Narcotic Drugs and Psychotropic Substances (NDPS) Act

Syllabus: General Studies Paper 2

While granting bail to a man arrested on June 1 for possessing 29 kg of bhang and 400 g of ganja, Karnataka High Court recently observed that nowhere in the Narcotic Drugs and Psychotropic Substances (NDPS) Act is bhang referred to as a prohibited drink or prohibited drug.

The single judge Bench relied on two earlier judgments, Madhukar vs the State of Maharashtra, 2002 and Arjun Singh vs State of Haryana, 2004, where the courts had ruled that bhang is not ganja, and is therefore not covered under the NDPS Act.

What is bhang?

• Bhang is the edible preparation made from the leaves of the cannabis plant, often incorporated into drinks such as thandai and lassi, along with various foods. 
• Bhang has been consumed in the Indian subcontinent for centuries, and is frequently consumed during the festivals of Holi and Mahashivratri. 
• Its widespread use caught the attention of Europeans, with Garcia da Orta, a Portuguese physician who arrived in Goa in the 16th century, noting that, “[Bhang] is so generally used and by such a number of people that there is no mystery about it”.

Bhang and the law

• Enacted in 1985, the NDPS Act is the main legislation that deals with drugs and their trafficking. 
• Various provisions of the act punish production, manufacture, sale, possession, consumption, purchase, transport, and use of banned drugs, except for medical and scientific purposes.
• The NDPS Act defines cannabis (hemp) as a narcotic drug based on the parts of the plant that come under its purview. 
• (a) Charas: “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: “The flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they be known or designated.”
• (c) “Any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom.”

• The Act, in its definition, excludes seeds and leaves “when not accompanied by the tops”. Bhang, which is made with the leaves of the plant, is not mentioned in the NDPS Act.

Narcotics and Psychotropic Substances (NDPS) Act

• Narcotics and Psychotropic Substances (NDPS) Act was passed in 1985 to tackle the problem of illegal drugs in India. 
• The Act establishes Narcotics Control Bureau as the apex drug law enforcement agency and empowers it to oversee the implementation of the NDPS Act and also the other International conventions related to it.
• It prohibits the production, sale, purchase, transport and consumption of narcotic drugs and psychotropic substances. The act extends to the whole of India and also in aircraft and ships that are registered in India.
• The NDPS Act has been amended thrice – in 1988, 2001 and 2014.
• The original Act provided no immunity to drug addicts, and there was no real difference in treatment of the user and the dealer.
• The Act was amended in 2001. After the amendment, the act became more tolerant and provided a distinction between a drug user and a drug dealer. 
• The amendment was undertaken to focus on bigger fish: Those who smuggled the drugs and facilitated its trade. 
• The objective of the amendment was to stop thinking of and treating drug users as hardened criminals, which they rarely are.
• Also, no relief can be sought by the drug convicts by termination, remission, and commutation of sentences passed.
• The bail provision under NDPS requires the court to have “reasonable grounds” to believe that the accused is not guilty and that he is unlikely to commit another offence while on bail.

Punishment and Rehabilitation: 

• The Act prescribes quantity-based punishment. The Act differentiates between small and commercial quantities of various drugs.
• NDPS Act provides harsh sentences for those convicted of offences involves smuggling. It even provides for the death penalty in some cases where a person is a repeat offender.
• But the same act also provides for immunity from prosecution to those who are dependent on drugs. It also provides the setting up of treatment facilities for addicts.
• The penalties under this Act are severe considering the consequences of drug abuse and its trafficking.
• The offences under the Act attract jail terms ranging from one year to 20 years and fine depending on the crime.
• Under the Act, abetment, criminal conspiracy and even attempts to commit an offence attract the same punishment as the offence itself.
• Preparation to commit an offence attracts half the penalty.

Narcotics Control Bureau

• NCB is the nodal drug law enforcement and intelligence agency of India responsible for fighting drug trafficking and the abuse of illegal substance.
• It functions under Union Ministry of Home Affairs (MHA).
• It is headquartered in New Delhi.
• It was established in March 1986 to enable full implementation of Narcotic Drugs and Psychotropic Substances Act, 1985 and fight its violation through Prevention of Illicit Trafficking in Narcotic Drugs and Psychotropic Substances Act, 1988.
• Its mandate is to fight drug trafficking on an all-India level.