Can someone please provide me notes on narcotic drugs if possible as I have chosen this topic for my assigment. Thanks in advance
Asha Pole (Legal) 28 February 2010
Can someone please provide me notes on narcotic drugs if possible as I have chosen this topic for my assigment. Thanks in advance
N.K.Assumi (Advocate) 28 February 2010
Tips for understanding what Narcotic Drugs means:
1.An addictive drug, such as opium, that reduces pain, alters mood and behavior, and usually induces sleep or stupor. Natural and synthetic narcotics are used in medicine to control pain.
2.A soothing, numbing agent or thing: "There was the blessed narcotic of bridge, at the Colony or at the home of friends" (Louis Auchincloss).
adj.
1. Inducing sleep or stupor; causing narcosis.
2. Of or relating to narcotics, their effects, or their use.
3. Of, relating to, or intended for one addicted to a narcotic.
According to Britannica Concise Encyclopedia:
Narcotic means:
Drug that produces analgesia (see analgesic), narcosis (stupor or sleep), and drug addiction. In most people narcotics also produce euphoria. Those that occur naturally in the opium poppy, notably morphine, have been used since ancient Greek times. The main therapeutic use of narcotics is for pain relief. Most countries limit the production, sale, and use of narcotics because of their addictive properties and detrimental effects and the incidence of drug abuse. With the development in the 19th century of the hypodermic needle and of heroin, five to 10 times as potent as morphine, the use and abuse of narcotics increased dramatically. A narcotic overdose can cause central nervous system depression, respiratory failure, and death.
As per the Sci-Tech Encyclopedia Narcotics means:
A drug which when swallowed, inhaled, or injected induces stupor, sleep, and insensibility. Most narcotics are derived from opium, the dried latex of the poppy, Papaver somniferum. Some narcotics, especially morphine and its derivatives, are used in medicine to control moderate to severe pain. However, most have severe side-effects: for example, high doses can reduce breathing movements to the point of asphyxiation. In addition, narcotic use carries a high risk of physical and psychological dependence.
Narcotics have been used as analgesics (painkillers) in sport, enabling athletes to continue to compete with injuries that otherwise would be incapacitating. There is also evidence that some athletes use them to induce a sense of euphoria and reduce feelings of fatigue. The International Olympic Committee has banned their use. Its list of banned substances includes codeine which, in the
The human body produces its own natural narcotics, encephalins and endorphins. These have pain-relieving effects very similar to those of morphine and they also induce a sense of euphoria (see runner's high).
Pharmacology
The pharmacology of narcotics is generally similar to that of morphine, the principal narcotic used for its analgesic effects. Differences among them lie in the potency of their action and in the degree and variety of the side actions which they produce. Effects are those of analgesia, accompanied by a state of euphoria characterized by drowsiness and a change of mood from anxiety and tension to calmness and equanimity. It should be remembered that whatever narcotic is used, the effects are dose-related, and in higher doses all narcotics produce deep sleep and eventually general depression of all brain functions. Death from over dosage is due to depression of the respiratory centers with resultant failure of respiration.
The predominant pharmacological effect of morphine (and the other narcotics) is on the central nervous system. From the standpoint of its medicinal use, its most important action is relief of pain. Along with its valuable medicinal use morphine produces a great many undesirable side actions; the most frequent are depressed respiratory activity, the production of nausea and vomiting, and the inhibition of defecation and urination.
Drug dependence
All narcotics have the potential for producing dependence and addiction when used repeatedly over a period of time. Drug dependence results from compulsive, continued use of the drug, and is characterized by one or more of the following conditions: habituation, tolerance, or addiction.
Like any other habit pattern, habitual use of a drug can develop. Common examples are the use of nicotine in the form of cigarettes, or caffeine in the form of coffee or tea. Such habituation is generally regarded as innocuous.
Repeated ingestion of a drug in which the effect produced by the original dose no longer occurs results in tolerance. To produce the original effect, it is necessary to increase the dose.
When the body develops a dependence for the drug, addiction occurs. If the drug is suddenly stopped after a period of frequent use, a withdrawal syndrome develops, which is characterized by physical pain and widespread body reactions. The addict comes to dread the development of such painful and distressing reactions, and is trapped into continuing the drug.
