REVIEW ARTICLE

Legislation, Society and Substance Use - Impact of

NDPS Act, 1985
Munish Aggarwal, Umamaheswari V, Debasish Basu
Department of Psychiatry, PGIMER, Chandigarh, India

INTRODUCTION
i. 1912: International opium Convention
Society can be defined as an organization of individuals ii. 1925: Agreement Re Manufacture,
who lives together and controls the behavior of the international trade and use of prepared opium
constituting members through law and customs.[1] iii. 1931: Concentration manufacture and
Drugs and drug trafficking is a social and legal distribution of narcotic drugs
problem. Every civilized society irrespective of caste, iv. 1936: Convention for the suppression of illicit
creed, culture and the geographical location has been traffic in dangerous drugs
affected by the menace of substance use. During 18th v. 1946: Protocol Amending the 1912, 1925,
century attempts by Chinese government to resist 1931, and 1936 instruments
smuggling of opium into China by European powers vi. 1948: Protocol extending the 1931
resulted in the infamous Opium War.[2] Drug use and convention to synthetic narcotic drugs
trafficking activities have sharply increased over the 1953: Protocol Re cultivation of the opium poppy and
years and there has been change in the socio- production trade and use of opium
demographic characteristics and type of substance UN Convention on Narcotic Drugs
use.[2-5]
HISTORICAL BACKGROUND A major convention “the United Nations Single
The geographical location of India makes it vulnerable Convention on Narcotic Drugs,” took place in 1961,
to massive inflow of the dugs across the border from India is also a party to this and other conventions i.e.
“Golden Crescent” comprising of Iran, Afghanistan Psychotropic Substances, 1971, and the Protocol,
and Pakistan in the west and in the North-Eastern side 1972 amending the single convention on narcotic
of the country is the “Golden Triangle” comprising of
drugs.
Burma, Laos and Thailand.[6]
Under UN single convention, India had to take
There were acts which tried to control the illicit trade
measures to control drug trade including the
of the narcotic drugs in India. The principal Central
acts were: traditionally used cannabis and opium.[6] In order to
1. The opium act 1857 meet these demands and control the menace of drug
2. The opium act 1878 use, the Narcotic Drugs and Psychotropic Substances
3. The dangerous act, 1930 Act of 1985 was passed by Indian Parliament. This
act came into affect from 14th November 1985.
Newer drugs had come into use and these laws were not
sufficient to cover them. THE NARCOTIC DRUGS AND
To Control and regulate the supply of opium and other
PSYCHOTROPIC SUBSTANCES (NDPS) Act:[7]
narcotic drugs, the following International Conventions
The act consists of six chapters; chapter II and chapter
were entered:-
123456789012345678901234567890121234567890123456 V are further subdivided into II A and V A, which were
123456789012345678901234567890121234567890123456
123456789012345678901234567890121234567890123456
Correspondence: Dr. Debasish Basu
123456789012345678901234567890121234567890123456 included after 1989 amendment.
123456789012345678901234567890121234567890123456 Chapter I
Dept. of Psychiatry
123456789012345678901234567890121234567890123456
123456789012345678901234567890121234567890123456
123456789012345678901234567890121234567890123456
PGIMER, Chandigarh-160012
123456789012345678901234567890121234567890123456 This act is called Narcotic Drugs and Psychotropic
123456789012345678901234567890121234567890123456
123456789012345678901234567890121234567890123456 substances act, 1985 it extends to all citizens of India
E-mail: db_sm2002@yahoo.com
Definitions: (important definitions under the act) psychotropic substances. As per Sec 5 NDPS Act, the
a. Addict: Any person who has dependence on central government shall appoint a narcotic
any narcotic drug or psychotropic substances commission to control cultivation of opium for medical
purposes. Under sections 4, 5 & 7, both the central
b. Illicit traffic- cultivation any coca or opium and state government are empowered to appoint
plant, cannabis or in the production and officers required to enforce the provisions of the act.
distribution of these drugs
Enforcement
c. Narcotic drug- coca leaf, cannabis, opium, A number of agencies, including the department of
poppy straw and includes all manufactured goods customs and central excise, the directorate of revenue
intelligence, the central bureau of narcotics, the central
d. Psychotropic substance- any substance, natural bureau of investigation and the border security force
or synthetic, or any natural material or any salt at the central level and state police and excise
or preparation of such substance or material departments at the state level. The union ministries of
included in the list of psychotropic substances Social Justice and Empowerment and Health cover
specified in the schedule health care, drug de-addiction, rehabilitation and social
e. Use- any kind of use except personal consumption reintegration of patients with substance dependence.
