FLYING INDIA? – EFFECTIVENESS OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985

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This article was written by Sparsh Mehra, a student of National University of Juridical Sciences, Kolkata.

Narcotic Drugs and Psychotropic Substances lead to the various illness among people and are dangerous intonation and entire mankind. Accidents and the Healthcare cause a great effect to the economy of a Country. The cultivation of narcotic plants and the processing of drugs have made an adverse effect on the environment and these are carried out in the remote places. In this Paper, I will discuss issues related to the ban cultivation of drugs. Cultivation of drugs causes and danger to the flora and fauna and leads to ecological imbalance Because of the change in the socio-economic values and priorities, related to the drug abuse situation in our Country is changing fast. In India, the laws related to the Narcotic Drugs were made very early. The Opium Act, 1857 and the Opium Act, 1878 made by British government to protect and controls the activities related to the opium in India. In 1989, NDPS Act was strengthening as its first amendment was made in that year. It was further amended in 2001.

Moreover, in this paper I will discuss the various issues related to drug abuse in India. Besides this, I will discuss the objectives of Drug Control and its Policy under the NDPS Act and the measures taken by the Government to control the drug abusage in the country. There are various chapters in NDPS Act. I will discuss some of the chapters in this paper. Chapter 2 provides information of the drug usage in the country whereas; Chapter 3 gives the historical background of international legal control on drugs and psychotropic substances. There are various topics in these chapters which are written in this paper. I will discuss more about the provisions of Section 41 42 and 43 which are in chapter 5 of the act which deals with the procedure of issue of warrant. Lastly I will discuss about epidemiology related to the regional studies and national studies.

I. INTRODUCTION

The drugs are the substances which are now being abused all over the world and are really dangerous for health. Let’s talk about our country India. In our country there are large consumers of different type of drugs. India is facing serious problem because of this.

The states like Punjab and Goa[1] deeply affected by the usage of drugs.[2] Due to increase in the number of substance abusers the Narcotics Drugs and Psychotropic Act[3] has been very strict. The main feature of this act[4] is to provide obligation towards the US conventions.[5] This act ensures that whoever is caught in drugs abuse must be given a strict punishment so that he or she should never repeat that activity. The UN single convention on Narcotic Drugs, 1961 and The Convention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 aims to achieve the healthy world without drug abuse.[6]

In India, various ministers and departments of government are taking measures to decrease the drug abuse by decreasing the drug demand and supply reduction. Ministry of Finance, State Governments and Ministry of Home Affairs are taking various steps to decrease the supply of drugs. The persons who are drug addicted they are treated and Rehabilitation to the Ministry of Health and the demand reduction is controlled by Ministry of Social Justice and Empowerment.[7]

II. DRUG CONTROL STRATEGY AND POLICY

        II.I. OBJECTIVES

The objectives of this act are to consolidate and amend the existing law relating to the Narcotic Drug. This act helps in making the stringent provision for the control and regulation of operations related to the narcotic drugs and psychotropic substances.[8] It helps in enhancing the penalties particularly for trafficking offences. It helps in making the provisions for implementation of international convention relating to the Narcotic Drugs and Psychotropic Substances to which India is party.[9]

II.II.   DEFINATION OF DRUGS UNDER ACT

Cannabis[10] is of various types

• Charas separated resin in whatever form whether crude or purified Cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish.
• Ganja what is the flowering of rooting top of the Cannabis plant. It is meant by excluding the seeds and the leaves when they are not accompanied by the tops.
• And any mixture with or without any neutral material of any of the above forms of Cannabis or any drink prepared there from.[11]

Coca derivatives means

• Crude cocaine that is any extract of Coca leaf which can be used directly or indirectly for the manufacture of Cocaine.[12]
• Ecgonine and all derivatives of Ecgonine from which it can be recovered.
• Cocaine[13] that is methyl ester of benzoyl- ecgonine and its salt; and
• All the preparations containing more than 0.1 percent of Cocaine.[14]

Narcotic Drugs or Psychotropic Substances includes

• All processes other than the production by which such Drugs or Substances may be contained.[15]
• Refining all transformation of such drugs or substances.[16]
• Making of preparation with or containing such drugs or substances.[17]

Manufacture Drugs means

• All Coco derivatives, Medicinal Cannabis, Opium derivative and poppy straw concentrate.
• Any other narcotic substance or preparation which the central government may having regard to available information as to its nature or to a decision if any under any international convention buy notification in drug official Gazette declared to be manufactured drugs.[18]

Medicinal Cannabis that is medicinal hemp, means any extract or tincture of Cannabis.[19] Narcotics commissioner means narcotics commissioner appointed under Section 5.[20] Narcotic drug means coca leaf, cannabis, opium, poppy straw and includes all manufactured drugs. Opium means the coagulated juice opium poppy and any mixture with or without any neutral material of the coagulated juice of opium poppy but does not include any preparation containing not more than 0.2 percent of morphine.[21]

Opium derivative means

1. Medical opium.
2. Prepaid opium.

• Phenanthrene alkaloids such as morphine, codeine , the baine and their salts

1. Diacetyl morphine and it salts.
2. All preparation containing more than 0.2 percent of morphine for any amount of diacetyl morphine.

