NDPS Cases Lawyer in Gurgaon

NDPS Act: Important Sections And Landmark Judgments: This article provides an overview of the Narcotic Drugs and Psychotropic Substances Act, 1985, including its key provisions and landmark judgments ¹.
– Important NDPS Decisions by Supreme Court and High Courts in 2023: This article discusses recent decisions made by the Supreme Court and High Courts in 2023 related to NDPS cases ².
– J U D G M E N T – SUPREME COURT OF INDIA: This article provides a judgment passed by the Supreme Court of India in an NDPS case ³.
– Supreme Court’s Acquittal in a NDPS Case: Yusuf v. State: This article discusses a landmark judgment passed by the Supreme Court of India in the case of Yusuf v. State, where the accused was acquitted ⁴.
– A detailed analysis of the National Drugs and Psychotropic Substances: This article provides an in-depth analysis of the Narcotic Drugs and Psychotropic Substances Act, 1985, including its objectives, positive and negative aspects, and important sections ⁵.

The NDPS Act of 1985 is the primary piece of law through which the state controls the use of Narcotic Drugs and Psychotropic Substances. These regulations were enacted to restrict and monitor the use of specified medications in limited circumstances. The Government of India passed the National Drugs and Psychotropic Substances Act in 1985. The Act gives the government the authority to establish as many Special Courts as it sees suitable for the expedient trial of cases. INTRODUCTION The Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act) was adopted to consolidate and revise narcotic drug law, and to provide rigorous rules for the supervision and regulation of Narcotic Drugs and Psychotropic Substances activities. The legislation makes it illegal to produce, manufacture, cultivate, own, sell, transport, purchase, or use Narcotic Drugs and Psychotropic Substances. NDPS Act also aims to check the problem of Drug addiction. Drug addiction is a disease in which a person loses the ability to control his or her use of drugs and uses them repeatedly, resulting in addiction, which then affects that person’s brain and behavior. The need for regulating Narcotic Drugs and Psychotropic Substances is an open book; we regularly hear of cases where drugs have not only ruined a person’s life, but also the lives of others. ENACTMENT OF THE NDPS ACT The Bill was signed into law by then-President Giani Zail Singh and came to be known as the Narcotic Drugs and Psychotropic Substances Act of 1985. Entry 19 of List III (Concurrent List) of Schedule VII of the Constitution of India gives the States and the Central Government, the authority to legislate on matters relating to “drugs and poisons,” but this authority is subject to Entry 59 of List I (Union List) of Schedule VII of the Indian Constitution, which prohibits “the cultivation, manufacture, and sale for export of opium.” IMPORTANT PROVISIONS OF THE NDPS ACT Section 1 – Short title, extent, and commencement. This Section lists the short title, scope, and commencement date of the NDPS Act. This Act applies to the whole of India, and its scope includes Citizens of India, as well as all persons on ships and aircrafts registered in India. Section 3 – Power to add to or omit from the list of psychotropic substances. The Central Government has reserved its power under Section 3 of the NDPS Act to add or delete such substance or natural material or salt or preparation of such substance or material from the list of Psychotropic Substances as and when the government deems it necessary or expedient to do so in a very simple way simply through a notification in the official gazette without any Bill or amendments to be passed based on available information or a decision. Section 4 – Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc. This Section lists down the measures that need to be taken by the Central Government to prevent and combat abuse of narcotic drugs and psychotropic substances. In 1986, the Central Government established a Statutory body under Section 4(3) of the NDPS Act, to act as Indian federal law enforcement, intelligence, and nodal agency to prevent drug trafficking, assist international and foreign drug law enforcement agencies, and coordinating drug law enforcement nationally. Section 8 – Prohibition of certain operations This Section states that no one shall produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-State, export inter-State, import into India, export from India or transship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and extent provided by the provisions of this Act. Section 21 – Punishment for contravention of manufactured drugs and preparations. The NDPS Act divides punishment into three categories based on the quantity taken: small quantity, commercial quantity, and quantity less than commercial quantity but higher than a small quantity. Punishment for a violation regarding manufactured pharmaceuticals and preparations is specified in Section 21 of the NDPS Act as follows: (a) For Small quantity – rigorous imprisonment up to 1 year, or fine up to Rs. 10,000, or both; (b) For less than commercial quantity but greater than small quantity – rigorous imprisonment up to 10 years, and fine up to Rs. 1 Lakh; (c) For Commercial quantity – rigorous imprisonment from 10 to 20 years, and fine from Rs. 1 Lakh up to 2 Lakhs (Court may impose a fine exceeding two lakh rupees after recording the reasons in its judgment); Section 25 – Punishment for allowing premises, etc., to be used for the commission of an offense. This Section provides punishment for intentionally enabling premises, etc., to be used to commit an infraction. Whoever owns or occupies, or has control or use of, any house, room, enclosure, space, place, animal, or conveyance and knowingly allows it to be used for the commission of an offence punishable under any provision of this Act by another person, shall be punished with the punishment provided for that offence. Section 35 – Presumption of culpable mental state. According to Section 35 of the NDPS Act, the court shall presume the presence of the accused’s culpable mental state, but it shall be a defense for the accused to establish that he did not have a guilty mental state. SECTION 36A – Offences triable by Special Courts This Section in a ‘non-obstinate provision states that any offense under this Act punishable by imprisonment of more than three years shall be triable exclusively by the Special Court, to ensure a rapid trial.

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