All narcotics can produce habituation, tolerance, and addiction to a greater or less degree. Addiction to codeine is relatively rare but possible. Addiction to heroin develops rapidly, and this narcotic is therefore exceedingly dangerous.
Actions and Uses
In small doses narcotics have valuable medical uses, numbing the senses, relieving severe pain, and inducing sleep. They are also given preoperatively to relieve pain and anxiety. Common side effects include constipation, nausea, and allergic reactions. In large doses narcotics can be highly dangerous, causing stupor, coma, convulsions, or death. All narcotics are addictive; several morphine derivatives as well as chemically dissimilar narcotics that have been developed for medical use have fewer side effects and are less addictive than morphine, but they are also generally less potent. Unlike general anesthetics such as ether and chloroform, narcotics depress the respiratory center and in low doses relieve pain without inducing sleep. Respiratory depression occurs in newborns whose mothers have been given narcotics such as meperidine (Demerol) during labor. Narcotics differ from barbiturates and other sedatives in that they have no anticonvulsant action; also, narcotics relieve pain, while sedatives do not.
Attempts at Control
There are strict controls on narcotic prescripttion and administration in the
narcotic |
1. pertaining to or producing narcosis.
2. a drug that produces insensibility or stupor.
In veterinary medicine the term narcotic includes any drug that has this effect, but care is needed to avoid confusion with the more common usage of the word to mean the habit-forming drugs—for example, opiates such as morphine and heroin, and synthetic drugs such as meperidine. These can be legally obtained for use in animals only with a veterinarian's prescripttion. The sale or possession of narcotics for other than strictly therapeutic purposes is prohibited by law.
NARCOTIC CONROL LEGAL REGIMES
The Commission on Narcotic Drugs (CND)
The Economic and Social Council established the Commission on Narcotic Drugs (CND) in 1946 as the central policy-making body of the United Nations in drug related matters. The Commission enables Member States to analyzed the global drug situation, provide follow-up to the twentieth special session of the General Assembly on the world drug problem and to take measures at the global level within its scope of action. It also monitors the implementation of the three international drug control conventions and is empowered to consider all matters pertaining to the aim of the conventions, including the scheduling of substances to be brought under international control. D
The Economic and Social Council (ECOSOC) is a body within the United Nations system that serves as the main forum to discuss international economic and social issues and coordinate the related work of the 14 United Nations specialized agencies, functional commissions and five regional commissions. ECOSOC has the power to formulate policy recommendations addressed to Member States and the United Nations system.
The Council’s main responsibilities are to:
- Serve as the main forum to discuss international economic and social issues,
- Promote higher standards of living, full employment and economic and social progress,
- Advance solutions to international economic, social and health-related problems, as well as international cultural and educational cooperation; and
- Encourage universal respect for human rights and fundamental freedoms.
The important discussions fostered by the Council include such global topics as the achievement of the Millennium Development Goals, strengthened emergency humanitarian assistance and coordinated financing for development and development cooperation. ECOSOC promotes the economic and social needs of post-conflict countries and has recently increased its engagement in the work of the United Nations Peace Building Commission. Furthermore, the Council works to secure continuous political commitment from Member States and emphasizes international cooperation and coordination in all aspects of its work.
ECOSOC consults with civil society groups, including non-governmental organizations (NGOs) and the private sector, and is the main body that recommends consultative status to NGOs. Over 3,000 NGOs from around the world now enjoy consultative status with the Council.
The committee is a vital link between NGO's and the key intergovernmental and international agencies involved in drug policy, strategy and control: the Commission on Narcotic Drugs (CND), the International Narcotics Control Board and the United Nations Office on Drugs and Crime (UNODC). Established in 1983, the Committee works with these organisations to provide information on NGO activities, draw attention to areas of concern, build partnerships between governmental and non-governmental organisations and to involve a wide sector of civil society in contributing to the development of global drug policies.
