Narcotics And Drug Abuse Legislation In India: A Doctrinal Critique Of Enforcement And Prescribed Penalties
Bedabrata Roy, BBA LLB (H), LLM (Pursuing), ICFAI Law School, Jharkhand
ABSTRACT
Indian laws relating to narcotics and drug abuse are primarily contained in the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, a comprehensive legislation, that was enacted as a commitment toward the United Nations treaties and conventions and has been the result of the rising challenge of drug abuse in India. This research intends to critically examine NDPS Act, the balance between deterrence and the constitutional values of due process and the aspect of human rights. It underpins by drawing on important Supreme Court judgements, such as the Union of India v. Ram Samujh (1999), the State of Punjab v. Baldev Singh (1999) and the Tofan Singh v. State of Tamil Nadu (2020) as well as from academic peer-reviewed literature. A critical analysis indicated that there are structural tensions between the criminalisation orientation of the Act and the public health paradigm which is the one increasingly embraced by International regimes.
Keywords: NDPS Act 1985, narcotics law India, drug trafficking penalties, judicial interpretation, drug rehabilitation, harm reduction.
