Indian Laws on Drugs: Prohibitions under the Narcotic Drugs and Psychotropic Substances Act 1985

The menace of drug addiction leads to the vicious cycle of immense human misery and illegal production, distribution and consumption of drugs. The unlawful distribution and consumption of drugs have given rise to criminal activities and violence worldwide. There are many reasons that make drug abusers out of people; it includes peer pressure, loneliness, depression, and the feeling that using drugs is “cool.” The abuse of drugs often results in physical and mental disorders, such as physical dependence on drugs, withdrawal symptoms and damage to the nerve cells.

Indian Laws on Drugs: Prohibitions under the Narcotic Drugs and Psychotropic Substances Act 1985The government of India has enacted the Narcotic Drugs and Psychotropic Substances Act, 1985, to regulate and control operations related to narcotic drugs and psychotropic substances. The Act extends to the whole of India. Here are some important definitions under the Act:

  • Addict: A person addicted to any narcotic drug or psychotropic substance
  • Board: The Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963).
  • Cannabis plant: Any plant of the genus cannabis

Indian Laws on Drugs: Prohibitions, Control and Regulation

Certain activities that are prohibited under the Narcotic Drugs and Psychotropic Substances Act, 1985, are:

  • Cultivation of coca plant or collection of a portion of coca plant.
  • Cultivation of cannabis plant.
  • Production, manufacture, possession, sale, buying, transportation, consumption, import and export of narcotic drugs and psychotropic substances except for medical and scientific uses.
  • The above mentioned acts are pertaining up to the limits as per the provisions of the Act or as per the rules pertaining to the requirement of license, permit or authorization.

 The Central Government holds powers pertaining to the permit, control and regulations of narcotic drug or psychotropic substance, which include:

  • Permitting or regulating the cultivation, collection, transportation, sale, purchase, import and export of coca plant.
  • The Central Government may permit cultivation of opium on its own account.
  • It may permit export from India or sale of opium or opium derivatives to the State Government or to manufacturing chemists from the factories of the Central Government.
Final Legal Take Away Tip: The Act prohibits a person from engaging in a trade of obtaining narcotic drugs or psychotropic substances from outside India or from supplying such substances outside India.
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