru, and Patna. Officers in this organization are drawn from Indian Revenue Service, Indian Police
Service and other Paramilitary forces. The Narcotics Control Bureau is also represented on the Economic
Intelligence Council. NCB is affiliated to Home Ministry, which was made responsible for administering
The Narcotic Drugs and Psychotropic Substances Act, 1985 91.

ALCOHOL PROHIBITION IN INDIA

BJP ruled Madhya Pradesh and Chhattisgarh have proclaimed that they will implement
preclusion of liquor, however but in a staged way. There isn't course of events yet to execute the
boycott in both the states. Along these lines, starting at now, none of the BJP ruled states have
presented add up to preclusion amid its residency. Add up to preclusion of liquor, usually called

91
Narcotis Control Bureau- ministry of finance (pdf)

65
denial, makes producing, utilization, ownership, buy, deal, transport, import and fare of liquor an
unlawful demonstration.

Nonetheless, state governments led by Congress to communist gatherings to position driven

Lohiate parties have authorized close aggregate denial. Forbiddance has turned into an attempted
and tried measure with some administration presented it and later another canceled it. The
Church has been a noteworthy player in the dissent developments against the annulment of
disallowance. India too has a long history of different states exploring different avenues
regarding different laws on alcohol, running from aggregate forbiddance to confined offer of
liquor to staged conclusion of alcohol shops.

As alcohol contributes sizeable income to the exchequer, it has never been a simple choice for
any state government to force the preclusion. In addition, there is across the board carrying and
illicit offer of alcohols in the states where denial are forced, in this manner nullifying the plain
point. By and by, there are four states – Bihar, Gujarat, Nagaland and Mizoram – and the Union
Territory of Lakshadweep, where add up to preclusion is set up. Verifiably, alcohol was
prohibited in different states amid the pre-Independence period. Not long after India
accomplished Independence, different state governments lifted the boycott.

There are various factors for the deterioration of the society and drinking acts as a killer of sense,
honor and discipline. Moreover it drains the income especially of the downtrodden. Drinking is a
blot in the society. Morality declines and degenerates because of it. If drinking is encouraged
what sort of people it could produce, and what sort of civilization it would breed'? Having all
these in mind Rajaji had taken a strong stand in abolishing the inebriated drinks. The outstanding
Tamil Poet Thiruvalluvar vehenlently condemns the consumption of toddy in his Thirukkural. It
is well emphasized in the following kurals (couplets) written by him92

 Men addicted to drinking toddy everyday will not be feared by their foeman and they
will lose the glory already achieved.

 Don't drink intoxicating toddy. If you desire it, you will not be counted as a man of
esteem by all good or saintly men.

92
Sundarmurthy, E.(ed). Tirikkural Transilation, Chennai, 199, p.204

66
  Unconscious sleepers are none other than the dead. Always toddy drinkers are poison -
takers.

 Who take to drink and get tipsy will be held in contempt by the men of the locality when
they find it out.

This whole chapter is attributed to the eradication measures taken by Rajaji in his capacity as the
Premier of Madras Presidency during 1937-1939 and as the Chief Minister of Madras between
1952 and 1954.

EVIL IMPACT OF DRINK;

Prohibition means application of law on the manufacture and sale of intoxicating liquor for use
as beverage. Drinking liquor has been a popular habit from time immemorial, though this came
to be discouraged from the Later Vedic Age and the Sastras condemned consumption of' liquor
as one of the five grave sins 93 (Mahapatakas). In the cultural background of Indian society, both
the user of alcohol and the one who involved in the trade have been treated as persons of low
moral caliber, owing to the evils associated with alcohol. Human addiction to alcoholic drink,
drugs and gambling has been considered as a social and spiritual malady by social reformers and
religious leaders throughout history. The habit of drinking was quite common during the Sangam
age. In Tamil Nadu drink habit had always been regarded as an evil to be eradicated. Majority of
the Backward and Depressed Classes in Tamil Nadu depended on agricultural labor. The habit of
drinking was quite prevalent among them. "The comparative poverty of the Pannaiyal (peasant)
class, states an official of Tanjore district, is attributed to their fondness for drink and a want of
prudence and forethought in storing up paddy to provide against a rainy days. They are in fact
the most barbarous part of the community, and live precisely like animal beings to all intents and
purposes, serfs attached to the soil and generally of the Pariah Caste, few being sudras" 94. The
hill tribes, the weaving groups, the laborers and workers who formed the bulk of the population
were also addicted to this evil habit. This habit of drinking not only marred the welfare of the

93
Sadasivam D, The Growth of Public Opinion in the Madras Presidency, (1858- 1909), Madras, 1974, p.126.
94
Srinivasa Raghamaiyangar, Memorandum on the progress of the Madras Presidency during the last Forty years
of the British Administration (1850-1890), Madras, 1980, p.145.

