Drug Policy Of India With Special Emphasis On NDPS Act, 1985

Sumedha Chatterjee, B.A. LL.B. (H), Amity Law School Kolkata, Amity University Kolkata

ABSTRACT

This project is basically on Drug policy and NDPS Act 1985. A Drug Policy is a policy which is adopted by government generally regarding the controlling, monitoring and regulation of psychoactive substances or hallucinogens or intoxicating substances that are otherwise addictive in nature or cause physical and psychological or mental dependency or a subsequent process of harming or deterioration of bodily homeostasis and a subsequent. It is basically a synthetic, semisynthetic or natural chemical substance. Drugs are something which can affect the way our body and mind function; they can change how we feel, think and behave. People take drugs for different reasons and in different ways which can be either beneficial or harmful. Medicines are legal drugs and doctors are allowed to prescribe them for patients, stores can sell them and people are allowed to buy them but it’s not legal and permissible for people to use these medicines or to buy them from people who are selling them illegally. Drugs such as alcohol, caffeine and nicotine are legal but may be subject. Other drugs such as cannabis, amphetamines, ecstasy, cocaine and heroin are illegal drugs. To control such illegal works on drug special policy by government which is drug policy is made. Lots and lots of laws were introduced under this policy with special rules and regulations and officers. Among all the laws the most important and main law on which I have done my research on is Narcotic Drugs and Psychotropic Substances Act which is also called as the NDPS Act which was introduced in 1985. This act was made to prevent illicit drug trafficking and prohibits a person to produce, sell especially without license, cultivate, illegal transport, store without permission and consume any Narcotic drug or Psychotropic Substance or any illegal drug. This act is made mainly to prevent and protect kids or teens to consume such drugs because this can affect them badly as their body at this period is still building.

In this paper I have spoken about the enactment and enforcement of Drug policy as well as NDPS Act with government policy and its effectiveness and consequences and punishments if there is a violation in the policy. But, as we all know, that although there are so many laws made against Drugs and its illegal usage, drugs are still used in India and its illegal usage is also there. Why? Because there are certain loopholes in the Drug policy for which still today lots of drug Mafias and many such people are involved in such illegal drug usage, its export and import and in such black-marketing business. One of the main reasons for the major gaps or inadequateness in the Indian Drug Policy is the absence of proper data. The nature and amount of the use of drugs, information on dependence and its attendant health implications which is mainly very important matter for Drug policy has been found insufficient. Also, to support my Paper I have given a case study on Sufia Bibi, Nurjahan Bibi and Abdus Kalam Mondal Vs State of West Bengal. And at the last I concluded the paper where I included my own personal views as well. I this paper the referred articles and documents have been referred below in “References” at page number 44 as to avoid any possible allegations of plagiarism. Hope you find this paper informative.