The Narcotic Drugs and Psychotropic Substances Act, 1985 is a central legislation to regulate production, consumption and transportation of such harmful substances as specified under the Act. It was enacted with the view to direct the population away from the illicit substances that arecapable of hampering the physical well-being of an individual.

It extends to the whole of India, along with areas outside India to all citizens beyond the territorial jurisdiction of the country or individuals on ships or aircrafts registered in India. The legislation has provided exhaustive definitions of all the important terms under the scope of the Act. It has laid emphasis on the Central Government's authority over the provisions of the Act and how much powers they possess to enforce the legislation.

The Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985 was passed with the intent of controlling drug abuse and prohibiting the use, distribution, manufacture, and trade of drugs. Narcotic drugs are those that induce sleep, whereas psychotropic substances are those that react with the mind and change it positively. The Parliament of India passed the NDPS Act on 14 November 1985. These types of drugs have their place in the practice of medicine. Consequently, the Act includes provisions for the cultivation of cannabis, poppy, and coca plants as well as the manufacturing of psychotropic substances in connection with the cultivation of these plants.

Its primary objective is to regulate the manufacturing, possession, sale, and transportation of drugs that are considered narcotics or psychotropics. As a result of this act, 200 psychotropic substances are prohibited from sale to walk-in customers. Prescriptions are required to obtain these drugs. There have been multiple amendments to the law since it was established.

Additionally, NDPS does not differentiate between drug users, drug dealers, and hard-core criminals involved in this trade. An individual is prohibited from manufacturing, producing, cultivating, possessing, selling, purchasing, transporting, warehousing or consuming any drug appropriate authorities. This article, thus, tries to highlight the provisions of the NDPS Act.

 

Drug	Quantity & Punishment
	Small Quantity		Commercial Quantity
Heroin	5mg	Maximum of 6 months rigorous imprisonment or a fine up to Rs. 10,000 or both.	250gms	Rigorous imprisonment from 10 years (min.) to 20 years (max.) & a fine from Rs. 1 Lakh to 2 Lakhs.
Opium	25mg		2.5kgs
Morphine	5mg		250gms
Ganja	1000mg		20kgs
Charas	100mg		1kg
Cocaine	2mg		100gms
Methadone	2mg		50gms
Amphetamine	2mg		50gms
LSD	0.002gm		0.1gm

Google source: NDPS Act : Narcotic Drugs and Psychotropic Substances Act, 1985 - iPleaders

OFFENCES AND PENALITIES UNDER THE ACT:
CHAPTER IV, that is from Section 15 to 40, provides for various offences and punishments under the Act. It has identified certain activities that are against the acceptable social norms which have been included in the category of offences in the Act. These activities are forbidden by law due to the effect it causes to the physical health of an individual. These substances have the potential to damage the mental abilities of an individual as well. Even if it relieves the person of any suffering for a short while, its side effects are on the display in the long run.

Section 15: Punishment for contravention in relation to poppy straw.

Section 15 of the Act provides for the act of production, possession, transportation, selling, purchasing or any other involvement that shall lead to an offence under the provisions of this Section. The punishments have been decided on the basis of the quantity of poppy straw involved in the whole transaction.
 

Quantity	Small	Lesser	Commercial
Rigorous Imprisonment	One year	Ten years	Ten years to Twenty years
Fine	Rs 10,000	Rs 100,000	Rs 100,000 - Rs 200,000
Rigorous Imprisonment + Fine	Both	---------	---------

Section 16: Punishment for contravention in relation to coca plant and coca leaves.
Section 16 of the Act provides for the provisions in contravention of the rules made under the Act regarding the cultivation, production, possession, selling, purchasing, transportation and any other activity with respect to the violation of the provisions of this Act.

The punishment for the offence under the Section includes rigorous imprisonment up to a term of ten years along with a fine extending up to one lakh rupees.

Section 17: Punishment for contravention in relation to prepared opium.
Section 17 of the Act provides for the provisions dealing with activities in violation of the Act with respect to prepared opium. This Section bars the process of manufacturing, possession, selling, purchasing, transportation or usage of prepared opium. It has been identified as a substance with the capacity to harm an individual, physically or mentally with its ingredients. The punishments for either of the restricted activities carried out by an individual are similar to that of poppy straw, listed under Section 15.

Section 18: Punishment for contravention in relation to opium poppy and opium.
Section 18 of the Act provides for the process of manufacturing, purchasing, production, possession, transportation or selling of opium poppy and opium as an act being in contravention of the provisions under this Act.
 