67
individual but also upset the moral and mental progress of a backward state like Tamil Nadu. It
also produced a tremendous effect in the social and economic life of the people. In fact it led the
addicts to commit offences, which they would refrain from doing under normal circumstances. It
also affected the health of the drunkards. Above all it kept them permanently in utter poverty as
they spent their hard earned money on liquor. Hence enlightened public opinion was strongly
against the evil of drink. Even though this chapter deals with the measures taken by Rajaji in the
direction of implementing prohibition in Madras Presidency it is necessary to know about the
various measures taken prior to him in this regard.

EXPERIMENT IN PROHIBITION IN USA AND ITS FAILURE;

In United States of America prohibition was introduced in 1919. This was the banning of the
manufacture, import and sale of all alcoholic liquor. It was the result of the efforts of a well-
meaning pressure group during the First World War, which believed that a 'dry' America would
mean a more efficient and moral America. But it proved impossible to eliminate bootleggers
(manufacture of illegal liquor) who protected their premises from rivals with hired gangs who
shot each other up in gunfights. Gang violence became part of the American scene, especially in
Chicago where A1 Capone made himself' a fortune, much of it from bootlegging. The row over
prohibition was one aspect of a traditional American conflict; between the countryside and the
city. Many country people believed that life was sinful and unhealthy, while life in the country
was pure, noble and moral95. Herbert Hoover, the President of America called prohibition 'a great

social and economic experiment, noble in motive'. However to meet the economic depression in
1929 he appointed the Whilkersham Conlmission to investigate the working of the prohibition
law. This body issued in 1931 an extremely muddled report, saying that prohibition did not work,
but ought to be maintained. In 1933, the 21" Amendment was passed. Repealing the isth and thus
abolishing Federal Prohibition... But the 21st Amendment was an admission on that the whole
experiment had failed96. For the sake of enforcement of prohibition policy the Government had
spent $10,000,000 per year and arrested about 50,000 people annually, inspire of that
bootlegging was not totally crushed.
95
Norman Lawe, Mastering World History, New Delhi, 2001, P.384
96
Hill, C.P, A History of United States, India,1973, p.194

68
APPRECIATION AND ADVANTAGE OF THE PROHIBITION POLICY;

Mr. A.F.W. Dixon, the collector and District Magistrate of Salem, very much inspired by the
ideas of the Premier, implemented the Prohibition Act with great zeal and did his best for the
success of the programmers. It is quite clear from the periodical reports, which he submitted to
the Government in which he stated that prohibition in the district of Salem was a great success
beyond the expectations of the Government. He even accepted that the Prohibition Act had
produced marked improvement among the poverty stricken classes, which stood much in need of
help and reformation. It resulted in the general improvement in the standard of living and
reduced indebtedness on the part of the poor. Socially it resulted in betterment of life, a better
outlook on life steadier and more stable character. The implementation of this policy very much
improved the social and economic conditions of the poor people. After this the workers
absenteeism in factories disappeared and their quality of work and discipline distinctly became
better, their earnings increased and their dress and health also vastly improved. Women folk
warmly welcomed the prohibition policy. It brought remarkable changes in the day-to-day life. It
put an end to street brawls and family quarrels very much improved the good supply especially at
the evening meal, improved cleanliness and children welfare very much reduced indebtedness
gave more hopeful outlook on life and untold miseries of many families disappeared.

Prohibition was a substantial boon to the weavers. It had not in the least reduced the stamina and
output of laborers; on the other hand it had increased them. It had contributed to a 'phenomenal
improvement in the moral and social life' of the people in general. It very much reduced crimes
and improved social harmony. It had benefited everybody and for all these reasons which ever
part! Might come to power it should be retained. Till prohibition was actually suspended every
one reported that the money that formerly found its way to liquor shops was now usefully spent
on better food and better clothing. The balance amount was utilized to liquidate previous
liabilities or spent on jewels or investment in thrift societies. There was no more harmony in
family life that prohibition was considered a great blessing by all especially by the women.

