Legislative History, Object and Definitions Under The Narcotic Drugs and Psychotropic Substances Act, 1985

The Narcotic Drugs and Psychotropic Substances Act, 1985 :

Legislative History, Object and Definitions

The Narcotic Drugs and Psychotropic Substances Act, 1985 is an important piece of legislation in India that aims to regulate and control operations relating to narcotic drugs and psychotropic substances. Here is a brief overview of its legislative history, objectives, and key definitions:

1)       Legislative History:

The Narcotic Drugs and Psychotropic Substances Act, 1985, was enacted by the Indian Parliament to fulfill India's obligations under the Single Convention on Narcotic Drugs, 1961, the Convention on Psychotropic Substances, 1971, and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. This act was introduced to strengthen the legal framework for the control and regulation of narcotic drugs and psychotropic substances in India.

2)       Objectives:

The primary objectives of the Narcotic Drugs and Psychotropic Substances Act, 1985, are as follows:

(1)    Control and Regulation: The Act aims to control and regulate the operations relating to narcotic drugs and psychotropic substances to prevent their misuse, abuse, and diversion for illegal purposes.

(2)    Prevention of Drug Abuse: It seeks to prevent the abuse of narcotic drugs and psychotropic substances and the illicit trafficking of these substances.

(3)    International Compliance: The Act aligns with India's international obligations under various international conventions and treaties, including the Single Convention on Narcotic Drugs, 1961, and the Convention on Psychotropic Substances, 1971.

(4)    Treatment and Rehabilitation: It emphasizes the need for the treatment, rehabilitation, and social reintegration of individuals addicted to narcotic drugs and psychotropic substances.

 

3)       Key Definitions:

The Act provides specific definitions for various terms, some of which include:

(1)    Narcotic Drugs: These are substances derived from the opium poppy, such as opium, morphine, heroin, and substances synthesized from them.

(2)    Psychotropic Substances: These are substances other than narcotic drugs that can affect the central nervous system, leading to changes in behavior, perception, mood, consciousness, or cognition. Examples include LSD, MDMA, and certain prescription medications.

(3)    Manufacture: This term refers to all processes involved in the production, preparation, extraction, and transformation of narcotic drugs and psychotropic substances.

(4)    Cannabis Plant: It includes all parts of the plant Cannabis sativa, from which the resin has not been extracted, including the plant itself, resin, and any mixture or preparation made from it.

(5)    Illicit Trafficking: This covers various activities related to the illegal transport, import, export, sale, purchase, possession, use, storage, warehousing, concealment, use of premises, and dealing in narcotic drugs and psychotropic substances.

(6)    Punishment: The Act prescribes strict penalties, including imprisonment and fines, for offenses related to the illicit trafficking, production, and possession of narcotic drugs and psychotropic substances.

 

Written By :  Harshavardhan Prakash Deshmukh,

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