Quantity	Small	Commercial
Rigorous Imprisonment	One year	Twenty years
Fine	Rs 10,000	Rs 100,000 - 200,000
Rigorous Imprisonment + Fine	Both	---------

Section 19: Punishment for embezzlement of opium by cultivator.
Section 19 of the Act provides for an act identified as embezzlement of opium, which is in violation of the provisions under the Act and hence, an offence characterized under Chapter IV. Any person who embezzles, himself or involved in the activity, or otherwise illegally disposes off the opium shall be held liable under this Section. The punishment for this offence includes rigorous imprisonment of a term not less than ten years with an extension of up to twenty years along with a fine, not being less than one lakh rupees but can be increased up to two lakh rupees.

Section 20: Punishment for contravention in relation to cannabis plant and cannabis.
Section 20 of the Act provides for the offence relating to the process of cultivation, production, manufacturing, possession, selling, purchasing or transportation of cannabis plant and cannabis. In case a person is caught cultivating cannabis, he/she stands punishable with rigorous imprisonment of a term extending up to ten years along with a fine which can be up to one lakh rupees. For any other act other than cultivation, the punishments are divided on the intensity/quantity of the object. The three punishments included in all the other Sections are followed in this Section as well.

Section 21: Punishment for contravention in relation to manufactured drugs and preparations.
Section 21 of the Act provides for an offence of manufacturing, possession, selling, purchasing, transportation, or usage of any manufactured drug or its preparation as an act in contravention of the provisions under the Act.
 

Quantity	Small	Lesser	Commercial
Rigorous Imprisonment	One year	Ten years	Twenty years
Fine	Rs10,000	Rs 100,000	Rs 100,000 - 200,000
Rigorous Imprisonment + Fine	both	----------	----------

Section 25A: Punishment for contravention of orders made under Section 9A.
If any person contravenes an order made under Section 9A, he shall be punishable with rigorous imprisonment for a term which may extend to 10 years and shall also be liable to fine which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees.

Section 27: Punishment for consumption of any narcotic drug or psychotropic substance.
Section 27 of the Act provides for the act of consuming any narcotic drugs and psychotropic substances which is an offence for the purpose of the Act. Any person consuming substances such as morphine, cocaine, diacetyl-morphine and any other drug later specified as one by the central government under a notification shall lead to rigorous imprisonment for a term extending up to one year or fine up to twenty thousand rupees, or both.

Any narcotic drug or a psychotropic substance, other than those included in the list, shall lead to imprisonment up to six months or fine up to ten thousand rupees, or both.

Section 27A: Punishment for financing illicit traffic and harbouring offenders.
Section 27A of the Act provides for the offence of financing illicit trafficking and harbouring offenders in contravention of the provisions of the Act. Any person, financing or harbouring, directly or indirectly, any illicit acts of trafficking, may arise criminal liability against himself. The punishment for the offence shall be imprisonment of not less than ten years but extending up to twenty years and a fine of not less than one lakh rupees which can be increased up to two lakh rupees.

Section 30: Preparation.
If any person makes preparation to do or omits to do anything which constitutes an offence punishable under any of the provisions of 1 [Sections 19, 24 and 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance and from the circumstances of the case] it may be reasonably inferred that he was determined to carry out his intention to commit the offence but had been prevented by circumstances independent of his will, he shall be punishable with rigorous imprisonment for a term which shall not be less than one-half of the minimum term (if any), but which may extend to one-half of the maximum term, of imprisonment with which he would have been punishable in the event of his having committed such offence, and also with fine which shall not be less than one-half of the minimum amount (if any), of fine with which he would have been punishable, but which may extend to one-half of the maximum amount of fine with which he would have ordinarily (that is to say in the absence of special reasons) been punishable, in the event aforesaid: Provided that the court may, for reasons to be recorded in the Judgment, impose a higher fine.

Section 31A: Death Penalty for certain offences after previous conviction.

