16 Sep Full text containing the act, Narcotic Drugs and Psychotropic Substances Act, , with all the sections, schedules, short title, enactment date. SUBSTANCES ACT, INTRODUCTION. The statutory control over narcotic drugs was being exercised under The. Opium Act, , The Opium Act, To combat this, the Government of India formulated the Narcotic Drugs and Psychotropic Substances (NDPS) Act, , which provides the current framework.
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Narcotic Drugs and Psychotropic Substances Act, 1985
Prohibition of holding illegally acquired property. Failure of officer in duty or his connivance at the contravention of the provisions of this Act. Service of notices and orders. In all cases, the court may impose a higher fine, for reasons to be recorded in the judgment.
Security for abstaining from commission of offence. Police to take charge of articles seized and delivered.
Alcohol, society and the state: Regarding “excessive” use of the drug, the Commission concluded that it “may certainly be accepted as very injurious, though it must be admitted that in many excessive consumers the injury is not clearly marked”. However, India opposed the move, and withstood American pressure to make cannabis illegal for nearly 25 years. In this section “culpable mental state” includes intention, motive, knowledge of a fact and belief in, or reason to believe, a fact.
It extends to the whole of India.
Narcotic Drugs and Psychotropic Substances Act, – Wikipedia
Enhanced punishment for certain offences after previous conviction. Indian J Community Med.
The limitations on granting of bail are in addition to the limitations under the Code of Criminal Procedure, or any other law for the time being in force on granting of bail.
Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section No person shall engage in or control any trade whereby a narcotic drug or psychotropic substance is obtained outside India and supplied to any person outside India save with the previous authorization of the Nd;s Government and subject to such conditions as may be imposed by that Government in this behalf.
Application of Code to proceedings before a Special Court.
Narcotic Drugs and Psychotropic Substances Act, | Bare Acts | Law Library | AdvocateKhoj
Disposal of acf arrested and articles seized. Power of Central Ndpe to give directions. Any person who contravenes any provision of this Act or any rule or order made or condition of license granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, export inter-State, or uses any psychotropic substance shall be punishable with rigorous imprisonment for a term which shall not be less than ten year but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.
Power to take possession. THE REASONS The reasons for not including alcohol in the NDPS Act are many, the important ones being a prevailing social acceptance even for frequent self-induced intoxication;[ 5 ] b the high revenues earned by the Government on the sale of alcoholic beverages; c prevalence of illicit and locally brewed undistilled forms of alcohol is very high in society and d there may be differences in the clinical course of alcohol dependence contrary to other drugs like opium which have been included in NDPS.
Any person who contravenes any provision of this Act, or any rule or order made or condition of license granted thereunder cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses opium shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.
Information as to commission of offences. It was passed by both the Houses of Parliament, received assent from then President Giani Zail Singh on 16 Septemberand came into force on 14 November The Amendment also removed the NDPS Act’s imposition of a mandatory death sentence in case of a repeat conviction for trafficking large quantities of drugs, giving courts the discretion to use the alternative sentence of 30 years imprisonment for repeat offences.
Prevalence and pattern of alcohol and substance abuse in urban areas of Rohtak city. Different forms of alcohol have been used in various human societies at least since the beginning of recorded history. Retrieved from ” https: Provisions of the Code of Criminal Procedure, to apply to warrants, arrests, searches and seizures. Alcohol use is also not included in the NDPS Act, ,[ 14 ] which is unacceptable as it has been shown that the presence of strict controls and prohibition imposed in many places in the early 20 th century were associated with lower levels of consumption and rates of alcohol-related problems, which rose substantially on relaxation of these controls.
Unlawful Activities Prevention Act. Special provisions relating to coca plant and coca leaves for use in the preparation of flavoring agent. Immunity from prosecution to addicts volunteering for treatment. Central Government and State Governments to have regard to international conventions while making rules. Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant.
The Governing Body shall consist of a Chairman not below the rank of an Additional Secretary to the Central Government and such other members not exceeding six as the Central Government may appoint. Notice of forfeiture of property.