Opium poppy means the plant of species papaver somniferum L and the plant of any other species of papaver from which opium for any other phenanthrene alkaloids can be extracted and which the central government may be official gazette declared to be opium poppy for the purpose of this act.[22]

Poppy straw means all parts of the opium poppy after harvesting weather in their original form or cut crushed of powdered and whether or not juice has been extracted there from.[23]

Psychotropic substance means any substance natural or synthetic or any other natural material or any salt on preparation of such substance or material included in the list of psychotropic substances specified in the schedule.[24]

Controlled substance means in a substance which the Central Government may having regard to the available information as to its possible use in the production or manufacturer of Narcotic Drugs and Psychotropic Substances what is the provision of any International Convention by notification in the gazette declared to be a controlled substances.[25]

Illicit traffic in relation to the narcotic drugs and psychotropic substances means

1. Cultivating any coca plant are gathering any portion of the coca plant.
2. Cultivating the opium poppy or Cannabis plant.

• Engaging in the production manufacture, possession, sale, purchase transportation, warehousing, use or consumption import interstate, export interstate import into India export from India of Narcotic Drugs and Psychotropic Substances[26].

1. Dealing in any activities in narcotic drugs and psychotropic substances other than those reference in sub clauses i) and iii)

II.III. MEASURES TOBE TAKEN BY GOVERNMENT

It is the duty of Central Government to take the measures for preventing the trafficking of Narcotic Drugs etc. There must be co-ordination between the various offices State Government and the authorities are which are under this act.[27] Obligations must be set up under the international Conventions. A Notification must be sent to the concerned authorities of other countries relating to the trafficking of Narcotics Drugs. Treatments, Education and Rehabilitation Centres are there for the one who are drug addicted.[28]

This Act[29] gives the power to the Central Government to appoint the Narcotic Commissioner.[30] The functions which are given to the Narcotic Commissioner are related to the supervision of cultivation of Opium Poppy and its production.

In today’s world, the drugs abusage has become the major problem and is rising day by day. These Narcotic Drugs are spoiling the society as a whole and as a result health issues and economic issues are rising day by day in the country.[31]Many of these issues include mental disorder, crime prostitution, physical disorders, accidents and family disintegration. The economic wealth is getting spoilt as its main aim is to bring economy but as a result the productivity is getting spoilt and there is the drainage of natural system.

According to Section 8,[32] no person is allowed to cultivate coca plant or opium poppy or cannabis plant. Under this Section, no person can produce manufacturer cell transport consume or any other things which is related to drugs. It should be noted that the issue related to the drugs trafficking or smuggling spoiling the health of the people. There should be a reduction in the demand of drugs whether they are legal or illegal. It is estimated by Ministry of Health and Family Welfare that news about 40 million people in the world are regularly on drugs.[33]

In India, there are three million people of alcohol and near about 5 lacs to 6 lacs people are on drugs wish you are taking medical treatment and are going to rehabilitation centre.[34] The Opium required for the medical purposes is sent from India as it is the biggest supplier in the world. Golden crescent is located in North West and Golden triangle is created in the North East. This all shows that India is a giant in traffic in the drugs. The usage of sintering girls is leading to the major problems such as HIV/AIDS Northeast State of the country.[35]When the survey was conducted by Ray R it was seen that Alcohol Opium and Heroine are mostly consume drugs.[36] There was last number of people who were injected with the drug abuse and really wanted to get rid of it.[37] These people were both from urban and rural areas. There are people in the countries that are injected with the drug abuse and have unsafe sex. Narcotic Drugs and Psychotropic Substances is preserved under Article 47 on Constitution of India with states that

“State shall endeavour to bring about gravitation of the consumption except for the medical purposes of intoxicating drinks and of drugs which are injurious to health”

The Opium Act, 1958 and the Dangerous Drugs Act, 1930 were enacted long time back. There are many laws which are coming day by day to ensure that drug trafficking should not be there and if someone caught he or she should be given a strict punishment.[38] The laws are becoming very strict as this crime is rising day by day. Suspense bill, 1985 was enacted on 16th of September, 1985 and this act now known as NDPS Act. It was enacted to make sure that various control and regulation of narcotic drugs and psychotropic substances. This act also has implemented the provision related to International conventions on Narcotic Drugs and Psychotropic Substances.[39]

