forensic drug

1. F O R E N S I C D R U G T E S T I N G
A N D
A LC O H O L A B U S E
G R O U P - 9

2. A L C O H O L A B U S E L AW
I N
I N D I A

3. ALCOHOL ABUSE
Alcohol abuse is a serious problem. It is a pattern of drinking too much alcohol too often. It
interferes with your daily life. You may be suffering from alcohol abuse if you drink too much alcohol
at one time or too often throughout the week. It also is a problem if you can’t stop drinking and it
harms your relationships. It can cause you to be unable to function at work and in other areas of your
life.
It can lead to physical dependency on alcohol, or alcoholism. Too much alcohol at one time
also can lead to alcohol poisoning. One alcoholic drink is defined as 1, 12-ounce bottle of beer; 1, 5-
ounce glass of wine; or 1.5 ounces of 80-proof distilled spirits (such as whiskey, rum, or tequila).

4. INTRODUCTION
Alcohol consumption is a culturally defined activity, impacted by the economics and policy of
a society at a given point in time. In the year 2000-2001 the recorded alcohol per capita
consumption in India was a low 0.82 liters of pure alcohol as compared to the per capita
consumption in US (8.51 liters), Canada (8.26 liters) and UK (10.39 liters) for the same period
(WHO, 2004). Post 1995, the unrecorded alcohol per capita consumption in India is an estimated 1.7
liters (WHO, 2004). While these figures give the impression that India is largely a dry culture,
considerable variations exist in the prevalence of alcohol use and misuse within the country. Class,
caste, religion and gender are significant factors that define the patterns and nature of alcohol
consumption across India. Further, increasingly, globalization and economic liberalization are affecting
changes in the social fabric and organization of the Indian society and likely to have an impact on
drinking patterns and cultures in the country as well.

5. You are abusing alcohol when:
 You drink 7 drinks per week or more than 3 drinks per occasion (for women).
 You drink more than 14 drinks per week or more than 4 drinks per occasion (for men).
 You have more than 7 drinks per week or more than 3 drinks per occasion (for men and women older
than 65).
 Consuming these amounts of alcohol harms your health, relationships, work, and/or causes legal
problems.
ALCOHOL ABUSE

6.  The legal drinking age in India and the laws which regulate the sale and consumption of alcohol vary
significantly from state to state. In India, consumption of alcohol is prohibited in the states
of Bihar, Gujarat and Nagaland as well as the union territory of Lakshadweep. There is a partial ban on
alcohol in some districts of Manipur. All other Indian states permit alcohol consumption but fix a legal
drinking age, which ranges at different ages per region. In some states the legal drinking age can be
different for different types of alcoholic beverage.
 In spite of legal restrictions, alcohol consumption in India has risen over 72.5% over a period of 20
years (according to OECD figures) as the laws are generally not followed in a customer business
relationship.
ALCOHOL ABUSE

7. DRUNK AND DRIVE
 The blood alcohol content (BAC) legal limit is 0.05% or 30mg alcohol in 100 ml blood.
 On 1 March 2012, the Union Cabinet approved proposed changes to the Motor Vehicle Act. Higher
penalties were introduced, including fines from 2,000 to 10,000 and imprisonment from 6 months
₹ ₹
to 4 years. Different penalties are assessed depending on the blood alcohol content at the time of the
offence.
 Dry Days are specific days when the sale of alcohol and meat is not permitted. Most of the Indian
states observe these days on major national festivals/occasions such as Republic Day (26
January), Independence Day (15 August) and Gandhi Jayanti (2 October).[41]
Dry days are also
observed on and around voting days.

8. ALCOHOL AND STATE POLICY
“The State shall regard the raising of the level of nutrition and the standard of living of
its people and the improvement of public health as among its primary duties and, in particular,
the State shall endeavor to bring about prohibition of the consumption except for medicinal
purposes of intoxicating drinks and of drugs which are injurious to health.”
- Article 47, Directive Principle of State Policy, Constitution of India.