The VNGOC is composed of members representing international, national and local NGOas and represents a key mechanism for NGOs to substantively contribute to global drug policy. I urge you to learn more about the VNGOC by exploring this web site and then to contribute to its work through applying for membership by completing the Membership Application Form and returning it to info@vngoc.org
"Beyond 2008", an initiative of the Committee in partnership with UNODC, provided a platform for civil society to contribute to the review of the 1998-2008 United Nations General Assembly Special Session on illicit drugs. It produced a Declaration and three Resolutions adopted by consensus by all the participants of the Vienna Forum in July 2008. These put forward proposals which command consensus across the rich diversity of philosophies and approaches within the NGO community. We now have the responsibility to build on that consensus and ensure that governments and international agencies draw on the recommendations to create inclusive and effective drug policy, strategy and practice. We have now published a book - Making a Difference - to record the work of Beyond 2008 and the contribution of NGOs from around the world to the UNGASS review. You can download the book at the "Updates" tab and read more about "Beyond 2008" at the B2008 Forum and B2008 Resolutions and follow-up tabs.
To maintain and build on the achievements to date, the VNGOC has prepared and adopted a Strategic Plan and is in the process of operationalising and implementing this. You can read and download the Strategic Plan here. The independent evaluation of "Beyond 2008" also provides many valuable ideas for future development of the work of the VNGOC. The evaluation can be downloaded here or from the UNODC web site.
Much has been achieved in recent years but there is much more to achieve in ensuring that NGOs are valid and valued contributors and partners in the debate and the development of international drug policy. We hope that you will join us in this work through active membership of the VNGOC.
Sincerely,
David Turner
Chair of the VNGOC
In India Narcotic Drugs is controlled by NDPS Act.
NDPS Act
Basic Features of the Narcotic Drugs and Psychotropic
Substances Act, 1985
The NDPS Act 1985 sets out the statutory framework for drug law enforcement in India.The main elements of the control regime mandated by the Act are as follows:
|
|
b) |
The Central Government is empowered to regulate the cultivation production, manufacture, import, export, sale, consumption, use etc of narcotic drugs and psychotropic substances. (Section 9).
|
c) |
State Governments are empowered to permit and regulate possession and inter-State movement of opium, poppy straw, the manufacture of medicinal opium and the cultivation of cannabis excluding hashish. (Section 10).
|
d) |
All persons in
|
e) |
The Central Government is empowered to declare any substance, based on an assessment of its likely use in the manufacture of narcotics drugs and psychotropic substances as a controlled substance. (Section 9-A).
|
f) |
Assets derived from drugs trafficking are liable to forfeiture (Chapter V-A).
|
g) |
Both the Central Government and State Governments are empowered to appoint officers for the purposes of the Act.(Sections 4, 5 and 7). |
The NDPS Act is in effect a comprehensive code not only for the control and regulation of Narcotics Drugs and Psychotropic Substances; but also for the control of selected chemicals - commonly known as precursors - which can be used in the illicit manufacture of narcotic drugs and psychotropic substances, as well as for the investigation and forfeiture of drug related assets.
The power to issue search and arrest warrants, is in terms of Section 41, been vested both in Magistrates as well as in specially designated (Gazetted) officers of the Central and State Governments. This is designed to ensure both timely and effective action in response to any information. In addition, both the Central and the State Governments are authorized to entrust any Officer duly empowered under the Act with the powers of an Officer-in-Charge of a Police Station for the investigation of offences under the Act. It needs to be noted, however, that while the powers to search, seize, arrest etc., are inherent in the Act, all these are subject to both the substantive and procedural safeguards mandated by the Code of Criminal Procedure, in relation, inter-alia, to the presence of independent witnesses at a search, the drawing up of search lists or panchanamas, and the constitutional obligation to produce an arrested person before a Judge within 24 hours etc.
|
|
i) |
Opium can be cultivated only on fields specifically licensed for the purpose. |
ii) |
The entire crop must be tendered to the Central Government at prices fixed by the Government. |
iii) |
Failure to tender the minimum qualifying yield can disentitle the cultivator to a license in the following crop season. |
These policy controls are backed by strict enforcement on the ground which include the measurement of fields, periodical crop surveys and physical checks to prevent diversion. Failure to tender the entire yield to the Government is treated as a serious offence and any cultivator who embezzles or otherwise illegally disposes of the opium produced by him, is in terms of section 19 of the Act, punishable with rigorous imprisonment for a term of between 10 to 20 years and a fine which shall not be less than Rs.100,000/- but which may extend to Rs.200,000/-.
|
|
i) |
The quantity of the drug involved in the offence should be a small quantity as specified by the Central Government. |
ii) |
The onus is on the accused to establish that the drug in question was meant for personal consumption and not for sale, distribution etc |
PRECURSOR CONTROL |
Narcotic Drugs means:
1.An addictive drug, such as opium, that reduces pain, alters mood and behavior, and usually induces sleep or stupor. Natural and synthetic narcotics are used in medicine to control pain.