69
Well, there are various reasons regarding various states on the topic of prohibition of
alcohol. Here are some which are in knowledge:

 Gujarat: Gujarat has a law regarding and regulating the control of alcohol in force
that proscribes the manufacture, storage, sale and consumption of alcoholic
beverages. The legislation has been in force since 1 May 1960 when Bombay State
dissolved into Maharashtra and Gujarat. The Bombay Prohibition Act, 1949 is still
in force in both states; however the licensing regime in Maharashtra is quite liberal
with granting licenses to vendors and traders. Gujarat is the only Indian state with a
death penalty for makers and sellers of homemade liquor where fatalities are caused.
The legislation is titled the Bombay Prohibition (Gujarat Amendment) Bill, 2009.
The legislation was prompted by numerous deaths resulting from the consumption
of methyl alcohol.

 Kerala: Recent studies reported that the state of Kerala spent about 30 crore INR
(approx.) each day on the consumption of alcohol. The recent ban and a new policy is
aimed to curb excessive consumption of alcohol in the state, which constitutes almost 14
per cent of the national consumption rate.

So, one can say that the ban of liquor in Kerala is to primarily bring down the high rates of
consumption of the beverages within the state.

 Bihar: The state saw massive protests by women and social activists demanding ban
of all type of alcohol. Nitish pointed out that alcohol addiction have often lead to
family problems including domestic violence that also affect the children's
education. Although the production of liquor is not banned, the Bihar government
would not 'encourage' the setting up of distilleries and liquor manufacturing plants.
Even the existing beer plants and IMFL distilleries will need to send their supplies to
other states with immediate effect. Interestingly, the state’s crime graph has fallen
noticeably since the ban, resulting in a decreased number of road rage, road
accidents, and domestic violence.

70
  Lakshadweep: The only Union Territory which declared itself as a dry state. The
Bangaram island is the only place on the archipelago where alcohol consumption is
permitted.

 Manipur: Alcohol is banned, however local brews and drinks like  ashaba

and atingba are available in most areas, and authorities usually ignore their sale and
consumption

 Nagaland: The Nagaland Liquor Total Prohibition Act (NLTP) banned the sale and
consumption of alcohol in 1989. Enforcement of the ban is lax and Indian Made
Foreign Liquor is readily available. Authorities generally turn a blind eye towards
illegal sales. Reports have stated that some police officials themselves engage in
bootlegging (bunch of desi rowdy, and daabang moonshiners?). Various political
leaders have stated the prohibition to be a “total failure” and have called for it to be
revoked.

 Earlier bans - Andhra Pradesh, Haryana, Mizoram and Tamil Nadu have previously
enforced, but later repealed prohibition.

We can conclude that alcohol bans are usually imposed for the primary reasons of
decreasing consumption and the high rates of alcoholism. History shows how dangerous it
can be when a state or a nation goes through a phase of high alcoholism and various
addictions, decreasing the whole nation’s momentum in its period of growth. And in a
nation like India, which the world has its eyes set upon, every step must be read through a
hundred times before being put into action. The well being of a whole nation cannot be put
into jeopardy by such actions; however, they must be taken if deemed necessary after those
hundred readings.

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 CHAPTER 7

CONLUSION

Drugs and alcohol is asocial evil. As we see that, narcotics and other dependence producing
substances have been used in the world in one form or another since times immemorial. Likewise
trading in these substances has been carried on over a considerable period of time. Narcotics
came into widespread use in. western medical practices during the latter part of the 19 th century.
They had been extensively used, both therapeutically and non-therapeutically, for their claming,
intoxicating and presumed curative properties.

The main objective of the study;

 Analysis of the nature, origin and present state of implementation of drug law.

 The study of the scope and efficacy of statutory, constitutional provision and various
guidelines relating to uses and abuses of drug laws in India.

72
  The present thesis examined the role of enforcement agencies in prevention of drug
abuse.

 The present thesis also examined the role of judicial in interpretation of various statutory
provision in regulating drug uses and abuses.

 The researcher has also examined as to how far the recommendations and guidelines
issued by Judiciary has been implemented.

 After in depth study, the researcher has made suggestions for further reforms in
enforcement mechanism for better implementation of the provision, earlier suggestion
and guidelines.

