Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985

On the morning of August 28, a bus heading to Pratapgarh in Rajasthan was stopped soon after it began its journey from Madhya Pradesh’s Mandsaur district. A group of policemen in mufti entered the vehicle and deboarded an 18-year-old boy. Sohanlal Mirasi, a resident of Sarnon Ki Dhani village in Rajasthan’s Balotra district, was detained and later booked for illegally possessing 2.71 kilograms of opium.

He was charged under Sections of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The event was recorded on the CCTV camera fitted on the bus. Sohanlal’s family approached the Madhya Pradesh High Court in Indore for his bail, armed with the 23-second footage, claiming that Sohanlal was empty-handed.

On December 5, the High Court granted Sohanlal bail after his lawyer presented the footage. Justice Subodh Abhyankar remarked that the case filed at Mandsaur’s Malhargarh police station is “rather suspicious”. He summoned Mandsaur Superintendent of Police (SP) Vinod Kumar Meena to appear in the next hearing.

On December 6, Meena suspended six police personnel, including the Malhargarh Station House Officer (SHO) Rajendra Panwar, two Sub-Inspectors and three constables, due to “procedural lapses”, while detaining and arresting Sohanlal. The case prompted the High Court to remark that the State police had “conveniently forgotten” the provisions of Sections 105 and 185 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which lay out the procedures for search and seizure and audio-video recording of the process. It has now summoned the Principal Secretary of the State’s Home Department on January 12 “to apprise this Court about the steps taken to implement the aforesaid provisions”.

The NDPS Act, 1985 is India’s main law to control narcotic drugs and psychotropic substances. It prohibits their production, sale, and consumption except for medical/scientific use, imposes strict punishments, empowers authorities to regulate, and provides for rehabilitation of addicts

• Key Points of the NDPS Act, 1985:
•  Purpose & Scope:
  Enacted in 1985 to curb drug abuse and illicit trafficking.
• Fulfills India’s obligations under international conventions on narcotics control.
• Applies across India and also to Indian citizens abroad.
• 2. Prohibition & Regulation
  Ban on production, manufacture, possession, sale, purchase, transport, and consumption of narcotic drugs and psychotropic substances.
• Exception: Allowed for medical and scientific purposes under government license.
• Central and State governments empowered to regulate cultivation of opium, cannabis, etc.

3. Punishments
Stringent penalties depending on the quantity of drugs:

Small quantity: Up to 1 year imprisonment or fine.

More than small but less than commercial quantity: Up to 10 years imprisonment.

Commercial quantity: 10–20 years imprisonment + heavy fines.

Death penalty possible in rare cases (e.g., repeat offenders involving large quantities).

4. Enforcement Mechanisms
Special powers to police, customs, excise, and other agencies for search, seizure, and arrest.

Establishment of Narcotics Control Bureau (NCB) in 1986 for coordination.

Presumption clauses: possession of drugs can imply guilt unless proven otherwise.

5. Rehabilitation & De-addiction
Recognises drug addiction as a health issue.

Provides for treatment, rehabilitation, and social reintegration of addicts.

Courts may direct addicts to undergo treatment instead of punishment in certain cases.

6. Amendments
1989: Introduced stricter punishments.

2001: Differentiated between “small” and “commercial” quantities to avoid harsh punishment for minor offenders.

2014: Allowed medical use of certain narcotic drugs like morphine for pain relief.