The Narcotics Control Bureau (NCB) was set up by
f. Commercial quantity- any quantity greater the central government in 1986, to carry out these
than quantity specified by the Central activities.
Government
The Narcotics Control Bureau (NCB)
g. Small quantity-any quantity lesser than the NCB was constituted with its headquarters at New
quantity specified by the central Government Delhi. The NCB came into effect from 17th March,
1986. It is the apex coordinating agency and also
Table–1: Definition of small and commercial quantities* functions as an enforcement agency. The Bureau has
to exercise the powers and functions of the Central
Government for taking measures to:[8]
i. Co-ordination of actions by various offices,
state governments and other authorities under the
S. Drug / psychotropic substance Small quantity Commercial quantity NDPS Act, Customs Act, Drugs and Cosmetics Act.
No ii. Implementation of the obligation in respect of
1. Cannabis 100gm 1 kg counter measures against illicit traffic under the various
2. Cocaine 2 gm 100 gm international conventions and protocols.
3. Codeine 10 gm 1 kg iii. Assistance to concerned international
4. Ganja 1 kg 20 kg organizations to facilitate coordination and universal
5. Heroin 5 gm 250 gm action for prevention and suppression of illicit traffic
6. Morphine 5 gm 250 gm in these drugs and substances.
7. Opium 25 gm 2.5 kg iv. Coordination of actions taken by the other
8. Opium derivatives 5 gm 250 gm concerned ministries, departments and organizations
9. Poppy straw 1 kg 50 kg in respect of matters relating to drug abuse.
10. Diazepam 20 gm 500 gm
National fund (Chapter II A)
* These were defined after the 2001 amendments After the 1989 amendment national fund for control
of drug abuse was set up. The central government is
Chapter II- Authorities and Offences: required to constitute the national fund.
As per Sec 4 of the NDPS Act, the central government The fund shall meet the expenditure incurred to
has to take measures for preventing and combating 1. Combat illicit traffic and controlling the abuse
abuse and illicit traffic of narcotic drugs and of drug
 2. Identifying, treating, rehabilitating of addicts Chapter V (SECTIONS 41 TO 68)- Procedure
3. Prevent drug abuse This section deals with the procedures and powers
4. Educate public against drugs involving search of building/ place/ conveyance, arrest
5. Supplying drugs to addicts where such supply of the individuals/ attachment of illegal crops/
is a medical necessity responsibility of the officers under the law.

Chapter III- Prohibition Control and Regulation Chapter VA- Specials Provisions Relating to
Licit Opium Cultivation Forfeiture of Property
The licit opium cultivation is regulated and controlled This chapter was introduced into the act in May 1989
by the narcotics commissioner of India in terms of the to provide for the investigation, freezing, seizure and
provisions of sections 8 and 9 of the NDPS act. forfeiture of property derived from or acquired
through illicit trafficking in narcotic drugs and
Chapter IV- Offences and Penalties (Sections 15 psychotropic substances.
To 40)
Sections 15 to 21 deals with punishment of various Chapter VI- Miscellaneous
narcotic drugs while section 22 deals with the Immunities in Drug Cases
punishment for contravention of psychotropic Addicts charged with consumption of drugs (section
substances (Table-2). 27) or with offences involving small quantities will be
immune from prosecution if they volunteer for de-
Table-2: Offences and punishments addiction. This immunity may be
Offence Penalty Sections withdrawn if the addict does not
Contravention in relation to poppy Small quantity- RI upto 6 months or fine upto Poppy straw- 15
straw/ prepared opium/ Cultivation Rs.10,0000 or both; More than small quantity Prepared opium- 17 undergo complete treatment
of opium but less than commercial quantity-RI upto 10 Cultivation of opium- 18 (section 64A).