9. Drug abuse is a process of misuse of drug through various ways, addicts are using
substance which is easily available like cough syrups, pain killer ointments, glue, colophony,
paints, gasoline and cleaning fluids. Whitener, alcohol, tobacco, hard and soft drugs is commonly
being used by street and working children. Drug abuse is become a big problem in our country
specially in these state Manipur, Mizoram, Nagaland, Himachal Pradesh, Punjab, Haryana and
Western Rajasthan. Punjab and Manipur are in top in this list.
At present, drug abuse is being seen as a complex problem because it is internally linked
with other serious crimes such as organized crimes, human trafficking and money laundering.
Drug abuse may decrease the memory of the user and it can takes the life of the user. It may be a
cause of various disease like HIV/AIDS, heart attack, cancer etc. Drug abuse is a stigma for every
country especially it is very bad for developing country like India.
INTRODUCTION:

10. SEC 31A OF NDPS ACT: DEATH PENALTY FOR
CERTAIN OFFENCES AFTER PREVIOUS CONVICTION
Particulars of narcotic drugs/psychotropic
substances
Quantity (limit)
Opium 10 kgs
Morphine 1 kg
Heroin 1 kg
Codeine 1 kg
Thebaine 1 kg
Cocaine 500 gms
Hashish 20 kgs
LSD, LSD-25 (d-lysergic acid diethylamide) 500 gms
THC (Tetrahydrocannabinols, the following Isomers:
6a (10a), 6a (7),7,8,9,10,9 (11) and their
stereochemical variants)
500 gms
Methamphetamine 1,500 gms
Methaqualone 1,500 grams
Amphetamine 1,500 gms

11. STATUTORY PROVISIONS IN INDIA:
The Indian legislature is constantly trying to eliminate the problem of misuse of drugs by making the law to achieve the
goals of international treaties and conventions under which the India is a signatory country.These international treaties
and conventions are as follows:
 Convention on Narcotic Drugs, 1961.
 Convention on Psychotropic Substances, 1971.
 Convention against IllicitTraffic in Narcotic Drugs and Psychotropic Substances, 1988.
 Transnational Crime Convention, 2000.
Indian Parliament has enacted two Central Acts:
 The Narcotic Drugs and Psychotropic Substances Act, 1985, and
 The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

12. N A R C O T I C D R U G S A N D
P S Y C H O T R O P I C
S U B S TA N C E A C T, 1 9 8 5

13. NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCE ACT, 1985
The NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCE ACT, 1985, commonly
referred to as the NDPS act, is an ACT of the Parliament of India that prohibits a person to produce/
manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or
psychotic substance. The Narcotic and Psychotic Drug Bill, 1985 was introduced in the LOK SABHA
on 23rd
August 1985. it received assent from then President GIANI ZAIL SINGH on 16th
September
1985, and came into force on 14th
November 1985. it has been amended thrice- in 1988, 2001 and
2014. the act extends to the whole of India and applies to all the citizens outside India and to all
persons on ships and aircraft registered in India.

14. NARCOTIC DRUGS AND PSYCHOTROPIC
SUBSTANCE ACT, 1985
1. Short title, extent and commencement
The short title for the Act is the Narcotic Drugs and Psychotropic Substances Act, 1985. It extends to
the whole of India. It came into force after the Central Government notified it in the Gazette of India on
14 November 1985
2. Definitions
 Section 2 of the Act defines the various terms used in it, unless the context otherwise requires. Some
of the definitions are listed below. Words and expressions used in the Act, and not defined, but
defined in the Code of Criminal Procedure, 1973 have the meanings respectively assigned to them in
that Code.
 "cannabis (hemp)" means: (a) charas, that is, 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, that is, the flowering or fruiting tops of the
cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever
name they may be known or designated; and (c) any mixture, with or without any neutral material, of
any of the above forms of cannabis or a drink prepared there from;

15. CHAPTER I
PRELIMINARY
SECTIONS
1 Short title, extent and commencement
2 Definitions
3 Power to add to or omit from the list of psychotropic substances.
CHAPTER II
AUTHORITIES AND OFFICERS
4. Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic
drugs, etc.
5. Officers of Central Government
6. The Narcotic Drugs and Psychotropie Substances Consultative Committee
7. Officers of State Government.
CHAPTER IIA
NATIONAL FUND FOR CONTROL OF DRUG ABUSE
7. A) National Fund for Control of Drug Abuse. B) Annual report of activities financed under the Fund.