Basic Features of the Narcotic Drugs and Psychotropic Substances Act, 1985;

The Act is designed to fulfill India’s treaty obligations under the Single Convention on Narcotic
Drugs, Convention on Psychotropic Substances, and United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic Substances.

The NDPS Act 1985 sets out the statutory framework for drug law enforcement in India.The
main elements of the control regime mandated by the Act are as follows:

a)    The cultivation, production, manufacture, possession, sale, purchase, transportation,

warehousing, consumption, inter-State movement, transshipment and import and export of
narcotic drugs and psychotropic substances is prohibited, except for medical or scientific
purposes and in accordance with the terms and conditions of any license, permit or authorization
given by the Government.

73
b)    The Central Government is empowered to regulate the cultivation, production, manufacture,
import, export, sale, consumption, use etc of narcotic drugs and psychotropic substances.

c)    State Governments are empowered to permit and regulate possession and inter-State
movement of opium, poppy straw, the manufacture of medicinal opium and the cultivation of
cannabis excluding hashish. (Section 10).

d)    All persons in India are prohibited from engaging in or controlling any trade whereby
narcotic drugs or psychotropic substances are obtained outside India and supplied to any person
outside India except with the previous authorisation of the Central Government and subject to
such conditions as may be imposed by the Central Government.

e)    The Central Government is empowered to declare any substance, based on an assessment of
its likely use in the manufacture of narcotics drugs and psychotropic substances as a controlled
substance.

f)     Assets derived from drugs trafficking are liable to forfeiture

g)    Both the Central Government and State Governments are empowered to appoint officers for
the purposes of the Act. Narcotics Control Bureau was set up by the Central Government in 1986
with the broad remit to coordinate drug law enforcement nationally.

h)    The NDPS Act is in effect a comprehensive code not only for the control and regulation of
Narcotics Drugs and Psychotropic Substances; but also for the control of selected chemicals –

74
commonly known as precursors – which can be used in the illicit manufacture of narcotic drugs
and psychotropic substances, as well as for the investigation and forfeiture of drug related assets.

STATES WHICH STRONGLY FOLLOWED THE PROHIBITION OF ALCHOLO

 Gujarat: Gujarat has a law regarding and regulating the control of alcohol in force that
proscribes the manufacture, storage, sale and consumption of alcoholic beverages. The
legislation has been in force since 1 May 1960 when Bombay State dissolved into
Maharashtra and Gujarat. The Bombay Prohibition Act, 1949 is still in force in both
states, however the licensing regime in Maharashtra is quite liberal with granting
licenses to vendors and traders. Gujarat is the only Indian state with a death penalty for
makers and sellers of homemade liquor where fatalities are caused. The legislation is
titled the Bombay Prohibition (Gujarat Amendment) Bill, 2009. The legislation was
prompted by numerous deaths resulting from the consumption of methyl alcohol.
 Kerala: Recent studies reported that the state of Kerala spent about 30 crore INR
(approx.) each day on the consumption of alcohol. The recent ban and a new policy is
aimed to curb excessive consumption of alcohol in the state, which constitutes almost
14 per cent of the national consumption rate.
So one can say that the ban of liquor in Kerala is to primarily bring down the high rates of
consumption of the beverages within the state.

 Bihar: The state saw massive protests by women and social activists demanding ban
of all type of alcohol. Nitish pointed out that alcohol addiction have often lead to
family problems including domestic violence that also affect the children's education.
Although the production of liquor is not banned, the Bihar government would not
'encourage' the setting up of distilleries and liquor manufacturing plants. Even the
existing beer plants and IMFL distilleries will need to send their supplies to other states
with immediate effect. Interestingly, the state’s crime graph has fallen noticeably since
the ban, resulting in a decreased number of road rage, road accidents, and domestic
violence.

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  Lakshadweep: The only Union Territory which declared itself as a dry state. The
Bangaram island is the only place on the archipelago where alcohol consumption is
permitted.
 Manipur: Alcohol is banned, however local brews and drinks
like ashabaand atingba are available in most areas, and authorities usually ignore their
sale and consumption.
 Nagaland: The Nagaland Liquor Total Prohibition Act (NLTP) banned the sale and
consumption of alcohol in 1989. Enforcement of the ban is lax and Indian Made
Foreign Liquor is readily available. Authorities generally turn a blind eye towards
illegal sales. Reports have stated that some police officials themselves engage in
bootlegging (bunch of desi rowdy, and daabang moonshiners?). Various political
leaders have stated the prohibition to be a “total failure” and have called for it to be
revoked.
 Earlier bans - Andhra Pradesh, Haryana, Mizoram and Tamil Nadu have
previously enforced, but later repealed prohibition.

