The Narcotic Drug and Psychotropic Substance Act of 1985 (NDPS Act) was enacted to combat drug trafficking in India by prohibiting the production, possession, sale, purchase, and use of certain substances. The NDPS Act consolidated and strengthened earlier drug laws. It includes narcotic drugs like opium and cannabis as well as psychotropic substances. Violations of the NDPS Act are punishable by rigorous imprisonment of at least 10 years and fines. The Act was later amended in 1989 to expand its scope and establish a National Fund for Control of Drug Abuse.

1. The Narcotic Drug
and Psychotropic
Substance Act of
1985

3. Introduction
NDPS Act, as it is known
popularly, is meant to face a very important
social problem: drug trafficking. This is also
one of the special Acts that has come before
the courts very frequently and having a
large number of conflicting judgments
confusing the general public.

4. Evolution of Law:
 The Opium Act of 1857 was revised
first in 1878.
 In 1950, the Opium Act of 1878 was
revised as the Opium and Revenue
Laws Act 1950.
 On 16th September 1985, the above
mentioned Acts were repealed and Act
61 of NDPSA 1985 was enforced.

5. 1989 AMENDMENT TO NDPS
ACT:
The 1989 Amendment sought
to provide for the following:
 To constitute a National Fund for Control of
Drugs Abuse to meet the expenditure
incurred in connection with the measures for
combating illicit traffic and preventing drug
abuse.
 To bring certain controlled substance which
are used for manufacture of narcotic drugs
and psychotropic substances under the ambit
of Narcotic Drugs and Psychotropic Act

6. Scope of the Act:
 This Act has 83 sections.
 One schedule giving the list of psychotropic
substances.
 Substantive provisions of the Act are
contained in chapter 3 dealing with
prohibition, control and regulation of certain
activities.
 These are re- enforced by provisions relating
to offenses and penalties in chapter 4.

7. Content:
The act included narcotic drugs
(opium, poppy, straw, cannabis,
cocaine, coca and all related
synthesized drugs) and psychotropic
substances (76 drugs and their
derivatives, for example major
tranquilizers, minor tranquilizers,
pentazocine, barbiturates, etc.)

8. In this act if a person
produces, possess, transports, import,
sells, purchase or uses any narcotic
drugs or psychotropic substances
(except ‘Ganja’) shall be punishable

9. Punishments
1. Rigorous imprisonment for not less
than 10years, which may be extended
up to 20 years and a fine of not less
than 1lakh rupees, which may
extended to 2 lakh rupees

10. 2. For repeat offence a rigorous
imprisonment of not less than 15years
which may be extended up to 30years
and a fine of not less than 1.5lakh
rupees, which may be extended up to
3lakh rupees.

11. 3. For handling ‘Ganja’, a rigorous
imprisonment which may extend to
10years and a fine up to 1lakh rupees.

12. 4. On carrying small quantities, ex.
Heroine – 250mg, Opium – 5gm,
Cocaine – 125mg, Charas – 5gm, as
were later specified in the act the
punishment may extend to 1year or
fine or both.

13. 5. Under a specified court order, there
is a provision for detoxification of the
patient

14. 6. Under a later enactment, the
prevention of illicit traffic in Narcotic
Drugs and Psychotropic Substances Act
(NDPSA), 1988 (act 46) was passed.
Now there is a provision for preventive
detention, seizure of property, death
penalty if a person is bound to be
trafficking more than or equal to 1kg of
pure heroin despite conviction and
warning on the first attempt.