16. CHAPTER III
PROHIBITION, CONTROL AND REGULATION
8. Prohibition of certain operations. 8A) Prohibition of certain activities relating to property
derived from offence.
9. Power of Central Government to permit, control and regulate. 9A. Power to control and
regulate controlled substances
10. Power of State Government to permit, control and regulate.
11. Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment.
12. Restrictions over external dealings in narcotic drugs and psychotropic substances.
13. Special provisions relating to coca plant and coca leaves for use in the preparation of
flavouring agent.
14. Special provision relating to cannabis.

17. CHAPTER IV
OFFENCES AND PENALTIES
15. Punishment for contravention in relation to poppy straw.
16. Punishment for contravention in relation to coca plant and coca leaves.
17. Punishment for contravention in relation to prepared opium.
18. Punishment for contravention in relation to opium poppy and opium.
19. Punishment for embezzlement of opium by cultivator.
20. Punishment for contravention in relation to cannabis plant and cannabis.
21. Punishment for contravention in relation to manufactured drugs and preparations.
22. Punishment for contravention in relation to psychotropic substances.
23. Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances.
24. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12.
25. Punishment for allowing premises, etc., to be used for commission of an offence. 25A. Punishment for contravention of orders made under section
9A.
26. Punishment for certain acts by licensee or his servants.
27. Punishment for consumption of any narcotic drug or psychotropic substance. 27A. Punishment for financing illicit traffic and harbouring offenders.
27B. Punishment for contravention of section 8A.
28. Punishment for attempts to commit offences.
29. Punishment for abetment and criminal conspiracy.
30. Preparation.

18. 31. Enhanced punishment for offences after previous conviction. 31A. Death penalty for certain offences
after previous conviction.
32. Punishment for offence for which no punishment is provided. 32A. No suspension, remission or
commutation in any sentence awarded under this Act. 32B. Factors to be taken into account for imposing
higher than the minimum punishment.
33. Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders
Act, 1958.
34. Security for abstaining from commission of offence.
35. Presumption of culpable mental state.
36. Constitution of Special Court. 36A. Offences triable by Special Courts. 36B. Appeal and revision. 36C.
Application of Code to proceedings before a Special Court. 36D. Transitional provisions.
37. Offences to be cognizable and non-bailable.
38. Offences by companies.
39. Power of court to release certain offenders on probation.
40. Power of court to publish names, place of business, etc., of certain offenders.

19.  1988 Amendment
The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (Act No. 2 of 1989) received assent
from then President Ramaswamy Venkataraman on 8 January 1989.
 2001 Amendment
The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 (Act No. 9 of 2001) received assent
from then President K. R. Narayanan on 9 May 2001.
 2014 Amendment
The Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 (Act No. 16 of 2014) amended the
NDPS Act to relax restrictions placed by the Act on Essential Narcotic Drugs (Morphine, Fentanyl and Methadone),
making them more accessible for use in pain relief and palliative care. The Amendment also contained measures to
improve treatment and care for people dependent on drugs, opened up the processing of opium and concentrated poppy
straw to the private sector, and strengthened provisions related to the forfeiture of property of persons arraigned on charges
of drug trafficking. The Amendment also removed the NDPS Act's imposition of a mandatory death sentence in case of a
repeat conviction for trafficking large quantities of drugs, giving courts the discretion to use the alternative sentence of 30
years imprisonment for repeat offences. However, the Amendment increased the punishment for "small quantity" offences
from a maximum of 6 months to 1 year imprisonment.

