From Opium Monopolies To NDPS Amendments: Tracing The Shifting Criminal Policy Of India’s Drug Laws
- IJLLR Journal
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Adv Yadhu Krishnan M P, BBA LLB, Central University of Kerala
Adv Akhila Lekshmi V L, BA LLB, Central University of Kerala
1. INTRODUCTION
In order to preserve the public welfare, the primary goal of drug control legislation is to avoid and eliminate the negative social and moral impacts that are often linked with the reckless use of narcotics and psychoactive substances.[1] This is accomplished by preventing and eliminating the negative effects. Without a shadow of a doubt, one of the most heinous crimes of our day is the widespread commercial distribution of lethal narcotics that cause harm to the body, the mind, and the spirit[2]. Brains are destroyed, bodies are devalued, and a significant portion of our society is prevented from developing as a result of this. People of all ages who are victims of it often develop mental health issues, become aggressive, and even become homicidal criminals. Therefore, the most stringent traffic control laws and enforcement measures are essential in order to mitigate the consequences of these factors.[3]
The possession of psychotropic chemicals and narcotic opioids is strictly prohibited by laws that ban drug abuse. This is done in order to protect society from the social ills that are bound to be caused by an unregulated drug trade. It is possible that the usage of medications might have a variety of adverse effects on one's health. The conditions surrounding the manufacture and consumption of illicit drugs, as well as the absence of quality control, may eventually lead to severe poisoning, which can ultimately result in the death of these individuals. Due to the use of filthy injection procedures, the most significant consequences of heroin use include the transmission of hepatitis and HIV/AIDS. Abuse sufferers may not only cause harm to their own health, but they may also bring harm to their dependents, including their spouse, parents, and children. Abuse of substances during pregnancy has the potential to accidentally and adversely affect the unborn child. Substance misuse may have a significant impact on one's financial situation. Harmful usage of drugs has an effect on production. Absenteeism, accidents, and the costs associated with medical care all have a detrimental effect on the economy of a nation. Crime, which is one of the most significant social and economic impacts of drug misuse, is something that society has to manage and avoid using the tools it has available to be as effective as possible.
The consumption of drugs and the trafficking of drugs have become even more significant problems as a result globalization and the opening of the economy. Because to advancements in communication, information technology, and transportation, it is now feasible for people, information, and things to move across international borders in a short amount of time. The transportation of drugs and the money that is produced from drug trafficking is accomplished via the use of cutting-edge methods. When it comes to carrying out their tasks, law enforcement has a far more difficult challenge when illicit drug usage and trafficking occur online.[4]
In addition to having a detrimental effect on the environment, the production of illegal drugs and the cultivation of narcotic plants are also unlawful activities. In distant places, both the production of drugs and the cultivation of plants that produce narcotics take place. Because of these actions, uncommon plants and animals are put in risk, and the natural equilibrium is disrupted. Organizations that are involved in organized crime are encouraged to engage in drug trafficking because of the simplicity of transportation and the huge payout that is associated with drug smuggling. Abuse of drugs and the subsequent trade in drugs are the driving forces behind a wide range of other criminal activities, including militancy, corruption, and the heinous atrocities that are perpetrated by militant organizations. The violation of laws pertaining to substances is the most significant of all aspects.
Furthermore, there are additional types of criminal activities that are triggered by the pharmacological effects of drugs that are consumed. These include predatory or acquisitive crimes that are committed by drug users, such as robberies and thefts, in order to finance their drug habit. Additionally, there are incidental crimes that are associated with drug trafficking, such as bank frauds, terrorism, intimidation, corruption, and the sale of weapons and ammunition. The Manusmriti provides a description of the several sources of wealth that the ancient ruler of the land used. Not a single word was said on the matter of alcohol tariffs. It does not seem that any other ancient literature has placed an emphasis on the fact that alcoholic beverages are subject to taxation.
The leaves of a certain plant were often used by Sadhus in ancient India as a method of intoxication. Both the production and distribution of alcoholic beverages that included a high concentration of spirits were specifically prohibited by law. Manu smriti was of the opinion that individuals who were responsible for the production and distribution of alcoholic beverages should be expelled from the country because of the crimes they committed by enslaving the people. There is a lack of clarity on the extent to which the Mohammedan period saw active government regulation of alcoholic beverages. The Mohammedan government put particular tariffs on the sale of alcoholic beverages in a number of regions of the country during the final years of its rule. During the time when the East India Company took control away from the Mohammedan emperors, it seems that the zamindars accumulated these taxes under the guise of sayer income.[5] In the fourteenth century, it seems that the opium vine was carried to the regions of Cambay and Malwa respectively. During the time when the Mughal Empire was being founded in Central India, Emperor Akbar stumbled across the opium farm that was located in Malwa., Fatehpur, Allahabad, and Ghazipur were the primary places where opium poppies were grown and harvested. It was believed by Emperor Akbar and his successors that the government had a monopoly on the production of opium.
