NARCOTIC, DRUGS NDPS ACTS AND PUNISHMENT UNDER INDIAN LAW

NARCOTIC, DRUGS NDPS ACTS AND PUNISHMENT UNDER INDIAN LAW

INTRODUCTION.

Drugs are a major factor in the destruction of misfortune. Excessive consumption of a drug causes the human body’s functioning to be disrupted, resulting in serious bodily and emotional suffering. When it comes to drug supply, Afghanistan, Pakistan, and the Indian Ocean are the most popular destinations with a variety of consumer countries. This drug addiction damages not only the individual’s life but also the lives of their family and dependents, which may include an unborn child.

As per the survey, the 18-35 age group are the most drug-addicted. In India, the majority of teenagers involved in drug usage are 60 per cent in West Bengal and Andhra Pradesh, and about 35 per cent in Uttar Pradesh and Haryana. In India, over 7% of the population commits suicide, with 3.3 per cent of those committing themselves owing to drug misuse. Because India is one of the world’s largest markets for drug users, supply is based on the demand of the consumers.

Types of narcotics –

  1. Natural opium alkaloids.
  2. Semi-synthetic derivatives of opium alkaloids.
  3. Synthetic morphine substitute.

 

DRUGS AND CRIMINAL ACTIONS

Many types of criminal behavior are made more likely by the use of drugs. Trafficking-related behavior, which includes violent confrontations between trafficking gangs seeking for increasing market share, is the most common type of drug-related crime. It also stems from drug users’ need to fund their addictions through thievery and prostitution. Drug-related crime and robbery are the fastest-growing components of crime overall, following the abduction, according to long-term trends based on data gathered between 1975 and 1989 and reported to the Commission on Crime Prevention and Criminal Justice.

GOVERNMENT AGENCIES IN CHARGE OF ENFORCING DRUG REGULATIONS:

The Indian government is adopting active measures to combat drug trafficking and build physical and mental strength in order to contribute positively to the growth of Indian society. The following are the legal entities that govern drug use in society:

  • Narcotics Control Division
  • Central Bureau of Narcotics (CBN)
  • The Narcotic Control Bureau (NCB)

Drug misuse in India was not fully regulated until 1985 when the legislature approved the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The legislation was adopted in order to defeat drug trafficking, as it made it illegal to cultivate, trade, import, export, and use narcotic narcotics and psychotropic substances on a local level. In 1989, 2001, and 2014, the Act was revised three times, each time increasing the severity of the sentence. Any drug-related offence is deemed a severe matter under this Act and is punishable by a non-bailable offence.

 

DRUG USAGE AND DRUG BAN IN INDIA.

Drug substance intake in the country is increasing among the young generation. The 3 basic factors leading to substance use is changing cultural values, increasing economic stress and dwindling supportive bonds.

Drugs are the third-largest business in the world, after petroleum and arms trade. In today’s date, there is no part of the world that is free from the intake of drugs in one form or another.

India is one of the countries, which is caught in the vicious circle of drug users with the number of drug addicts increasing day by day.

As per the UN Report, addicts with over one million heroin addicts are reported in India but anyhow unofficially there are as far as five million addicts in the country. This started as casual use among the high-income group and now has been overall sections of society.

The health ministry made its decision after the Products Technical Advisory Board advised that the components in the prohibited FDC drugs (Fixed Dose drug combinations.)  had “no therapeutic basis” and that they “may pose a risk to humans.” Many FDC combinations in the market, according to health professionals, offer no benefit of the medications but have serious side effects. Simple logic dictates that combining medications rather than taking them individually increases the risk of adverse drug effects and drug interactions. Aside from the fact that some the same time renders the human body resistant to therapy. Now, eventually the use of FDC in medications have been banned. The ban of FDCs includes various antibiotics, painkillers and cough syrup containing codeine.

 

PUNISHMENT UNDER INDIAN LAW.

In Chapter IV of the NDPS Act, the fine and penalty for drug offences vary depending on the number of drugs involved; for minor amounts of drugs, the punishment is either 6 months of severe jail or a fine of Rs.10,000 or both.

If the quantity of drugs is greater than a small quantity but less than a commercial quantity, the penalty is 10 years rigorous imprisonment or a fine of Rs.1, 00,000, or both, and if the quantity is greater than a commercial quantity, the penalty is 10-20 years rigorous imprisonment or a fine of Rs.2,00,000, or both. There are rules enforced on drug addicts under Chapter II of the Act to treat them and enhance their health by sending them to rehabilitation clinics. This is considerably superior to the previous Act in that it encourages society to ponder more than ten times before shaking hands with drugs.

 

CONSUMPTION OF DRUGS AND ITS AFTERMATH.

Goa is one of the most important centers of rave parties, with locals, outsiders, and tourists from other nations all taking part, and the culture of Goa entices everyone to visit at least once. Where some come for the delight of the club parties, drink, drugs, and so on, while others just come for the enjoyment of the club parties, booze, drugs, and so on.

The tragic death in Goa in 2013 of Nigerian Obodo Uzomo Simeon is still vivid in the public consciousness. When Goa BJP MLA Michael Lobo defended his murder by claiming that “98% of Nigerians and African nationals in Goa are involved in narcotics,” things became heated. The suspicions that the Russian drug mafia was involved in the 2008 murder of British girl Scarlette in Goa was an increasing sign that the state was falling into the clutches of drug cartels.

 

DRUG MATTERS HANDLED BY CRIMINAL LAWYERS.

We at VSK & CO ADVOCATES, BANGALORE AND HYDERABAD deal with legal matters relating to drugs. Whether be it anticipatory bail or any legal remedy what you wish to encounter and be sought. For more details contact-

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