NDPS ACt

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)

The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) is a special penal legislation enacted to regulate and control narcotic drugs and psychotropic substances in India. The Act prohibits the cultivation, production, manufacture, possession, sale, purchase, transport, storage, consumption, import, export and trafficking of narcotic drugs and psychotropic substances except for medical, scientific or other purposes specifically authorized by law.

The primary objectives of the Act are:

• To curb drug trafficking and organized narcotics crime.
• To prevent illicit cultivation, manufacture and distribution of narcotic drugs and psychotropic substances.
• To regulate the legitimate medical and scientific use of narcotic drugs.
• To provide stringent punishments and special procedural safeguards for investigation, search, seizure, arrest and prosecution.

The NDPS Act is a special statute, and its provisions override the general criminal law where applicable. It prescribes severe punishments depending upon the nature of the substance and the quantity involved (small quantity, quantity less than commercial but greater than small, and commercial quantity). The Act also places restrictions on the grant of bail in serious offences, particularly those involving commercial quantities.