The document discusses India's Narcotic Drugs and Psychotropic Substances (NDPS) Act of 1985, which was enacted to strengthen drug laws and curb organized crime related to drug trafficking. It defines key terms, outlines the objectives of the act to provide stricter regulation of drugs and psychotropic substances, and establishes authorities like the Narcotics Control Bureau to enforce the law. The NDPS Act prohibits certain drug-related activities and empowers the central government to control and regulate authorized operations. It also prescribes sanctions for non-compliance with the law's provisions related to substances like opium, cannabis, cocaine, and psychotropic drugs.
Drug trafficking and the role of ndps act in curbing the menace of organized crime
1. DRUG TRAFFICKING AND THE ROLE OF NDPS
ACT IN CURBING THE MENACE OF
ORGANIZED CRIME
2. INTRODUCTION
• The Opium Act of 1857; Central laws, such as the
Opium Act of 1878 and the Dangerous Drugs Act of
1930, were enacted many years ago.
• These laws have many shortcomings, given the
changing circumstances and the development of drug
trafficking at the national and national levels.
• The Government of India repealed these old laws and
enacted the Drugs and Psychotropic Substances Act,
1985.
• These laws were enacted on November 14, 1985.
• It provides a licensing system for central and state
governments.
3. OBJECTIVE
• The main purpose of these laws is to
strengthen the drug law. Provide stricter
regulations and provide drugs and
psychotropic substances.
4. DEFINATION
• Addict : A person habitual to regular use of any narcotic drug or
psychotropic substance.
• Cannabis :
(a) charas, that is, the separated resin, in whatever form, whether crude
or purified, obtained from the cannabis plant and also includes
concentrated preparation and resin known as hashish oil or liquid
hashish.
(b) ganja, that is, the flowering or fruiting tops of the cannabis plant .
• Medicinal Cannbis : It is any extract or tincture of cannabis.
• Coca Derivative : It include :
(I) Crude cocaine which can be used directly or indirectly for manufacture
of cocaine .
Cocaine is methyl ester of benzoyl-ecogonine and it`s salts.
• Opium : it means the coagulated juice of the opium poppy and it`s
mixture with or without neutral material.
5. • Opium Poppy : It includes the plant of Papaver
somniferum L and other species of papaver
from which opium and phenanthrene alkaloid
can be extacted.
• Psychotropic Substance :It means any
substance natural or synthetic or any salt or
preparation of such substance or material
,which is included in list of psychotropic
substance specified in the schedul .
Eg. DET, Clonazepam, Amphetamine Pentobarbital,
Pentazocine
6. Narcotics Control Bureau (NCB)
• The NCB was established on March 17, 1986
to allow full implementation of the NDPS Act
of 1985.
• Headquarters in Delhi.
• It is the main intelligence and police agency in
India.
• Director general .
7. AUTHORITIES AND OFFICIALS
• [A] The central government must take measures
to prevent and combat drug abuse and the illicit
trafficking of these drugs:
– the application of the provision of this law.
– Obligations derived from international agreements.
– Assistance to the competent authorities for the
prevention and repression of the illicit trafficking of
NDPS
– Treatment, education, monitoring, rehabilitation and
social reintegration of drug addicts
8. • [B] Central government officials:
– Appoint the narcotics commissioner and other
officials as they think.
– Function:
• a) supervision of poppy cultivation;
• (b) opium production;
• [C] NDPS Advisory Committee
– This committee is composed of a president and
other members not to exceed .
– The committee advises the central government on
matters related to the application of this law.
9. • (D) Prohibition, control and regulation
– Prohibition of certain operations As per Sec.8: No
person shall;
– Grow any coca plant or collect any portion of the
coca plant; or
– Grow poppy or any cannabis plant; or
– Produce, manufacture, possess, sell, buy,
transport, store, use, consume, import interstate,
export interstate, import to India, export from
India any narcotic or psychotropic substance,
except for medical and scientific purposes.
10. • Power of the central government to authorize,
control and regulate:
– The cultivation or collection of any part of the coca
plant (only on behalf of the central government), or
the production, sale, purchase, transportation,
interstate import, interstate export, use or
consumption of coca leaves.
– Poppy cultivation (only on behalf of the central
government).
– The production and manufacture of opium and the
production of poppy straw;
– Sale of opium and opium derivatives from central
government factories for export to India or sale to
state government or chemical manufacturers;
11. – Import to India and export from India via NDPS
transshipment;
– The manufacture, possession, transportation,
interstate import, interstate export, sale,
purchase, consumption, or use of psychotropic
substances;
12. • Central government control over certain
operations:
– In accordance with the rules:
• Govt. sets the limit for cultivation licenses.
• The product grown by the grower must be delivered to
the authorized agent.
• Governor sets the price to be paid to the farmer for the
opium delivered
13. • The rules may prescribe that opium must be
weighed, examined, and classified according to its
quality and consistency by agents authorized in
that name by the central government. in the
presence of the producer at the time of delivery
by the producer.
• The rules may provide for the weighing,
examination and classification according to its
quality and consistency of the opium received at
the factory and the deduction or addition to the
standard price that will be made according to the
result of that examination.
14. • The form and conditions of the license for the
manufacture of manufacturing drugs, the
authorities by which this license can be
granted and fees can be charged.
• Delivery of opium by the farmer, if discovered
after examination by the central government.
the adulteration plant may be confiscated by
the official authorized for this purpose.
15. Crime and sanctions
• Sanction for non-compliance in relation to;
– Poppy straw.
– Coca plant and leaves.
– Prepared opium.
– Opium and poppy.
– Manufacture of medicines and preparations.
– Psychotropic substances.
– Cannabis and cannabis plant.
• Punishment for illegal import to India, export from
India or transshipment of NDPS.
• Penalty for external transactions in NDPS in violation of
the provisions of this law
