Introduction

What is the NDPS Act?

The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 is a comprehensive law enacted to curb drug trafficking and consumption in India. It covers the regulation, control, and prohibition of the use and distribution of narcotic drugs and psychotropic substances.

Application of the Act 

1. Whole of India

2. All citizens of India

3. All persons on ships and aircrafts registered in India wherever they may be.

Offences under the Act

Production, manufacture, possession, sale, purchase, transport, import interstate, export interstate or use of narcotic drugs and psychotropic substances.

Strict Punishment

The punishment for many offences under Sections 15-23 of NDPS Act depends on the type and quantity of drugs involved- three levels of punishments for small, Intermediate Quantity, i.e. quantity more than small and lesser than commercial quantity and commercial quantity i.e. quantity more than small and lesser than commercial quantity and commercial quantity.

These 3 categories of the narcotic drugs and psychotropic substances are mentioned in the Act.

 Quantity wise punishment

1. Small quantity: Rigorous imprisonment upto 1 year or fine Rs. 10,000 or both

2. Intermediate Quantity, i.e. quantity more than small and lesser than commercial quantity: Rigorous imprisonment upto 10 years and fine upto Rs. 1 lakh

3. Commercial quantity: Rigorous imprisonment between 10 to 20 years and fine upto Rs. 2 lakh
 

Section 27

1. If a person uses drugs like cocaine, morphine, heroin, or other drugs listed by the government, they can face up to 1 year in jail, a fine of up to *20,000, or both.

2. If the drug used is something other than those mentioned above, the punishment can be up to 6 months in jail, a fine of up to ₹10,000, or both.

 Section 50 Conditions under which search of persons shall be conducted

This lays down the manner in which the search of a person suspected of carrying contraband substances is to be conducted.

◆ Section 50(4): only a female officer may conduct a personal search of a female.
 

Section 37

Offences under NDPS Act 1985 are non-bailable and cognizable.

◆ Conditions for Bail

Section 37 is based on the principle “A person is guilty until proven innocent". The accused has to satisfy the court with the following conditions in order to get bail:

1. Reasonable grounds that accused is not guilty.

2. If Bail is granted accused will not commit any offence.

Amendments

* NDPS (Amendment) Act, 1988

* NDPS (Amendment) Act, 2001

* NDPS (Amendment) Act, 2014