2.A soothing, numbing agent or thing: "There was the blessed narcotic of bridge, at the Colony or at the home of friends" (Louis Auchincloss).
adj.
1. Inducing sleep or stupor; causing narcosis.
2. Of or relating to narcotics, their effects, or their use.
3. Of, relating to, or intended for one addicted to a narcotic.
According to Britannica Concise Encyclopedia:
Narcotic means:
Drug that produces analgesia (see analgesic), narcosis (stupor or sleep), and drug addiction. In most people narcotics also produce euphoria. Those that occur naturally in the opium poppy, notably morphine, have been used since ancient Greek times. The main therapeutic use of narcotics is for pain relief. Most countries limit the production, sale, and use of narcotics because of their addictive properties and detrimental effects and the incidence of drug abuse. With the development in the 19th century of the hypodermic needle and of heroin, five to 10 times as potent as morphine, the use and abuse of narcotics increased dramatically. A narcotic overdose can cause central nervous system depression, respiratory failure, and death.
As per the Sci-Tech Encyclopedia Narcotics means:
A drug which when swallowed, inhaled, or injected induces stupor, sleep, and insensibility. Most narcotics are derived from opium, the dried latex of the poppy, Papaver somniferum. Some narcotics, especially morphine and its derivatives, are used in medicine to control moderate to severe pain. However, most have severe side-effects: for example, high doses can reduce breathing movements to the point of asphyxiation. In addition, narcotic use carries a high risk of physical and psychological dependence.
Pharmacology
The pharmacology of narcotics is generally similar to that of morphine, the principal narcotic used for its analgesic effects. Differences among them lie in the potency of their action and in the degree and variety of the side actions which they produce. Effects are those of analgesia, accompanied by a state of euphoria characterized by drowsiness and a change of mood from anxiety and tension to calmness and equanimity. It should be remembered that whatever narcotic is used, the effects are dose-related, and in higher doses all narcotics produce deep sleep and eventually general depression of all brain functions. Death from over dosage is due to depression of the respiratory centers with resultant failure of respiration.
The predominant pharmacological effect of morphine (and the other narcotics) is on the central nervous system. From the standpoint of its medicinal use, its most important action is relief of pain. Along with its valuable medicinal use morphine produces a great many undesirable side actions; the most frequent are depressed respiratory activity, the production of nausea and vomiting, and the inhibition of defecation and urination.
Drug dependence
All narcotics have the potential for producing dependence and addiction when used repeatedly over a period of time. Drug dependence results from compulsive, continued use of the drug, and is characterized by one or more of the following conditions: habituation, tolerance, or addiction.
Like any other habit pattern, habitual use of a drug can develop. Common examples are the use of nicotine in the form of cigarettes, or caffeine in the form of coffee or tea. Such habituation is generally regarded as innocuous.
Repeated ingestion of a drug in which the effect produced by the original dose no longer occurs results in tolerance. To produce the original effect, it is necessary to increase the dose.
When the body develops a dependence for the drug, addiction occurs. If the drug is suddenly stopped after a period of frequent use, a withdrawal syndrome develops, which is characterized by physical pain and widespread body reactions. The addict comes to dread the development of such painful and distressing reactions, and is trapped into continuing the drug.
All narcotics can produce habituation, tolerance, and addiction to a greater or less degree. Addiction to codeine is relatively rare but possible. Addiction to heroin develops rapidly, and this narcotic is therefore exceedingly dangerous.
