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NDPS act 1985

(Querist) 29 October 2010 This query is : Resolved 
hello sir,
this is from the NDPS act:

1. Possession of drugs is in itself an offence under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). It does not matter whether the possession is for personal consumption or for any other purpose. The punishment depends upon the quantity of drugs he / she possesses. However, if he / she is charged with either possession of small quantities of drugs or with consumption of drugs and he voluntarily seeks to undergo medical treatment for de– addiction from a hospital or an institution maintained or recognized by the government or a local authority, he / she shall not be liable for prosecution. This immunity from prosecution may be withdrawn if he / she does not undergo the complete treatment for de–addiction.

and in one of the threads here, i learnt that posession of upto 1000gms of 'ganja' is considered 'small quantity' or 'personal' use.

My question is, In a country like India, where Ganja/cannabis/hemp has been used in both Ayurveda and in preparing Drinks and sweets like Bhang Thandai, Bhang sweets..why doesnt the Act have any special sections describing as to how such cases will be dealt with? Everyone knows that on festivals like holi and maha shivaratri bhang is consumed by people of all ages and also politicians (some i know).

Also, when i read an article like this : http://timesofindia.indiatimes.com/life-style/health-fitness/health/For-Holi-and-health-theres-bhang/articleshow/5611390.cms

i wonder why the government allows Media to talk about controlled substances in a way as if its not an offence but it is a part of our 'INDIAN CULTURE"??? this is not just one case, Ganja is considered bad if its described from a narcotic point of view, but is accepted from a 'hindu'/ ayurvedic point of view.. why the bias?
Arul Kumar (Expert) 29 October 2010
The answer is simple, this is waht all about our Democracy. This is same as we have an act which prohibit Child Marriage, at the same time it is allowed on the ground of custom of community.
Devajyoti Barman (Expert) 29 October 2010
Right. Likewise the ritual or custom of SATI is also prohibited.


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