Navigating Through The NDPS Act Of India

Laksh Mahesh Lakhiani, Kirit P Mehta School of Law

ABSTRACT

The main topics of study in this research are drug policy and the National Drug Control Policy Act of 1985. A Drug Policy refers to a government- wide strategy for limiting access to, keeping tabs on, and enforcing penalties for the use of drugs with psychotropic, hallucinogenic, or intoxicating properties that are both physically and psychologically or mentally addictive. It's a chemical either made in a lab, found in nature, or a combination of the two. Drugs have the potential to alter not just how we feel, but also how we think and act. When and how drugs are used by various people may have positive and negative effects on those involved. It is not acceptable for individuals to use or purchase medicines from individuals who are selling them illegally, despite the fact that medicines are legal drugs and doctors are permitted to prescribe them for patients, stores are permitted to sell them, and individuals are permitted to purchase them. To some extent, the legality of drugs like alcohol, coffee, and nicotine might be questioned. Cannabis, amphetamines, ecstasy, cocaine, and heroin are only some of the other narcotics that are against the law. Governments develop drug policies to curb the illicit drug trade. Under this plan, several new laws were enacted, each with its own set of specialised regulations and enforcement personnel. The Narcotic Drugs and Psychotropic Substances Act (NDPS Act), first enacted in 1985, is the primary legal topic that is investigated in this paper. The purpose of this law is to combat the trafficking of illegal drugs, hence it makes it unlawful for anyone to possess, manufacture, distribute, sell (particularly without a licence), transport, or store (without a licence) any narcotic, psychoactive, or other controlled substance. Since the human body is still developing at this time, this law is primarily intended to safeguard and discourage young people from using substances that might have devastating effects on their health.

In this paper, I have discussed the legislation and execution of drug policy, as well as the NDPS Act with national policy and its efficacy, as well as the penalties and sanctions that may result from a breach of the policy. Drugs continue to be used in India, despite the fact that there have been a lot of laws passed against them and their illegal use, as we all know.

Why? Because the drug policy has some gaps, which is why even in the present day numerous drug lords and many other types of persons are engaged in the distribution of illicit drugs, as well as the export and import of drugs and the business of black-marketing drugs. The lack of appropriate data is one of the primary reasons why the Indian Drug Policy has a number of serious flaws or is insufficient. It was discovered that there was an inadequate amount of information on the kind and quantity of drug use, as well as dependency and the health consequences that accompany it, despite the fact that this is primarily a very significant subject for drug policy.

Keywords: Drugs, Narcotics, Laws, Psychotropes, Conventions