Actions and Uses
In small doses narcotics have valuable medical uses, numbing the senses, relieving severe pain, and inducing sleep. They are also given preoperatively to relieve pain and anxiety. Common side effects include constipation, nausea, and allergic reactions. In large doses narcotics can be highly dangerous, causing stupor, coma, convulsions, or death. All narcotics are addictive; several morphine derivatives as well as chemically dissimilar narcotics that have been developed for medical use have fewer side effects and are less addictive than morphine, but they are also generally less potent. Unlike general anesthetics such as ether and chloroform, narcotics depress the respiratory center and in low doses relieve pain without inducing sleep. Respiratory depression occurs in newborns whose mothers have been given narcotics such as meperidine (Demerol) during labor. Narcotics differ from barbiturates and other sedatives in that they have no anticonvulsant action; also, narcotics relieve pain, while sedatives do not.
Attempts at Control
There are strict controls on narcotic prescripttion and administration in the
narcotic
1. pertaining to or producing narcosis.
NARCOTIC CONROL LEGAL REGIMES
The Commission on Narcotic Drugs (CND)
The Economic and Social Council established the Commission on Narcotic Drugs (CND) in 1946 as the central policy-making body of the United Nations in drug related matters. The Commission enables Member States to analyzed the global drug situation, provide follow-up to the twentieth special session of the General Assembly on the world drug problem and to take measures at the global level within its scope of action. It also monitors the implementation of the three international drug control conventions and is empowered to consider all matters pertaining to the aim of the conventions, including the scheduling of substances to be brought under international control. D
The Economic and Social Council (ECOSOC) is a body within the United Nations system that serves as the main forum to discuss international economic and social issues and coordinate the related work of the 14 United Nations specialized agencies, functional commissions and five regional commissions. ECOSOC has the power to formulate policy recommendations addressed to Member States and the United Nations system.
The committee is a vital link between NGO's and the key intergovernmental and international agencies involved in drug policy, strategy and control: the Commission on Narcotic Drugs (CND), the International Narcotics Control Board and the United Nations Office on Drugs and Crime (UNODC). Established in 1983, the Committee works with these organisations to provide information on NGO activities, draw attention to areas of concern, build partnerships between governmental and non-governmental organisations and to involve a wide sector of civil society in contributing to the development of global drug policies.
The VNGOC is composed of members representing international, national and local NGOas and represents a key mechanism for NGOs to substantively contribute to global drug policy. I urge you to learn more about the VNGOC by exploring this web site and then to contribute to its work through applying for membership by completing the Membership Application Form and returning it to info@vngoc.org
"Beyond 2008", an initiative of the Committee in partnership with UNODC, provided a platform for civil society to contribute to the review of the 1998-2008 United Nations General Assembly Special Session on illicit drugs. It produced a Declaration and three Resolutions adopted by consensus by all the participants of the Vienna Forum in July 2008. These put forward proposals which command consensus across the rich diversity of philosophies and approaches within the NGO community. We now have the responsibility to build on that consensus and ensure that governments and international agencies draw on the recommendations to create inclusive and effective drug policy, strategy and practice. We have now published a book - Making a Difference - to record the work of Beyond 2008 and the contribution of NGOs from around the world to the UNGASS review. You can download the book at the "Updates" tab and read more about "Beyond 2008" at the B2008 Forum and B2008 Resolutions and follow-up tabs.
To maintain and build on the achievements to date, the VNGOC has prepared and adopted a Strategic Plan and is in the process of operationalising and implementing this. You can read and download the Strategic Plan here. The independent evaluation of "Beyond 2008" also provides many valuable ideas for future development of the work of the VNGOC. The evaluation can be downloaded here or from the UNODC web site.
Much has been achieved in recent years but there is much more to achieve in ensuring that NGOs are valid and valued contributors and partners in the debate and the development of international drug policy. We hope that you will join us in this work through active membership of the VNGOC.
Sincerely,
David Turner
In India Narcotic Drugs is controlled by NDPS Act.
Basic Features of the Narcotic Drugs and Psychotropic
b)
The Central Government is empowered to regulate the cultivation production, manufacture, import, export, sale, consumption, use etc of narcotic drugs and psychotropic substances. (Section 9).
c)
State Governments are empowered to permit and regulate possession and inter-State movement of opium, poppy straw, the manufacture of medicinal opium and the cultivation of cannabis excluding hashish. (Section 10).
d)
All persons in
e)
The Central Government is empowered to declare any substance, based on an assessment of its likely use in the manufacture of narcotics drugs and psychotropic substances as a controlled substance. (Section 9-A).
f)
Assets derived from drugs trafficking are liable to forfeiture (Chapter V-A).
g)
Both the Central Government and State Governments are empowered to appoint officers for the purposes of the Act.(Sections 4, 5 and 7).
