Narcotic Drugs and Psychotropic Substances have several medical and scientific uses. However, they can be and are also abused and trafficked. India's approach towards Narcotic Drugs and Psychotropic Substances is enshrined in Article 47 of the Constitution of India which mandates that the ‘State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health’. The same principle of preventing use of drugs except for medicinal use was also adopted in the three international conventions on drug related matters, viz., Single Convention on Narcotic Drugs, 1961, Convention on Psychotropic Substances, 1971 and the UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988. India has signed and ratified these three conventions. India’s commitment to prevention of drug abuse and trafficking predates the coming into force of the three conventions.
2. The Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 was framed taking into account India’s obligations under the three UN drug Conventions as well as Article 47 of the Constitution mentioned in para 1 above. This Act prohibits, except for medical or scientific purposes, the manufacture, production, trade, use, etc. of narcotic drugs and psychotropic substances.
3. The Governments’ policy has thus been to promote their use for medical and scientific purposes while preventing their diversion from licit sources, and prohibiting illicit traffic and abuse. Unlike the earlier Opium Acts and the Dangerous Drugs Act which it replaced, the NDPS Act has given the power of enforcement to various central and state law enforcement agencies, thus spreading the net of law enforcement far and wide. The NDPS Act It is also possible for the central and State Governments to notify any new class of officers of any department to enforce.
4. The NDPS Act divides the powers and responsibility of regulation of licit activities. Section 9 of the Act has listed various activities which the Central Government can, by rules, regulate while section 10 lists various activities which the State Governments can, by rules, regulate. Thus, we have NDPS Rules of the Central Government and the State NDPS Rules framed by each State Government under the same Act. These are enforced by the Central or concerned State Government.
5. The NDPS Act has created statutory authorities such as the Narcotics Commissioner (Section 5), the Competent Authority (Section 68D) and the Administrator (Section 68G). The organization headed by the Narcotics Commissioner is known as the Central Bureau of Narcotics (CBN). Another authority called the Narcotics Control Bureau was created through a notification under Section 4 of the Act. Each of these authorities has specified functions.
6. Government business is divided in the Central Government as per the Allocation of Business Rules. As per these Rules, the NDPS Act is administered by the Ministry of Finance, Department of Revenue. However, matters pertaining to Drug Demand Reduction are handled by the Ministry of Social Justice & Empowerment (MSJE). MSJE supports various NGOs involved in Drug Demand Reduction. Ministry of Health, Government of India, which is responsible for all health issues, runs several drug de-addiction centres in the Government hospitals across the country. The Narcotics Control Bureau, under the Ministry of Home Affairs (MHA), coordinates actions by various functionaries (Central and State) under the NDPS Act.
7. The State Governments also have their own Health Departments and Social Welfare Departments each of which has its own set of activities relating to Drug Demand Reduction.
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