Know The Law
What Is Substance Abuse?
The use of drugs and their effect is evidently widespread in India. Substance abuse is a grave issue and it can happen with misguided use of prescribed drugs, or any other categorized class of drugs.
They can give us a pleasurable "high," which results in easing your stress, or help us in avoiding problems in our life. Substance abuse has society and stretches out to adversely affect a country's economic growth country.
In India, there is widespread availability of drugs in modern as well as modern societies, but there is also stringent enforcement of anti-drug policies. It can be observed that the Indian drug policies are based on the demand and supply chain. We endure the use of drugs, and at the same time, we prohibit using them.
However, the current legal framework in India to prevent the use of substance drugs is governed by the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called as NDPS Act). The Act of 1985 was passed almost after 25 years when India signed the first United Nations Convention on Narcotics control in 1961. The Act has been amended thrice after coming into force. It prohibits cultivation, production, sale, purchase, possession, use, consumption, import, and export of narcotic drugs and psychotropic substances except when used for a scientific or medical purpose.
The NDPS Act stipulates the procedure to be followed in case of any search or seizure regarding narcotic drugs, psychotropic substances, or controlled substances used in manufacturing medicines. The procedure to arrest a person in relation to an offense under the NDPS Act has also been provided forth.
Meanwhile, the process of investigation and permissibility of evidence are interpreted in such a way that they are counterproductive to the cause of the accused. It can be stated that the NDPS Act is a punitive and penal statute, the Act also contains a regulatory framework. It also empowers the Central and the State government to frame rules and regulations with respect to the drug-use activities within the territory. The regulatory framework also paves the supply of registered users for healthcare purposes.
The NDPS Act is so stringent that it is evident that the death penalty has also been included as a punishment under the Act. Under their discretionary power, the courts can award a death sentence in the case of certain repeated offenses like manufacture, production, import, export, possession, and transportation involving large quantities of drugs prohibited therein.
Mentioned below are some drugs which are considered as narcotics drugs, and thus, common use of them has been prohibited by the NDPS Act:
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Coca Plant- Leaf or other derivatives including cocaine. It also includes any preparation which contains 0.1% cocaine.
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Opium- This category includes poppy straw, poppy plant, opium poppy juice, and any preparation having 0.2% morphine. Derivatives of opium include morphine, heroin, thebaine, etc.
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Cannabis- Resin (Charas and Hashish), plant, fruit tops and flowering of the plant (Ganja), or any mixture of Ganja, Charas and Hashish are all included in this category. It is important to note that cannabis leaves i.e., bhang is excluded from this category and is regulated by the state laws.