Published by: Akshay Verma
College: Bhai Gurdas College of Law, Sangrur, Punjab.
Introduction:
On 14th November 1985, the Parliament introduced the Narcotics Drugs and Psychotropic
Substances Act. The aim of this Act is to prevent the consumption, possession, sales, import
and distribution of the highly addictive drugs and to provided harsh punishments for anyone
who commits an offence under this Act.
History of drug laws in India:
Before the enactment of the Narcotics Drugs and Psychotropic Substances Act,1985, the drug
laws were mainly provided under the Opium Act, 1857 which was followed by the Opium
Act 1878 and the Dangerous Drugs Act, 1930. However, these statutes provided only meagre
punishments for the drug related offences.
In the year 1961, an international peace treaty known as the Single Convention on Narcotics
Drugs, 1961 came into force. Several signatory nations to the convention such as the USA
and the UK adopted a harsher approach towards restricting and controlling the drug menace
in these nations.
With the enhancement in international standards and awareness, India felt the requirement to
adopt and incorporate these measures in the type of substantial legislation that would serve
the purpose holistically in the domestic sphere.
Sections providing punishments under the NDPS Act, 1985:
Some of the sections which provides for punishment under the Act are:
- Section 8: Section 8 prohibits the cultivation of poppy, opium, cannabis plants or coca
and the production, distribution, manufacture, warehousing, purchasing, transport and
selling of prohibited drugs and psychotropic substances. It also restricts their
financing as well as consumption and harboring offenders guilty under the Act. - Section 19: according to Section 19 of the Narcotics Drugs and Psychotropic
Substances Act, 1985, any peasant who cultivates opium as per the permissions
granted under a license but embezzles, shall be liable for imprisonment which would
be rigorous for a term ranging between 10 to 20 years and shall also be liable to pay a
fine ranging between Rs. 10,000/- to Rs. 2,00,000/- - Section 23: According to Section 23, any person who engages in illegal
export/import/transshipment of narcotics drugs/psychotropic substances shall have to
face punishment ranging between rigorous imprisonment for 1 to 20 years and fines ranging between Rs. 10,000/- to Rs. 2,00,000/- based on the quantity of the prohibited substance.
Provisions of bail under NDPS Act, 1985:
The bail provision is mentioned under Section 37 of the Act. According to Section 37, the
offences under this Act shall be cognizable and non-bailable.
Section 37 provides that no person accused of an offence punishable for offences under
section 19, 24 or 27A and for offences involving commercial quantity shall be released on bail
or on his own bond unless-
(i) The Public Prosecutor has been given a chance to contradict the application for
such release, and
(ii) Where the Public Prosecutor contradicts the application, the court is pleased that
there are valid grounds for concluding that he is not guilty of such offence and
that while he is on bail, he is not likely to commit such offence.
Landmark judgments on NDPS Act, 1985:
- Union of India vs. Ram Samujh and Others (1999) 9 SCC 429: The Hon’ble Supreme
Court observed that “It should be kept in mind that in a case of murder, accused
commits murder of one or two individuals, while those people who are dealing in
narcotic drugs are like a tool in inflicting death blow or causing death of numerous
innocent young victims, who are at risk; it causes deadly impact and deleterious
effects on the society; they are a danger to the society; even if they are set free
temporarily, in all circumstances, they would carry forward their illegal activities of
trafficking and/or dealing in intoxicants confidentially. Reason may be huge stake and
involvement of illegal profit”. - A.N. Patel vs. State of Gujarat, AIR 2003 SC 2172: It has been constantly stressed
that NDPS cases should be tried as soon as possible because in such cases usually the
accused are not released on bail. - Toofan Singh vs. State of Tamil Nadu (2013) 16 SCC 31: in this case, the Supreme
Court has held that the officers who are endowed with powers under the Section 53 of
the Narcotics Drugs and Psychotropic Substances Act, 1985 are “police officers”
within the interpretation of Section 25 of the Indian Evidence Act 1872. Hnece, any
confession made to such officers would be barred under the Indian Evidence Act,
1872. - Gurdev Singh vs. State of Punjab (Criminal Appeal No. 375 of 2021): The Hon’ble
Apex Court held that the persons dealing in narcotics drugs plays an instrumental role
in causing the deaths of young, innocent people who are most vulnerable to drug
addiction. Therefore, while awarding sentence or punishment to the accused, the
poverty of the accused or the consideration that he was the sole earner of the family
could not lighten his punishment/sentence. But the quantity of the narcotic substance
recovered would be a relevant factor for imposing punishment higher than 10 years
under Section 32 B of the NDPS Act.
Conclusion:
The reason behind the introduction of Narcotics Drugs and Psychotropic Substances Act,
1985 was to regulate and control the consumption and transportation of illegal drugs and
substances. The Act has sufficient provisions which provides for stricter punishments and
stringent bail conditions as well.