NDPS ACT And International Day Against Drugs Abuse and Illicit Trafficking

Every year on 26^th June, International Day against Drug Abuse and illicit trafficking or World Drugs Day is observed as an expression of its determination to strengthen action and cooperation to achieve the goal of an international society free of drug abuse.  It was founded by a resolution 42/112 of the General Assembly on 7^th December 1987. On 26^th June each year, individual, entire communities and various organizations all over the world work to raise awareness against drug abuse and its major problem for the society. World Drug Day is a day to share research findings, evidence-based data and life-saving facts, and to continue tapping into a shared spirit of solidarity. The UN designated 26^th June as World Drugs Day to commemorate Lin Zexu’s dismantling of the opium trade in Humen, Guangdong which ended on June 25, 1839, just before the First Opium War in China.

    “Share Facts on Drugs, Save Lives” is the theme of 2021 which aims at combating misinformation and promotes sharing of facts on drugs – from health risks and solutions to tackle the world drug problem, to evidence based prevention, treatment and care. The campaign highlights key statistics and data drawn from UNODC’s yearly World Drug Report. UNODC (United Nations Office on Drugs and Crime) founded 2002, is a United Nations Office previously known as office for Drug Control and Crime Prevention combined as United Nations International Drug Control Program (UNDCP) and the Crime Prevention and Criminal Justice Division with its headquarters at Vienna, Austria that was established in 1997.

COVID-19 has brought unprecedented public awareness on health, protective measures for staying healthy, and most importantly, and on  protecting each other. A growing sense of global community and solidarity continues to emerge, as does the need to ensure health care for all, UN says.

It is pertinent to note that the aim of United Nations to ensure the drug abuse free society, three international treaties were formed.

1.     The Single Convention on Narcotic Drug of 1961.

The Single Convention on Narcotic Drug that covers Narcotic Drugs was signed on 30^th March 1961. It is an international  treaty to prohibit production and supply of specific narcotic drugs and of drugs with similar effects except under license for specific purposes, such as medical treatment and research.

2.     Convention on Psychotropic Substances of 1971

Since the Single Convention on Narcotic Drugs of 1961 was limited to drugs with cannabis, coca and opium and derivatives such as morphine, heroin and cocaine, Convention on Psychotropic Substances of 1971 was designed by United Nations Treaty on 21 February to control psychoactive drugs such as amphetamine – type  stimulants, barbiturates, benzodiazepines and psychedelics. 

3.   The United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988.

The Convention is one of the major drug control treaties that came into force on November 11,1990. In the early 1970s and 1980s, there was a growing demand for cocaine, cannabis and heroin for  recreational purposes mostly in the developed countries which triggered illicit production with the rising size of illicit drug trade. International  drug trafficking became business dominated by criminal groups.

                  In pursuant to the above three United Nations Conventions, International Narcotics Control Board (INCB) was founded. It is an independent body responsible for monitoring the control of drug substances. It was established in 1968 by merging two bodies, Permanent Central Narcotic Board, and the Drug Supervisory Body.

     LAW ON DRUG CONTROL FOR GOOD GOVERNANCE

            To achieve the goal of United Nations program against drug abuse, it is essential to impose duties on the State to check and balance on the use of drugs for the welfare of society. It is social rights of citizen to lead a healthy life as mentioned in Article 21. Every citizen has the right to life, liberty and security of person. Article 21 provides that “no person shall be deprived of his life or personal liberty except according to procedure established by law”. Article 47 of Constitution of India which contains the Directive Principles, directs the State to raise the standard of living and improve public health as primary duties and in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.

The major drugs law of India to curb the drug abuse and illicit trafficking are Narcotic Drugs and Psychotropic Substances Act, 1985 and the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act, 1988.

NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

India being a signatory member of all the UN Convention such as Single Convention on Narcotic Drugs, Convention on Psychotropic Substances and United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the NDPS Act was passed in the Parliament of India passed  in 1985 to fulfill the treaty obligations under Conventions. It is an Act that prohibits a person the production/manufacturing/ cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drugs or psychotropic substances. It is a penal statute where the offence committed under the Act is non-bailable offence. The punishment imposed on the offenders under the various sections contained in chapter IV of this Act is rigorous not less than 10 years which may extend to 20 years and also a fine which shall not be less than 1 lakh rupees whoever found to engaged in activities as prohibited under Section 8 of the Act. The court may impose a higher fine, for reason that shall be recorded in judgment.

Section 8 prohibits any person from cultivating any coca plant or gathering any portion of coca plant; or cultivating the opium poppy or any cannabis plant; or producing, manufacturing, possessing, selling, purchasing, transporting, ware-housing, using, consuming, import inter-State export inter-State import into India, exporting from India or transshipment of any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by  the provisions of this Act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of license, permit or authorization and also in accordance with the terms and condition of such license, permit or authorization.

A federal law enforcement and intelligence agency under the Ministry of Home Affairs, Government of India, Narcotic Control Bureau was created in terms of Section 4(3)  of the NDPS Act, The agency is tasked with combating drug trafficking and the use of illegal substances under the provisions of Narcotic Drugs and Psychotropic Substances Act.

The Act has been amended thrice – in 1988, 2001 and 2014. Object and reason for amending the Act in 2001 was to provide deterrent punishment for various offences relating to illicit trafficking in narcotic drugs and psychotropic substances. The Act is a special law and has a laudable purposes to serve and is intended to combat the menace in destroying the public health and national health.

PREVENTION OF ILLICIT TRAFFICKING IN NARCOTIC DRUGS AND PSYCHTROPIC SUBSTANCES ACT, 1988

 Illicit traffic in narcotic  drugs and psychotropic substances poses a serious threat to the health and welfare of the people and the  activities of persons engaged in such illicit traffic have a deleterious effect on the national economy. Therefore the Act was enacted in 1988 mainly for detention in certain cases for the purpose of preventing illicit traffic in narcotic drugs and psychotropic substances and for matters connected therewith.

    The Supreme Court of India in the case Hira Singh And Another vs. Union of India and Another (2020) quoted - “The Problem of drug addicts is international and the mafia is working throughout the world. It is crime against the society and it has to be dealt with iron hands. Use of drugs by young people in India has increased. The drugs are being used for weakening the nation”

        From the British period in India to the present, consumption, illegal possession of narcotic drugs have become menace and obstruction for building healthy and economically developed country. Recently, we have witnessed  illegal mass business chain dealing in drugs in the Sushant Singh Rajput suicide case where several celebrities is alleged to be under the scanner of Narcotics Control Bureau.