II.IV. ALL ABOUT NDPS ACT

The NDPS Act was passed in 1985 and contains 6 chapters which comprises of 83 sections.[40] When the amendment was made in 1988 and which came into effect from 29th may, 1989, it contains 8 chapters.[41] There are several measures which are taken by the central government to reduce the trafficking of the drugs. This has been stated under Section 4 of NDPS Act. This section states that there is power to Central Government to constitute the authorities whose main purpose is to find out the drug abusers in the Country.[42]

There is an Advisory Committee formed under section 6[43] by the Central Government which is known as “the Narcotic Drugs and Psychotropic Substances Consultative Committee”.[44] This committee mainly works on the matters related to the drug abuse.[45]

CHAPTER 2A

This chapter was introduced in 1989 amendment and this chapter formed a fund called as “National fund for control of drug abuse”.[46] This fund was formed with the government and public contributions.[47]

CHAPTER 3

This chapter gives the power to the central government to form the rules and regulations for the sale of opium derivatives which are kept in the Central Government factories for the export from India to any state or any manufacturing chemist.[48] The manufacturing chemists are the chemists which includes the makers in the law.

CHAPTER 4

Chapter 4 deals with sections related to section 15 to Section 40[49]. This chapter is related to the offences and penalties, these are the offences which are related to the cultivation manufacturing production and distribution sale and import and export of Narcotics Drugs and Psychotropic Substances.[50] These offences are taken under special courts and the punishments are given from 10 to 20 years if the offences are committed for the first time and 15 to 30 years if the offences are committed more than once with the fines.[51]

This act was first amended in May 1989. Under this act there is a difference between personal consumption of drugs and trafficking of drugs. The personal consumption of drugs punishment is from 6 months to 1 year only.[52]  This punishment varies from which drug is being consumed by the person and its quantity and if the person is caught with a large quantity he or she will be a given punishment from 10 years to 20 years with the sign of 1 lacs to 2 lacs rupees.[53]

III.            LEGISLATIVE PUROPSE

India has the maximum Cultivation, Production and Manufacturing of drugs. The parliament considered the impact of drugs and passed Narcotic Drugs and Psychotropic substances act, 1985 and the relevant amendments were made in 1988. This policy mainly focus is on the two things which are drug trafficking and drug addiction.[54] Section 50 of Narcotics and Drugs Substances Act, 1985 states that if a person has to search for his possession of contraband goods then he has to make a request to the search officer that he should be first taken before a magistrate.[55] If this demand is made then he has to be brought before a magistrate or gazetted officer. This can be only made through the careful examination of the provisions of Section 50 of the act[56] which are-

1.” When any officer duly authorised under Section 42 is about to search any person under the provisions of Section 42 or Section 43, he shall, if such person as requires, take such person without unnecessary delay to the nearest Gazetted Officer of any of the departments mentioned in Section 42 or to the nearest Magistrate.

2. If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or the Magistrate referred to in sub-section (1).
3. The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made”.[57]

If the provisions of Section 50[58] are not completed then the accused has to face the circumstances of warrant against he has been charged.[59]

III.I. ENTRY, SEARCH, SEIZURE AND ARREST

Section 41, 42 and 43 which are in chapter 5 of the act which deals with the procedure of issue of warrant, power of entry, authorisation of officers[60], search, seizure and arrest without warrant or authorisation[61] and the power to arrest in public places.[62]

III.I.I SECTION 41

According to Section 41[63], Metropolitan Magistrate or any Magistrate of 1st and 2nd class, who has empower of the State Government, has the right to issue a warrant of arrest for any person who has committed the crime related to drug abusage. In the case of State of Punjab Vs Balbir Singh,[64] it was stated by Supreme Court that under sub-section (1) of section 41 of NDPS act, it is the right of only Empowered Magistrate to issue the warrant of arrest and has the right to search for the offences which are punishable under chapter 4 of the act and this can be only done if he has any proof that such substances are kept in any building or a place. It was also stated under this case that if search or warrant has been issued by Magistrate who is not empowered, then the arrest would be illegal.[65] Under Section 47, the Magistrate or the Empowered Officer does not have to record the reasons of their beliefs and for the Authority which are issuing the search warrant; they must have the proper proof and the reasons.[66]

III.I.II. SECTION 42

Under Sub-section 1 of Section 42[67], any officer belonging to the Department of Central Excise, Customs, Narcotics, Revenue Intelligence, Drug Control, Police or any other Department of State Government and is empowered on the behalf of special order given by the State Government, if he has any information or knowledge about any person about the narcotic drug for any psytropic substance which is an offence under the act, then he may between sunrise and sunset enter into such building or any place or can break open or remove any obstacle for an entry or can seize or the materials which are used in the manufacture of the drug.[68]
In the case of Syed Jamir s/o Syed Usman Vs State of Maharashtra,[69] the Court stated that the burden of proof lies in the hand of prosecution under Section 41 and 42.[70] In the Case of State of Gujarat Vs Abdulrasid Ibrahim Mansuri,[71] it was taken by Gujarat High Court that the provisions of Section 42[72] will only apply when the search is to be carried out. In the case of T. Thomas vs State of Kerala,[73] the Supreme Court stated that when the raid under section 41, is itself done by gazetted officer then he does not need any authorisation from another gazetted officer.