The NDPS Act is in effect a comprehensive code not only for the control and regulation of Narcotics Drugs and Psychotropic Substances; but also for the control of selected chemicals - commonly known as precursors - which can be used in the illicit manufacture of narcotic drugs and psychotropic substances, as well as for the investigation and forfeiture of drug related assets.
The power to issue search and arrest warrants, is in terms of Section 41, been vested both in Magistrates as well as in specially designated (Gazetted) officers of the Central and State Governments. This is designed to ensure both timely and effective action in response to any information. In addition, both the Central and the State Governments are authorized to entrust any Officer duly empowered under the Act with the powers of an Officer-in-Charge of a Police Station for the investigation of offences under the Act. It needs to be noted, however, that while the powers to search, seize, arrest etc., are inherent in the Act, all these are subject to both the substantive and procedural safeguards mandated by the Code of Criminal Procedure, in relation, inter-alia, to the presence of independent witnesses at a search, the drawing up of search lists or panchanamas, and the constitutional obligation to produce an arrested person before a Judge within 24 hours etc.
i)
Opium can be cultivated only on fields specifically licensed for the purpose.
ii)
The entire crop must be tendered to the Central Government at prices fixed by the Government.
iii)
Failure to tender the minimum qualifying yield can disentitle the cultivator to a license in the following crop season.
These policy controls are backed by strict enforcement on the ground which include the measurement of fields, periodical crop surveys and physical checks to prevent diversion. Failure to tender the entire yield to the Government is treated as a serious offence and any cultivator who embezzles or otherwise illegally disposes of the opium produced by him, is in terms of section 19 of the Act, punishable with rigorous imprisonment for a term of between 10 to 20 years and a fine which shall not be less than Rs.100,000/- but which may extend to Rs.200,000/-.
i)
The quantity of the drug involved in the offence should be a small quantity as specified by the Central Government.
ii)
The onus is on the accused to establish that the drug in question was meant for personal consumption and not for sale, distribution etc
PRECURSOR CONTROL
Narcotics have been used as analgesics (painkillers) in sport, enabling athletes to continue to compete with injuries that otherwise would be incapacitating. There is also evidence that some athletes use them to induce a sense of euphoria and reduce feelings of fatigue. The International Olympic Committee has banned their use. Its list of banned substances includes codeine which, in the
The human body produces its own natural narcotics, encephalins and endorphins. These have pain-relieving effects very similar to those of morphine and they also induce a sense of euphoria (see runner's high).
2. a drug that produces insensibility or stupor.
In veterinary medicine the term narcotic includes any drug that has this effect, but care is needed to avoid confusion with the more common usage of the word to mean the habit-forming drugs—for example, opiates such as morphine and heroin, and synthetic drugs such as meperidine. These can be legally obtained for use in animals only with a veterinarian's prescripttion. The sale or possession of narcotics for other than strictly therapeutic purposes is prohibited by law.
The Council’s main responsibilities are to:
- Serve as the main forum to discuss international economic and social issues,
- Promote higher standards of living, full employment and economic and social progress,
- Advance solutions to international economic, social and health-related problems, as well as international cultural and educational cooperation; and
- Encourage universal respect for human rights and fundamental freedoms.
The important discussions fostered by the Council include such global topics as the achievement of the Millennium Development Goals, strengthened emergency humanitarian assistance and coordinated financing for development and development cooperation. ECOSOC promotes the economic and social needs of post-conflict countries and has recently increased its engagement in the work of the United Nations Peace Building Commission. Furthermore, the Council works to secure continuous political commitment from Member States and emphasizes international cooperation and coordination in all aspects of its work.
ECOSOC consults with civil society groups, including non-governmental organizations (NGOs) and the private sector, and is the main body that recommends consultative status to NGOs. Over 3,000 NGOs from around the world now enjoy consultative status with the Council.
