Punishment for possession of drugs

Vijaya Gupta | School of Law, Bennett University | 28th September 2020

Introduction

 Drug abuse is a social evil that is harming many people across the world. Drugs and narcotics have been used since ancient times. In India, opium drug was first introduced in 2000 B.C and was used as medicines for curing diseases. But later, people started getting addicted to it and consume it in large quantities. Later, the cultivation of the Opium started along with the western coast of the country on a large scale. When the East India Company entered India, they found that opium was a great source of business and started exporting to other nations. The Britishers made the business of opium into large scale commercial enterprise, consolidating and bringing cultivation and manufacture of opium under the control through the Opium Acts of 1857.^[1] Further, the Indian Government wanted to curb the use of the drug in the nation and this became their major policy goal of every leader in the country. There were many provisions passed in the country to eliminate drug use in the country. In the year 1930, the government enacted the Dangerous Drugs Act, 1930 under which there was control over the use of the drugs and the punishments on the usage. After a few years of independence, the Indian Government passed the Narcotic Drugs and Psychotropic Substances, 1985. Under this Act, all the illegal buying, selling and exporting, manufacturing, consuming all were seized. This Act replaced the Opium Act, 1857, and Dangerous Act, 1930.

Legal Framework for the possession of Drugs

India is a party to the three United Nations drug convention: the 1961 Single Convention on Narcotics Drugs (1961 Convention),  the 1971 Convention on Psychotropic Substances (1971 Convention), and the 1988 Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988 Convention). Therefore, the Government passed the Narcotic Drugs and Psychotropic Substances, 1985 (hereinafter NDPS Act) which came into the force on 14^th November 1985. The NDPS Act prohibits the sale, cultivation, production, possession, purchase, trade, import, export, consumption of narcotic drugs or psychotropic substances except for medicinal purposes. The main aim of the NDPS Act was to make stringent provisions for the control and regulations of operations relating to narcotics drugs and psychotropic substances besides providing for the forfeiture derived from or used in the illicit trafficking of drugs.  

The Act covers three kinds of substances viz. Narcotic Drugs- covered under the 1961 Convention, Psychotropic Substances- covered under the 1971 Convention and Controlled Substances that are used to make narcotic or psychotropic substances. Narcotic Drugs mean cannabis, opium, coca plant or leaf, poppy straw, and all manufactured drugs.^[2] Psychotropic Substances means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule.^[3] The NDPS Act states the procedure or search, seizure, and arrest for a person in public and private places. It also states about the stringent punishments to the accused which are enforced by the Court under this Act.^[4]

Amendments in the NDPS Act

There were three amendments in the NDPS Act in the years 1989, 2001, and 2014. In 2001, there was an amendment made in the Act which stated the punishment based on the quantity involved i.e. small, commercial, or intermediate. There was another amendment in 2014 in which the legislation introduced a new term ‘essential narcotic drugs’, making the death penalty for a subsequent offence involving a certain quantity of drugs under Section 31A, enhanced punishment for small quantity offences from a maximum of six months to one-year imprisonment, more elaborate provisions of forfeiture of property of persons arranged on charges of drug trafficking.^[5]

Office of the Controller under the NDPS Act

The Central Government with the coordination of State Governments has the power to take measures for preventing and combating abuse of narcotic drugs and psychotropic substances.^[6] The enforcement of the provisions of the NDPS Act is looked at by various agencies such as NCB, Customs, and Central Excise, State Police, Enforcement Directorate, Central Bureau of Investigation, etc. All these agencies play an important role in this provision. The Narcotic Control Bureau coordinates all the drug-related matters in the country.  

Punishment

Possession and consumption of drugs are considered as a serious crime in our country. Therefore, there are very strict and stringent punishments for the same under the NDPS Act, 1985. The punishment is based upon the number of drugs consumed or possessed by the owner. Under the NDPS Act, there is separate punishment for every type of drug or psychotropic substance.

The harshest punishment under the NDPS Act is the death punishment. This punishment is given to the person if he/ she is engaged in the possession, production, transportation, import, or export of drugs or psychotropic substances given in the table.^[7] The consumption of drugs such as cocaine, morphine, or any other psychotropic substances by any person was punished with rigorous imprisonment which may extend to one year or a fine which may extend to twenty thousand rupees or both.^[8]But if a person is arrested under the Act for minor offences like consumption of small quantities of narcotics drugs or psychotropic substances is entitled to bail.^[9]

Treatment for the Drug dependence

The Central Government and the NDPS Act have different ways to support the treatment for drug addicts. A National Fund was created by the NDPS Act to control drug abuse. This Fund can be made by any person or institution, the sale proceeds of any property forfeited, any amount which the Central Government may provide after the appropriation made by the Parliament, and the income from investment of the amounts.^[10]

There are many treatment centers are opened by the Central and State Governments in the country which is also known as de-addiction centers. This service is available through government hospitals, NGOs, psychiatric hospitals, nursing centers, or private de-addiction centers.

Conclusion

In India, drug abuse is considered as a more heinous crime than the murder because it impacts negatively impacting youngsters and society. By the enactment of the NDPS Act by the Central Government has helped to control the drug abuse by granting capital punishment or rigorous imprisonment to the drug addicts and the owners. But by the enactment, not all the drug trafficking and the drug owners cannot be caught. The Government has to create a  separate database with all the drug owners and trafficking with the help of evidence. Also, there can be an accumulation of information on drug dependence, substance use, and the impact on the health of the people in the society. Therefore, there must be more rules regarding drug abuse and trafficking as it is spreading widely in the country.

FAQs

^[1] Tripti Tandon, Drug Policy in India, International Drug Policy Consortium, 2015.

^[2] Section 2(xiv), NDPS Act, 1985. 

^[3] Section 2(xxiii), NDPS Act, 1985. 

^[4] State of Punjab v. Baldev Singh, (1999) 6 SCC 172. 

^[5] Supra Note 1. 

^[6] Section 4, NDPS Act, 1985. 

^[7] Section 31A, NDPS Act, 1985.

^[8] Section 27, NDPS Act, 1985.

^[9] Shaji v. State of Kerala, 2004 (3) KLT 270.

^[10] Section 7A, NDPS Act, 1985.