Production, manufacture, years + fine Rs 1 lakh; Commercial quantity- Cannabis-20
possession, sale, purchase, transport, R.I 10 to 20 years + fine Rs.1 to 2 lakhs Manufactured drugs or
Minors: An offence committed
import, export or use of drugs (court can impose fine > Rs 2 lakh) their preparations-21 under any law by persons under
Psychotropic substances-
22
the age of 18 will be covered by
Import, export or transshipment of Same as above 23 the Juvenile Persons (care and
narcotic drugs and psychotropic protection) act. This act seeks
substances
Contravention in relation to Rigorous punishment upto 10 years +fine Coca-16 to reform such juveniles rather
cannabis/ cannabis plant without upto Rs. 1 lakh Cannabis- 20 than punish them under the
license or coca plants/ coca leaves
Embezzlement of opium by licensed RI for 10-20 years + fine Rs. 1-2 lakhs 19 respective acts. It prevails over
farmer (regardless of the quantity) any other act in respect of
External dealings in NDPS engaging R.I. 10 to 20 years + fine of Rs. 1 to 2 lakhs 24
in or controlling trade whereby (regardless of the quantity) persons below the age of 18.
drugs are obtained from outside Hence, such persons cannot be
India and supplied outside India
Knowingly allowing ones premise to Same as for the offence 25 prosecuted under the NDPS act
be used for committing an offence too.
Attempts abetment and criminal Same as for the offence Attempts-28
conspiracy Abetment and criminal
Establishment of the drug de-
conspiracy-29 addiction centers: The central
Preparation to commit an offence Half the punishment for the offence 30
Repeat offence One and half times the punishment for the 31
government has the power to
offence. Death penalty in selected cases* Death-31A establish centers for
Consumption of drugs Cocaine, morphine, heroin- RI upto 1 year or 27 identification, treatment, etc of
fine upto Rs.20,0000 or both Immunity-64A
Other drugs- imprisonment upto 6 months or addicts and for supply of
fine upto Rs.10,000 or both narcotic drugs and psychotropic
Addicts volunteering for treatment enjoy
immunity from prosecution substances under section 71 of
the NDPS Act.
*Included after 1989 amendment
AMENDMENTS  Drug addicts have difficulty in seeking the
The Prevention of Illicit Traffic in Narcotic treatment openly
Drugs and Psychotropic Substance Bill As a consequence of such criticisms a reassessment
(1989 Amendment)[7] of the Act in 2001 resulted in amendments relating to
The Prevention of Illicit Traffic in Narcotic Drugs and the length of imprisonment and the quantity and type
Psychotropic Substance Bill, 1988 was passed to of drug seized
effectively immobilize persons engaged in any kind of
illicit traffic in narcotic drugs and psychotropic Following amendments were included in 2001
substances. The following amendments were included- amendment of the Narcotics Drugs and
a. A National Fund was created under Section psychotropic substances act, 1985
IIA (described previously) 1. Small and commercial quantities were
b. Provisions for the forfeiture of property mentioned (described previously).
derived from or used in illicit traffic have been 2. Small quantity was redefined, which implied
described under chapter VA. that possession of small quantity is for personal
c. Death penalty for repeated offence by a person, consumption.
in case he is convicted of the commission or 3. It rationalized the sentence structure
attempt to commit or abetment of or criminal (described previously).
conspiracy to commit any of the offences 4. Bail provisions were made stringent for
involving commercial quantity of any narcotic offenders who indulge in serious offences e.g.
drug or psychotropic substance had been cases involving commercial quantities.
included (Section 31). 5. It made provisions for immunity of individuals
d. Special courts were constituted under section convicted for small quantities who volunteer
36A. for medical treatment once in their life time.