In the case of Nand Lal Vs State of Rajasthan[74] it was stated by High Court that head constable and constable are excluded under the provisions of section 42[75]. Whereas in the case of Kamal Thakur Vs State (Delhi Admn.,[76]) It was started by Delhi High Court that Head Constable, also have the right to empower under Section 42 of NDPS Act as Head Constable are the Constables with the superior rank and the same view was taken in the case of Shirish Madhavdas Vs State of Gujarat.[77]

III.II AUTHORISATION FOR SEARCH WARRANT AND ARREST WARRANT

In the case of Mohammed Hussain Farah Vs Union of India,[78] a search warrant was carried in the presence of an officer, empowered under Section 41 but, does not fulfil the provisions of Section 42. This same was done in the case of State of Orissa Vs S. Monty and others.[79]

As I have stated earlier that Search Arrest Warrants can only be issued by the persons who has fulfilled the provisions of section 41 as well as section 42 but there are various High Court judgements which have divergent views.[80] In the case of State of Punjab Vs Balbir Singh,[81] the Supreme Court carried on a view related to sub -section (2) of Section 42, that states that an officer has to take down any information under sub-section (1), and he should have records for his belief under the provision and he has to send a copy to his official Superior Officer. In the Case of Pothireddi Rao Vs State of Andhra Pradesh,[82] Andhra Pradesh High Court, held that that the information which is which is not specific is not the information contemplated in Section 42.[83]

III.III. PUBLIC PLACES

Under section 43[84], the officers which are mentioned under Section 42[85] have the right to arrest anyone in the public place. In the case of Hardeo Gujjar vs State of Rajasthan,[86] it was held that Section 42 and Section 43 of NDPS Act are independent and when someone as mentioned above has to arrest in the public place then section 43 will be applicable.[87] In the case of Aslambhai IbhrahimBhai Memon Vs State of Gujarat,[88] it was stated that whenever a search or an arrest has to be done at a public area or in the vehicle in transit, there must be information in writing which should be given.

In Baburao Vs State of Karnataka,[89] it was held that the provisions of Section 41 and Section 42 are not applicable for detaining the person in the public place where as the provisions of Section 43 will apply. In Diwakar Srivastva Vs Station Ofiicer, the Court held that for the detaining a person in public place search, that person should not be in his own house as his home would not come under public place.

III.IV. SPECIAL PROVISIONS FOR THE SEARCH OF A PERSON

Section 50[90] of NDPS Act provides the special provisions for the search of a person.

Divisions which are present in the Section 50[91] help the person against the frivolous accusation. In Lacho Devi Vs State,[92] Delhi High Court kept a view that when the search was made then, the gazetted officer must be present to ensure the safety against planting any incriminating article. The Gujarat High Court in the Case of State of Gujarat Vs Ibrahim Ansar[93] stated that Section 50 gives an additional safeguard for the personnel search and the authorised officers must not misuse the power. Section 50 ensures that there is a presentation of light in liberty for an investigational agency. In state of Punjab Vs Balbir Singh,[94] the Supreme Court referred to the provisions of Section 50 by giving the right to the person in the presence of gazetted officer.

In the case of state of Punjab vs Baldev Singh[95] the Supreme Court stated that

“to be searched before a gazetted officer or a magistrate, if the suspect so requires, is an extremely valuable right which the legislature has given to the concerned person having the regard to the grave consequences that may entail the possession of illict articles under NDPS act. It appears to have been incorporated in the act keeping in view the severity of the punishment. The rationale behind the provision is even otherwise manifest. The search before a gazetted officer on a magistrate should impart much more authenticity and creditworthiness to the search and seizure proceeding. It would also verily strengthen the prosecution case”[96]

In Ramji Duda Makwana Vs State of Maharashtra,[97] Bombay High Court carefully considered the provisions of Section 50 of NDPS Act and stated that broad and definite lines should be drawn between the cases which are related to the contraband.

Calcutta High Court stated the meaning of “search of a person”[98] They stated that personnel search, is a search, that is required to be done when any part of body is touched that has the possibility of keeping the contrary and articles hidden. Calcutta high court also stated that the Provisions of Section 50 does not violate Article 21 and 22 (1) of Constitution of India.[99]

IV. EPIDEMIOLOGY

Much of the earlier epidemiological research has been regional and it has been very difficult to draw inferences of national prevalence from these studies.

