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Narcotic Drugs And Psychotropic Substances Act, 1985: A Legal And Empirical Analysis Of Its Effectiveness In Addressing Drug Abuse And Trafficking In India




Dr. Rashmi Gupta, Assistant Professor, School of Law, Mody University of Science and Technology, Lakshmangarh, Rajasthan

Laxmi Gupta, B.A.LL.B. (Hons.), School of Law, Mody University of Science and Technology, Lakshmangarh, Rajasthan


ABSTRACT


India, as one of the largest producers of pharmaceuticals globally, plays a pivotal role in both the legitimate medical use and the potential misuse of narcotic and psychotropic substances. With a rich history of medicinal and spiritual drug usage rooted in Vedic traditions, the country’s relationship with such substances has transformed dramatically over time—from sacred and therapeutic uses to increasing patterns of abuse and illicit trafficking. This paper examines the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, a landmark legislation enacted to combat the growing threat of drug misuse and smuggling in India.


The paper traces the evolution of drug laws in India, from the pre-NDPS legal framework to the enactment of the NDPS Act and its key amendments in 1989, 2001, 2014, and 2021. The study uses statistical data on drug seizures, arrest rates, and case registrations to assess the impact of the Act and its amendments. Further, the paper explores significant judicial interpretations that have shaped the enforcement and scope of the Act.


The findings suggest that while the NDPS Act has significantly strengthened India’s anti-drug trafficking regime, challenges persist in ensuring proportional enforcement, judicial efficiency, and rehabilitation-oriented approaches. The study concludes with recommendations for enhancing the Act’s effectiveness in light of evolving legal and societal needs.


Keywords: Narcotic Drugs, Psychotropic Substances, Drug Abuse, Drug Seizure, Drug Control.


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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