e. Amendments were made so that no sentence 6. The obligations of U.N conventions against
awarded under the Act should be suspended, illicit traffic in NDPS specially in respect of
remitted or commuted (other than section 27). the concept of controlled delivery have been
f. Every offence punishable under the act shall incorporated
be cognizable and non-bailable (Section 37)
g. Empowering officers authorized under section NDPS ACT AND IMPACT ON SUBSTANCE
42 to order attachment/ destruction of illicit USE
crop There has been mention of various psychoactive
h. Provisions for destruction of seized narcotic substances in the ancient Indian literature. Atharva
drugs and psychotropic substances (Section veda mentions that cannabis was created by god as a
52A) medicinal plant[9] and to protect against evil spirit.[10]
Devotees use cannabis to increase their concentration
Commencement of NDPS (Amendment) ACT for meditation. It is considered to be the preferred
2001 (2001 Amendment)[7] decoction to be offered to lord Shiva. Use of cannabis
The following short comings were noted in the has been sanctioned for use in various festivals like
NDPS Act after the 1989 amendment “Holi” and “Shivratri” and for spiritual uplifting.[11]
 The criminalization of drug use and the Opium has been used in India since 9th Century after it
increasing rates of arrest for possessing small was possibly introduced by Arab traders. Opium
quantities of drugs initially was used by ruling class especially the
 There were low conviction rates Mughals. Now, its use had spread beyond the ruling
 There were weak bail laws class and socially sanctioned use.[12] Opium has also
been by peasants to make young infant sleep and
thereafter mothers can go to field for work.[13] In Islam, countries like Netherlands where at coffee shops
use of alcohol has been prohibited, but cannabis and people can smoke cannabis, and legalization of
opium has been used by the Muslim community in cannabis has not resulted in increase in the use of other
India.[14] Similar to cannabis, it has been used for drugs like heroin. The rate of cannabis use in past
medicinal purposes and in social events.[6] month in high school students in Netherlands is 5.4%
The social control theory states that individuals have as compared to 29% in United States.[23,24] It is human
a tendency to pursue individual pleasures if there is no nature to use mood altering drugs. When one drug is
external control of society or there is an internal control banned, a newer one is discovered. Such legislations
exhibited by the individual himself.[15] Each society has have not controlled the problem but have shifted it
developed measures to control individual’s behavior from one to another.[25] Better control on source,
distribution and advertising of drugs than
to adhere to the societal rules and norms.[16] There were
criminalization of the drugs is required to control the
prevalent socio-cultural norms and sanctions regarding
menace of drug use.[26] Experiments in Netherlands
the form and mode of use, profile of users and the have shown that some degree of decriminalization has
occasions on which cannabis was used in India, which helped in managing the drug menace while the
limited the use of cannabis to specific occasions like prohibitionist policies have not yielded the desired
“Shivratri.” Use beyond these occasions was not results.[24] Moreover, cannabis and opioids appears to
approved of. Though opium was not associated with be less harmful than other drugs like tobacco and
any religious occasions but, similar to cannabis there alcohol,[25,26] and these drugs are excluded from the
were social norms and sanctions which controlled its preview of the NDPS Act. Because of the technical
use e.g. used by males only and on occasions like and the legal difficulties in obtaining opioid analgesics,
marriages or to greet the relatives.[6] Moreover, when pharmacies and hospitals tried not to keep opioid
used in social gathering the amount of drug each analgesics. This resulted in decrease in use of morphine
individual would consume was limited and this would by 97%, from 716 kg in 1985 to 18 kg in 1997.[27]
act as a means to strengthen the social bond.[17] Addiction is not just a law and order problem. It
Imprisonment and/ or fine for those prosecuted for involves intense craving for the substance and desire
possession of even small quantities for personal use to obtain the substance even if it involves indulgence
under NDPS Act seems to be impractical in India citing in the criminal activities. There is considerable degree
prevalent cultural acceptability of opium and of social stigma attached to the use of drugs this makes
cannabis.[6,18] An individual’s perception and concern many patients not to seek treatment for substance use.
