The narcotic drugs and psychotropic substances act 1985 also known as NDPS act, is an act which prohibited a person to produce, cultivate, manufacture, posses, sell, purchase, store, transport or consume any narcotic drug or psychotropic substances it extends to the whole of India and applies on all the Indian citizens also the one who lives outside India.
Basically, in this act the prohibition on the use of drugs and psychotropic substances is given when a person is seen or caught in the above situation then he shall be punished under this app according to chapter 4 offences and penalties and the procedure to punish is given in chapter 5. There is a list in the act which states the prohibited drugs and that is decided by the central government in this list is changed from time to time.
The person caught with drugs will not only be published if he have given the exception which is either the quantity is very low or he have a proper licence to contain the drug and he have to prove that the drug was only for his personal use. In cases where a person is caught with these drugs then he will be punished under section 15 to 20 of the act which made says imprisonment of 1 to 10 years or fine or both, depending on the quantity and if a person repeats itself then his punishment make get doubled. The given at is cognizable and non bailable.
According to the given act a person who is authorised under the act of narcotic drugs and psychotropic substances 1985 have the right to arrest or check ok someone who is suspected without war but the person have the right under section 50 as according to supreme court before the conviction of the accused he shall be properly searched and under this section hi Shall be made aware of his rights.
The law relating to narcotic drugs and particularly to make stringent provisions for the control and regulation of operations relation to narcotic drugs and psychotropic substances in the territory of India. In the case of Raju versus state of Kerala 1999 supreme court, where appellant was sentenced to 10 years and rupees 100000 fine for position of 100 mg heroine worth rupees 25 supreme court held that such small quantity could not have been meant for sale.
Punjab and Haryana High Court has made mandatory Guidelines for NDPS cases which are:
- There must be digital Recording for case probe.
- Bails in Narcotic cases must be decided on the percentage of actual substance not in total.
- Investigation Officer (IO) cannot be the officer who arrests accused.
- There should be well trained teams for each unit.
- Courier firms too will be booked if substance found inside them.
Conviction can be set aside on technical grounds if the law is not complied with. Even courts have reversed the conviction if charge was not explained in a language understood by them.
Rest for case specific issue, you may contact Top/Best/Expert NDPS Lawyer in Chandigarh Panchkula Mohali (Punjab & Haryana High Court).
This post is written by Natasha Joshi. For more info, dial 7888356908.