Chair of the VNGOCNDPS Act
Substances Act, 1985
The NDPS Act 1985 sets out the statutory framework for drug law enforcement in India.The main elements of the control regime mandated by the Act are as follows:
a)
The cultivation, production, manufacture, possession, sale, purchase, transportation, warehousing, consumption, inter-State movement, transshipment and import and export of narcotic drugs and psychotropic substances is prohibited, except for medical or scientific purposes and in accordance with the terms and conditions of any license, permit or authorization given by the Government. (Section 8)
ENFORCEMENT
Given India's size and the federal nature of our polity, a number of agencies both at the Centre and in the States have been empowered to enforce the provisions of the Act. These agencies include the Department of Customs and Central Excise, the Directorate of Revenue Intelligence, the Central Bureau of Narcotics and the Central Bureau of Investigation at the Central level and State Police and Excise Departments at the State level. The Union Ministries of Social Justice and Empowerment and Health are responsible for the demand reduction aspects of drug law enforcement which broadly covers health-care and the deaddiction, rehabilitation and social reintegration of addicts.
Section 4(3) of the Act envisages the creation of a Central Authority to coordinate the activities of the various Central and State agencies involved in drug law enforcement, to implement India's obligations under various international conventions, and to coordinate with international organizations and authorities in foreign countries in the prevention and suppression of the illicit traffic in narcotic drugs and psychotropic substances. In terms of this provision, the Narcotics Control Bureau was set up by the Central Government in 1986 with the broad remit to coordinate drug law enforcement nationally.
The empowerment of a large number of agencies under the NDPS Act ensures that
INVESTIGATIVE PROCEDURES
Chapter V of the NDPS Act (Sections 41 to 68) sets out the powers as well as the procedures for the investigation of offences under the Act. This Chapter empowers officers duly authorized by the Central Government or a State Government to issue warrants, to enter and search premises, to stop and search conveyances, to seize narcotic drugs and psychotropic substances, to take statements and to arrest persons suspected of having committed an offence, punishable under the Act.
LICIT OPIUM CULTIVATION
Section 8 of the NDPS Act, inter-alia, prohibits the cultivation of the opium Poppy, except for medical and scientific purposes and in accordance with the terms and conditions of a license, permit or authorization given by the Government. Section 9, inter-alia, empowers the Central Government to permit and regulate the cultivation of the opium poppy. Section 5 requires the Central Government to appoint a Narcotics Commissioner who shall exercise all powers and perform all functions relating to the superintendence of the cultivation of the opium poppy and the production of opium.
SPECIAL PROVISIONS RELATING TO FORFEITURE OF PROPERTY.
A new Chapter, Chapter V-A, was introduced into the Act in May 1989 to provide for the investigation, freezing, seizure and forfeiture of property derived from or acquired through illicit trafficking in narcotic drugs and psychotropic substances. This Chapter prohibits any person from holding any property derived from drug trafficking and authorizes officers empowered under the Act to investigate, identify and seize such property. The Chapter also sets out a quasi- judicial procedure for the forfeiture of such property consequent to which it shall vest in the Central Government.
OFFENCES AND PENALTIES
Chapter IV, (Sections 15 to 40) sets out the penalties for offences under the Act. These offences are essentially related to violations of the various prohibitions imposed under the Act on the cultivation, production, manufacture, distribution, sale, import and export etc. of narcotic drugs and psychotropic substances. All these offences are triable by Special Courts and the punishments prescribed range from imprisonment from
The Act, however, makes a distinction between possession for personal consumption and trafficking, the punishment for the former being limited to between six months and one year only. The application of this provision is subject to the following two qualifications:
The 1988 U.N. Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances to which
In exercise of its powers under the Act, the Central Government has so far notified Acetic Anhydride, which is used in the processing of opium into heroin, N-Acetylanthranilic acid which is used in the illicit manufacture of Methaqualone and Ephedrine and Pseudoephedrine, which are used in the illicit manufacture of amphetamine type stimulants, as controlled substances.
Asha Pole (Legal) 28 February 2010
Thanks a million Sir. I am so grateful to you. I was googling for past few hours to get this info . You have made my life easy, thank you once again Sir.