1. Notwithstanding anything contained in Section 31, if any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under 8 [Section 19, Section 24, Section 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance, is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence relating to:
   
   1. engaging in the production, manufacture, possession, transportation, import into India, export from India or transhipment, of the narcotic drugs or psychotropic substances specified under column (1) of the Table below and involving the quantity which is equal to or more than the quantity indicated against each such drug or substance, as specified in column (2) of the said Table:

Particulars of narcotic drugs/psychotropic substances	Quantity
(i) Opium	10 kgs.
(ii) Morphine	1 kg.
(iii) Heroin	1 kg.
(iv) Codeine	1 kg.
(v) Thebaine	1 kg.
(vi) Cocaine	500 grams
(vii) Hashish	20 kgs.
(viii) Any mixture with or without any neutral material of any of the above drugs	[lesser of the quantity between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture]
(ix) LSD, LSD-25 (+) – N, N-Diethyllysergamide (d-lysergic acid diethylamide)	500 grams
(x) THC (Tetrahydrocannabinols, the following Isomers: 6a (10a), 6a (7),7,8,9,10,9 (11) and their stereochemical variants)	500 grams
(xi) Methamphetamine(+)-2-Methylamine-l-Phenylpropane	1,500 gram
(xii) Methaqualone (2-Methyl-3-0-tolyl-4-(3h--)quinazolinone)	1,500 gram
(xiii) Amphetamine (+)-2-amino-l-phenylpropane	1,500 gram
(xiv) Salts and preparations of the psychotropic substances mentioned in (ix) to (xiii)	1,500 gram

Google source: A1985-61.pdf (legislative.gov.in)

(b) financing, directly or indirectly, any of the activities specified in clause (a), [shall be punished with punishment which shall not be less than the punishment specified in Section 31 or with death].

(2) Where any person is convicted by a competent court of criminal jurisdiction outside India under any law corresponding to the provisions of 3 [Section 19, Section 24 or Section 27A and for offences involving commercial quality of any narcotic drug or psychotropic substance], such person, in respect of such conviction, shall be dealt with for the purposes of sub-Section (1) as if he had been convicted by a court in India.

Section 32: Punishment for offence for which no punishment is provided.
Whoever contravenes any provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation issued thereunder for which no punishment is separately provided in this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.

Section 35: Presumption of culpable mental state.
According to Section 35 of the NDPS Act, the court shall presume the presence of the accused's culpable mental state, but it shall be a defence for the accused to establish that he did not have a guilty mental state.

Section 36A: Offences triable by Special Courts.
A clause in Section 36A of the NDPS Act called 'non-obstante' empowers the Special Court to hear cases punishable by imprisonment for more than three years. This provision is intended to ensure speedy trials. Following are some of the features:

• Under the NDPS Act, the government can set up Special Courts to speed up the prosecution of offences.
• Through a notification to the official gazette, it will be set up in particular areas or areas.
• The Special Court shall be considered to be a Court of Session.
• There shall be one judge of the Special Court, who will be appointed by the government with the concurrence of the Chief Justice of the High Court. To qualify for an appointment as a Special Court judge, a judge must first be a sessions judge or additional sessions judge.
• Under the NDPS Act, all of the offences punishable with a term of imprisonment over three years can be tried by a Special Court.
• By reviewing a police report or a complaint made by a state official or a central official, a Special Court will determine whether there was an offence.
• Besides the offenses under the NDPS Act, the Special Court has also been empowered with the authority to try an accused who has also been accused of other criminal offences under the Code of Criminal Procedure, 1973 (CrPC).
• Proceedings before a Special Court will be governed by the provisions of the CrPC, including those pertaining to bail and bonds.
• In the case of a Special Court, the person prosecuting the case shall be considered a public prosecutor.

Section 37: Offences to be cognizable and non-bailable

1. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),:
   
   1. every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for 3 [offences under Section 19 or Section 24 or Section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless:
      
      1. the Public Prosecutor has been given an opportunity to oppose the application for such release, and
      2. where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
2. The limitations on granting of bail specified in clause (b) of sub-Section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.

Conclusion:
The drug problem in India is much worse than it appears. In ancient India, ganja, charas, and other psychoactive substances were used for healing, pain relief, and even psychotherapy. India had no law criminalizing possession or use of drugs prior to 1985. Now, it is important to note that the NDPS Act contains several provisions that specify serious punishments.

For example, according to Section 37, the right to bail cannot be granted for more serious offences. Compared to the Unlawful Activities (Prevention) Act, 1976 (UAPA), this legislation was more draconian and the courts tended to be hesitant to release people on bail as a result.

Numerous laws are intended to solve societal problems, however, when they are misused, they can become brutal. It is more likely for draconian legislation to emerge when the legislation becomes more stringent. In light of its strict nature, the NDPS has the potential to be misused even more. Therefore, the Courts are required to ensure the law does not become weaponized and justice is administered to all segments of society.