DRUG ENCOUNTER ALWAYS ILLEGAL : A DETAILED ANALYSIS ON INDIAN LAW

We all have seen news flashes relating to drug consumption and sales but, do we know the legal affect of this?  Consumption, selling, purchase of drugs are prohibited by law and, it is an illegal act.

We are governed by an Act called Narcotic Drugs and Psychotropic Substances Act 1985, commonly referred to as the NDPS Act. This Act prohibits a person from the production, consumption, cultivation, possession, manufacturing, sale, purchasing, transport, and or storage of any narcotic drug or psychotropic substance. 

This bill was introduced in Lok Sabha on 23rd August 1985. It was passed in both the houses and got the assent from President Giani Zail Singh on 16th September 1985 and came into force on 14th November 1985. The NDPS Act has been amended thrice, in 1988, 2001, and 2014. The Narcotic Control Bureau (NCB) was set up under this Act in March 1986.

Punishment:-

Anyone who contravenes the NDPS Act will be punished on the basis of the quantity of the substance. Where the contravention involves a small quantity, with rigorous imprisonment for a term which may extend to 1 year or  with a fine which may extend to rupees 10,000 or both. Where the contravention involves a quantity lesser than commercial quantity but greater than a small quantity, with rigorous imprisonment for a term which may extend to 10 years and with fine which may extend to 1 lakh. Where the contravention involves a commercial quantity, with rigorous imprisonment for a term which shall not be less than 10 years but, which may extend to 20 years and with a fine which shall not be less than 1 lakh but, which may extend to 2 lakh.  Then there arises a question that how much amount is considered as small, large, and commercial quantity? In the case of cocaine, the small quantity is 2 grams and the commercial quantity is 100 grams. And in the case of Ganja small quantity is 1 kg and the commercial quantity is 100 kg. In the case of Heroin small quantity is 5 grams and the commercial quantity is 250 grams. So, the amount of small and commercial quantity changes from one drug to another. Criticism:-  However, this Act also has been criticized. The NDPS Act was criticized in The Times of India. The paper described the law as " ill-conceived" and " poorly thought-out" due to the law providing the same punishment for all drugs, which meant the dealers shifted their business on harder drugs where the profit is higher. The Times of India recommend for the legalization of some softer drugs as this might reduce the addiction of heroin. After all, "We should live less out of habit and more out of intent".