📘 Narcotic Drugs and Psychotropic Substances Act – NDPS Act (1985)

✅ I. Introduction:

• The NDPS Act, 1985 is an Act of the Parliament of India that prohibits the production, manufacture, possession, sale, purchase, transport, warehousing, use, consumption, import inter-State, export inter-State, import into India, export from India or transshipment of narcotic drugs and psychotropic substances, except for medical and scientific purposes.
• It came into force on 14th November 1985 and replaced earlier laws like the Opium Act, 1857, Opium Act, 1878, and Dangerous Drugs Act, 1930.
• The Act is in line with International Conventions, such as the Single Convention on Narcotic Drugs (1961) and the Convention on Psychotropic Substances (1971).

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✅ II. Historical Background:

• Narcotics and Psychotropic Drugs Act 1965: There was no such formal act in 1965 titled this way, but India had older fragmented laws (e.g., Dangerous Drugs Act, 1930). The NDPS Act, 1985 consolidated and strengthened existing laws to comply with global obligations under the United Nations Conventions.

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✅ III. Key Definitions:

• Narcotic Drugs: Opium, Morphine, Heroin, Codeine, etc.
• Psychotropic Substances: LSD, Amphetamines, MDMA, etc.
• Controlled Substances: Chemicals used in making narcotic drugs, e.g., acetic anhydride, ephedrine.

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✅ IV. Objectives of the NDPS Act:

1. To control and regulate operations related to narcotic drugs and psychotropic substances.
2. To prevent and combat drug abuse and illicit trafficking.
3. To promote lawful use for medical and scientific purposes.

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✅ V. Important Provisions:

Section	Provision
Sec 8	Prohibits trade/use unless for medical/scientific purpose
Sec 20	Punishment for cannabis-related offences
Sec 21	Punishment for contravention in psychotropic substances
Sec 25	Punishment for allowing premises to be used for offence
Sec 27	Punishment for consumption
Sec 37	Deals with bail provisions – bail is difficult in serious offences

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✅ VI. Punishments (Based on Quantity):

Quantity	Punishment
Small Quantity	Upto 1 year or ₹10,000 fine or both
More than Small but Less than Commercial	Upto 10 years and ₹1 lakh fine
Commercial Quantity	10–20 years imprisonment and ₹1–2 lakh fine (or more by court’s discretion)

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✅ VII. Authorities Under NDPS Act:

• Narcotics Control Bureau (NCB) – National agency responsible for coordination and enforcement.
• State Excise Departments – Play local enforcement roles.
• Judiciary – Special NDPS Courts are established for trials.

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✅ VIII. Amendments:

1. Amendment Act, 1988 – Strengthened provisions.
2. Amendment Act, 2001 – Introduced graded punishment system.
3. Amendment Act, 2014 – Allowed more medical use of essential narcotic drugs like Morphine.

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✅ IX. Criticisms of NDPS Act:

• Stringent bail conditions.
• No differentiation between drug users and traffickers.
• Focus on punishment more than rehabilitation (improved in recent years).

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✅ X. Golden One-Liners for Revision:

• NDPS Act was enacted in 1985, came into force on 14th November 1985.
• It replaces all earlier fragmented drug laws in India.
• NCB is the chief enforcement agency under this Act.
• Offences under commercial quantity are non-bailable and cognizable.
• The Act applies to citizens of India, vessels and aircrafts even outside Indian territory.

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✅ XI. Top 5 MCQs for Practice:

1. NDPS Act was enacted in which year?
   A) 1961
   B) 1985
   C) 1990
   D) 2001
   Answer: B) 1985
   Rationale: The NDPS Act was enacted on 14th November 1985 to control drug abuse and trafficking.
2. Which agency enforces NDPS Act at the national level?
   A) CBI
   B) NCB
   C) ED
   D) IB
   Answer: B) NCB
   Rationale: Narcotics Control Bureau (NCB) is the chief agency for enforcing NDPS Act provisions.
3. Punishment for possession of commercial quantity of narcotics is—
   A) 1 year imprisonment
   B) 10 years and ₹1 lakh fine
   C) 10–20 years and up to ₹2 lakh fine
   D) No punishment
   Answer: C) 10–20 years and up to ₹2 lakh fine
   Rationale: NDPS Act prescribes strict penalties for commercial quantities.
4. NDPS Act allows use of narcotic drugs for—
   A) Recreational use
   B) Scientific and medical purposes
   C) Religious purposes
   D) None of the above
   Answer: B) Scientific and medical purposes
   Rationale: The Act permits use of drugs only for legal medical and scientific reasons.
5. Which section of NDPS Act deals with bail conditions?
   A) Sec 8
   B) Sec 25
   C) Sec 27
   D) Sec 37
   Answer: D) Sec 37
   Rationale: Section 37 lays down strict provisions regarding granting bail.