16 Sep Full text containing the act, Narcotic Drugs and Psychotropic Substances Act, , with all the sections, schedules, short title, enactment date. SUBSTANCES ACT, INTRODUCTION. The statutory control over narcotic drugs was being exercised under The. Opium Act, , The Opium Act, To combat this, the Government of India formulated the Narcotic Drugs and Psychotropic Substances (NDPS) Act, , which provides the current framework.
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Narcotic Drugs and Psychotropic Substances Act, 1985
In this section “culpable mental state” includes intention, motive, knowledge of a fact and belief in, or reason to believe, a fact.
Whenever any person is convicted of an offence punishable under any provision of Chapter IV and the court convicting him is of opinion that it is necessary to require aft person to execute actt bond for abstaining from the commission of any offence under this Act, the court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from commission of any offence under Chapter IV during such period not exceeding three years as it think fit to fix.
From Wikipedia, the free encyclopedia. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section Information as to commission of offences.
Certain transfers to be null and void. When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act, with which the accused may, under the Code of Criminal Procedure,be charged at the same trial. The reasons for not including alcohol in the NDPS Act are many, the important ones being a prevailing social acceptance even for frequent self-induced intoxication;[ 5 ] b the high revenues earned by the Government on the sale of alcoholic beverages; c prevalence of illicit and locally brewed undistilled forms of alcohol is very high in society and d there may be differences in the clinical course of alcohol dependence contrary to other drugs like opium which have been included in NDPS.
Obligation of officers to assist each other.
Constitution of Appellate Tribunal. Nil Conflict of Interest: Essentially, the Act deals with supply reduction activities of psychotropic substances namely, cannabis, cocaine and opium. When any addict is found guilty of an offence punishable under section 27 and if the court by ndp he is found guilty is of hdps opinion, regard being had to the age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for de-toxification or de-addiction from a hospital or an institution maintained or recognized by Government and on his entering into a bond in the form prescribed by the Central Government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical treatment and, in the meantime, to abstain from the commission of any offence under Chapter IV.
The crucial need, from a public health perspective, is to consider some legal control especially for the hazardous or predependent stages use of alcohol, a recommendation suggested even by the World Health Organization.
Narcotic Drugs and Psychotropic Substances Act, – Wikipedia
The paper described the law as “ill-conceived” and “poorly thought-out” due to the law providing the same punishment for all drugs, which meant that dealers shifted their focus to harder drugs, where profits are far higher. Information to competent authority. Duty of certain officers to give npds of illegal cultivation. An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances and for matters connected therewith.
This page was last edited on 14 Septemberat Prohibition of holding illegally acquired property.
The table below lists the current definition of a small quantity and a commercial quantity for some popular drugs. Postgraduate Institute of Medical Education and Research; The Central Government may, by notification in the Official Gazette, constitute a Fund to be called the National Fund for Control of Drug Abuse hereafter in this Chapter referred to as the Fund and there shall be credited thereto:. A new, semi-structured psychiatric interview for the use in genetic linkage studies: Notwithstanding anything contained in the Code of Criminal Procedure, or any other law for the time being in force but subject to the provisions of section 33, no sentence awarded actt this Act other than section 27 shall be suspended or acct or commuted.
Why is alcohol excluded and opium included in NDPS act, 1985?
Report of arrest and seizure. Offences to be cognizable and non-bailable. Identifying illegally acquired property. Any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances Amendment Act,until a Special Court is constituted under section 36, shall, notwithstanding anything contained in the Code of Criminal Procedure,be tried by a Court of Session, provided that offences punishable under sections 26, 27 and 32 may be tried summarily.
However, the Rajiv Gandhi administration claimed that soft drugs were gateway drugs. An order under this section may also be made by an appellate court or by the High Court or Sessions Judge when exercising the powers of revision. An order made thereunder may provide for regulating by licenses, permits or otherwise, the production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption, use, storage, distribution, disposal or acquisition of any controlled substance.
Reducing risks, promoting healthy life. Any person who contravenes any provision of this Act, or any rule or order made or condition of license granted thereunder manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.
Why is alcohol excluded and opium included in NDPS act, ?
Punishment for abetment and criminal conspiracy. Forfeiture of property in certain cases. India had no legislation regarding narcotics until