In the latter half of the sixteenth century, the Mughal dynasty established a monopoly on the production and distribution of opium. In the latter years of the Mughal Empire, Patna merchants supplied financial support, which resulted in the state relinquishing its power over the cultivation of opium in the northern state of Bihar.
In 1758, the British military took control of Bengal, marking the beginning of the subsequent stage in the history of the subject. Taking advantage of the Mughals' breakdown in power and the instability that followed, the Europeans constructed armies, fortified their businesses, and maintained these fortifications. They did this in a manner that was completely independent of the Mughals.
As a consequence of this, there were disagreements between the French and the British in India, as well as agreements and disagreements with the Native Princes across the continent. At the end of the day, in the year 1758, the armies of the English East India Company were successful in taking control of Bengal and Bihar. After arriving at Hugli, European sea merchants established their inland headquarters for dealing with Northern India at Patna, which was one of the vast landmasses that the Company eventually acquired[6]. Patna was the location of their headquarters. When it comes to the transportation of opium from Bengal to the east, Patna was the primary port of entry for the transportation of the drug.[7] Between the years 1758 and 1858, poppies were produced in almost every region of British India, provided that the climate and the terrain were suited for their cultivation[8].
Both the cultivation of the commodities and their commercialization were done without charge. The origin of opium traffickers in Patna may be traced back to the country that imposed a prohibition on purchasing opium directly from cultivators in the 17th century.
In the years before to 1758, the monopoly was shattered. A group of affluent opium traffickers who had established a monopoly in Patna was discovered by the British after they had successfully conquered the state of Bihar. In order to discourage farmers and business owners in small towns from engaging in commercial transactions with outsiders, they made use of their influence. They made a decision on the amount of money that they would collect from naval merchants in Europe or elsewhere for the morphine.[9]
Lord Clive's accomplishments made it possible for the English merchants to regain the position they had previously had in Patna. Unrest arose as a direct result of European merchants engaging the peasants in a direct confrontation.
According to the Indian Hemp Commission, the actions of the Bengal Zamindars in the year 1789 were the impetus for a reaction. Inadequate monitoring by zamindars led to the rapid growth of the criminal activity of drinking among the most impoverished members of society. As an appropriate solution, it was proposed that the government levy a tax on alcoholic beverages that include spirituous ingredients. In accordance with the Abkari Regulation of 1791, those who manufactured and sold alcoholic beverages were subject to a tax assessment. For the purpose of determining the tax rates, the location of the stills and firms, the volume consumed, and the selling price were all taken into consideration. Without proper authorization, personal stills were not permitted.
[1] United Nations Office on Drugs and Crime (UNODC), World Drug Report 2023 (United Nations, 2023) p. 5.
[2] Ratanlal & Dhirajlal, The Indian Penal Code (34th edn., LexisNexis 2022) p. 1200.
[3] Law Commission of India, 156th Report on the Narcotic Drugs and Psychotropic Substances Act, 1985 (1997), p. 35.
[4] Law Commission of India, 156th Report on the Narcotic Drugs and Psychotropic Substances Act, 1985 (1997), p. 35.
[5] B. B. Misra, The Central Administration of the East India Company, 1773–1834 (Oxford University Press 1959) p. 102
[6] H. H. Dodwell, Duties of the East India Company in India (Cambridge University Press 1922) p. 89
[7] Amartya Sen, The Argumentative Indian (Penguin Books 2005) p. 112.
[8] R. P. Dutt, India Today (People’s Publishing House 1940) p. 55
[9] https://juniperpublishers.com/jfsci/pdf/JFSCI.MS.ID.555644.pdf Shweta Sharma, Kapil Kumar & Gyanendra Singh, “An Overview on Narcotic Drugs and Psychotropic Substances Act, 1985”, (2017) 4(3) J Forensic Sci & Criminal Inves 555644, DOI: 10.19080/JFSCI.2017.04.555644.