IV.I REGIONAL STUDIES

The total number of 8,923 convicts has been sentenced under NDPS Act[100] in 2014. From these 45% are from Punjab. The number of people sentenced from Punjab was 3972.[101] As per NCRB figures total number of convicts from Punjab are 10,540 from which 3,972 face in NDPS Chargers.[102] According to the NCRB Data, 1,533 convicts have faced Arms Charges across the country; from which 362 belong to Punjab jails where as 333 from Uttar Pradesh and 204 are from Bihar.[103]

The total number of cases under Narcotic Drugs and Psychotropic Substances Act, 1985 registered in 2012 were 29,247 and the numbers of cases were increased up to 13.4% compared with previous year cases with 29,048.[104] According to the data there is the rise of 15.7 % increase in the cases from 2002 and 2007 to the cases between 2007 and 2012.[105] The figures are taken by ‘National Crime Record Bureau’.[106]

The number of patients who were drug addicted, admitted from 2008 to 2010 were 198 in Kashimir Most of them were male and half of them were in a high school. Over 22.2 % were unemployed and near about 20% of students. Most of the patients (70%) belong to the nuclear family and the majority of them had not married.[107]

From the year 1968-2000, the main focus of the Indian Government was on the alcohol usage. The of the alcohol addiction increased from 115 to 16,725. The figures written here include both slums as well as urban areas. At that time the figures very strong from region to region. Under urban areas 167 out of 1000 people use to have alcohol everyday whereas in rural 370 out of 1000 people have.[108]

IV.II. NATIONAL STUDIES

The National Household survey involves a subset (‘sample’) of households that are randomly selected and is the first systematic way to collect data under whatever aspect we want to.[109] Under this survey the males which belong to the age of 12 to 60 years from 25 states excluding Jammu & Kashmir are considered as the part of survey. Females as well as the Males, who are staying in the Jail, hostels and other institutions are also not part of this survey.[110]

The percentage of people who were addicted to alcohol was 21.4 % where as Cannabis was 3.47% and opioids was 0.7%. 17% to 26% of the people who were addicted to alcohol went up against ICD diagnosis of dependence.[111]There was a huge difference between the States of India in the variation of alcohol addictors as in Western State of Gujarat, there was only 7% whereas 75% was in Northeastern States. The consumption of tobacco was as high as 55.8% and under this most of them were males and belong to the age group of 41 to 50 years.[112]The National Family Health Survey[113] helps the drug abusers as well as the alcohol thinkers to regulate their life properly.[114] It was stated by Drug Abuse Monitoring System[115] that the treatment centres which established to cure the person who are addicted to alcohol and drug abusers, as there were 43.9% of the people who has alcohol addiction whereas opioids was 26% and Cannabis was 11.6 %.[116]

It was stated by Minister of Social justice and empowerment Thaanwar Chand that at present, in India 7.21 crore people are affected due to drugs.[117] The National Surveys are being conducted by the government and the results are likely to come out by 2018. He stated that

“The Ministry has recently assigned the work of conducting the national survey on the extent and pattern of substance use to national drug dependence treatment centre, All India Institute of Medical Sciences, New Delhi,”

He also stated that no survey was done when previous UPA government was there as the survey has to be held every 5 years.[118]

V. CONCLUSION

As stated in the paper, that drug abusers in India is increasing day by day. Therefore, the Narcotic Drugs and Psychotropic Substances Act have become strict. Meny rehabilitation centres have been formed all around India. Drug, directly affect the central nervous system and spoils the bodily functions and makes the body unconscious. There has many treatment programs formed in India to cure drug abusers which include Community Mental Health Centres, Some Medical Hospitals and Specialised Chemical Abuse Rehabilitation Centres. Additional problems have also been introduced such as the reputation communities and halfway houses .The fundamental objective of all of these programs should be to help the public to learn and understand the drugs so that they can cope up with everyday life and know the disadvantages of it. At present, according to me, our country needs a Non-governmental leadership towards drug abuse. Everyone should fight against drug abuse and Drug Abuse Council should leadership so that, in our country no one shpuld suffer because of drugs abusage.

[1] Murari Shetye, Goa’s drug pie sliced up between foreign, local gangs Goa’s drug pie sliced up between foreign, local gangs (2015), http://timesofindia.indiatimes.com/city/goa/Goas-drug-pie-sliced-up-between-foreign-local-gangs/articleshow/47005988.cms (last visited Feb 21, 2017).

[2] Rishika Baruah, Why Does Punjab Have a Drug Problem? The Untold Story (2017), https://www.thequint.com/india/2016/06/16/why-does-punjab-have-a-drug-problem-the-untold-story (last visited Feb 21, 2017).

