The act has been amended three times in 1988, 2001, and most recently in 2014. This act was amended once in 1989 and subsequently in 2001. The amending act of 2001 rationalised the sentence structure so as to ensure that while drug traffickers who traffic in significant quantities of. Consumer affairs unfair business practices amendment act. The narcotic drugs and psychotropic substances act, 1985, commonly referred to as the ndps act. Ndps act has made stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances. Sentencing policy for drug offenders under the ndps act annual national seminar on working of the ndps courts in india national judicial academy, bhopal 14 august 2016 tripti tandon advocate and deputy director lawyers collective. Criminal code amendment act 2001 2 citation 1 this act, which amends the criminal code act 1907 the principal act, may be cited as the criminal code amendment act 2001. An overview on narcotic drugs and psychotropic substances. The narcotic drugs and psychotropic substances act, 1985 page 1 introduction chapter i preliminary sections 1. On a bare reading of the statement of objects and reasons, it cannot be said that the intention of the legislature was to consider the actual content by weight of the offending drug for the purpose of determining whether it would constitute small. The supreme court of india has also appreciated the role of indian parliament for introducing effective provisions in ndps act, 1985 in a judgment durand didier versus chief. Ndps amendment act, 2001 statement of objects and reasons.
The ndps act has since been amended thrice in 1988, 2001 and 2014. A study on consumption of drugs in india after the. The ndps amendment act, 2001 hereinafter referred to as the amendment act introduced certain changes. Components of ndps act the act as originally passed in 1985 was spread over six chapters comprising 83 sections. An act to consolidate and amend the law relating to narcotic drugs, to make. Be it enacted by parliament in the fiftysecond year of the republic of india as follows. Roman catholic church communities lands amendment act. The narcotic drugs and psychotropic substances act, 1985. Administrative tribunals amendment act, 2006 administratorsgeneral amendment act, 1999 advocates act, 1961 advocates welfare fund act, 2001 air force act, 1950 antiquities and art treasures act, 1972 antiquities and art treasures rules, 1973 appeal to the appellate authority rules, 2004. In this article, pramit bhattacharya, student, damodaram sanjivayya national law university, visakhapatnam, writes about the drug policy followed by india. A reassessment of the act in 2001 resulted in amendments relating to the. Narcotic drugs and psychotropic substances ndps act, 1985. The amendments were finally adopted in 2001, to grade punishment35 on the basis of the quantity of drugs involved that is, small,36 commercial37 or intermediate.
The amending act of 2001 rationalised the sentence structure so as to ensure that while drug traffickers who traffic in significant quantities of drugs are punished with deterrent sentences, the addicts and those who commit less serious. Since then act was amended thrice 1988, 2001 and 2014. Ndps act is an act to consolidate and amend the law relating to narcotic drugs, to. An act further to amend the narcotic drugs 1 this act may be called the narcotic drugs and psychotropic substances the narcotic drugs and psychotropic substances act, 1985, commonly referred to as the ndps act, the ndps act has since been amended thrice in 1988, 2001 and 2014. It exercises control in respect of matters relating to all the direct and indirect union taxes through two statutory boards namely, the central board of direct taxes cbdt and the central board of excise and customs cbec. Section 5 companies amendment act 2001 page 2 act 24 of 2001 to 5. The narcotic drugas and psychotropic substances medind. Protection of constitutional democracy against terrorist and related activities, 2004 act no. Narcotic drugs and psychotropic substances ndps act,1985. Substituted by act of the narcotic drugs and psychotropic substances amendment act, 2001,w. Central government to take measures for preventing and combating. The narcotic drugs and psychotropic substances act 1985. An act further to amend the narcotic drugs and psychotropic substances act, 1985.
The trade unions amendment act, 2001 northern coalfields. Current status of the narcotic drugs and psychotropic substances ndps act. State of west bengal,2 the full bench of kolkata high court upheld the constitutional validity of the amendment act of ndps act, 2001 and observed the amendments made to the narcotic drugs and psychotropic substances act, in 2001. Although after 3 years of implementation of ndps act the need to bring one more act on prevention of illicit trafficking in narcotic drugs and psychotropic substances, 1988 was felt and it was brought under the light of indian law makers 7. Telecommunication interconnection usage charges sixteenth amendment regulations, 2020 4 of 2020 corrigenda finance act, 2020 prevention of moneylaundering maintenance of records 2nd amendment rules, 2020. Ndps act forbids production, manufacturing, cultivation, selling, possession, purchase, transport and consumption of any narcotic and psychotropic. The article focuses chiefly on the ndps act which was introduced in 1985 and then subsequently amended three times in 1989, 2001.