20. DRUG ANALYSIS

Forensic drug analysis deals with the identification and quantification of illegal drugs.
Forensic drug tests are generally carried out in two steps: screening and confirmation .

Once drugs are detected through screening, for example spot test kits (e.g., immunoassays,
Marquis test, etc), samples are then collected and sent to laboratories for confirmation tests.

Confirmation requires high sensitivity and selectivity toward drugs, as well as their
metabolites, and is frequently carried out by GC/MS.

21. GAS CHROMATOGRAPHY
 Gas chromatography (GC) is based on the separation of volatile samples by their unique affinity for the column.
Target drug compounds in the sample are identified by their retention times when samples are passed through
chromatographic columns.
 GC coupled with mass spectrometry (MS) is a powerful technique because structures of unknown compounds
can be identified after they have been separated by GC.

24. DRUG TESTING
A drug test is a
technical analysis
of…

25. SCREENING TESTS FOR DRUGS OF ABUSE
Urinalysis
Breath analyzer
Sweat
 Drug Screen
Hair
Blood
Diagnostic Screening
Random Drug Testing

26. DRUG TESTING
1. Urine drug screen:
It can be used to identify adolescents
who have started using drugs so that
interventions can occur early, or identify
adolescents who already have drug problems, so
they can be referred for treatment.

27. 2. BREATH TEST:

28. DRUG TESTING
3. Sweat drug screen
Sweat patches are attached to the skin to
collect sweat over a long period of time (up to
14 days). The mechanism by which drugs are
incorporated into sweat is not fully understood
Sweat is collected continuously by an
absorbent pad or ‘‘sweat patch’’ that is held
close to the skin with an adhesive area, similar
to a Band-Aid.

29. DRUG TESTING
4. Hair
 Hair can be thought as a continuous
collection device which absorbs
compounds as blood passes through the
hair. Hair follicle and sweat gathers and is
absorbed around the base of a growing hair
shaft.
 Scalp hair is the most commonly tested
sample. Head hair provides a window of
detection of approximately 3 months; body
hair, which grows much more slowly ,can
be used to detect use up to 12 months.

30. DRUG TESTING
5. Blood
Drug-testing a blood sample measures
whether or not a drug or a metabolite is in the
body at a particular time.
These types of tests are considered to be the
most accurate way of telling if a person is
intoxicated.

31. 6. Fingernail Drug Testing:
Fingernails are four times thicker than the typical
strand of hair and often capture more of a
substance than hair can. Biomarkers become locked
in keratin fibers along the entire length of the nail,
and can be detected up to 3-6 months after drug or
alcohol abuse
DRUG TESTING

32. DRUG TESTING
7. Diagnostic screening
In the case of life-threatening symptoms, unconsciousness, or bizarre behavior in an emergency
situation, screening for common drugs and toxins may help find the cause, called a toxicology
test or tox screen for self-administered drugs.
These tests can also be done post-mortem during an autopsy in cases where a death was not
expected. The test is usually done within 96 hours (4 days) after the desire for the test is realized.

33. DRUG TESTING
8.Random drug testing
Can occur at any time, usually when the investigator has reason to believe that a substance
is possibly being abused by the subject by behavior or immediately after an employee-related
incident occurs during work hours.
Testing protocol typically conforms to the national medical standard, candidates are given
up to 120 minutes to reasonably produce a urine sample from the time of commencement (in
some instances this time frame may be extended at the examiners discretion).