[3] The Narcotic Drugs and Psychotropic Substances Act, 1985.

[4] Supra note 3.

[5] DRUG CONTROL STRATEGY AND POLICY, NARCOTICS CONTROL BUREAU MINISTRY OF HOME AFFAIRS GOVERNMENT OF INDIA, http://narcoticsindia.nic.in/policy-strategy.php?id=1 .

[6] Supra note 5.

[7] See SATYAKAM MOHAPATRA, CURRENT STATUS OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT Current status of the narcotic drugs and psychotropic substances (NDPS) act (2013). https://www.researchgate.net/publication/259937757_Current_status_of_the_narcotic_drugs_and_psychotropic_substances_NDPS_act (last visited Feb 22, 2017).

[8] Supra note 7.

[9] Drug policy of India, Drug policy of India, https://en.wikipedia.org/wiki/Drug_policy_of_India (last visited Feb 22, 2017).

[10] Cannabis known as marijuana.

[11] Cannabis Abuse as a Risk Factor for Depressive Symptoms, 158 2033–2037, 2033-2037 (2001), http://ajp.psychiatryonline.org/doi/abs/10.1176/appi.ajp.158.12.2033  (last visited Feb 22, 2017).

[12] Supra note 11.

[13] Cocaine, (2016), https://www.drugabuse.gov/publications/drugfacts/cocaine  (last visited Feb 22, 2017).

[14] Supra note 7.

[15] Supra note 5.

[16] Supra note 13.

[17] Supra note 5.

[18] Defining Possession, Manufacture, Use and Distribution of Drugs – See more at: http://www.legalmatch.com/law-library/article/defining-possession-manufacture-use-distribution.html (last visited Feb 22, 2017).

[19] Supra note 11.

[20] The Narcotic Drugs and Psychotropic Substances Act, 1985.

[21] Supra note 7.

[22] Norn S & Kruse E, History of opium poppy and morphine, https://www.ncbi.nlm.nih.gov/pubmed/17152761 (last visited Feb 22, 2017).

[23] Supra note 22.

[24] R. J. Sullivan & E. H. Hagen, Psychotropic substance-seeking: evolutionary pathology or adaptation?, (2002), http://onlinelibrary.wiley.com/doi/10.1046/j.1360-0443.2002.00024.x/full (last visited Feb 22, 2017).

[25] Supra note 23.

[26] Supra note 7.

[27] Supra note 3.

[28] Supra note 7.

[29] Supra note 3.

[30] Supra note 2.

[31] Murari Shetye, Goa’s drug pie sliced up between foreign, local gangs, April 22, 2015.

[32] Supra note 3.

[33] Supra note 7.

[34] Supra note 11.

[35] See Pratima Murthy et al., Substance use and addiction research in India, (2010), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3146212/  (last visited Feb 22, 2017).

[36] Ray R., The Extent, Pattern and Trends Of Drug Abuse In India, National Survey, Ministry Of Social Justice and Empowerment.

[37] Supra note 35.

[38] National Family Health Survey India, , http://www.nfhsindia.org/nfhs3.html (last visited Feb 21, 2017).

[39] Supra note 9.

[40] Supra note 5.

[41] Supra note 3.

[42] Supra note 5.

[43] Supra note 3.

[44] The Central Government constituted, by notification in the Official Gazette, an advisory committee which is called “The Narcotic Drugs and Psychotropic Substances Consultative Committee.

[45] The Narcotic Drugs and Psychotropic Substances Consultative Committee., Narcotic Drugs and Psychotropic Substances Act, http://www.advocatekhoj.com/library/bareacts/narcoticdrugs/6.php (last visited Feb 21, 2017).

[46] The Narcotic Drugs and Psychotropic Substances (National Fund for Control of Drug Abuse) Rules, 2006, https://indiankanoon.org/doc/152060695/ (last visited Feb 23, 2017).

[47] Narcotic Drugs and Psychotropic Substances Act, 1985. https://en.wikipedia.org/wiki/Narcotic_Drugs_and_Psychotropic_Substances_Act,_1985 (last visited Feb 22, 2017)

[48] Supra note 47.

[49] Supra note 3.

[50] Supra note 47.

[51] Drug laws in India, http://www.antidrugs.gov.il/download/files/indian_drug-laws.pdf (last visited Feb 24, 2017).

[52] Id.

[53] Id.

[54] Dr. Raghunath Pathnaik, Judicial train relating to the position and trafficking of narcotic drugs and Psychotropic substances.

[55] Section 50 of Narcotics and Drugs Substances Act, 1985.

[56] Supra note 3.

[57] Section 50 of Narcotics and Drugs Substances Act, 1985.

[58] Supra note 3.

[59] Supra note 54.