about social norms will determine his eventual drug The department of Social Welfare has been declared
use.[19] Due to urbanization, exposure to newer drugs as the nodal agency in several state governments in
through tourism, production of illicit drugs and less India to co-ordinate all the measures and activities
risky trade in high potency drugs than traditional drugs, being undertaken by various Governmental and non-
there has been change in the drug use pattern in India, governmental agencies to prevent drug abuse and
with increase in the use of synthetic opioids and rehabilitate patients. Apart from its legal role in
injectable drugs.[2-6,20] There was a system to provide control of the drug traffic, NDPS Act made
opium through legal outlets which vanished after the recommendations for the identification, treatment and
implementation of the NDPS Act, this has also rehabilitation of the persons dependent on the
contributed to increase in the use of the newer drug of drugs. [28,29] Ministry of Health funded various
use.[6,21] Research has suggested that cultural norms in governmental organizations while non-governmental
India have been far more effective means of drug organizations were provided aid by Ministry of Social
control, and have fewer negative side effects than Justice and Empowerment. In 1988, government
legislative measures.[22] established treatment centers in 5 central institutes and
There is some evidence to suggest that legislation has 2 centers in state capitals. There were 34 government
not been able to control the level of drug use. In de-addiction centers by 1994. By 2003, 369 de-
addiction and 90 counseling centers across the country REFERENCES:
were provided financial aid by Ministry of Social 1. Park K. Park’s textbook of preventive and social medicine. 18th
Justice and Empowerment.[29] There is some provision ed. Jabalpur (India). Banarsidas Bhanot; 2005. p. 490.
2. Sabharwal YK. Narcotic Drugs and Psychotropic Substances.
for drug de-addiction centers under NDPS, but the [online]. 2006; Available from:
number of such centers is limited and the grant URL:www.supremecourtofindia.nic.in/newlinks/NDPS.doc
provided to these centers is inadequate.[21] Also, among 3. World Health Organization. Trends in Substance Use and
the centers being funded by the Ministry of Health and associated health problems 1998. Fact sheet No 127. Available
Family welfare only three centers have been notified.[21] from URL: http://www.int/infofs/en/fact127.html
Under the NDPS Act patients can take treatment once 4. Sachdev JS, Yakhmi RS, Sharma AK. Changing pattern of drug
abuse among patients attending de-addiction centre at Faridkot.
in their lifetime if they are caught with small quantity Indian J Psychiatry 2002;44:353-355.
of the substance. This respite for treatment only once 5. Margoob MA, Majid A, Hussain A, Wani ZA, Yousf A, Malik
in lifetime is complete disregard to the natural history YA, Zahger A, Zehangir I, Geelani I, Mushtaq H. Changing
of patients with substance use who have history of sociodemograhic and clinical profile of substance use disorder
multiple lapses and relapses.[21] patients in Kashmir Valley. JK-Practitioner 2004;11:14-16
Despite its innumerous limitations NDPS Act has been 6. Charles M, Bewley-Taylor D and Neidpath A. Drug policy in
India Compounding harm? Beckley Foundation drug policy
an important milestone for the control of trade and programme, 2005 Briefing Paper 10.
use of illicit drugs. Between the year 1996 to 2006, 7. Narcotic Drugs and Psychotropic Substances Act (Act) (as
21,895 kg of opium, 10,147 kg of heroin, 8, 55,667 amended upto date), Ministry of Law and Justice, Government
kg of ganja and 48,278 kg of hashish have been seized of India.
under the NDPS Act by various enforcement agencies. 8. Ministry of home affairs. Available from: URL: http://
In cases involving these illicit traffic, a total of 1, 42,337 www.mha.nic.in/uniquepage.asp?Id_Pk=511
9. Chopra RN, Chopra IC. Drug addiction with special reference
persons were involved including these foreigners. Out to India. New Delhi: Council of scientific and industrial research
of which 38,030 persons were convicted for various 1965.
offences while 44,656 persons were acquitted. The rate 10. Sharma HK. Sociocultural perspective of substance use in India.
of acquittal has varied from 27.7% to 59.1% annually Subst Use Misuse 1996;31:1689-1714.
during this period.[2] 11. Roy S, Rizvi SHM. Nicotine water to heroin. Delhi: BR
publishing cop. Royal Commission on Opium 1893 Report.
