Loopholes Under The Ndps Act, 1985

The Narcotics Drug and Psychotropic Substances (NDPS) Act, 1985 was enacted in response to the treaty obligation of India under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol and the Convention on Psychotropic Substances of 1971, to control the increasing trend in drug abuse and illicit drug trafficking. The NDPS Act prohibits a person from engaging in any activity relating to the cultivation, production, transport, storage, sale, purchase and consumption of any narcotic or psychotropic drug without authorised permission. Generally, narcotic drugs cause sleep, while psychotropic substances have properties that can alter an individual's mind. The NDPS Act bans nearly 200 psychotropic substances. These drugs can be sold only when a prescription is produced. Violation of the provisions of this law may result in a punishment which includes rigorous imprisonment or, fine or both and, in exceptional cases, even the death penalty. Still, if the drugs have been used for personal consumption, then a lesser punishment may be awarded subject to the fulfilment of certain conditions. Within a span of around 40 years, the NDPS Act has been amended four times by way of Amendment Act 2 of 1989, Act 9 of 2001, Act 16 of 2014 and Act 48 of 2021. Despite these amendments to the NDPS Act, still there are many flaws/loopholes that require redressal in order to achieve the Act's primary objective because many offenders have been acquitted due to non-compliance of mandatory and directory provisions as prescribed in the Act. These acquittals have created a sense of insecurity in the society.