[60] Section 41 read with notification number S.O. 824 (E) Dt. 14.11.1985. by virtue of which the Central Government empowered the officers and above the rank of Superintendent in the Department of Central Excise Narcotics Customer and Revenue Intelligence and in the Central Economic Intelligence Bureau and Narcotics Bureau to exercise the power specified in subsection to all section 43 within the area of their respective jurisdiction.

(The narcotics Bureau was inserted in the notification vide S.O. No. 3778 Dt. 1.1.1986).

[61] Section 42 read with the notification number 822(E) Dt. 14.11.1985, by virtue of which Central Government empowered the offices of and above the rank of Sub Inspector in the Department of Central Excise, Customs and Revenue Intelligence and in the Central Economic Intelligence Bureau and duties specified in Section 42 of the act, within the area of their respective jurisdiction and also authority is the said officers to exercise the power conferred upon them and to call for information as contemplated under Section 67 of the Act.

[62] As per section 43 of the Act.

[63] Supra note 3.

[64] State of Punjab Vs Balbir Singh, JT 1994 (2) SC 108:1994 Cri.L.J. 3702: AIR 1994 SC 1872:1994 AIR SCW 1802:1994 (2)  SCC 108 : 1994 SCC (Cri) 634 :1994 (1) Crimes 753: 1994 Drugs Cases 342.

[65] Dr. M.C. Mehanthan, Law of Control on The Narcotic Drugs and Psychotropic Substances in India.

[66] R.S Seth Gopi Krishan Aggarwal Vs R.N. Sen , Assistant Collector of Customs and Central Excise AIR 1967 SC 1298:1967 (2) SCR 340: 1967 Cri.L.J. 1194.

[67] Supra note 3.

[68] Supra note 65.

[69] Syed Jamir s/o Syed Usman Vs State of Maharashtra, 1997 Drug Cases 149.

[70] Also see Singarasu Venkayamma Vs State, Excise Inspector, Chirala Excise Range, 1999 Drug Charges (428)

[71] State of Gujarat Vs Abdulrasid Ibrahim Mansuri, 1991 Cr LR 101: 1991 (1) EFR 21 : 1991 Drugs Cases 1 (DB). In this case since entry in the conveyance did not arise, the Court held that the provisions of section 42 were not applicable.

[72] Supra note 3.

[73] T. Thomas Vs State of Kerala, JT 2000 (Suppl. 1) SC 204.

[74] Nand Lal Vs State of Rajasthan, (1987) 3 Crimes 629:1987 Cr. LR 698 1988 (1) FAC 25 :1988 EFR 145 : 1988 Drugs cases 44. Also see State vs. Shakeel Ahmed 1995 Cri.L.J. 2300 (J&K).

[75] Supra note 3.

[76] Kamal Thakur Vs State (Delhi Admn.), 1995 Cri. L.J. 980 : 1995 (1) Rec CR 653 : 1995 (1) Crimes 121 : 1995 (1) EFR 460 1995 Drugs cases 312.

[77] Shirish Madhavdas Vs State of Gujarat, 1990 Cr. LR 337: 1990 (1) GLR 617: 1991 (2) Crimes 157.  

[78] Mohammed Hussain Farah vs Union of India, AIR 1999 SC 3343.

[79] State of Orissa Vs S. Monty and others, JT 1999 (10) SC 531 : 2000.

[80] In Richpal Vs State 1988 (2) Delhi lawyer 419: 1989 (1) FAC 133 : 1989 EFR 487: 1989 urgency depicted in the facts which showed that the Sub Inspector who received the secret information had to immediately make arrangements for apprehending the appellant and so, even if it could be held that there has been some lapse in not reducing the secret information into writing it is not violate the recovery affected by appellant. In Nathu Ram Vs State, 1989 EFR 838 : 1990 Cri.L.J. 806 : 1990 drugs cases for 48 (Del) the Court held that it is not obligatory for the police officer to record the information in writing and the sub-section (2) of Section 42 and the requirement for reducing the information in writing could be said to be only directory and not mandatory.

[81] State of Punjab Vs Balbir Singh, JT 1994 (2) SC 108 :1994 Cri. L.J. 3702 : AIR 1994 SC 1872 : 1994 AIR SCW 1802 :1994 Drugs Cases 342.

[82] Pothireddi Rao Vs State of Andhra Pradesh, 2001 Cri. L.J. 1979 : 2001 (76) ECC 760 (A.P.).

[83] Supra note 3.

[84] Any officer of any of the departments mentioned in section 42 may—

(A) seize in any public place or in transit, any narcotic drug or psychotropic substance or controlled substance in respect of which he has reason to believe an offence punishable under this Act has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this Act, any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act;

(B) detain and search any person whom he has reason to believe to have committed an offence punishable under this Act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company.

