NDPS UNIT 2 Notes

Law relating to NDPS: UNIT 2 Notes
1. Prohibition, Control and Regulation
The law relating to Narcotic Drugs and Psychotropic Substances (NDPS) in India aims to
prohibit, control, and regulate the production, manufacture, possession, sale, purchase,
transport, warehousing, use, consumption, import, inter-State, export, and distribution
of narcotic drugs and psychotropic substances. Here's an overview of the key aspects of
the NDPS Act:
1. Prohibition:
• The NDPS Act, 1985, prohibits the production, manufacture, possession, sale,
purchase, transport, warehousing, use, consumption, import, export, and
distribution of narcotic drugs and psychotropic substances except for medical
and scientific purposes and under government license.
• The Act lists various narcotic drugs and psychotropic substances and categorizes
them into different schedules based on their potential for abuse and medical use.
Substances listed under Schedule I are considered highly addictive and have
limited or no medical use, while those under Schedule II are less addictive and
have recognized medical use.
2. Control and Regulation:
• The NDPS Act establishes stringent controls and regulations to prevent the
misuse and diversion of narcotic drugs and psychotropic substances.
• It mandates the licensing of manufacturers, cultivators, sellers, and distributors
of narcotic drugs and psychotropic substances for medical and scientific
purposes.
• The Act sets out procedures for the issuance, renewal, suspension, and
cancellation of licenses, as well as requirements for record-keeping, reporting,
and inspection of licensed premises.
• Import, export, and transit of narcotic drugs and psychotropic substances are
regulated by the Central Government and subject to specified conditions and
restrictions.
3. Penalties:
• The NDPS Act prescribes severe penalties for offenses related to narcotic drugs
and psychotropic substances to deter illegal activities and ensure effective
enforcement.
• Offenses under the Act include possession, production, cultivation, sale,
purchase, transportation, warehousing, financing, or aiding and abetting illegal
activities involving narcotic drugs and psychotropic substances.
• Penalties for offenses vary depending on the quantity and type of substance
involved, with provisions for imprisonment ranging from rigorous imprisonment
for a term not less than 10 years and extendable to 20 years or for life and with
fine not less than ₹1 lakh and extendable to ₹2 lakhs.
4. Enforcement:
• The enforcement of the NDPS Act is the responsibility of various law

enforcement agencies, including the Narcotics Control Bureau (NCB) at the
central level and state police departments at the state level.
• These agencies are empowered to investigate offenses, conduct raids, seize
contraband, arrest suspects, and prosecute offenders in accordance with the
provisions of the Act.
• Special courts and tribunals have been established to adjudicate cases related to
narcotic drugs and psychotropic substances, ensuring expeditious trials and
effective enforcement of the law.
In summary, the NDPS Act provides a comprehensive legal framework for prohibiting,
controlling, and regulating narcotic drugs and psychotropic substances in India.
Through its stringent provisions and penalties, the Act aims to combat drug abuse and
trafficking, protect public health and safety, and promote responsible use of controlled
substances for medical and scientific purposes. Effective enforcement of the NDPS Act is
essential for addressing the challenges posed by illicit drug trade and ensuring the well-
being of society.
2. Offenses, Penalties And punishments

The law relating to Narcotic Drugs and Psychotropic Substances (NDPS) in India
prescribes strict penalties and punishments for various offenses related to the
production, manufacture, possession, sale, purchase, transport, warehousing, use,
consumption, import, export, and distribution of narcotic drugs and psychotropic
substances. Here's an overview of the offenses, penalties, and punishments under the
NDPS Act, 1985:
1. Offenses:
• Possession: Unlawful possession of narcotic drugs or psychotropic substances
without a valid license or prescription.
• Production and Manufacture: Unauthorized production, cultivation,
manufacture, extraction, preparation, possession, offering for sale, purchase, or
any other activity related to narcotic drugs and psychotropic substances.
• Sale and Purchase: Illegal sale, purchase, or distribution of narcotic drugs or
psychotropic substances.
• Transport and Trafficking: Transportation, transfer, import, export, and
trafficking of narcotic drugs or psychotropic substances.
• Financing and Aiding: Financing, directly or indirectly, any of the activities
mentioned above, or knowingly allowing premises to be used for any of these
activities.
2. Penalties:
• The NDPS Act categorizes offenses based on the quantity and type of substance
involved, and it prescribes stringent penalties accordingly.
• The penalties include imprisonment and fines, with higher penalties for offenses
involving commercial quantities or repeat offenses.
• Offenses related to small quantities of narcotic drugs or psychotropic substances
may attract lesser penalties, while offenses involving commercial quantities or
repeat offenses may lead to harsher punishments.
3. Punishments:
• Rigorous Imprisonment: Offenders may be sentenced to rigorous imprisonment

for varying terms depending on the gravity of the offense and the quantity of
substances involved.
• Life Imprisonment: For certain serious offenses, including repeat offenses or
offenses involving large quantities of drugs, life imprisonment may be imposed.
• Fine: Offenders may be fined a substantial amount in addition to imprisonment,
with higher fines for offenses involving commercial quantities or repeat offenses.
• Confiscation of Property: The NDPS Act empowers authorities to confiscate
assets, properties, and proceeds derived from or used in the commission of
offenses under the Act.
4. Special Courts:
• The NDPS Act provides for the establishment of special courts and tribunals to
adjudicate cases related to narcotic drugs and psychotropic substances.
• These courts are tasked with expeditiously hearing and disposing of cases to
ensure swift justice and effective enforcement of the law.
• Special courts have the authority to impose the prescribed penalties and
punishments under the NDPS Act.
In summary, the NDPS Act imposes severe penalties and punishments for offenses
related to narcotic drugs and psychotropic substances to deter drug abuse, trafficking,
and related criminal activities. By providing stringent legal provisions and establishing
specialized courts, the Act aims to combat the drug menace and protect public health
and safety. Effective enforcement of the NDPS Act is crucial for addressing the
challenges posed by drug abuse and trafficking and ensuring the well-being of society.

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Law relating to NDPS: UNIT 2 Notes

1. Prohibition, Control and Regulation

2. Control and Regulation:

• The enforcement of the NDPS Act is the responsibility of various law

2. Offenses, Penalties And punishments

• Rigorous Imprisonment: Offenders may be sentenced to rigorous imprisonment

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