As we all know, there are many kinds of drugs in society which have scientific and medical uses, but these days people use them illegally. There are certain acts made by parliament to prevent use/production/possession/transportation of drugs, i.e. Narcotic Drugs & Psychotropic Substance(NDPS) Act, 1985 & the Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act (1988). These two are the major laws relating to drugs in India.

What do these two laws classify?

• NDPS Act, 1985:
  • Basically, the NDPS Act prohibits a person from the production, manufacturing, cultivation, possession, sale, purchasing, transport, storage, and/or consumption of any narcotic drug or psychotropic substance.
• The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988:
  • It is an Act to provide for detention in certain cases for the purpose of preventing illicit traffic in narcotic drugs and psychotropic substances and for connected matters.

What are narcotic drugs & psychotropic substances?

• Narcotic drug means coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured drugs.
• Psychotropic substance 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.

There are many narcotic drugs & psychotropic substances but following are most used in India:

Narcotic Drugs	Psychotropic Substances
Cannabis	LSD
Hashish	OPIOIDS
Cocaine	NEUROLEPTICS
Opium	ETHINAMATE
Morphine	AMOBARBITAL

Objects of NDPS Act, 1985

The NDPS Act was enacted for the first time in 1985 and amended four times in 1988, 2001, 2014 & 2021.

Its main objectives are:

• To regulate narcotics drugs.
• To amend and consolidate the laws governing the use and possession of narcotic drugs.
• To establish stringent provisions for the control, regulation, and supervision of the illegal possession, sale, transit, and consumption of narcotic drugs and psychotropic substances.
• To establish a mechanism for the implementation of the provisions of the International Convention on Narcotic Drugs and Psychotropic Substances, as well as for other purposes connected therewith.

Punishments Under NDPS Act, 1985

The main factor in prescribing punishment under the NDPS Act is the quantity of seized drugs. A lesser punishment may be imposed if the drug is just for personal use. However, if the recovered contraband is more than the commercial quantity, stringent punishment shall be imposed as it will amount to an offence against society.

Categories of Quantity

• Small Quantity: Any quantity lesser than the quantity specified by the Central Government.
• Less than Commercial Quantity: Any quantity lesser than commercial quantity but greater than small quantity.
• Commercial Quantity: Any quantity greater than the quantity specified by the Central Government.

The quantity for different drugs is decided by the Central Government as per category and is not uniform for all drugs.

Punishments Based on Quantity

• For small quantities: Rigorous imprisonment for a term which may extend to one year, or with a fine which may extend to ten thousand rupees, or with both.
• For quantity lesser than commercial quantity but greater than small quantity: Rigorous imprisonment for a term which may extend to ten years and with a fine which may extend to one lakh rupees.
• For commercial quantity: Rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to a fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.

Note: The court may, for reasons recorded in the judgment, impose a fine exceeding two lakh rupees.

Notification Specifying Small and Commercial Quantity

Any other quantity that falls between small & commercial quantity is classified as lesser than commercial quantity but greater than small quantity.

Death Penalty

Under Section 31A, the death penalty can be imposed on a habitual offender. However, it is at the judge's discretion.

Bail Clause (Section 37 of NDPS Act, 1985)

No person accused of committing an offence under the NDPS Act, 1985 shall be released on bail unless:

• The public prosecutor is given an opportunity to oppose the bail application for release.
• The court, after opposition from the prosecutor, is satisfied that there are reasonable grounds to believe that the accused is not guilty and is not likely to commit any offence while on bail.

If either of these two conditions is not satisfied, the ban on granting bail applies.

Generally, bail is the rule and jail is an exception but in NDPS cases jail is a rule and bail is an exception.
Section 37 of the NDPS Act deals with the issue of cognizable and non-bailable offences. All offences punishable under the act are non-bailable and no person accused of committing an offence under the Act shall be released on bail unless the above two conditions are met.

Rhea Chakraborty v.Union of India (2021)
Honourable Bombay High court inter alia held that all offences under NDPS Act are cognizable and non-bailable.

Conclusion:
The Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985 is a crucial legislation aimed at regulating and curbing the illicit trafficking and abuse of narcotic drugs and psychotropic substances in India.
In conclusion, the NDPS Act remains a cornerstone of India's legal framework for controlling drug abuse, but ongoing reforms and a more nuanced understanding of addiction and rehabilitation are essential for making the Act more effective and humane in its implementation. Addressing issues related to underprivileged communities and reducing the criminalization of users while targeting major drug trafficking networks could enhance its long-term success.