[85] Supra note 3.

[86] Hardeo Gujjar Vs State of Rajasthan, 1988 (2) RLR 726 : 1989 Cr. LR 582 : 1990 Drugs Cases 231 : 1992 (1) EFR 412.

[87] Lacho Devi Vs. State, 1990 (2) CC Cases 395 : 1990 (2) EFR 634 : 1990 Drugs Cases 303 : 1991 Cri.L.J. 2793.    

[88] Aslambhai IbhrahimBhai Memon Vs State of Gujarat, 1990 Cri.L.J. 1787.

[89] Baburao vs State of Karnataka, 1993 Cri.L.J. 2310 : 1993 (1) Crimes 856 : 1993.

[90] Conditions under which search of persons shall be conducted.—

(1) When any officer duly authorised under section 42 is about to search any person under the provisions of section 41, section 42 or section 43, he shall, if such person so requires, take such person without unnecessary delay to the nearest Gazetted Officer of any of the departments mentioned in Section 42 or to the nearest Magistrate.

(2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or the Magistrate referred to in sub-section (1).

(3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made.

(4) No female shall be searched by anyone excepting a female. 1[(5) When an officer duly authorised under section 42 has reason to believe that it is not possible to take the person to be searched to the nearest Gazetted Officer or Magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest Gazetted Officer or Magistrate, proceed to search the person as provided under section 100 of the Code of Criminal Procedure, 1973.

[91] Supra note 90.

[92] Lacho Devi Vs State, 1990 (2) CC Cases 395 : 1990 (2) EFR 634: 1990 Drugs Cases .

[93] State of Gujarat Vs Ibrahim Ansari, 1991 Cr LR 101 : 1991  Drugs Cases.

[94] Punjab Vs Balbir Singh, JT 1994 (2) SC 108 : 1994 Cri.L.J. 3702.

[95] Punjab Vs Baldev Singh, JT 1999,(4) SC 595 : 1999 Cri.L.J. 3972.

[96] Punjab Vs Baldev Singh, JT 1999,(4) SC 595 : 1999 Cri.L.J. 3972.

[97]  Ramji Duda Makwana Vs. State of Maharashtra, 1994 Drugs Cases 299 (DB).

[98] Supra note 65.

[99] Md. Farid Ali Vs State, 1994 (2) Crimes 532 : 1994 (2) EFR 613 (Cal) 1995 : Drugs Cases 44 (DB).

[100] Supra note 3.

[101] As per NCRB figures.

[102] Deeptiman Tiwary, NCRB data: 45% convicts lodged in jails on drug charges are from Punjab, October 3, 2015, http://indianexpress.com/article/india/india-news-india/ncrb-data-45-convicts-lodged-in-jails-on-drug-charges-are-from-punjab/ (last visited Feb 27, 2017).

[103] Id.

[104] India’s Drug Problem:8 Eye-Opening Facts, India’s Drug Problem:8 Eye-Opening Facts, June 23, 2013, http://www.indiatimes.com/news/more-from-india/indias-drug-problem-8-eyeopening-facts-156854.html (last visited Feb 26, 2017).

[105] Id.

[106] The National Crime Records Bureau, abbreviated to NCRB, is an Indian government agency responsible for collecting and analysing crime data as defined by the Indian Penal Code(IPC). NCRB is headquartered in New Delhi and is part of the Ministry of Home Affairs (MHA), Government of India.

[107] See Yasir Hassan Rather, Socio-demographic and Clinical Profile of Substance Abusers Attending a Regional Drug De-addiction Centre in Chronic Conflict Area, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3743979 (last visited Feb 25, 2017).

[108] Supra note 56.

[109] Supra note 36.

[110] See Sada Nand Dwivedi et al., National household survey on drug abuse (NHSDA) in India: Methodological appraisal (2014), http://www.currentsciencejournal.info/issuespdf/SND.NHSDA%201.pdf (last visited Feb 28, 2017.

[111] See Pratima Murthy, Substance abuse and addiction research in India, http://nimhans.ac.in/cam/sites/default/files/Publications/2.pdf (last visited Feb 28, 2017).

[112] Id.

[113] National Family Health Survey, India, National Family Health Survey, India, http://rchiips.org/nfhs/ (last visited Feb 28, 2017).

[114] Supra note 65.

[115] Kumar MS, Rapid Assessment Survey of Drug Abuse in India, http://www.onodc.org/india/ras.html (last visited Feb 28, 2017).

[116] Supra note 64.

[117] PTI, National survey to find number of people taking drugs: Government, Indian Express, August 4, 2016, http://indianexpress.com/article/india/india-news-india/national-survey-to-find-number-of-people-taking-drugs-government-2953561/  (last visited Feb 28, 2017).

[118] Supra note 65.