We conclude that the drugs and alcohol are the major problem of society not only for Indian
society but the world as well as. As seen that with the changing the era the growth of substances
abuse is increasing and the banning is not the idea for the prohibition of substances abuse. The
convention and legislative policies is trying to get control over this major issue but somehow
there is also need for amendment on some part of NDPS act, so that the there can be control over
it.

The society need to create awareness about the harmfulness of substances abuse and to protect
the victim of it. As growth of substances abuse is major seen in the youth because of pressure
and for fashion also need to be reduces.

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SUGGESTION

The major suggestion for enforcement of NDPS Act, 1985 are as follows;

1. The strengthening of other enforcement agencies besides police such as Central

Bureau of Investigation, Directorate of Revenue Intelligence, Directorate of Enforcement, and
Vigilance Bureau etc. is also the sine qua non for controlling white collar crimes in India.

2. There should be close very co-ordination among the enforcement agencies if dent is to be
made on the emerging white collar criminality.

3. Delay in investigation or prosecution is another grey area of white collar crime. The
investigation, because of technicalities involved, such as requirements of scientific examination
of documents, miscellaneous preoccupation of investigators takes unusually long time to get
completed which leads to loss of certain valuable traces of evidence and also of contemporary
public interest. The dilatory nature of proceedings of courts based on the stay being liberally
granted, extensions being awarded favoring the defense side, extremely stringent norms of legal
proof and subsequently conservative nature of punishments take out the sting from white collar
crime trial. So it is suggested that principle of speedy justice must be
Followed.

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4. In case of white collar offences it is often seen that even when laws are available many of
enforcement agencies suffer from a fear complex that the well placed white collar criminal
would retaliate against their action by seeking the help of the politicians who light that a
policeman who would otherwise be efficient and eager in nabbing an ordinary criminal would be
most hesitant even to interrogate or proceed against a white collar criminal whose illegal acts
may have caused the society and the Nation incalculable damage when compared to a petty
criminal like a thief or robber. Hence steps are taken to save the enforcement agencies from such
type of fear of unscrupulous white collar criminals.

5. For an effective enforcement of laws relating to white collar crimes, specially trained
personnel are needed to detect and investigate such crimes. Study reveals that in Punjab the
officials who are assigned the task of enforcement of laws relating to white collar crimes, they
are not properly trained to handle such high status crimes. So their specialized training is
extremely necessary.

6. The State police as well as other enforcement agencies are responsible for the enforcement of
laws relating to white collar crimes. The maintenance of law and order and investigation of
crimes are two separate functions. Due to lack of strength of police personnel these functions are
assigned to the same police could cause great discomfiture to the administrator. It is in this
maintenance of law and order and other for the investigation of crimes.

7. Special courts should be constituted with power to award sentence of

imprisonment as well as fine so that trial is carried out swiftly.

The last 27 years have seen rapid growth in the combat against drug dependence especially the
areas of policy formulation and growth of infrastructure. This is commendable.
What now remains to be seen is the effectiveness and impact of the various
measures initiated. It is imperative to have evaluation and subsequent modifications
of plans and policies based on effective research. Without any systematic evaluation,

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plans would be just that – plan The last 27 years have seen rapid growth in the combat against
drug dependence especially the areas of policy formulation and growth of
infrastructure. This is commendable. What now remains to be seen is the
effectiveness and impact of the various measures initiated. It is imperative to have
evaluation and subsequent modifications of plans and policies based on effective
research. Without any systematic evaluation, plans would be just that – plan
REFERENCES

Books Referred:-

 DR.J.N.PANDEY Constitutional Law of India, Central Law Agency, 32md ED. 1997

 Larry K. Gaines, Drugs, Crimes and Justice

 Law Publisher (India) Pvt. Ltd, Narcotic Drugs and Psychotropic Substance, 3rd edition

Status Referred:-

 The Narcotic Drugs and Psychotropic Substances Act, 1985

Website Referred:-

 www.manupatra.com

 www.indiankannon.com

 www.researchgate.net

 www.narcoticsindia.nic.in

 www.ipleared.com

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