The document discusses the Narcotic Drugs and Psychotropic Substances Act of 1985 in India. It outlines the evolution of drug laws in India from the Opium Act of 1857 to the NDPS Act of 1985. The 1985 Act included narcotic drugs and psychotropic substances and imposed punishments such as imprisonment and fines for possession or trafficking of these substances. The Act was later amended in 1989 to strengthen penalties, introduce asset forfeiture, and allow for preventive detention of drug traffickers.
1. The Narcotic Drug and
Psychotropic
Substance Act of 1985
Patel pritesh d
2.
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Acts were repealed and Act 61 of NDPSA 1985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 traffiicking 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. Cont…
To provide that no sentence awarded under the
Act shall be suspended, remitted or commuted.
To provide for pre-trial disposal of seized
drugs.
To provide death penalty on second conviction in
respect of specified offences involving specified
quantities of certain drugs.
7. Cont…
To provide for forfeiture of property and a
detailed procedure relating to the same.
To provide that the offences shall be
cognizable and non-bail able.
8.
9. 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- inforced by provisions relating to
offenses and penalties in chapter 4.
10. 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.)
11. 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
12. 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
13. 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.
14. 3. For handling ‘Ganja’, a
rigorous imprisonment which
may extend to 10years and a fine
up to 1 lakh rupees.
15. 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.
16. 5. Under a specified court order
there is a provision for
detoxification of the patient
17. 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 .
25. Role of Nurse in Admission
Procedure:
Welcoming to the ward.
Settling the patient in the ward.
Introducing to the other staff members
and patients.
Before assigning a bed, consider
biological and emotional needs.
26. Cont…
If any patients have suicidal ideation or
floridly psychotic should be located in
closely observable place.
The patient should be shown various
facilities like availability of bathroom,
recreation, refreshments etc.
Acquaint the patient with some of the
ward rules
27. Cont…
Provide appropriate information.
Head to foot observation for any injury.
Orientation to ward structure, policies.
Find out whether patient had food
before admission.
28. Cont…
Enquire about any legal issue that the
patient has prior to admission.
Perform history collection and MSE.
Write nurse notes, enter in admission
register.
29. Role of the nurse in parole:
Relatives are clearly instructed about
the purpose for which the patient is
being sent home and when he should
be brought back.
Instruct the relatives as to how they
should converse or behave with the
mentally ill persons
30. Cont…
If the patient is receiving any
medications, insist on regularity and
give necessary instructions to the
family members about dosage, side
effects, etc.
The relatives be asked to observe
communication pattern, sleeping
pattern, drug allergy, socialization,
ability to perform role.
31. Role of the Nurse in Discharge
Procedure:
Nurse must ensure that the patient
leaves the unit with all belongings and
personal effects
All necessary instructions especially
regarding his medication regimen, side-
effect, etc. must be clearly given to the
patient and his family members.
32. Cont…
Any paper work, signing of documents
should be completed. The hospital file
along with all charts and notes should
be sent to the medical records section.
The nurse should ascertain his travel
plan and offer assistance if necessary.
The nurse must bear in mind that the
patient may have mixed feelings about
leaving the hospital and going back to
his home environment.