16 Sep Full text containing the act, Narcotic Drugs and Psychotropic Substances Act, , with all the sections, schedules, short title, enactment date. SUBSTANCES ACT, INTRODUCTION. The statutory control over narcotic drugs was being exercised under The. Opium Act, , The Opium Act, To combat this, the Government of India formulated the Narcotic Drugs and Psychotropic Substances (NDPS) Act, , which provides the current framework.
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Average duration from onset of substance use and from onset of the first criterion of the development of dependence was 8.
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During the discussion of the Bill in Parliament, several members opposed it for treating hard and soft drugs as the same. India had no legislation regarding narcotics until Punishment for contravention in relation to manufactured drugs and preparations. Any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Zct Amendment Act,until a Special Court is constituted under section 36, shall, notwithstanding anything contained in the Code of Criminal Procedure,be tried by a Court of Session, provided that offences punishable under sections 26, 27 and 32 may be tried summarily.
Narcotic Drugs and Psychotropic Substances Act, 1985
If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. Any person who contravenes any provision of this Act, or any rule or order made or condition of license granted thereunder cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses opium shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.
We excluded other comorbid psychiatric disorders, substance dependence or general medical conditions requiring additional treatment. Nothing contained in section of the Code of Criminal Procedure, or in the Probation of Offenders Act, shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or section Immunity from prosecution to addicts volunteering for treatment.
Power to issue warrant and authorization. Presumption as to documents in certain cases. An order made thereunder may provide for regulating by licenses, permits or otherwise, the production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption, use, storage, distribution, disposal or acquisition of any controlled substance.
Why is alcohol excluded and opium included in NDPS act, 1985?
Power of court to release certain offenders on probation. The use of both licit drugs such as alcohol and tobacco and illicit drugs such as cannabis, cocaine and opioids has been acknowledged to have multiple consequences to health, society and economy. Rules and notifications to be laid before Parliament. The paper described the law as “ill-conceived” and “poorly thought-out” due to the law providing the same punishment for all drugs, which meant that dealers shifted their focus to harder drugs, where profits are far higher.
The Central Government may constitute a Governing Body as it thinks fit to advise that Government in regard nrps the application of the Fund. Our opinion We believe that ages of ndos of both alcohol and opioid use continue to follow a downward trend in that more and more adolescents are beginning to take up substances at an earlier age due to increased media promotion or peer pressure.
Officers of State Government. As part of the contemporary dynamic of globalization, there has also been an increased use of drugs, which has now reached mammoth proportions. Retrieved 26 March Whenever any person is convicted of an offence punishable under any provision of Chapter IV and the court convicting him is of opinion that it jdps necessary to require such avt to execute a bond for abstaining from the commission of any offence under this Act, the court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from commission of any offence under Chapter IV during such period not exceeding three actt as it think fit to fix.
The mean age at onset of alcohol use in this study was Constitution of Special Courts. Power to tender immunity from prosecution.
Narcotic Drugs and Psychotropic Substances Act, | Bare Acts | Law Library | AdvocateKhoj
ndpps Subject to the provisions of this Act, the Nsps Government can take all such measures as it deems necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances and the illicit traffic.
In Novemberformer commissioner of the Central Bureau of Narcotics Romesh Bhattacharji said of the law, “This needs to be debated in the face of such stiff ignorance which often takes root in the moral high grounds people take after being influenced by the UN conventions.
De, Mattoo, Basu Age at onset typology in opioid dependent men.
Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, including the provisions as to bail and bonds shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor.
If an offence under Chapter IV has been committed by a company, every person, who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly, provided that nothing contained in this section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
Failure of officer in duty or his connivance at the contravention of the provisions of this Act. This should be considered especially for the hazardous or predependent stages use of alcohol, which should be included in the NDPS Act.
The Special Court may exercise, in relation to the person forwarded to it under clause bthe same power which a Magistrate having jurisdiction to try a case may exercise under section of the Code of Criminal Procedure,in relation to an accused person in such case who has been forwarded to him under that section. The Committee shall consist of a Chairman and such other members, not exceeding twenty, as may be appointed by the Central Government.
Alcohol consumption control-policy options in the South-East Asia region. The Committee shall meet when required to do so by the Central Government and shall have power to regulate its own procedure. He also felt that the ban was “an overreaction to a scare created by the United States”. We therefore aimed at evaluating the reasons for inclusion of opium and exclusion of alcohol from NDPS by comparing and contrasting the course of dependence for both substances.
Punishment for financing illicit traffic and harboring offenders.