34. DETECTION PERIOD

35. DIFFERENT SECTION OF INDIAN PANEL CODE
OF FORENSIC TOXICOLOGY
 Sec. 272 I.P.C. - Punishment for adulterating food or drink intended for sale;
 Sec. 273 I.P.C. - Punishment for selling noxious food or drink;
 Sec. 274 I.P.C. - Punishment for adulteration of drugs in any form with any change in its effect knowing
that it Will be sold;
 Sec. 275 I.P.C. - Punishment for knowingly selling adulterated drugs with less efficacy or altered action;
 Sec. 276 I.P.C. - Punishment for selling a drug as a different drug or Preparation;
 Sec. 277 I.P.C. - Punishment for fouling water of public spring or reservoir;
 Sec. 278 I.P.C. - Punishment for voluntarily making atmosphere noxious to health;
 Sec. 284 I.P.C - Punishment for negligent conduct with respect to poisonous substance;
 Sec. 328 I.P.C. - Punishment’ for causing hurt by means of poison or any stupefying, intoxicating or
unwholesome drug.

36. SUGGESTIONS TO CURB THE PROBLEM OF
DRUG ABUSE:
Drug abuse is illegal because of various reasons, so it should be prevented. We have various obligatory laws to prevent it but we are still
facing the problem of drug abuse because of lack of implementation and lacunae in existing laws.In this section we are trying to suggest
certain measures to curb the problem of drug abuse. One in every five of India's drug addicts is a child. In Bachpan Bachao Andolan v.
Union of India & Org. Supreme Court directed to the State to curb the child trafficking and drug abuse, for drug abuse among children
court suggested the following things:
1. A national action plan on substance abuse is required
2. There is a need of counselling and rehabilitation to child affected by drug abuse.
There are some other suggestions which may be helpful to curb the problem of drug abuse, these are as follows:
1. There is need of communication between parents and child.
2. There should be a co-ordination between the multiple bodies which are established to fight with drug abuse.
3. Proper counselling of drug addicts is required.
4. By making awareness among people about drug abuse.
5. The improper policy of government for youngster is also responsible for drug abuse, so there is need of proper policy in favour of
youngster’s lifestyle which could reduce the social, mental, educational and economic pressure.
6. There is a need of proper control over the manufacture, distribution and import and export of chemicals which can be used in
the illicit manner Identification of drug users at an early stage is required in order to take corrective measures. The Narcotic Drugs
and Psychotropic Substance Act does not make adequate distinctions between a casual drug user, a hard addict, a petty peddler and a
seasoned drug trafficker, so there should be a proper demarcation between these four types of drug abusers.
7. This Act does not make any meaningful distinctions between hard and soft drugs which is the reason why many drug users resort to
hard drugs, so there is a need of different punishments for soft and hard drugs.

37. REFERENCES
 http://vbch.dnh.nic.in/pdf/Rules%20for%20The%20Narcotic%20Drugs%20and%20Psychotropic%20Substances%20Act,%
201985.pdf
 https://en.wikipedia.org/wiki/Narcotic_Drugs_and_Psychotropic_Substances_Act,_1985#cite_note-NDPS_Act,_1985-
7
 Supreme Court directs government to take action as peer pressure and academic stress drive children to substance
abuse, available at: http://www.dailymail.co.uk/indiahome/indianews/article4031994/Indias-court-orders-action-child-
drug-abuse.html (Visited on June 02, 2017)
 Standing Committee on Social Justice and Empowerment, 25th Report on Persons affected by Alcoholism and
Substance (Drug) Abuse, Their Treatment/Rehabilitation and role of Voluntary Organizations (Ministry of Social
Justice and Empowerment, 2015)
 .(A Detailed Analysis of the National Drugs and Psychotropic Substances Act, available at: https://blog.ipleaders.in/a-
detailed-analysis-of-the-national-drugs-and-psychotropic-substances-act/ (Visited on July 05, 2017)
 .(Indian Law to Check Illegal Drug Trafficking : A Critical Evaluation, available at:
http://www.shodhganga.inflibnet.ac.in, (Visited on June 04, 2017).
 Section 80 of Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985)
 Section 8 of Narcotic Drugs and Psychotropic Substances Act, 1985 (Act 61 of 1985).
 A Detailed Analysis of the National Drugs and Psychotropic Substances Act, available at:Copyright © 2017, Scholarly
Research Journal for Interdisciplinary Studies.

38. THANK YOU!