Single convention on narcotic drugs, 1961 as amended by. Enforcement of the narcotic drugs and psychotropic. During the implementation of the narcotic drugs and psychotropic substances amendment act, 2001 certain anomalies have been noticed. Be it enacted by parliament in the sixtyfifth year of the. Punishment for contravention in relation to manufactured drugs and preparations.
The supreme court of india has also appreciated the role of indian parliament for introducing effective provisions in ndps act, 1985 in a. Being the pivotal provision, the section, as amended by act 9 of 2001, inserting subsections 5 and 6 with effect from 210 2001 is extracted in full. The narcotic drugs and psychotropic substances amendment act. To download tb notification dated on 21july2015 click. Ndps act what supreme court said about assessing the. Sentencing policy and the ndps act national judicial academy.
National council for disability amendment act, 2015. Be it enacted by parliament in the fifty second year of the republic of india as follows. The act is designed to fulfill indias treaty obligations under the single convention on narcotic drugs, convention on psychotropic substances, and united nations convention against illicit traffic in narcotic drugs and psychotropic substances. Therefore, it is proposed to rationalise the sentence structure so as to ensure that while drug traffickers who traffic in significant quantities of drugs are punished with deterrent sentences, the addicts zand those who commit less serious offences are sentenced to less severe. With the major barriers to opioid access having been overcome by the ndps amendment act, the greatest need of the moment is action by the medical council of india and indian nursing council to include pain management and palliative care in their undergraduate curricula.
Section1 roman catholic church communities lands amendment act 2001 no 11 page 2 the legislature of new south wales enacts. Narcotic drugs and psychotropic substances act,1985. In section 2 of the narcotic drugs and psychotropic substances act, 1985 hereinafter referred to as the principal act. Thresholds were specified by the central government through a notification dated 19 october 2001. Section 164 of the principal act is amended by inserting a comma after secretary in. Pdf on apr 1, 20, satyakam mohapatra and others published current. The amendment to ndps act came into effect on 2nd october, 2001. After being amende d by the narcotic drugs and psychotropic substances amendment act, 1988 with effect from 29 51989, the act now contains eight chapters. Narcotic drugs and psychotropic substances act, 1985 3 1viia commercial quantity, in relation to narcotic drugs and psychotropic substances, means any. The narcotic drugs and psychotropic substances amendment act, 2014 act no. It is proposed to rectify those anomalies and make certain further changes to strengthen the provisions of the act. An act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances 1, to provide for the forfeiture of property derived from, or used in, illicit traffic. Amendment in ndps act a boon to drug peddlers news. Power to add to or omit from the list of psychotropic substances chapter ii authorities and officers 4.
An act further to amend the trade unions act, 1926. The amendment act, 2001 inserted and substituted many important provisions for the strict compliance with the objectives of the legislation. The act is again proposed to be amended by initiating the narcotic drugs and psychotropic substances amendment bill, 2011 which has not yet obtained approval due to many political and social explanations. Narcotic drugs and psychotropic substances act, 1985. The narcotic drugs and psychotropic substances amendment. Ndps amendment act, 2001 is yet another legislative attempt to iron out the anomalies and to remove the technical snags. Charges were framed in the instant case under section 20biic of the act. Narcotic drugs and psychotropic substances act, 1985 wikipedia. Other than those permitted under this act, or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder, and includes, 5 inserted by ndps amendment act, 2001, ww. The narcotic drugs and psychotropic substances ndps act was passed in 1985 in a bid to criminalize the cultivation, possession of narcotic drugs.
The appeal was preferred by the appellant before this court on 29th october, 2001. Department of revenue functions under the overall direction and control of the secretary revenue. Amendment of section 3 of the principal act 2 section 3 of the principal act is amended a by deleting the definition of order for conditional. The appellants case was decided on 29th september, 2001. An act further to amend the narcotic drugs and psychotropic substances.