Shimla: Government of India. Central printing office 1986.
CONCLUSION: 12. Purohit DR. Community approach to opium dependent subjects
A variety of drugs have been used in India since in rural areas of Rajasthan. Journal of Community Psychiatry
centuries and the use was under the control because 1988;11:3.
of various socio-cultural factors. In the last century, 13. Lakshminarayana J, Singh MB. Opium addiction among rural
because of change in social factors there had been an population in desert districts of western Rajasthan: some
increase in the substance use. Numerous legislations observations from the study. J Hum Ecol 2009;25:1-4.
14. Siddiqui HY. Extent of drug abuse in Faridabad, in H Singh
including NDPS, have attempted to control drug use. (Ed), Drug abuse: summaries of research studies. New Delhi.
Attempts should be made to understand the National Institute of Social Defense, Ministry of Welfare 1992.
sociocultural factors which plays crucial role in type 15. Gibbs J. Social control: views from the social sciences. Beverly
and pattern of substance use and the degree of harm Hills, CA: Sage 1982.
the drug in question causes. Other measures for control 16. Nagasawa R, Qian Z, Wong P. Social control theory as a theory
of substance use, e.g., education about harmful of conformity: the case of Asian/Paciûc drug and alcohol nonuse.
Sociological Perspectives 2000;43:581-603.
consequences, good coping skills, curbs on the 17. Charles M, Nair KS, Gabriel B. Drug culture in India- a street
advertisements of the drugs should be emphasized ethnographic study of heroin addiction in Bombay; Jaipur:
upon. Measures for treatment and rehabilitation of the Rawat Publishers 1999.
patient with substance use should take into 18. Ambekar A, Lewis G, Rao S, Sethi H. ‘South Asia Regional
consideration the social factors leading to the substance Profile’. Vienna: UNODC, 2005.
use.
19. Yang X, Xia G. Causes and consequences of increasing club 24. Smith R. The war on drugs: Prohibition isn’t working - some
drug use in china: a descriptive assessment. Subst Use Misuse legalization will help. BMJ 1995;311:23-30.
2010;45:224-239. 25. Editorial- Dangerous habits. The Lancet 1998;352:1565.
20. Charles M. Drug Trade Dyanamics in India. [online]. 2004; 26. Editorial- Deglamorising cannabis. The Lancet 1995;346:1241.
Available from: URL:htpp://www.drugstat@free.fr 27. Rajagopal MR, Joranson DE, Gilson Am. Medical use, misuse,
21. Anuradha KVLN. A flawed Act. [online]. 2001; Available from: and diversion of opioids in India. The Lancet 2001; 358: 139-
U R L : h t p p : / / w w w. i n d i a - s e m i n a r. c o m / 2 0 0 1 / 5 0 4 / 43
504%20k.v.l.n.%20anuradha.htm 28. Malhotra A, Mohan A. national policy to meet the challenge of
22. Charles M, Britto G. Culture and the Drug Scene in India, in substance abuse: programmes and implementation. Indian J
Christian Geffary, Guilhem Fabre, Michel Schiray, Scientific Psychiatry 2000;42:370-377.
Coordinators, Globalisation, Drugs and Criminalisation, Paris: 29. Ray R. Substance abuse and the growth of de-addiction centers:
UNESCO MOST and UNDP 2002;1:4-30. the challenge of our times, in Mental health: an Indian
23. Morgan JP, Riley D, Chesher GB. Cannabis: legal reform, Perspective, 1946-2003. Edited by Agarwal SP. New Delhi.
medicinal use and harm reduction. In: Heather N, Wodak A, Director General of Health Services/ Ministry of Health and
Nadelmann E, and O’Hare P, eds. Psychoactive drugs and Family Welfare, 2004, pp 284-289.
harm reduction: from faith to science. London: Whurr, 1993